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    <VOL>89</VOL>
    <NO>132</NO>
    <DATE>Wednesday, July 10, 2024</DATE>
    <UNITNAME>Contents</UNITNAME>
    <CNTNTS>
        <AGCY>
            <EAR>
                Agricultural Marketing
                <PRTPAGE P="iii"/>
            </EAR>
            <HD>Agricultural Marketing Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Requests for Nominations:</SJ>
                <SJDENT>
                    <SJDOC>Grain Inspection Advisory Committee, </SJDOC>
                    <PGS>56715</PGS>
                    <FRDOCBP>2024-15134</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Agriculture</EAR>
            <HD>Agriculture Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Agricultural Marketing Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Animal and Plant Health Inspection Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Nutrition Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Forest Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Office of Partnerships and Public Engagement</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>The U.S. Codex Office</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Animal</EAR>
            <HD>Animal and Plant Health Inspection Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Privacy Act; Systems of Records, </DOC>
                    <PGS>56715-56719</PGS>
                    <FRDOCBP>2024-15113</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Consumer Financial Protection</EAR>
            <HD>Bureau of Consumer Financial Protection</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>56741-56742</PGS>
                    <FRDOCBP>2024-15129</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Centers Disease</EAR>
            <HD>Centers for Disease Control and Prevention</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Reorganization:</SJ>
                <SJDENT>
                    <SJDOC>Office of Financial Resources, </SJDOC>
                    <PGS>56753</PGS>
                    <FRDOCBP>2024-15099</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Office of the Chief of Staff, </SJDOC>
                    <PGS>56752-56753</PGS>
                    <FRDOCBP>2024-15100</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>56754-56756</PGS>
                    <FRDOCBP>2024-15137</FRDOCBP>
                      
                    <FRDOCBP>2024-15152</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals; Withdrawal, </DOC>
                    <PGS>56753-56754</PGS>
                    <FRDOCBP>2024-15097</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Coast Guard</EAR>
            <HD>Coast Guard</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Safety Zone:</SJ>
                <SJDENT>
                    <SJDOC>Missouri River, Mile Marker 27-366, </SJDOC>
                    <PGS>56665-56666</PGS>
                    <FRDOCBP>2024-15184</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Petit Fleur Events Wedding Fireworks, Lake St. Clair; Grosse Pointe Farms, MI, </SJDOC>
                    <PGS>56663-56664</PGS>
                    <FRDOCBP>2024-15120</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Special Local Regulation:</SJ>
                <SJDENT>
                    <SJDOC>Cayuga Lake, Ithaca, NY, </SJDOC>
                    <PGS>56677-56679</PGS>
                    <FRDOCBP>2024-14722</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Commerce</EAR>
            <HD>Commerce Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign-Trade Zones Board</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>International Trade Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Oceanic and Atmospheric Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Patent and Trademark Office</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Commission Fine</EAR>
            <HD>Commission of Fine Arts</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Hearings, Meetings, Proceedings, etc., </DOC>
                    <PGS>56741</PGS>
                    <FRDOCBP>2024-15098</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Comptroller</EAR>
            <HD>Comptroller of the Currency</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Reporting and Recordkeeping Requirements Associated With Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring, </SJDOC>
                    <PGS>56809-56811</PGS>
                    <FRDOCBP>2024-15081</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Energy Department</EAR>
            <HD>Energy Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Energy Regulatory Commission</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Environmental Protection</EAR>
            <HD>Environmental Protection Agency</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Air Quality State Implementation Plans; Approvals and Promulgations:</SJ>
                <SJDENT>
                    <SJDOC>Pennsylvania; Interim Final Determination to Stay and Defer Sanctions Related to Reasonably Available Control Technology Requirements for Keystone, Conemaugh, Homer City and Montour Generating Facilities for the 1997 and 2008 Ozone National Ambient Air Quality Standards, </SJDOC>
                    <PGS>56666-56668</PGS>
                    <FRDOCBP>2024-15115</FRDOCBP>
                </SJDENT>
                <SJ>Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Metamitron, </SJDOC>
                    <PGS>56669-56673</PGS>
                    <FRDOCBP>2024-15067</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Air Quality State Implementation Plans; Approvals and Promulgations:</SJ>
                <SJDENT>
                    <SJDOC>New Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air Quality Standards, </SJDOC>
                    <PGS>56683-56693</PGS>
                    <FRDOCBP>2024-14927</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>North Dakota; Regional Haze State Implementation Plan for the Second Implementation Period, </SJDOC>
                    <PGS>56693-56714</PGS>
                    <FRDOCBP>2024-14761</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Pennsylvania; Adoption of Federal Implementation Plan Reasonably Available Control Technology Requirements for Keystone, Conemaugh, Homer City and Montour Generating Facilities for the 1997 and 2008 Ozone National Ambient Air Quality Standards, </SJDOC>
                    <PGS>56680-56683</PGS>
                    <FRDOCBP>2024-15114</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Environmental Justice Thriving Communities Grantmaking Program: Applications for Subawards, </SJDOC>
                    <PGS>56748</PGS>
                    <FRDOCBP>2024-15139</FRDOCBP>
                </SJDENT>
                <SJ>Requests for Nominations:</SJ>
                <SJDENT>
                    <SJDOC>Clean Air Scientific Advisory Committee Ozone Panel, </SJDOC>
                    <PGS>56749-56750</PGS>
                    <FRDOCBP>2024-15080</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Export Import</EAR>
            <HD>Export-Import Bank</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Report of Premiums Payable for Exporters Only, </SJDOC>
                    <PGS>56750</PGS>
                    <FRDOCBP>2024-15121</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Aviation</EAR>
            <HD>Federal Aviation Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>The Boeing Company Airplanes, </SJDOC>
                    <PGS>56659-56662</PGS>
                    <FRDOCBP>2024-15229</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>General Electric Company Engines, </SJDOC>
                    <PGS>56674-56676</PGS>
                    <FRDOCBP>2024-14873</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>
                Federal Communications
                <PRTPAGE P="iv"/>
            </EAR>
            <HD>Federal Communications Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>56750-56751</PGS>
                    <FRDOCBP>2024-15174</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Energy</EAR>
            <HD>Federal Energy Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>56745-56746</PGS>
                    <FRDOCBP>2024-15075</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Combined Filings, </DOC>
                    <PGS>56744-56747</PGS>
                    <FRDOCBP>2024-15073</FRDOCBP>
                      
                    <FRDOCBP>2024-15074</FRDOCBP>
                </DOCENT>
                <SJ>Effectiveness of Exempt Wholesale Generator Status:</SJ>
                <SJDENT>
                    <SJDOC>AES Westwing II ES, LLC, AES ES Alamitos 2, LLC, et al., </SJDOC>
                    <PGS>56743</PGS>
                    <FRDOCBP>2024-15076</FRDOCBP>
                </SJDENT>
                <SJ>Environmental Assessments; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Idaho Power Co., </SJDOC>
                    <PGS>56747-56748</PGS>
                    <FRDOCBP>2024-15077</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Records Governing Off-the-Record Communications, </DOC>
                    <PGS>56744</PGS>
                    <FRDOCBP>2024-15078</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Reporting Costs for Other Federal Agencies' Administrative Annual Charges for Fiscal Year 2023, </DOC>
                    <PGS>56742-56743</PGS>
                    <FRDOCBP>2024-15072</FRDOCBP>
                </DOCENT>
                <SJ>Staff Attendance:</SJ>
                <SJDENT>
                    <SJDOC>North American Electric Reliability Corporation Project 2020-02 Modifications to PRC-024 Meetings, </SJDOC>
                    <PGS>56743-56744</PGS>
                    <FRDOCBP>2024-15079</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Motor</EAR>
            <HD>Federal Motor Carrier Safety Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Exemption Application:</SJ>
                <SJDENT>
                    <SJDOC>Hours of Service of Drivers; McKee Foods Transportation, LLC, </SJDOC>
                    <PGS>56787-56788</PGS>
                    <FRDOCBP>2024-15182</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Railroad</EAR>
            <HD>Federal Railroad Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Funding Opportunity:</SJ>
                <SJDENT>
                    <SJDOC>Fiscal Year 2023-2024 Railroad Crossing Elimination Program, </SJDOC>
                    <PGS>56788-56807</PGS>
                    <FRDOCBP>2024-15061</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Reserve</EAR>
            <HD>Federal Reserve System</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Formations of, Acquisitions by, and Mergers of Bank Holding Companies, </DOC>
                    <PGS>56751</PGS>
                    <FRDOCBP>2024-15171</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, </DOC>
                    <PGS>56751-56752</PGS>
                    <FRDOCBP>2024-15172</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Trade</EAR>
            <HD>Federal Trade Commission</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Petition for Rulemaking:</SJ>
                <SJDENT>
                    <SJDOC>The National HBPA, Inc., </SJDOC>
                    <PGS>56676-56677</PGS>
                    <FRDOCBP>2024-15065</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Transit</EAR>
            <HD>Federal Transit Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Program Evaluation for Processes and Outcomes, </SJDOC>
                    <PGS>56807-56808</PGS>
                    <FRDOCBP>2024-15126</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Fish</EAR>
            <HD>Fish and Wildlife Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Draft Categorical Exclusion and Draft Habitat Conservation Plan:</SJ>
                <SJDENT>
                    <SJDOC>Pelicans Jaw Hybrid Solar Project, Kern County, CA, </SJDOC>
                    <PGS>56773-56775</PGS>
                    <FRDOCBP>2024-15089</FRDOCBP>
                </SJDENT>
                <SJ>Environmental Assessments; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Proposed Pacific Gas and Electric Valley Elderberry Longhorn Beetle Operation and Maintenance Habitat Conservation Plan, </SJDOC>
                    <PGS>56775-56776</PGS>
                    <FRDOCBP>2024-15085</FRDOCBP>
                </SJDENT>
                <SJ>Permits; Applications, Issuances, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Endangered and Threatened Species, </SJDOC>
                    <PGS>56773</PGS>
                    <FRDOCBP>2024-15088</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Drug</EAR>
            <HD>Food and Drug Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Termination; Removal from List of Standing Committees:</SJ>
                <SJDENT>
                    <SJDOC>Allergenic Products Advisory Committee, </SJDOC>
                    <PGS>56662-56663</PGS>
                    <FRDOCBP>2024-15136</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Genetic Metabolic Diseases Advisory Committee; Establishment of a Public Docket; Request for Comments-New Drug Application 214927, for Arimoclomol, </SJDOC>
                    <PGS>56756-56757</PGS>
                    <FRDOCBP>2024-15127</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Workshop to Consider Artificial Intelligence in Drug and Biological Product Development, </SJDOC>
                    <PGS>56757-56758</PGS>
                    <FRDOCBP>2024-15125</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Nutrition</EAR>
            <HD>Food and Nutrition Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Child and Adult Care Food Program:</SJ>
                <SJDENT>
                    <SJDOC>National Average Payment Rates, Day Care Home Food Service Payment Rates, and Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes, </SJDOC>
                    <PGS>56724-56726</PGS>
                    <FRDOCBP>2024-15173</FRDOCBP>
                </SJDENT>
                <SJ>National School Lunch, Special Milk, and School Breakfast Programs:</SJ>
                <SJDENT>
                    <SJDOC>National Average Payments/Maximum Reimbursement Rates, </SJDOC>
                    <PGS>56720-56724</PGS>
                    <FRDOCBP>2024-15175</FRDOCBP>
                </SJDENT>
            </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>Flextronics America, LLC, Foreign-Trade Zone 183, Austin, TX, </SJDOC>
                    <PGS>56728</PGS>
                    <FRDOCBP>2024-15128</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Forest</EAR>
            <HD>Forest Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Boundary Establishment and Comprehensive River Management Plan:</SJ>
                <SJDENT>
                    <SJDOC>Cottonwood Creek National Wild and Scenic River on Inyo National Forest, Forest Service, and the Bureau of Land Management, California State Office, Inyo and Mono Counties, CA, </SJDOC>
                    <PGS>56726-56727</PGS>
                    <FRDOCBP>2024-15124</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Health and Human</EAR>
            <HD>Health and Human Services Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Centers for Disease Control and Prevention</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Centers for Medicare &amp; Medicaid Services</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Drug Administration</P>
            </SEE>
            <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>U.S. Citizenship and Immigration Services</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>U.S. Immigration and Customs Enforcement</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Interior</EAR>
            <HD>Interior Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Fish and Wildlife Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>International Trade Adm</EAR>
            <HD>International Trade Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Antidumping or Countervailing Duty Investigations, Orders, or Reviews:</SJ>
                <SJDENT>
                    <SJDOC>Certain Frozen Warmwater Shrimp from India, </SJDOC>
                    <PGS>56733-56734</PGS>
                    <FRDOCBP>2024-15180</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Certain High Chrome Cast Iron Grinding Media from India, </SJDOC>
                    <PGS>56731</PGS>
                    <FRDOCBP>2024-15103</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Prestressed Concrete Steel Wire Strand from Malaysia, </SJDOC>
                    <PGS>56728-56731</PGS>
                    <FRDOCBP>2024-15104</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Scope Ruling Applications Filed, </SJDOC>
                    <PGS>56732-56733</PGS>
                    <FRDOCBP>2024-15101</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Utility Scale Wind Towers from Malaysia, </SJDOC>
                    <PGS>56735-56736</PGS>
                    <FRDOCBP>2024-15102</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>
                International Trade Com
                <PRTPAGE P="v"/>
            </EAR>
            <HD>International Trade Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Investigations; Determinations, Modifications, and Rulings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, </SJDOC>
                    <PGS>56776-56777</PGS>
                    <FRDOCBP>2024-15181</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Judicial Conference</EAR>
            <HD>Judicial Conference of the United States</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Advisory Committee on Criminal Rules, </SJDOC>
                    <PGS>56777</PGS>
                    <FRDOCBP>2024-15163</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Advisory Committee on Evidence Rules, </SJDOC>
                    <PGS>56777</PGS>
                    <FRDOCBP>2024-15164</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Management</EAR>
            <HD>Management and Budget Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Effective Participation in the Public Comment Process with the Office of Information and Regulatory Affairs; Training Sessions, </SJDOC>
                    <PGS>56777-56778</PGS>
                    <FRDOCBP>2024-14869</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>NASA</EAR>
            <HD>National Aeronautics and Space Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Aerospace Safety Advisory Panel, </SJDOC>
                    <PGS>56778</PGS>
                    <FRDOCBP>2024-15062</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>56758-56759</PGS>
                    <FRDOCBP>2024-15108</FRDOCBP>
                      
                    <FRDOCBP>2024-15112</FRDOCBP>
                      
                    <FRDOCBP>2024-15132</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Oceanic</EAR>
            <HD>National Oceanic and Atmospheric Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Charter Amendments, Establishments, Renewals and Terminations:</SJ>
                <SJDENT>
                    <SJDOC>Lake Erie National Marine Sanctuary Advisory Council; Request for Membership Application, </SJDOC>
                    <PGS>56736-56738</PGS>
                    <FRDOCBP>2024-14569</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Gulf of Mexico Fishery Management Council, </SJDOC>
                    <PGS>56738-56739</PGS>
                    <FRDOCBP>2024-15178</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Pacific Fishery Management Council, </SJDOC>
                    <PGS>56738</PGS>
                    <FRDOCBP>2024-15179</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>OPPE</EAR>
            <HD>Office of Partnerships and Public Engagement</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Advisory Committee on Minority Farmers, </SJDOC>
                    <PGS>56727-56728</PGS>
                    <FRDOCBP>2024-15069</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Patent</EAR>
            <HD>Patent and Trademark Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Trademark Petitions, </SJDOC>
                    <PGS>56739-56741</PGS>
                    <FRDOCBP>2024-15123</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal Regulatory</EAR>
            <HD>Postal Regulatory Commission</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Service Performance Measurement Systems for Market Dominant Products, </DOC>
                    <PGS>56679</PGS>
                    <FRDOCBP>2024-14978</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>New Postal Products, </DOC>
                    <PGS>56778-56779</PGS>
                    <FRDOCBP>2024-15071</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal Service</EAR>
            <HD>Postal Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Product Change:</SJ>
                <SJDENT>
                    <SJDOC>Priority Mail and USPS Ground Advantage Negotiated Service Agreement, </SJDOC>
                    <PGS>56779-56783</PGS>
                    <FRDOCBP>2024-15153</FRDOCBP>
                      
                    <FRDOCBP>2024-15165</FRDOCBP>
                      
                    <FRDOCBP>2024-15166</FRDOCBP>
                      
                    <FRDOCBP>2024-15167</FRDOCBP>
                      
                    <FRDOCBP>2024-15168</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, </SJDOC>
                    <PGS>56779-56784</PGS>
                    <FRDOCBP>2024-15141</FRDOCBP>
                      
                    <FRDOCBP>2024-15142</FRDOCBP>
                      
                    <FRDOCBP>2024-15143</FRDOCBP>
                      
                    <FRDOCBP>2024-15144</FRDOCBP>
                      
                    <FRDOCBP>2024-15145</FRDOCBP>
                      
                    <FRDOCBP>2024-15146</FRDOCBP>
                      
                    <FRDOCBP>2024-15147</FRDOCBP>
                      
                    <FRDOCBP>2024-15148</FRDOCBP>
                      
                    <FRDOCBP>2024-15149</FRDOCBP>
                      
                    <FRDOCBP>2024-15150</FRDOCBP>
                      
                    <FRDOCBP>2024-15151</FRDOCBP>
                      
                    <FRDOCBP>2024-15154</FRDOCBP>
                      
                    <FRDOCBP>2024-15155</FRDOCBP>
                      
                    <FRDOCBP>2024-15156</FRDOCBP>
                      
                    <FRDOCBP>2024-15157</FRDOCBP>
                      
                    <FRDOCBP>2024-15158</FRDOCBP>
                      
                    <FRDOCBP>2024-15159</FRDOCBP>
                      
                    <FRDOCBP>2024-15160</FRDOCBP>
                      
                    <FRDOCBP>2024-15161</FRDOCBP>
                      
                    <FRDOCBP>2024-15162</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Securities</EAR>
            <HD>Securities and Exchange Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Application:</SJ>
                <SJDENT>
                    <SJDOC>Saba Capital Income amd Opportunities Fund II and Saba Capital Management, LP, </SJDOC>
                    <PGS>56784</PGS>
                    <FRDOCBP>2024-15135</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>State Department</EAR>
            <HD>State Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Border Crossing Survey—U.S. Embassy Jerusalem Reporting Form, </SJDOC>
                    <PGS>56785</PGS>
                    <FRDOCBP>2024-15068</FRDOCBP>
                </SJDENT>
                <SJ>Culturally Significant Objects Imported for Exhibition:</SJ>
                <SJDENT>
                    <SJDOC>Tamara de Lempicka, </SJDOC>
                    <PGS>56784-56785</PGS>
                    <FRDOCBP>2024-15064</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Biodiversity Beyond National Jurisdiction, </SJDOC>
                    <PGS>56785-56786</PGS>
                    <FRDOCBP>2024-15140</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Sanctions Action, </DOC>
                    <PGS>56786-56787</PGS>
                    <FRDOCBP>2024-15105</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Codex</EAR>
            <HD>The U.S. Codex Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Codex Alimentarius Commission, Committee on Food Import and Export Inspection and Certification Systems, </SJDOC>
                    <PGS>56719-56720</PGS>
                    <FRDOCBP>2024-15096</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Transportation Department</EAR>
            <HD>Transportation Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Aviation Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Motor Carrier Safety Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Railroad Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Transit Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Transportation Statistics Bureau</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Transportation Statistics</EAR>
            <HD>Transportation Statistics Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Report of Financial and Operating Statistics for Large Certificated Air Carriers, </SJDOC>
                    <PGS>56808-56809</PGS>
                    <FRDOCBP>2024-15035</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Treasury</EAR>
            <HD>Treasury Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Comptroller of the Currency</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Advisory Committee on Risk-Sharing Mechanisms, </SJDOC>
                    <PGS>56811-56812</PGS>
                    <FRDOCBP>2024-15083</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>U.S. Citizenship</EAR>
            <HD>U.S. Citizenship and Immigration Services</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Temporary Protected Status:</SJ>
                <SJDENT>
                    <SJDOC>Extension and Redesignation of Yemen, </SJDOC>
                    <PGS>56765-56773</PGS>
                    <FRDOCBP>2024-15084</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Immigration</EAR>
            <HD>U.S. Immigration and Customs Enforcement</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Employment Authorization:</SJ>
                <SJDENT>
                    <SJDOC>Yemeni F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Yemen, </SJDOC>
                    <PGS>56759-56765</PGS>
                    <FRDOCBP>2024-15082</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Veteran Affairs</EAR>
            <HD>Veterans Affairs Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Request for Information:</SJ>
                <SJDENT>
                    <SJDOC>Clinical Perfusionists Standard of Practice, </SJDOC>
                    <PGS>56815-56818</PGS>
                    <FRDOCBP>2024-15110</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Diagnostic Radiologic Technologist Standard of Practice, </SJDOC>
                    <PGS>56818-56820</PGS>
                    <FRDOCBP>2024-15111</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Registered Radiologist Assistant Standard of Practice, </SJDOC>
                    <PGS>56812-56815</PGS>
                    <FRDOCBP>2024-15109</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AIDS>
            <PRTPAGE P="vi"/>
            <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>132</NO>
    <DATE>Wednesday, July 10, 2024</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <RULES>
        <RULE>
            <PREAMB>
                <PRTPAGE P="56659"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-1697; Project Identifier AD-2024-00252-T; Amendment 39-22776; AD 2024-13-02]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; The Boeing Company Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes and Model 737-700, -800, and -900ER series airplanes. This AD was prompted by multiple reports of passenger service unit (PSU) oxygen generators shifting out of position within their associated PSU assemblies because of a retention failure. This AD requires a general visual inspection of the PSU oxygen generator installation to determine the configuration of the thermal pads of the retention straps and applicable on-condition actions. This AD also prohibits the installation of affected parts. 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 25, 2024.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 25, 2024.</P>
                    <P>The FAA must receive comments on this AD by August 26, 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-2024-1697; 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 street address for Docket Operations is listed above.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For Boeing material, contact Boeing Commercial Airplanes, Attention: Contractual &amp; Data Services (C&amp;DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website 
                        <E T="03">myboeingfleet.com</E>
                        .
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St. Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-1697.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Nicole Tsang, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3959; email: 
                        <E T="03">Nicole.S.Tsang@faa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>
                    The FAA invites you to send any written 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-2024-1697 and Project Identifier AD-2024-00252-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 
                    <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 Nicole Tsang, Aviation Safety Engineer, FAA, 2200 South 216th St. Des Moines, WA 98198; phone: 206-231-3959; email: 
                    <E T="03">Nicole.S.Tsang@faa.gov.</E>
                     Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA has received multiple reports of PSU oxygen generators shifting out of position within their associated PSU assemblies because of a retention failure. Boeing has investigated the condition and found that the oxygen generator retention failures were caused by a failure of the pressure-sensitive adhesive (PSA) material on certain generator strap thermal pads. The oxygen generator is secured to the PSU assembly by two retention straps, with either PSA or non-PSA thermal pads. For all reported failures, the PSA thermal pad configurations were under the retention straps. This condition, if not addressed, could result in shifted PSU oxygen generators that might become non-functional, which could result in an 
                    <PRTPAGE P="56660"/>
                    inability to provide supplemental oxygen to passengers during a depressurization event. The FAA is issuing this AD to address the unsafe condition on these products.
                </P>
                <HD SOURCE="HD1">FAA's Determination</HD>
                <P>The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.</P>
                <HD SOURCE="HD1">Related Material Under 1 CFR Part 51</HD>
                <P>The FAA reviewed Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 2024; and Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated June 17, 2024. This material specifies procedures for a general visual inspection of the PSU oxygen generator installation to determine the configuration of the thermal pads of the retention straps and applicable on-condition actions for Group 1 and Group 2 airplanes as identified in this material. On-condition actions include doing a general visual inspection of the affected PSU oxygen generator to identify any installation migration and expended oxygen, as applicable; replacing affected PSU oxygen generators with new or serviceable PSU oxygen generators; replacing PSA retention strap thermal pads with non-PSA retention strap thermal pads; repositioning affected PSU oxygen generators; and making sure affected PSU oxygen generator installation migration is not found and oxygen has not been expended. These documents are distinct since they apply to different airplane models.</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 
                    <E T="02">ADDRESSES</E>
                    .
                </P>
                <HD SOURCE="HD1">AD Requirements</HD>
                <P>This AD requires accomplishing the actions identified in Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 2024; or Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated June 17, 2024, already described, except for any differences identified as exceptions in the regulatory text of this AD. This AD also prohibits the installation of affected parts for all airplanes identified in paragraph (c) of this AD.</P>
                <P>
                    For information on the procedures and compliance times, see this material at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2024-1697.
                </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>An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies forgoing notice and comment prior to adoption of this rule because PSU oxygen generators might shift out of position within the PSU assembly because of a retention failure and become non-functional, which could result in an inability to provide supplemental oxygen to passengers during a depressurization event. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).</P>
                <P>The compliance time in this AD is shorter than the time necessary for the public to comment and for publication of the final rule. In addition, 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, for the same reasons the FAA found good cause to forgo notice and comment.</P>
                <HD SOURCE="HD1">Regulatory Flexibility Act</HD>
                <P>The requirements of the Regulatory Flexibility Act (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>The FAA estimates that this AD affects 2,612 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,r50,10C,10C,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">Inspection to determine thermal pad configuration of the PSU oxygen generator</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>$0</ENT>
                        <ENT>$85</ENT>
                        <ENT>$222,020</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 inspection. The FAA has no way of determining the number of aircraft that might need these on-condition actions.</P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,r50,xs60,xs60">
                    <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">Inspection to identify any expended oxygen and installation migration, as applicable</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>$0</ENT>
                        <ENT>$85</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Replacement of PSU oxygen generator</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>Up to $1,374</ENT>
                        <ENT>Up to $1,459.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Replacement of PSA retention strap thermal pad (each PSU oxygen generator has 2 pads)</ENT>
                        <ENT>1 work-hour × $85 per hour = $85, per pad</ENT>
                        <ENT>$68, per pad</ENT>
                        <ENT>$153, per pad.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Repositioning of PSU oxygen generator</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>$0</ENT>
                        <ENT>$85</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="56661"/>
                        <ENT I="01">Making sure PSU oxygen generator installation migration is not found and oxygen is not expended</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>$0</ENT>
                        <ENT>$85</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, 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>
                    <SECTION>
                        <SECTNO>§ 39.13</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                </REGTEXT>
                  
                <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">2024-13-02 The Boeing Company:</E>
                             Amendment 39-22776; Docket No. FAA-2024-1697; Project Identifier AD-2024-00252-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective July 25, 2024.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to all The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes and Model 737-700, -800, and -900ER series airplanes, certificated in any category.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 35, Oxygen.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by multiple reports of passenger service unit (PSU) oxygen generators shifting out of position within their associated PSU assemblies because of a retention failure. The FAA is issuing this AD to address PSU oxygen generators that might shift out of position within the PSU assembly and become non-functional. The unsafe condition, if not addressed, could result in an inability to provide supplemental oxygen to passengers during a depressurization event.</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 Model 737-8, 737-9, and 737-8200 airplanes as identified in Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 2024: Except as specified by paragraph (h) of this AD, at the applicable times specified in the “Compliance” paragraph of Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 2024, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 2024.</P>
                        <P>
                            <E T="04">Note 1 to paragraph (g)(1):</E>
                             Guidance for accomplishing the actions required by this AD can be found in Boeing Special Attention Service Bulletin 737-35-1210, dated June 17, 2024, which is referred to in Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 2024.
                        </P>
                        <P>(2) For Model 737-700, -800, and -900ER series airplanes as identified in Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated June 17, 2024: Except as specified by paragraph (h) of this AD, at the applicable times specified in the “Compliance” paragraph of Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated June 17, 2024, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated June 17, 2024.</P>
                        <P>
                            <E T="04">Note 2 to paragraph (g)(2):</E>
                             Guidance for accomplishing the actions required by this AD can be found in Boeing Special Attention Service Bulletin 737-35-1211, dated June 17, 2024, which is referred to in Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated June 17, 2024.
                        </P>
                        <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 Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 2024, refer to the original issue date of Requirements Bulletin 737-35-1210 RB, this AD requires using the effective date of this AD.</P>
                        <P>(2) Where the Compliance Time columns of the tables in the “Compliance” paragraph of Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated June 17, 2024, refer to the original issue date of Requirements Bulletin 737-35-1211 RB, this AD requires using the effective date of this AD.</P>
                        <HD SOURCE="HD1">(i) Parts Installation Prohibition</HD>
                        <P>As of the effective date of the AD, no person may install a pressure-sensitive adhesive (PSA) thermal pad, part number 53010 or 73667, under the PSU oxygen generator retention strap, on any airplane.</P>
                        <HD SOURCE="HD1">(j) Alternative Methods of Compliance (AMOCs)</HD>
                        <P>
                            (1) The Manager, AIR-520, Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or 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 (k)(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.
                            <PRTPAGE P="56662"/>
                        </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">(k) Related Information</HD>
                        <P>
                            (1) For more information about this AD, contact Nicole Tsang, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3959; email: 
                            <E T="03">Nicole.S.Tsang@faa.gov.</E>
                        </P>
                        <P>(2) Boeing material identified in this AD that is not incorporated by reference is available at the address specified in paragraph (l)(3) of this AD.</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 material as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                        <P>(i) Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 2024.</P>
                        <P>(ii) Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated June 17, 2024.</P>
                        <P>
                            (3) For Boeing material, contact Boeing Commercial Airplanes, Attention: Contractual &amp; Data Services (C&amp;DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website 
                            <E T="03">myboeingfleet.com</E>
                            .
                        </P>
                        <P>(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on June 20, 2024.</DATED>
                    <NAME>Suzanne Masterson,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15229 Filed 7-8-24; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <CFR>21 CFR Part 14</CFR>
                <DEPDOC>[Docket No. FDA-2024-N-3008]</DEPDOC>
                <SUBJECT>Advisory Committee; Allergenic Products Advisory Committee; Termination; Removal From List of Standing Committees</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA or Agency) is announcing the termination of the Allergenic Products Advisory Committee, Center for Biologics Evaluation and Research. This document announces the reasons for termination and removes the Allergenic Products Advisory Committee from the Agency's list of standing advisory committees.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective July 10, 2024.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Prabhakara Atreya, Division of Scientific Advisors and Consultants, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Silver Spring, MD 20993-0002, 240-506-4946, 
                        <E T="03">Prabhakara.Atreya@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Allergenic Products Advisory Committee (the Committee) was established on July 9, 1984 (49 FR 30688). The Committee advises the Commissioner of Food and Drugs (Commissioner) or designee in discharging responsibilities as they relate to helping to ensure safe and effective drugs for human use and as required, any other product for which FDA has regulatory responsibility.</P>
                <P>The Committee reviews and evaluates data concerning the safety, effectiveness, and adequacy of labeling of marketed and investigational allergenic biological products or materials that are administered to humans for the diagnosis, prevention, or treatment of allergies and allergic disease, and makes appropriate recommendations to the Commissioner of its findings regarding the affirmation or revocation of biological product licenses, on the safety, effectiveness, and labeling of the products, on clinical and laboratory studies of such products, on amendments or revisions to regulations governing the manufacture, testing, and licensing of allergenic biological products, and on the quality and relevance of FDA's research programs that provide the scientific support for regulating these agents.</P>
                <P>Over the past several years, the Committee has met infrequently. As such, the effort and expense of maintaining the Committee can no longer be justified. The Committee will be terminated on July 9, 2024. The responsibilities of this Committee will be integrated into the Vaccines and Related Biological Products Advisory Committee (VRBPAC) charter ensuring that FDA has a mechanism to seek independent expert input on allergenic biological products. Specifically, the VRBPAC charter will be revised such that VRBPAC will be available to provide advice and recommendations to the Commissioner on allergenic biological products or materials for humans for the diagnosis, prevention, or treatment of allergies and allergic disease, as appropriate.</P>
                <P>Under 5 U.S.C. 553(b)(3)(B) and (d) and 21 CFR 10.40(d) and (e), the Agency finds good cause to dispense with notice and public comment procedures and to proceed to an immediate effective date on this rule.</P>
                <P>Notice and public comment and a delayed effective date are unnecessary because the Committee is not being adequately used, and termination of the committee is effective on July 9, 2024, in accordance with 21 CFR 14.55. This final rule merely removes the name of the Allergenic Products Advisory Committee from the list of standing advisory committees in § 14.100 (21 CFR 14.100).</P>
                <P>Therefore, the Agency is amending § 14.100(b) as set forth in the regulatory text of the document.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 21 CFR Part 14</HD>
                    <P>Administrative practice and procedure, Advisory committees, Color additives, Drugs, Radiation protection.</P>
                </LSTSUB>
                <P>Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 14 is amended as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 14—PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE</HD>
                </PART>
                <REGTEXT TITLE="21" PART="14">
                    <AMDPAR>1. The authority citation for part 14 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>
                             5 U.S.C. 1001 
                            <E T="03">et seq.;</E>
                             15 U.S.C. 1451-1461; 21 U.S.C. 41-50, 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 U.S.C. 201, 262, 263b, 264, 284m, 284m-1; Pub. L. 107-109, 115 Stat. 1419.
                        </P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <PRTPAGE P="56663"/>
                    <SECTNO>§ 14.100</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="21" PART="14">
                    <AMDPAR>2. Amend § 14.100 by removing paragraph (b)(1) and redesignating paragraphs (b)(2) through (4) as paragraphs (b)(1) through (3).</AMDPAR>
                </REGTEXT>
                <SIG>
                    <DATED>Dated: July 5, 2024.</DATED>
                    <NAME>Lauren K. Roth,</NAME>
                    <TITLE>Associate Commissioner for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15136 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-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-2024-0601]</DEPDOC>
                <RIN>RIN 1625-AA00</RIN>
                <SUBJECT>Safety Zone; Petit Fleur Events Wedding Fireworks, Lake St. Clair; Grosse Pointe Farms, MI</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard is establishing a temporary safety zone for navigable waters on Lake St. Clair, Grosse Pointe Farms, MI. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with fireworks displays created by Petit Fleur Events. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Detroit, or his designated representative.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective from 10 p.m. through 11 p.m. July 27, 2024.</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-2024-0601 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions on this rule, call or email Tracy Girard, Waterways Department, Sector Detroit, Coast Guard; telephone (313) 568-9564, email 
                        <E T="03">Tracy.M.Girard@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 under authority in 5 U.S.C. 553(b)(B). This statutory 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.” The Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the event sponsor notified the Coast Guard with insufficient time to publish an NPRM and immediate action is necessary to protect personnel, vessels, and the marine environment on Lake St. Clair. It is impracticable and contrary to the public interest to publish a NPRM because we must establish this safety zone by July 27, 2024.</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>
                    . For the same reasons discussed in the preceding paragraph, delaying the effective date of this rule would be impracticable because immediate action is needed to respond to the potential safety hazards associated with a fireworks display.
                </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 (previously 33 U.S.C. 1231). The Captain of the Port Detroit (COTP) has determined that potential hazards associated with fireworks displays will be a safety concern for anyone within a 200-yard radius of the launch site. The likely combination of recreational vessels, darkness punctuated by bright flashes of light, and fireworks debris falling into the water presents risks of collisions which could result in serious injuries or fatalities. This rule is necessary to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the fireworks display.</P>
                <HD SOURCE="HD1">IV. Discussion of the Rule</HD>
                <P>This rule establishes a safety zone from 10 p.m. through 11 p.m. on July 27, 2024. The safety zone will encompass all U.S. navigable waters of Lake St. Clair within a 200-yard radius of the fireworks launch site located 42°23.1′ N, 082°53.71′ W in Grosse Pointe Farms, MI. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the fireworks display. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Detroit or his designated representative. The Captain of the Port Detroit or his designated representative may be contacted via VHF Channel 16.</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. 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. Vessel traffic will be able to safely transit around this safety zone which would impact a small, designated area of Lake St. Clair for approximately one hour during the evening when vessel traffic is normally low. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about the zone, and the rule would allow vessels to seek 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 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.
                    <PRTPAGE P="56664"/>
                </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 call or email 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>
                    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, Rev. 1, associated implementing instructions, 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 individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting only 1 hour that will prohibit entry within 200-yard radius of where the fireworks display will be conducted. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the 
                    <E T="02">ADDRESSES</E>
                     section of this preamble.
                </P>
                <HD SOURCE="HD2">G. Protest Activities</HD>
                <P>
                    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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 record keeping 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; 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.T09-0601 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 165.T09-0601</SECTNO>
                        <SUBJECT>Petit Fleur Events Wedding Fireworks, Lake St. Clair, Grosse Pointe Farms, MI.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Location.</E>
                             The following area is a temporary safety zone: all U.S. navigable waters of Lake St. Clair within a within a 200-yard radius of the fireworks launch site located at the Grosse Isle War Memorial at position 42°23.1′ N, 082°53.71′ W. All geographic coordinates are North American Datum of 1983 (NAD 83).
                        </P>
                        <P>
                            (b) 
                            <E T="03">Enforcement period.</E>
                             This regulation will be enforced from 10 p.m. through 11 p.m. on July 27, 2024. The Captain of the Port Detroit, or a designated representative may suspend enforcement of the safety zone at any time.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Definitions.</E>
                             As used in this section, 
                            <E T="03">designated representative</E>
                             means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Detroit (COTP) in the enforcement of the safety zone.
                        </P>
                        <P>
                            (d) 
                            <E T="03">Regulations.</E>
                             (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Detroit or his designated representative.
                        </P>
                        <P>(2) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Detroit or his designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Detroit or his designated representative. The COTP Detroit or his designated representative may be contacted via VHF Channel 16.</P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <DATED>Dated: July 3, 2024.</DATED>
                    <NAME>Richard P. Armstrong,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Captain of the Port Detroit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15120 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <PRTPAGE P="56665"/>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <CFR>33 CFR Part 165</CFR>
                <DEPDOC>[Docket Number USCG-2024-0112]</DEPDOC>
                <RIN>RIN 1625-AA00</RIN>
                <SUBJECT>Safety Zone; Missouri River, Mile Marker 27-366</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, Department of Homeland Security (DHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard is establishing a temporary safety zone on the waters of the Missouri River from mile markers 27 to 366. The safety zone is to protect personnel, vessels, and the marine environment from potential hazards created by high water levels and levee conditions. Entry of vessels or persons into the zone is prohibited unless specifically authorized by the Captain of the Port, Sector Upper Mississippi River or a designated representative.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective without actual notice on July 10, 2024. For the purposes of enforcement, actual notice will be used from July 5, 2024, until July 10, 2024.</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-2024-0112 in the search box and click “Search.” Next, in the Document Type column, select “Supporting &amp; Related Material.”
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions on this rule, call or email Lieutenant Commander Richard Cherkauer, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314-269-2560, email 
                        <E T="03">Richard.G.Cherkauer@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 under authority in 5 U.S.C. 553(b)(B). This statutory 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.” Good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule, as doing so would be impracticable. This is because we must establish this safety zone immediately, and therefore lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule.</P>
                <P>
                    Also, 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 this rule would be contrary to the public interest because immediate action is needed to respond to the potential hazards created by high water levels and levee conditions on the Missouri River.
                </P>
                <HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD>
                <P>The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper Mississippi River (COTP) has determined a safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created by high water levels and levee conditions on the Missouri River. This rule resulted from concerns about impacts to the levees along the Missouri River during this period of high-water levels.</P>
                <HD SOURCE="HD1">IV. Discussion of the Rule</HD>
                <P>This rule establishes a temporary safety zone on the waters of the Missouri River from mile markers 27 to 366. The duration of this safety zone is intended to protect personnel, vessels, and the marine environment from potential hazards created by high water levels and levee conditions on the Missouri River. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of USCG Sector Upper Mississippi River. The COTP or a designated representative will inform the public of the enforcement date and times for these safety zones, as well as any emergent safety concerns that may delay the enforcement of the zone.</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 section 3(f) of 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 size, location, and duration of the temporary safety zones. This action involves a safety zone to protect personnel, vessels, and the marine environment from potential hazards created by high water levels and levee conditions on the Missouri River. This rule resulted from concerns about impacts to the levees along the Missouri River from MM 27 to 366. Moreover, the Coast Guard will publish a Local Notice to Mariners and mariners may seek 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 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 call or email the 
                    <PRTPAGE P="56666"/>
                    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.</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, Rev. 1, associated implementing instructions, 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 individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone on the Missouri River from MM 27 to 366. It is categorically excluded from further review under paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.</P>
                <HD SOURCE="HD2">G. Protest Activities</HD>
                <P>
                    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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.T08-0112 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 165.T08-0112</SECTNO>
                        <SUBJECT>Safety Zone; Missouri River, Mile Markers 27 to 366.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Location.</E>
                             The following area is a safety zone: all navigable waters within the Missouri River from Mile Marker 27 to 366.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Enforcement period.</E>
                             This section will be subject to enforcement from July 5, 2024, to July 10, 2024.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Regulations.</E>
                             (1) In accordance with the general safety zone regulations in § 165.23, entry of persons or vessels into the safety zone described in paragraph (a) of this section is prohibited unless authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of USCG Sector Upper Mississippi River.
                        </P>
                        <P>(2) To seek permission to enter, contact the COTP or a designated representative via VHF-FM channel 16, or through USCG Sector Upper Mississippi River at 314-269-2332. Persons and vessels permitted to enter the safety zone must comply with all lawful orders or directions issued by the COTP or designated representative.</P>
                        <P>
                            (d) 
                            <E T="03">Informational broadcasts.</E>
                             The COTP or a designated representative will inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement, as well as reductions in size or scope of the safety zone, through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety Marine Information Broadcast (SMIB) as appropriate.
                        </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <DATED>Dated: July 5, 2024.</DATED>
                    <NAME>A.R. Bender,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Captain of the Port, Sector Upper Mississippi River.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15184 Filed 7-5-24; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R03-OAR-2024-0302; FRL-12064-03-R3]</DEPDOC>
                <SUBJECT>Air Plan Approval; Pennsylvania; Interim Final Determination To Stay and Defer Sanctions Related to Reasonably Available Control Technology Requirements for Keystone, Conemaugh, Homer City and Montour Generating Facilities for the 1997 and 2008 Ozone National Ambient Air Quality Standards</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Interim final determination.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Environmental Protection Agency (EPA) is making an interim final determination (IFD) that Pennsylvania has submitted revisions to the SIP that satisfy the requirements under the Clean Air Act (CAA) to implement RACT for these EGUs for the 1997 and 2008 ozone NAAQS. The effect of this IFD is to stay emission offset sanctions and defer the imposition of highway funding sanctions triggered by an August 2022 EPA partial disapproval of a prior 
                        <PRTPAGE P="56667"/>
                        Pennsylvania SIP addressing RACT for these EGUs. Proposed elsewhere in this issue of the 
                        <E T="04">Federal Register</E>
                        , EPA is proposing approval of a revision to Pennsylvania's State implementation plan (SIP), as submitted April 10, 2024, to address reasonably available control technology (RACT) nitrogen oxides (NO
                        <E T="52">X</E>
                        ) emission limits and requirements for the coal-fired electric generating units (EGUs) equipped with selective catalytic reduction (SCR) at the Keystone, Conemaugh, Homer City, and Montour facilities for the 1997 and 2008 ozone national ambient air quality standards (NAAQS).
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This interim final determination is effective on July 10, 2024. However, comments will be accepted until August 9, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit your comments, identified by Docket ID No. EPA-R03-OAR-2024-0302 at 
                        <E T="03">www.regulations.gov,</E>
                         or via email to 
                        <E T="03">goold.megan@epa.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>
                        . For either manner of submission, 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. 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">www.epa.gov/dockets/commenting-epa-dockets.</E>
                         EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2024-0302. All documents in the docket are listed on the 
                        <E T="03">www.regulations.gov</E>
                         website. Although listed in the index, some information is not publicly available, 
                        <E T="03">e.g.,</E>
                         confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through 
                        <E T="03">www.regulations.gov</E>
                        , or please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section for additional availability information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Sean Silverman, Planning &amp; Implementation Branch (3AD30), Air &amp; Radiation Division, U.S. Environmental Protection Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-5511. Mr. Silverman can also be reached via electronic mail at 
                        <E T="03">silverman.sean@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    On August 16, 2022, EPA took final action to disapprove portions of a Pennsylvania SIP revision submitted May 16, 2016 that, among other things, established NO
                    <E T="52">X</E>
                     emission limitations for the coal-fired EGUs equipped with SCR at the Keystone, Conemaugh, Homer City, and Montour facilities, to satisfy RACT obligations for the 1997 and 2008 ozone NAAQS. 87 FR 50257. EPA's August 16, 2022 final disapproval started a sanctions clock under CAA section 179 and 40 CFR 52.31. The two-to-one new source emissions offset sanction took effect on March 15, 2024 (18 months following the September 15, 2022 effective date of the August 16, 2022 disapproval), while highway funding sanctions will take effect September 15, 2024 unless the state submits, and EPA approves, SIP revisions that correct the deficiencies identified in the August 16, 2022 disapproval action.
                </P>
                <P>
                    On August 31, 2022, EPA issued a Federal implementation plan (FIP) addressing these same RACT obligations. 87 FR 53381. On May 2, 2024, the Third Circuit issued a decision upholding the RACT limits and other requirements in EPA's August 31, 2022 FIP. 
                    <E T="03">Keystone-Conemaugh Projects LLC</E>
                     v. 
                    <E T="03">EPA, et al.,</E>
                     No. 22-3026. The court decided and resolved all issues raised by the Petitioners in EPA's favor.
                </P>
                <P>
                    On April 10, 2024, PADEP submitted two SIP revisions which adopt the NO
                    <E T="52">X</E>
                     limits and other requirements in EPA's final August 31, 2022 FIP for Keystone, Conemaugh, Homer City, and Montour. Proposed elsewhere in this issue of the 
                    <E T="04">Federal Register</E>
                    , EPA has proposed to approve Pennsylvania's April 10, 2024 SIP revisions. There, EPA proposes to find that the incorporation of title V permits containing the FIP requirements into Pennsylvania's SIP addresses the deficiencies identified in EPA's August 16, 2022 partial disapproval, which started the sanctions clock for offset and highway sanctions in Pennsylvania.
                </P>
                <HD SOURCE="HD1">II. What action is EPA taking?</HD>
                <P>We are making an interim final determination to stay the application of the offset sanction and defer the application of the highway sanction associated with our August 16, 2022 disapproval of certain RACT requirements for the 1997 and 2008 ozone NAAQS for Pennsylvania. This determination is based on our concurrent proposal to approve the Pennsylvania SIP revisions regarding RACT limits for the 1997 and 2008 Ozone NAAQS for Keystone, Conemaugh, Homer City, and Montour generating facilities, which resolve the deficiencies that triggered sanctions under section 179 of the CAA.</P>
                <P>Because EPA has preliminarily determined that the submission of the Pennsylvania RACT SIP revisions address the deficiencies identified in the August 16, 2022 disapproval action and is likely approvable, relief from sanctions should be provided as quickly as possible. Therefore, EPA is invoking the good cause exception under the Administrative Procedure Act (APA) in not providing an opportunity for comment before this action takes effect (5 U.S.C. 553(b)(B)). However, by this action, EPA is providing the public with an opportunity to comment on the EPA's determination after the effective date, and EPA will consider any comments received in determining whether to reverse the interim final determination.</P>
                <P>
                    Section 553(b)(B) of the APA provides that the notice and opportunity for comment requirements do not apply when the Agency finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” In this instance, EPA believes it would be both impracticable and contrary to the public interest to have to propose and provide an opportunity to comment before any relief is provided from the effect of sanctions. EPA has reviewed Pennsylvania's SIP submissions addressing the August 16, 2022 disapproval and, through its proposed action, is indicating that it is more likely than not that the SIP submissions correct the deficiency that was the basis for the disapproval action that started the sanctions clock. Therefore, it is not in the public interest to apply sanctions. EPA believes that it is necessary to use the interim final rulemaking process to stay the application of the offset sanction and defer the application of the highway 
                    <PRTPAGE P="56668"/>
                    funding sanction while we complete our rulemaking process on the approvability of Pennsylvania's SIP revision intended to address the RACT requirements for the EGUs at the four sources for the 1997 and 2008 ozone NAAQS.
                </P>
                <P>
                    Consistent with 5 U.S.C. 553(d)(1) of the APA, EPA finds there is good cause for this action to become effective immediately upon publication. Section 553(d)(1) of the APA provides that final rules shall not become effective until 30 days after publication in the 
                    <E T="04">Federal Register</E>
                     “except . . . a substantive rule which grants or recognizes an exemption or relieves a restriction.” The purpose of this provision is to “give affected parties a reasonable time to adjust their behavior before the final rule takes effect.” 
                    <E T="03">Omnipoint Corp.</E>
                     v. 
                    <E T="03">Fed. Commc'n Comm'n,</E>
                     78 F.3d 620, 630 (D.C. Cir. 1996); see also 
                    <E T="03">United States</E>
                     v. 
                    <E T="03">Gavrilovic,</E>
                     551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). However, when the agency grants or recognizes an exemption or relieves a restriction, affected parties do not need a reasonable time to adjust because the effect is not adverse. Because this action relieves a restriction, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action to become effective on the date of publication of this action.
                </P>
                <P>
                    As noted above, proposed elsewhere in this issue of the 
                    <E T="04">Federal Register</E>
                    <E T="03">,</E>
                     EPA has proposed to find that Pennsylvania's April 10, 2024 SIP revisions address the deficiencies identified by EPA in our August 16, 2022 final disapproval. In accordance with 40 CFR 52.31(d)(2)(ii), when a State has submitted a revised plan to correct the deficiency, and EPA proposes to approve the plan and issues an interim final determination that the revised plan corrects the deficiency, application of the new source emission offset sanction shall be stayed and application of the highway sanction shall be deferred. However, if issues are raised during the public comment period of the proposed plan approval which cannot be addressed and the revised plan is ultimately disapproved, the new source offset sanction shall reapply immediately and the highway sanction shall apply immediately on the date of the final disapproval if that date is more than six months after the date the offset sanctions became effective, which was March 15, 2024.
                </P>
                <HD SOURCE="HD1">III. Statutory and Executive Order Reviews</HD>
                <P>This action defers sanctions and imposes no additional requirements. For that reason, this action:</P>
                <P>• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);</P>
                <P>
                    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>
                    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
                <P>• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
                <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
                <P>• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and</P>
                <P>• 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 action 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>
                    • Is subject to the Congressional Review Act (CRA),5 U.S.C. 801 
                    <E T="03">et seq.,</E>
                     and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for this action as discussed in section II of this preamble, including the basis for that finding.
                </P>
                <P>Executive Order 12898 (59 FR 7629, February 16, 1994), directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations (people of color and/or Indigenous peoples) and low-income populations.</P>
                <P>This interim final determination does not concern human health or environmental conditions and therefore cannot be evaluated with respect to potentially disproportionate and adverse effects on people of color, low-income populations and/or Indigenous peoples. This action stays emission offset sanctions and defers the imposition of highway funding sanctions triggered by an August 2022 EPA partial disapproval of a prior Pennsylvania SIP addressing RACT for these EGUs. This action therefore does not directly address emission limits or otherwise directly affect any human health or environmental conditions in Pennsylvania. In addition, EPA is providing meaningful involvement on this rulemaking through the notice and comment process.</P>
                <P>Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 9, 2024. Filing a petition for reconsideration by the EPA Administrator of this final determination does not affect the finality of this action for the purpose of judicial review nor does it extend the time within which petition for judicial review may be filed, and shall not postpone the effectiveness of such action. This action may not be challenged later in proceedings to enforce its requirements (see CAA section 307(b)(2)).</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
                    <P>Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <SIG>
                    <NAME>Adam Ortiz,</NAME>
                    <TITLE>Regional Administrator, Region III.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15115 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <PRTPAGE P="56669"/>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 180</CFR>
                <DEPDOC>[EPA-HQ-OPP-2024-0221; FRL-12054-01-OCSPP]</DEPDOC>
                <SUBJECT>Metamitron; Pesticide Tolerance for Emergency Exemptions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This regulation establishes a time-limited tolerance for residues of metamitron in or on the raw agricultural commodity (RAC) beet, sugar, roots. This action is in response to EPA's granting of emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on the crop, sugar beets. This regulation establishes a maximum permissible level for residues of metamitron in or on the RAC beet, sugar, roots. The time-limited tolerance expires on December 31, 2027.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This regulation is effective July 10, 2024. Objections and requests for hearings must be received on or before September 9, 2024 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        ).
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2024-0221, is available at 
                        <E T="03">https://www.regulations.gov</E>
                         or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Docket Public Reading Room is (202) 566-1744. Please review the visitor instructions and additional information about the docket available at 
                        <E T="03">https://www.epa.gov/dockets.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Charles Smith, Director, Registration Division (7505T), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone number: (202) 566-1030; email address: 
                        <E T="03">RDFRNotices@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. General Information</HD>
                <HD SOURCE="HD2">A. Does this action apply to me?</HD>
                <P>You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:</P>
                <P>• Crop production (NAICS code 111).</P>
                <P>• Animal production (NAICS code 112).</P>
                <P>• Food manufacturing (NAICS code 311).</P>
                <P>• Pesticide manufacturing (NAICS code 32532).</P>
                <HD SOURCE="HD2">B. How can I get electronic access to other related information?</HD>
                <P>
                    You may access a frequently updated electronic version of 40 CFR part 180 through the Office of the Federal Register's e-CFR site at 
                    <E T="03">https://www.ecfr.gov/current/title-40.</E>
                </P>
                <HD SOURCE="HD2">C. How can I file an objection or hearing request?</HD>
                <P>Under section 408(g) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2024-0221 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before September 9, 2024. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).</P>
                <P>In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2024-0221, by one of the following methods:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E>
                     Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.
                </P>
                <P>
                    • 
                    <E T="03">Mail:</E>
                     OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
                </P>
                <P>
                    • 
                    <E T="03">Hand Delivery:</E>
                     To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at 
                    <E T="03">https://www.epa.gov/dockets/where-send-comments-epa-dockets.</E>
                </P>
                <P>
                    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>
                <HD SOURCE="HD1">II. Background and Statutory Findings</HD>
                <P>
                    EPA, on its own initiative, in accordance with FFDCA sections 408(e) and 408(l)(6) of, 21 U.S.C. 346a(e) and 346a(1)(6), is establishing a time-limited tolerance for combined residues of metamitron, (4-amino-3-methyl-6-phenyl-1,2,4-triazin-5(4
                    <E T="03">H</E>
                    )-one), including its metabolites and degradates, in or on the RAC beet, sugar, roots at 0.01 parts per million (ppm). This time-limited tolerance expires on December 31, 2027.
                </P>
                <P>
                    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18. Such tolerances can be established without providing notice or period for public comment. EPA does not intend for its actions on FIFRA section 18 related time-limited tolerances to set binding precedents for the application of FFDCA section 408 and the safety standard to other tolerances and exemptions. Section 408(e) of FFDCA allows EPA to establish a tolerance or an exemption from the requirement of a tolerance on its own initiative, 
                    <E T="03">i.e.,</E>
                     without having received any petition from an outside party.
                </P>
                <P>
                    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in 
                    <PRTPAGE P="56670"/>
                    residential settings but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue.”
                </P>
                <P>Section 18 of FIFRA authorizes EPA to exempt any Federal or State agency from any provision of FIFRA, if EPA determines that “emergency conditions exist which require such exemption.” EPA has established regulations governing such emergency exemptions in 40 CFR part 166.</P>
                <HD SOURCE="HD1">III. Emergency Exemptions for Metamitron on Sugar Beets and FFDCA Tolerances</HD>
                <P>The Colorado and Nebraska Departments of Agriculture requested emergency exemptions for use of metamitron on the crop sugar beets to control problematic weed populations of Palmar amaranth, that are not controlled by the available registered pesticides, stating that significant economic losses would be suffered without adequate control of this weed. After having reviewed the submissions, EPA determined that emergency conditions exist for Colorado and Nebraska, and that the criteria for approval of the emergency exemptions were met. EPA has authorized specific exemptions under FIFRA section 18 for the use of metamitron on sugar beets for control of Palmer amaranth in Colorado and Nebraska.</P>
                <P>As part of its evaluation of the emergency exemption applications, EPA assessed the potential risks presented by residues of metamitron in or on the RAC beet, sugar, roots. In doing so, EPA considered the safety standard in FFDCA section 408(b)(2), and EPA decided that the necessary tolerance under FFDCA section 408(l)(6) would be consistent with the safety standard and with FIFRA section 18. Consistent with the need to move quickly on the emergency exemptions in order to address an urgent non-routine situation and to ensure that the resulting food is safe and lawful, EPA is issuing this tolerance without notice and opportunity for public comment as provided in FFDCA section 408(l)(6). Although this time-limited tolerance expires on December 31, 2027, under FFDCA section 408(l)(5), residues of the pesticide not in excess of the amount specified in the tolerance remaining in or on beet, sugar, roots after that date will not be unlawful, provided the pesticide was applied in a manner that was lawful under FIFRA, and the residues do not exceed a level that was authorized by this time-limited tolerance at the time of that application. EPA will take action to revoke this time-limited tolerance earlier if any experience with, scientific data on, or other relevant information on this pesticide indicate that the residues are not safe.</P>
                <P>
                    Because this time-limited tolerance is being approved under emergency conditions, EPA has not made any decisions about whether metamitron meets FIFRA's registration requirements for use on the crop sugar beets or whether permanent tolerances for this use would be appropriate. Under these circumstances, EPA does not believe that this time-limited tolerance decision serves as a basis for registration of metamitron by a State for special local needs under FIFRA section 24(c). Nor does this tolerance by itself serve as the authority for persons in any State other than Colorado and Nebraska to use this pesticide on the applicable crops under FIFRA section 18 absent the issuance of an emergency exemption applicable within that State. For additional information regarding the emergency exemptions for metamitron, contact the Agency's Registration Division at the address provided under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    .
                </P>
                <HD SOURCE="HD1">IV. Aggregate Risk Assessment and Determination of Safety</HD>
                <P>Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .”</P>
                <P>Consistent with the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure expected as a result of the emergency exemption requests and the time-limited tolerance for residues of metamitron in or on the RAC beet, sugar, roots at 0.01 ppm. EPA's assessment of exposures and risks associated with establishing the time-limited tolerance follows.</P>
                <HD SOURCE="HD2">A. Toxicological Points of Departure/Levels of Concern</HD>
                <P>
                    Once a pesticide's toxicological profile is determined, EPA identifies toxicological points of departure (POD) and levels of concern to use in evaluating the risk posed by human exposure to the pesticide. For hazards that have a threshold below which there is no appreciable risk, the toxicological POD is used as the basis for derivation of reference values for risk assessment. PODs are developed based on a careful analysis of the doses in each toxicological study to determine the dose at which no adverse effects are observed (the NOAEL) and the lowest dose at which adverse effects of concern are identified (the LOAEL). Uncertainty/safety factors are used in conjunction with the POD to calculate a safe exposure level—generally referred to as a population-adjusted dose (PAD) or a reference dose (RfD)—and a safe margin of exposure (MOE). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see 
                    <E T="03">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides.</E>
                </P>
                <P>
                    Specific information on the studies received and the nature of the adverse effects caused by metamitron as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     in the document “Metamitron. Human Health Risk Assessment for Section 18 Emergency Exemptions for Use on Sugar Beets in Colorado and Nebraska” hereinafter referred to as “Metamitron Human Health Risk Assessment” in docket ID number EPA-HQ-OPP-2024-0221. A summary of the toxicological endpoints for metamitron used for human risk assessment can be found in this document on pages 22-24.
                    <PRTPAGE P="56671"/>
                </P>
                <HD SOURCE="HD2">B. Exposure Assessment</HD>
                <P>
                    1. 
                    <E T="03">Dietary exposure from food and feed uses.</E>
                     In evaluating dietary exposure to metamitron, EPA considered exposure under the time-limited tolerance established by this action. EPA assessed dietary exposures from metamitron in food as follows:
                </P>
                <P>
                    i. 
                    <E T="03">Acute exposure.</E>
                     Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure.
                </P>
                <P>
                    Such effects were identified for metamitron. In estimating acute dietary exposure, EPA used food consumption information from the 2005-2010 U.S. Department of Agriculture's National Health and Nutrition Examination Survey, What We Eat in America (NHANES/WWEIA). As to residue levels in food, EPA used the highest anticipated combined residue levels in sugar beet roots from field trials (for metamitron and its metabolite desamino-metamitron), a default processing factor of 1 for processing sugar beet roots into molasses and assumed 100 percent crop treated (PCT). The EPA is concerned when dietary risk exceeds 100% of the acute population adjustment dose (aPAD). The acute dietary (food and drinking water) exposure and risk estimates were not of concern for the general U.S. population and all population subgroups (
                    <E T="03">i.e.,</E>
                     all risk estimates were &lt;100% of the aPAD) at the 95th percentile. Risk estimates for both the general U.S. population and the most highly exposed population (all infants, &lt;1 year old) are ≤5.5% of the aPAD.
                </P>
                <P>
                    ii. 
                    <E T="03">Chronic exposure.</E>
                     In conducting the chronic dietary exposure assessment EPA used the food consumption data from the 2005-2010 U.S. Department of Agriculture's National Health and Nutrition Examination Survey, What We Eat in America (NHANES/WWEIA). As to residue levels in food, EPA used the highest anticipated combined residue levels from field trials (for metamitron and its metabolite desamino-metamitron), a default processing factor of 1 for molasses, and assumed 100 percent crop treated (PCT). For chronic assessments, the EPA is concerned when dietary risk exceeds 100% of the chronic population adjustment dose (cPAD). The resulting chronic (food and drinking water) risk estimates are not of concern (&lt;100% of the cPAD) for the general U.S. population and all population subgroups. Risk estimates for both the general U.S. population and the most highly exposed population subgroup (all infants, &lt;1 year old) are ≤4.0% of the cPAD.
                </P>
                <P>
                    iii. 
                    <E T="03">Cancer.</E>
                     Based on the data found in the Metamitron Human Health Risk Assessment, referenced in Unit IV.A., EPA has concluded that metamitron does not pose a cancer risk to humans. Therefore, a dietary exposure assessment for the purpose of assessing cancer risk is unnecessary.
                </P>
                <P>
                    iv. 
                    <E T="03">Anticipated residue and percent crop treated (PCT) information.</E>
                     Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and information on the anticipated residue levels of pesticide residues in food and the actual levels of pesticide residues that have been measured in food. If EPA relies on such information, EPA must require pursuant to FFDCA section 408(f)(1) that data be provided 5 years after the tolerance is established, modified, or left in effect, demonstrating that the levels in food are not above the levels anticipated. For the present action, EPA will issue such data call-ins as are required by FFDCA section 408(b)(2)(E) and authorized under FFDCA section 408(f)(1). Data will be required to be submitted no later than 5 years from the date of issuance of this tolerance.
                </P>
                <P>
                    2. 
                    <E T="03">Dietary exposure from drinking water.</E>
                     The Agency used screening level water exposure models in the dietary exposure analysis and risk assessment for metamitron in drinking water. These simulation models take into account data on the physical, chemical, and fate/transport characteristics of metamitron. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at 
                    <E T="03">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/models-pesticide-risk-assessment.</E>
                </P>
                <P>Based on the Pesticide Water Calculator (PWC) model (ver. 2.001) and updated drinking water scenarios, the estimated drinking water concentrations (EDWCs) of metamitron are 91 ppb parts per billion (ppb) for acute exposures, and 48 ppb for chronic exposures (non-cancer assessments). Both EDWCs are based upon surface water modelling, which resulted in higher EDWCs (worst case, more conservative) than those from ground water models. The modeled EDWCs were directly entered into the dietary exposure models used for estimating exposures from drinking water (91 ppb for acute exposures and 48 ppb for chronic exposures).</P>
                <P>
                    3. 
                    <E T="03">From non-dietary exposure.</E>
                     The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (
                    <E T="03">e.g.,</E>
                     for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Metamitron is not registered for any specific use patterns that would result in residential exposure.
                </P>
                <P>
                    Further information regarding EPA standard assumptions and generic inputs for residential exposures may be found at: 
                    <E T="03">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.</E>
                </P>
                <P>
                    4. 
                    <E T="03">Cumulative effects from substances with a common mechanism of toxicity.</E>
                     Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”
                </P>
                <P>
                    EPA has not found metamitron to share a common mechanism of toxicity with any other substances, and metamitron does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that metamitron does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's website at 
                    <E T="03">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.</E>
                </P>
                <HD SOURCE="HD2">C. Safety Factor for Infants and Children</HD>
                <P>
                    1. 
                    <E T="03">In general.</E>
                     Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the Food Quality Protection Act (FQPA) Safety Factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional SF when reliable data available to EPA support the choice of a different factor.
                </P>
                <P>
                    2. 
                    <E T="03">Prenatal and postnatal sensitivity.</E>
                     There is no evidence of increased susceptibility following 
                    <E T="03">in utero</E>
                     exposure to metamitron in either the rat or rabbit developmental toxicity studies up to the highest doses tested, and there is no evidence of increased quantitative susceptibility following 
                    <E T="03">in utero</E>
                     and/or pre-/post-natal exposure in the multi-
                    <PRTPAGE P="56672"/>
                    generation reproduction studies in rats. All offspring effects were observed at the same or higher dose level than maternal toxicity. Evidence of qualitative sensitivity was demonstrated in a multigeneration reproductive toxicity study, as decreased offspring survival was observed in the absence of comparable parental toxicity. However, the concern is low as the sensitivity was observed at a higher dose level than the established LOAEL/NOAEL for the parental generation, a clear NOAEL/LOAEL has been established for the offspring generation, and all selected endpoints are protective of the qualitative sensitivity.
                </P>
                <P>Reduction of the 10X FQPA SF to 1X is appropriate as the database is complete, no quantitative susceptibility was observed, the concern for qualitative sensitivity in a multigeneration reproductive toxicity study is low as it was observed at a higher dose level than the established parental NOAEL/LOAEL within the study, the current PODs are protective of the sensitivity, and clear NOAELs/LOAELs have been established across the database.</P>
                <P>
                    3. 
                    <E T="03">Conclusion.</E>
                     EPA has determined that reliable data show that the safety of infants and children would be adequately protected if the FQPA SF were reduced to 1X. That decision is based on the following findings:
                </P>
                <P>i. The toxicity database for metamitron is complete and adequate for hazard characterization, toxicity endpoint selection, and FQPA SF consideration.</P>
                <P>ii. Neurotoxicity (clinical signs and functional observational battery (FOB) findings) was observed in two non-guideline studies following an acute exposure (single dose) in both mice and rats. In a metabolism study, reduced mobility and piloerection were observed after a single oral dose, but the effects resolved within 24 hours post-dosage. No additional potentially neurotoxic effects were observed across the metamitron database, including the rat subchronic neurotoxicity study (SCN), at the doses tested. The concern for neurotoxicity is low, as all selected PODs are protective of the adverse effects identified in the non-guideline studies and the metabolism study. Therefore, there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity.</P>
                <P>
                    iii. There is no evidence that metamitron results in increased quantitative susceptibility after 
                    <E T="03">in utero</E>
                     exposure to rats or rabbits in the prenatal developmental studies. The concern for qualitative sensitivity in the multigeneration reproduction study is low as it was observed at a higher dose level than the established parental NOAEL/LOAEL within the study, the current PODs are protective of the sensitivity, and clear NOAELs/LOAELs have been established across the database.
                </P>
                <P>iv. There are no residual uncertainties identified in the exposure databases. The dietary food exposure assessments were performed based on 100% CT and anticipated residues based on crop field trials with all residues below the limit of quantitation for metamitron. The limit of detection was used, and standard processing factors applied to estimate residues in molasses. EPA made conservative (protective) assumptions in the ground and surface water modeling used to assess exposure to metamitron in drinking water. These assessments will not underestimate the exposure and risks posed by metamitron.</P>
                <HD SOURCE="HD2">D. Aggregate Risks and Determination of Safety</HD>
                <P>EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the estimated aggregate exposure. Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate PODs to ensure that an adequate MOE exists. Since there are no residential exposure scenarios, aggregate exposure and risk are equivalent to the acute and chronic dietary (food and drinking water) exposure and risk, which are not of concern.</P>
                <P>
                    1. 
                    <E T="03">Acute risk.</E>
                     Using the exposure assumptions discussed in this document for acute exposure, the acute dietary exposure from food and water to metamitron will occupy 5.5% of the aPAD for all infants, the population group receiving the greatest exposure.
                </P>
                <P>
                    2. 
                    <E T="03">Chronic risk.</E>
                     Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to metamitron from food and water will utilize 4.0% of the cPAD for all infants, the population group receiving the greatest exposure.
                </P>
                <P>
                    3. 
                    <E T="03">Short-term risk.</E>
                     Short-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Metamitron is not registered for uses that could result in short-term residential exposure. Because there is no short-term residential exposure and chronic dietary exposure has already been assessed under the appropriately protective cPAD (which is at least as protective as the POD used to assess short-term risk), no further assessment of short-term risk is necessary, and EPA relies on the chronic dietary risk assessment for evaluating short-term risk for metamitron.
                </P>
                <P>
                    4. 
                    <E T="03">Intermediate-term risk.</E>
                     Intermediate-term aggregate exposure takes into account intermediate-term non-dietary, non-occupational exposure plus chronic exposure to food and water (considered to be a background exposure level). Metamitron is not registered for any use patterns that would result in intermediate-term residential exposure. Because there is no intermediate-term residential exposure and chronic dietary exposure has already been assessed under the appropriately protective cPAD (which is at least as protective as the POD used to assess intermediate-term risk), no further assessment of intermediate-term risk is necessary, and EPA relies on the chronic dietary risk assessment for evaluating intermediate-term risk for metamitron.
                </P>
                <P>
                    5. 
                    <E T="03">Aggregate cancer risk for U.S. population.</E>
                     Based on the lack of evidence of carcinogenicity in adequate rodent carcinogenicity studies and the low concern for mutagenic potential, metamitron is not expected to pose a cancer risk to humans.
                </P>
                <P>
                    6. 
                    <E T="03">Determination of safety.</E>
                     Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children, from aggregate exposure to metamitron residues.
                </P>
                <HD SOURCE="HD1">V. Other Considerations</HD>
                <HD SOURCE="HD2">A. Analytical Enforcement Methodology</HD>
                <P>
                    Adequate enforcement methodology (high-performance liquid chromatography method with tandem mass spectrometry detection (LC/MS/MS), Method SGS-17-01-03), is available to enforce the tolerance expression. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address: 
                    <E T="03">residuemethods@epa.gov.</E>
                </P>
                <HD SOURCE="HD2">B. International Residue Limits</HD>
                <P>
                    In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food 
                    <PRTPAGE P="56673"/>
                    safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level.
                </P>
                <P>The Codex has not established a MRL for metamitron, and therefore, harmonization is not an issue at this time.</P>
                <HD SOURCE="HD1">VI. Conclusion</HD>
                <P>
                    Therefore, a time-limited tolerance is established for residues of metamitron, (4-amino-3-methyl-6-phenyl-1,2,4-triazin-5(4
                    <E T="03">H</E>
                    )-one), in or on the RAC beet, sugar, roots at 0.01 ppm. This tolerance expires on December 31, 2027.
                </P>
                <HD SOURCE="HD1">VII. Statutory and Executive Order Reviews</HD>
                <P>
                    This action establishes a tolerance under FFDCA sections 408(e) and 408(l)(6). The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 
                    <E T="03">et seq.,</E>
                     nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).
                </P>
                <P>
                    Since tolerances and exemptions that are established in accordance with FFDCA sections 408(e) and 408(l)(6), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    ) do not apply.
                </P>
                <P>
                    This action directly regulates growers, food processors, food handlers, and food retailers, not States or Tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or Tribal governments, on the relationship between the National Government and the States or Tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <P>This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).</P>
                <HD SOURCE="HD1">VIII. Congressional Review Act</HD>
                <P>
                    Pursuant to the Congressional Review Act (5 U.S.C. 801 
                    <E T="03">et seq.</E>
                    ), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the 
                    <E T="04">Federal Register</E>
                    . This action is not a “major rule” as defined by 5 U.S.C. 804(2).
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 180</HD>
                    <P>Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Dated: June 28, 2024.</DATED>
                    <NAME>Edward Messina,</NAME>
                    <TITLE>Director, Office of Pesticide Programs.</TITLE>
                </SIG>
                <P>Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD</HD>
                </PART>
                <REGTEXT TITLE="40" PART="180">
                    <AMDPAR>1. The authority citation for part 180 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 21 U.S.C. 321(q), 346a and 371.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <AMDPAR>2. Add § 180.726 to subpart C to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 180.726</SECTNO>
                        <SUBJECT>Metamitron; tolerances for residues.</SUBJECT>
                        <P>(a) [Reserved]</P>
                        <P>
                            (b) 
                            <E T="03">Section 18 emergency exemptions.</E>
                             Time-limited tolerances are established for residues of the herbicide metamitron, including its metabolites and degradates, in or on the specified agricultural commodities to table 1 to this paragraph (b), resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels specified in table 1 to this paragraph (b) is to be determined by measuring residues of metamitron (4-amino-3-methyl-6-phenyl-1,2,4-triazin-5(4
                            <E T="03">H</E>
                            )-one) in or on the listed commodities. The tolerances expire on the dates specified in table 1 to this paragraph (b).
                        </P>
                        <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s25,9C,10C">
                            <TTITLE>
                                Table 1 to Paragraph 
                                <E T="01">(b)</E>
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Commodity</CHED>
                                <CHED H="1">
                                    Parts per
                                    <LI>million</LI>
                                </CHED>
                                <CHED H="1">
                                    Expiration/
                                    <LI>revocation</LI>
                                    <LI>date</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Beet, sugar, roots</ENT>
                                <ENT>0.01</ENT>
                                <ENT>12/31/2027</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>(c)-(d) [Reserved]</P>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15067 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </RULE>
    </RULES>
    <VOL>89</VOL>
    <NO>132</NO>
    <DATE>Wednesday, July 10, 2024</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <PRORULES>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="56674"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-1883; Project Identifier AD-2023-01120-E]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; General Electric Company Engines</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking (NPRM).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA proposes to adopt a new airworthiness directive (AD) for all General Electric Company (GE) Model CF34-10E2A1, CF34-10E6, CF34-10E6A1, CF34-10E7, and CF34-10E7-B engines with certain part-numbered high-pressure turbine (HPT) shroud/low pressure turbine (LPT) nozzle assemblies installed. This proposed AD was prompted by a report of failed retention features of the inner and outer support air ducts (commonly referred to as spoolies) discovered during engine disassembly. This proposed AD would require a visual inspection of the combustion case for wear and gouges, repair if necessary, and rework of the affected HPT shroud/LPT nozzle assemblies. The FAA is proposing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The FAA must receive comments on this proposed AD by August 26, 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-2024-1883; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, 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 GE service information, contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone: (513) 552-3272; email: 
                        <E T="03">aviation.fleetsupport@ge.com;</E>
                         website: 
                        <E T="03">ge.com.</E>
                    </P>
                    <P>• You may view this service information that is incorporated by reference at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222-5110.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Alexei Marqueen, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-7178; email: 
                        <E T="03">alexei.t.marqueen@faa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>
                    The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under 
                    <E T="02">ADDRESSES</E>
                    . Include “Docket No. FAA-2024-1883; Project Identifier AD-2023-01120-E” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments.
                </P>
                <P>
                    Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 
                    <E T="03">regulations.gov,</E>
                     including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.
                </P>
                <HD SOURCE="HD1">Confidential Business Information</HD>
                <P>CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Alexei Marqueen, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198. 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>
                    The FAA received a report from the manufacturer that during disassembly, the retention features of the inner and outer support air ducts on GE Model CF34-10E series engines were found to have failed. The retention features include a retaining ring, which becomes plastically deformed during installation. Vibrations loosen the retaining ring until it disengages. With the retaining ring disengaged, the outer support air duct has no radial constraint, and releases and migrates due to gravity, impacting the inner wall of the combustion case causing case wall damage. If this damage has been repaired in the past and after the repair the support air duct liberates and causes more damage, then the remaining wall thickness is not sufficient to sustain the loading from a fan-blade-out or other extreme event. This condition, if not addressed, could result in the inner surface of the combustion case having reduced load carrying capability for fan blade out or other extreme event with possible engine separation and loss of the airplane.
                    <PRTPAGE P="56675"/>
                </P>
                <HD SOURCE="HD1">FAA's Determination</HD>
                <P>The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design.</P>
                <HD SOURCE="HD1">Related Service Information Under 1 CFR Part 51</HD>
                <P>
                    The FAA reviewed GE Service Bulletin (SB) 72-0351 R01, dated July 17, 2019, which provides instructions for a visual inspection of the combustion case for wear and gouges, repair if necessary, and rework of the affected HPT shroud/LPT nozzle assemblies. This service bulletin also introduces a new HPT shroud/LPT nozzle assembly P/N 2205M38G07 with welded retaining rings. 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">Proposed AD Requirements in This NPRM</HD>
                <P>This proposed AD requires a visual inspection of the combustion case for wear and gouges, repair if necessary, and rework of the affected HPT shroud/LPT nozzle assemblies to add a positive retention of the support air duct.</P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD, if adopted as proposed, would affect 300 engines installed on airplanes of U.S. registry.</P>
                <P>The FAA estimates the following costs to comply with this proposed AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,r50,12,12,12">
                    <TTITLE>Estimated Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">
                            Cost on U.S.
                            <LI>operators</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Visual inspection of the combustion case inner shell surface</ENT>
                        <ENT>8 work-hours × $85 per hour = $680</ENT>
                        <ENT>$0</ENT>
                        <ENT>$680</ENT>
                        <ENT>$204,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rework of the affected HPT shroud/LPT nozzle assembly</ENT>
                        <ENT>8 work-hours × $85 per hour = $680</ENT>
                        <ENT>0</ENT>
                        <ENT>680</ENT>
                        <ENT>204,000</ENT>
                    </ROW>
                </GPOTABLE>
                  
                <P>The FAA estimates the following costs to do any necessary repairs that would be required based on the results of the proposed inspection. The agency has no way of determining the number of engines that might need these repairs.</P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,r50,12,12">
                    <TTITLE>On-Condition Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Repair the combustion case</ENT>
                        <ENT>8 work-hours × $85 per hour = $680</ENT>
                        <ENT>$0</ENT>
                        <ENT>$680</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Replace the combustion case</ENT>
                        <ENT>8 work-hours × $85 per hour = $680</ENT>
                        <ENT>647,000</ENT>
                        <ENT>647,680</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify this proposed regulation:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Would not affect intrastate aviation in Alaska, and</P>
                <P>(3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Proposed Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                </AUTH>
                <SECTION>
                    <SECTNO>§ 39.13</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive:</AMDPAR>
                <EXTRACT>
                    <FP SOURCE="FP-2">
                        <E T="04">General Electric Company:</E>
                         Docket No. FAA-2024-1883; Project Identifier AD-2023-01120-E.
                    </FP>
                    <HD SOURCE="HD1">(a) Comments Due Date</HD>
                    <P>The FAA must receive comments on this airworthiness directive (AD) by August 26, 2024.</P>
                    <HD SOURCE="HD1">(b) Affected ADs</HD>
                    <P>None.</P>
                    <HD SOURCE="HD1">(c) Applicability</HD>
                    <P>
                        This AD applies to General Electric Company (GE) Model CF34-10E2A1, CF34-10E6, CF34-10E6A1, CF34-10E7, and CF34-10E7-B engines with an installed high-pressure turbine (HPT) shroud/low-pressure turbine (LPT) nozzle assembly having part number (P/N) 2205M38G01, 2205M38G02, 2205M38G03, 2205M38G04, or 2205M38G05.
                        <PRTPAGE P="56676"/>
                    </P>
                    <HD SOURCE="HD1">(d) Subject</HD>
                    <P>Joint Aircraft System Component (JASC) Code 7250, Turbine Section.</P>
                    <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                    <P>This AD was prompted by a report of failed retention features of the inner and outer support air ducts (commonly referred to as spoolies) discovered during engine disassembly. The FAA is issuing this AD to prevent failure of the combustion case. The unsafe condition, if not addressed, could result in the inner surface of the combustion case having reduced load carrying capability for fan blade out or other extreme event with possible engine separation and loss of the airplane.</P>
                    <HD SOURCE="HD1">(f) Compliance</HD>
                    <P>Comply with this AD within the compliance times specified, unless already done.</P>
                    <HD SOURCE="HD1">(g) Required Actions</HD>
                    <P>(1) At the next engine shop visit after the effective date of this AD, do a visual inspection of the combustion case inner shell surface for wear and gouges in accordance with paragraph 3.A.(1) and (2) of the Accomplishment Instructions of GE CF34-10E Service Bulletin (SB) 72-0351 R01, dated July 17, 2019 (SB 72-0351 R01).</P>
                    <P>(i) If any wear or gouges are found during any inspection required by paragraph (g)(1) of this AD, before further flight, repair the combustion case in accordance with Table 1 of SB 72-0351 R01.</P>
                    <P>(ii) If any wear or gouges exceed the maximum repairable limit in accordance with Table 1 of SB 72-0351 R01, before further flight, remove the combustion case from service.</P>
                    <P>(2) At the next engine shop visit after the effective date of this AD, rework the affected HPT shroud/LPT nozzle assembly, in accordance with paragraph 3.B. of the Accomplishment Instructions of SB 72-0351 R01.</P>
                    <HD SOURCE="HD1">(h) Definition</HD>
                    <P>For the purpose of this AD, an “engine shop visit” is defined as when the HPT shroud/LPT nozzle assembly or the HPT rotor disk is removed from the engine.</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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the AIR-520 Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (j) of this AD and email to: 
                        <E T="03">AMOC@faa.gov.</E>
                    </P>
                    <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.</P>
                    <HD SOURCE="HD1">(j) Additional Information</HD>
                    <P>
                        For more information about this AD, contact Alexei Marqueen, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-7178; email: 
                        <E T="03">alexei.t.marqueen@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 the AD specifies otherwise.</P>
                    <P>(i) General Electric Company (GE) CF34-10E Service Bulletin 72-0351 R01, dated July 17, 2019.</P>
                    <P>(ii) [Reserved]</P>
                    <P>
                        (3) For GE service information, contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone: (513) 552-3272; email: 
                        <E T="03">aviation.fleetsupport@ge.com;</E>
                         website: 
                        <E T="03">ge.com.</E>
                    </P>
                    <P>(4) You may view this service information that is incorporated by reference at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222-5110.</P>
                    <P>
                        (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                        <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                         or email 
                        <E T="03">fr.inspection@nara.gov.</E>
                    </P>
                </EXTRACT>
                <SIG>
                    <DATED>Issued on July 1, 2024.</DATED>
                    <NAME>Peter A. White,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-14873 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL TRADE COMMISSION</AGENCY>
                <CFR>16 CFR Part 1</CFR>
                <DEPDOC>[File No. R407002]</DEPDOC>
                <SUBJECT>Petition for Rulemaking of The National HBPA, Inc.</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Trade Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Receipt of petition; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Please take notice that the Federal Trade Commission (“Commission”) received a petition for rulemaking from The National HBPA, Inc. and has published that petition online. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must identify the petition docket number and be filed by August 9, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may view the petition, identified by docket number FTC-2024-0030, and submit written comments concerning its merits by using the Federal eRulemaking Portal at 
                        <E T="03">https://www.regulations.gov.</E>
                         Follow the online instructions for submitting comments. Do not submit sensitive or confidential information. You may read background documents or comments received at 
                        <E T="03">https://www.regulations.gov</E>
                         at any time.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Joel Christie, Office of the Secretary, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, 
                        <E T="03">jchristie@ftc.gov,</E>
                         (202) 326-3297.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act, 15 U.S.C. 57a(1)(B), and FTC Rule 1.31(f), 16 CFR 1.31(f), notice is hereby given that the above-captioned petition has been filed with the Secretary of the Commission and has been placed on the public record for a period of 30 days. Any person may submit comments in support of or in opposition to the petition. All timely and responsive comments submitted in connection with this petition will become part of the public record. The Commission will not consider the petition's merits until after the comment period closes.</P>
                <P>
                    Because your comment will be placed on the publicly accessible website at 
                    <E T="03">https://www.regulations.gov,</E>
                     you are solely responsible for making sure your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else's Social Security number; date of birth; driver's license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any “trade secret or any commercial or financial information which . . . is privileged or confidential”—as provided by section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
                </P>
                <EXTRACT>
                    <PRTPAGE P="56677"/>
                    <FP>(Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 601 note)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>April J. Tabor,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15065 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6750-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <CFR>33 CFR Part 100</CFR>
                <DEPDOC>[Docket Number USCG-2024-0544]</DEPDOC>
                <RIN>RIN 1625-AA08</RIN>
                <SUBJECT>Special Local Regulation; Cayuga Lake, Ithaca, NY</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, Department of Homeland Security (DHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard is proposing to establish a temporary special local regulation for certain waters of the Cayuga Lake. This action is necessary to provide for the safety of life on these navigable waters near Ithaca, NY, during a marine event on August 10, 2024. This proposed rulemaking would prohibit persons and vessels from transiting the area unless authorized by the Captain of the Port Sector Eastern Great Lakes or a designated representative. We invite your comments on this proposed rulemaking.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments and related material must be received by the Coast Guard on or before July 25, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may submit comments identified by docket number USCG-2024-0544 using the Federal Decision-Making Portal at 
                        <E T="03">https://www.regulations.gov.</E>
                         See the “Public Participation and Request for Comments” portion of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section for further instructions on submitting comments. This notice of proposed rulemaking with its plain-language, 100-word-or-less proposed rule summary will be available in this same docket.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions about this proposed rulemaking, call or email Joseph Stranc, Marine Safety Unit Thousand Islands, U.S. Coast Guard; telephone 315-774-8524, email 
                        <E T="03">SMB-MSUThousandIslands-WaterwaysManagement@uscg.mil.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Table of Abbreviations</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
                    <FP SOURCE="FP-1">COTP Captain of the Port Sector Eastern Great Lakes</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, Purpose, and Legal Basis</HD>
                <P>On March 4, 2024, an organization notified the Coast Guard that it will be conducting a swim event from 6 a.m. to 11:30 a.m. on August 10, 2024. The event will take place within the following boundaries: starting at point 42°30′07.01″ N, 076°30′57.04″ W; running adjacent shore to point 42°30′30.03″ N, 076°31′09.34″ W; thence to 42°29′50.20″ N, 076°32′24.99″ W; running adjacent to the shore to point 42°29′34.71″ N, 076°32′17.11″ W; thence back to starting position.</P>
                <P>Due to the potential hazards associated with the swim event, the Captain of the Port Sector Eastern Great Lakes (COTP) determined that the potential hazards associated with the swimming event would be a safety concern for anyone within the swim area. The purpose of this rulemaking is to ensure the safety of participants of the event on within the navigable waters within the boundaries described above before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70041.</P>
                <HD SOURCE="HD1">III. Discussion of Proposed Rule</HD>
                <P>The COTP is proposing to establish a special local regulation in Cayuga Lake from 6 a.m. to 11:30 a.m. on August 10, 2024. The area regulated by this special local regulation will cover all navigable waters, from surface to bottom, within the area formed by connecting the following latitude and longitude points in the following order: starting at point 42°30′07.01″ N, 076°30′57.04″ W; running adjacent shore to point 42°30′30.03″ N, 076°31′09.34″ W; thence to 42°29′50.20″ N, 076°32′24.99″ W; running adjacent to the shore to point 42°29′34.71″ N, 076°32′17.11″ W; thence back to starting position.</P>
                <P>The duration of the proposed special local regulation is intended to ensure the safety of event participants on these navigable waters before, during, and after the scheduled swim event. No vessel or person would be permitted to enter the regulated area without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.</P>
                <HD SOURCE="HD1">IV. Regulatory Analyses</HD>
                <P>We developed this proposed 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 NPRM has not been designated a “significant regulatory action,” under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB).</P>
                <P>This regulatory action determination is based on the size, location, duration, and time-of-day of the regulated area. Vessel traffic would be able to safely transit through this regulated area which would impact a small designated area of Cayuga Lake for less than 6 hours during the morning. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the regulated area, and the rule would allow vessels to seek permission to transit through the area.</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 proposed rule would 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 area may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator.</P>
                <P>
                    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see 
                    <PRTPAGE P="56678"/>
                    <E T="02">ADDRESSES</E>
                    ) explaining why you think it qualifies and how and to what degree this rule would economically affect it.
                </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 proposed rule. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
                </P>
                <HD SOURCE="HD2">C. Collection of Information</HD>
                <P>This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would 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 proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section.
                </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 proposed rule would not result in such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in this preamble.</P>
                <HD SOURCE="HD2">F. Environment</HD>
                <P>We have analyzed this proposed rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, 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 made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a special local regulation lasting 5.5 hours that would prohibit entry to the swim area of the Cayuga Lake without authorization from COTP or their designated representative.</P>
                <P>
                    Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the 
                    <E T="02">ADDRESSES</E>
                     section of this preamble. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
                </P>
                <HD SOURCE="HD2">G. Protest Activities</HD>
                <P>
                    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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>
                <HD SOURCE="HD1">V. Public Participation and Request for Comments</HD>
                <P>We view public participation as essential to effective rulemaking and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.</P>
                <P>
                    <E T="03">Submitting comments.</E>
                     We encourage you to submit comments through the Federal Decision-Making Portal at 
                    <E T="03">https://www.regulations.gov.</E>
                     To do so, go to 
                    <E T="03">https://www.regulations.gov,</E>
                     type USCG-2024-0544 in the search box and click “Search.” Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using 
                    <E T="03">https://www.regulations.gov,</E>
                     call or email the person in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this proposed rule for alternate instructions.
                </P>
                <P>
                    <E T="03">Viewing material in docket.</E>
                     To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select “Supporting &amp; Related Material” in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the 
                    <E T="03">https://www.regulations.gov</E>
                     Frequently Asked Questions web page. Also, if you click on the Dockets tab and then the proposed rule, you should see a “Subscribe” option for email alerts. The option will notify you when comments are posted, or a final rule is published.
                </P>
                <P>We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive.</P>
                <P>
                    <E T="03">Personal information.</E>
                     We accept anonymous comments. Comments we post to 
                    <E T="03">https://www.regulations.gov</E>
                     will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 33 CFR Part 100</HD>
                    <P>Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.</P>
                </LSTSUB>
                <P>For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS</HD>
                </PART>
                <AMDPAR>1. The authority citation for part 100 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 46 U.S.C. 70041; 33 CFR 1.05-1.</P>
                </AUTH>
                <AMDPAR>2. Add § 160.T09-0544 to read as follows:</AMDPAR>
                <SECTION>
                    <PRTPAGE P="56679"/>
                    <SECTNO>§ 160.T09-0544</SECTNO>
                    <SUBJECT>Women Swimmin' for Hospicare, Cayuga Lake, Ithaca, NY.</SUBJECT>
                    <P>
                        (a) 
                        <E T="03">Enforcement period.</E>
                         Coast Guard Sector Eastern Great Lakes Captain of the Port (COTP) will enforce this section from 6 a.m. to 11:30 a.m. on August 10, 2024, upon the navigable waters of Cayuga Lake as described in paragraph (b) of this section.
                    </P>
                    <P>
                        (b) 
                        <E T="03">Regulated area.</E>
                         The regulations in this section apply to the following area: All navigable waters within Cayuga Lake starting at point 42°30′07.01″ N 076°30′57.04″ W and running adjacent to the shore to point 42°30′30.03″ N 076°31′09.34″ W, continuing to point 42°29′50.20″ N 076°32′24.99″ W, running adjacent to the shore to point 42°29′34.71″ N 076°32′17.11″ W, back to the starting position.
                    </P>
                    <P>
                        (c) 
                        <E T="03">Definitions.</E>
                         As used in this section, 
                        <E T="03">designated representative</E>
                         means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the COTP in the enforcement of the regulations in this section.
                    </P>
                    <P>
                        (d) 
                        <E T="03">Regulations.</E>
                         All vessels will be required to request permission from the COTP or their designated representative to transit the area and will operate at a no wake speed to reduce the wake to a minimum, and in a manner which will not endanger participants in the event or any other craft. The COTP or their designated representative may be contacted on Channel 16 (156.8 MHZ) by the call sign “Coast Guard Patrol Commander”.
                    </P>
                </SECTION>
                <SIG>
                    <DATED>Dated: June 28, 2024.</DATED>
                    <NAME>M.I. Kuperman,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Captain of the Port Sector Eastern Great Lakes.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-14722 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL REGULATORY COMMISSION</AGENCY>
                <CFR>39 CFR Part 3055</CFR>
                <DEPDOC>[Docket No. RM2024-9; Order No. 7247]</DEPDOC>
                <RIN>RIN 3211-AA39</RIN>
                <SUBJECT>Service Performance Measurement Systems for Market Dominant Products</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Postal Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Advance notice of proposed rulemaking.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Advance Notice of Proposed Rulemaking seeks comment on the Commission's review of the accuracy, reliability, and representativeness of the Postal Service's Internal Service Performance Measurement (SPM) System. SPM produces service performance results that are an amalgamation of granular and siloed evaluations of performance for the individual segments of mail collection (First Mile), mail processing (Processing Duration), and mail delivery (Last Mile). Given recent changes in operations and mail mix, the Commission has concerns about the continued validity of the design and implementation of each of these three systems, as well as how the systems function collectively as a whole. This document informs the public of the filing, invites public comment, and takes other administrative steps.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Technical Conference:</E>
                         July 24, 2024, at 11 a.m., Eastern Time (ET), Virtual. 
                        <E T="03">Comments are due:</E>
                         September 11, 2024. 
                        <E T="03">Reply comments are due:</E>
                         October 9, 2024.
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit comments electronically via the Commission's Filing Online system at 
                        <E T="03">https://www.prc.gov.</E>
                         Those who cannot submit comments electronically should contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section by telephone for advice on filing alternatives. The Rule Summary can be found on the Commission's Rule Summary Page at 
                        <E T="03">https://www.prc.gov/rule-summary-page.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>David A. Trissell, General Counsel, at 202-789-6820.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Pursuant to 39 U.S.C. 503, 3652 and 3691, the Commission finds that it is appropriate to initiate this proceeding to review the accuracy, reliability, and representativeness of the Postal Service's Internal Service Performance Measurement (SPM) System. The Commission seeks comments regarding this review.</P>
                <P>SPM produces composite service performance results that are generated using several different data sources and data processing methods. The service performance results produced by SPM are an amalgamation of granular and siloed evaluations of performance for the individual segments of mail collection (First Mile), mail processing (Processing Duration), and mail delivery (Last Mile). Given recent changes in operations and mail mix, the Commission has concerns about the continued validity of the design and implementation of each of these three systems, as well as how the systems function collectively as a whole.</P>
                <P>Commission Information Request No. 1 is being issued today in this docket and the Postal Service shall fully respond by August 14, 2024.</P>
                <P>A technical conference will be held live via Microsoft Teams on July 24, 2024, at 11 a.m. ET. This technical conference is an informal, off-the-record opportunity to interactively discuss and clarify technical issues related to the nature and extent of the information sought in Commission Information Request No. 1, as well as to identify and discuss information relevant to evaluating the SPM System. Details on how to participate appear in Order No. 7247.</P>
                <P>Interested persons are invited to provide written comments to facilitate the Commission's review of the accuracy, reliability, and representativeness of SPM. Below, the Commission identifies specific topics on which it would particularly appreciate comment. However, commenters are not limited to addressing these identified topics—the Commission will consider all comments that fall within the scope of this proceeding.</P>
                <P>1. Is SPM in its current state producing accurate, reliable, and/or representative measurements of the Postal Service's service performance? If not, what specific aspect of SPM's design and/or implementation is causing service performance measurement to be inaccurate, unreliable, and/or unrepresentative?</P>
                <P>2. Are there modifications that could be made to SPM in its current state that would result in it being more accurate, reliable, and/or representative?</P>
                <P>3. Are there alternative measurement systems (either external or internal) that would be more accurate, reliable, and/or representative than SPM?</P>
                <SIG>
                    <P>By the Commission.</P>
                    <NAME>Erica A. Barker,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-14978 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-FW-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="56680"/>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R03-OAR-2024-0302; FRL-12064-01-R3]</DEPDOC>
                <SUBJECT>Air Plan Approval; Pennsylvania; Adoption of Federal Implementation Plan Reasonably Available Control Technology Requirements for Keystone, Conemaugh, Homer City and Montour Generating Facilities for the 1997 and 2008 Ozone National Ambient Air Quality Standards</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 part of State implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. The revisions being proposed for approval adopt nitrogen oxides (NO
                        <E T="52">X</E>
                        ) emission limits and requirements for the coal-fired electric generating units (EGUs) equipped with selective catalytic reduction (SCR) at the Keystone, Conemaugh, Homer City, and Montour facilities. The NO
                        <E T="52">X</E>
                         limits address reasonably available control technology (RACT) requirements for these EGUs for the 1997 and 2008 ozone national ambient air quality standards (NAAQS) and are intended to address the deficiencies identified in EPA's August 16, 2022 disapproval of an earlier SIP submission. This action is being taken under the Clean Air Act (CAA).
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments must be received on or before August 9, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit your comments, identified by Docket ID No. EPA-R03-OAR-2024-0302 at 
                        <E T="03">www.regulations.gov,</E>
                         or via email to 
                        <E T="03">goold.megan@epa.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>
                        . For either manner of submission, 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. 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">www.epa.gov/dockets/commenting-epa-dockets.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Sean Silverman, Planning &amp; Implementation Branch (3AD30), Air &amp; Radiation Division, U.S. Environmental Protection Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-5511. Mr. Silverman can also be reached via electronic mail at 
                        <E T="03">silverman.sean@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    On April 10, 2024, the Pennsylvania Department of Environmental Protection (PADEP) submitted two new revisions to its SIP, and simultaneously withdrew its prior SIP submissions of May 26 and June 11, 2022. The new SIP revisions consisted of title V permits which adopted the NO
                    <E T="52">X</E>
                     RACT limits and other requirements promulgated by EPA in the Federal Implementation Plan (FIP) published August 31, 2022 (87 FR53381), and codified at 40 CFR 52.2065. One SIP revision contained, among other things, title V permits setting RACT requirements for the large EGUs at Keystone, Conemaugh and Homer City, while the other SIP revision contained a title V permit adopting RACT limits and other requirements for the EGUs at the Montour facility.
                </P>
                <P>
                    Elsewhere in this 
                    <E T="04">Federal Register</E>
                    , EPA is issuing an interim final determination (IFD) which proposes to find that Pennsylvania's April 10, 2024 SIP revisions address the deficiencies cited by EPA as the basis of EPA's August 16, 2022 final disapproval of certain portions of Pennsylvania's RACT regulations. The effect of that IFD is to stay emission offset sanctions and defer the imposition of highway funding sanctions triggered by EPA's August 16, 2022 partial disapproval of a prior Pennsylvania SIP addressing RACT for these EGUs. Comments on the IFD should be submitted in accordance with the instructions in that action.
                </P>
                <P>EPA is not taking action at this time on the RACT limits for certain auxiliary boilers at the Keystone and Conemaugh facilities found in the title V permits for these sources which were included as part of the April 10, 2024 SIP submittal. Approval into the SIP of the RACT limits for these auxiliary boilers is not required to address the deficiencies cited in EPA's August 16, 2022 disapproval action. EPA is not proposing to withdraw the FIP in this action.</P>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    The RACT requirements in CAA section 182(b)(2) apply to all ozone nonattainment areas classified as Moderate or higher (
                    <E T="03">i.e.,</E>
                     Serious, Severe, or Extreme). Section 184(b)(1)(B) of the CAA also applies RACT to all areas located within ozone transport regions. The entire Commonwealth of Pennsylvania is part of the Ozone Transport Region (OTR) established by section 184 of the CAA and therefore subject statewide to RACT requirements.
                </P>
                <P>
                    On May 16, 2016, Pennsylvania submitted a SIP revision intended to satisfy certain CAA RACT requirements for sections 182(b)(2)(C), 182(f), and 184 for the 1997 and 2008 ozone NAAQS. The SIP addressed RACT for all major sources of NO
                    <E T="52">X</E>
                     and volatile organic compounds (VOCs) in Pennsylvania that were not subject to control techniques guidelines (CTGs), with a few exceptions not relevant to this action (hereafter the “RACT II rule”). On May 9, 2019, EPA published a final action fully approving certain provisions and conditionally approving other portions of Pennsylvania's RACT II rule. 84 FR 20274 (May 9, 2019). Specifically, EPA's action fully approved sections 121.1, 129.96, 129.97, and 129.100 of Title 25 of the Pennsylvania Code (25 Pa. Code), and conditionally approved 25 Pa. Code sections 129.98 and 129.99 based upon Pennsylvania's commitment to submit additional SIP revisions addressing the deficiencies in the RACT II rule identified by EPA. Id. at 20290.
                </P>
                <P>
                    Following EPA's approval, the Sierra Club filed a challenge to certain parts of EPA's approval of Pennsylvania's RACT II SIP in the U.S. Court of Appeals for the Third Circuit. 
                    <E T="03">Sierra Club</E>
                     v. 
                    <E T="03">EPA,</E>
                     972 F.3d 290 (3rd Cir. 2020) (“Sierra Club”). The appeal challenged EPA's approval of only that portion of the RACT II rule applicable to coal-fired EGUs equipped with SCR for control of NO
                    <E T="52">X</E>
                    . Specifically, the appeal challenged EPA's approval of the presumptive RACT NO
                    <E T="52">X</E>
                     limit for these EGUs of 0.12 pounds of NO
                    <E T="52">X</E>
                     per Million British Thermal Units (MMBtu) of heat input (lbs/MMBtu) when the inlet temperature to the SCR was 600 degrees Fahrenheit or above, found at 25 Pa. Code 129.97(g)(1)(viii); the application of the less stringent NO
                    <E T="52">X</E>
                     limits of 25 Pa. Code 129.97(g)(1)(vi) to EGUs with SCR when the inlet temperature to the SCR was below 600 
                    <PRTPAGE P="56681"/>
                    degrees Fahrenheit; and the failure of the RACT II rule at 25 Pa. Code 129.100(d) to specifically require these EGUs to keep temperature data for the inlet temperature to the SCRs and report that data to PADEP.
                </P>
                <P>
                    On August 27, 2020, the Third Circuit held unlawful and vacated EPA's approval as challenged by the Sierra Club. First, the Court found that EPA's record did not sufficiently explain why the EGUs equipped with SCR could not achieve a lower NO
                    <E T="52">X</E>
                     emission standard than the presumptive limits EPA approved into the SIP. Sierra Club, 972 F.3d at 299-303. Second, the Court held that Pennsylvania's standard acted as a loophole because it permitted unlimited operations without the use of SCR controls if exhaust gas temperature was kept below what the Court considered an arbitrary temperature threshold of 600 degrees Fahrenheit. Id. at 303-07. Third, the Court held that Pennsylvania's reporting requirements were not enforceable. Id. at 307-09. As a result, the Court vacated EPA's approval of this portion of the 2016 SIP and ordered EPA either to approve a revised, compliant SIP or promulgate a FIP within two years (
                    <E T="03">i.e.,</E>
                     by August 27, 2022). Id. at 309.
                </P>
                <P>Following the Court's decision, PADEP worked to develop a SIP to address the deficiencies identified by the court within the specified time frame. EPA simultaneously worked on a FIP so that EPA could meet the Court's deadline to issue a FIP should it be necessary to do so. EPA published its proposed FIP on May 25, 2022 in order to be in a position to finalize a FIP by the Court's deadline. 87 FR 31798 at 31801. On May 26, 2022, PADEP submitted to EPA new SIP revisions containing title V permits setting case-by-case RACT limits and monitoring, recordkeeping and reporting requirements for Keystone, Conemaugh, and Homer City. Similarly, on June 9, 2022, PADEP submitted a new SIP revision containing a title V permit setting case-by-case RACT limits and monitoring, recordkeeping and reporting requirements for Montour as a SIP revision. In order to assure its authority to issue a FIP, on August 16, 2022, EPA also took final action to disapprove the vacated portions of the previously submitted RACT II SIP revision. 87 FR 50257. EPA's final FIP published on August 31, 2022. 87 FR 53381.</P>
                <P>EPA's August 16, 2022 final disapproval started a sanctions clock under CAA section 179 and 40 CFR 52.31. The two-to-one new source emissions offset sanction took effect on March 15, 2024 (18 months following the September 15, 2022 effective date of the August 16, 2022 partial disapproval), while highway funding sanctions will take effect September 15, 2024 unless the state submits, and EPA approves, SIP revisions that correct the deficiencies identified in the August 16, 2022 disapproval action. However, in a separate action concurrent with this proposed approval, EPA has issued an IFD that Pennsylvania's adoption of the emission limits and recordkeeping and reporting requirements of the FIP into title V permits for the four sources, and submission of the title V permits as SIP revisions, resolve the deficiencies which EPA cited in the August 16, 2022 disapproval action. The IFD stays the emission offset sanctions and defers the imposition of highway funding sanctions triggered by EPA's August 16, 2022, partial disapproval. Additionally, EPA intends to take action to withdraw the FIP at a later date, after the SIP revisions incorporating the FIP requirements have been approved into Pennsylvania's SIP.</P>
                <P>
                    Following issuance of the final FIP, Keystone-Conemaugh Projects LLC, the operator of the Keystone and Conemaugh Generating Stations, and Homer City Generation LP, the operator of the Homer City Generating Station (hereafter “Petitioners”), filed petitions for review with the U.S. Court of Appeals for the Third Circuit in October of 2022. PADEP intervened in support of Petitioners, and Sierra Club and Montour, LLC, the operator of the Montour Generating Station, intervened on behalf of Respondent, the EPA. In February 2023, Petitioners moved to stay their obligation to comply with the FIP pending the court's review, but the stay was denied. The litigation focused on two main issues: (1) whether EPA had proper authority to issue the FIP, and (2) whether EPA's record sufficiently supported that the NO
                    <E T="52">X</E>
                     limits represented RACT (as well as many sub-issues).
                </P>
                <P>
                    While the Petitioners' appeal was pending before the Third Circuit, several other things happened that are relevant to this action. First, on February 21, 2024, EPA proposed disapproval of PADEP's May 2022 SIP Revision setting case-by-case RACT limits for Keystone, Conemaugh and Homer City (89 FR 13022).
                    <SU>1</SU>
                    <FTREF/>
                     Subsequently, on April 10, 2024, PADEP submitted a letter withdrawing that May 2022 SIP revision. Because PADEP has withdrawn the May 2022 SIP revision setting the case-by-case RACT limits for Keystone, Conemaugh and Homer City, EPA will take no further action on the February 21, 2024 proposed disapproval of that SIP revision. Still pending before EPA is the submission proposed for approval in this notice—PADEP's April 10, 2024, SIP submission, which asks EPA to approve into the SIP newly-submitted title V permits containing the NO
                    <E T="52">X</E>
                     RACT limits and other requirements identical to those in the final August 31, 2022 FIP for Keystone, Conemaugh, Homer City, and Montour.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         EPA's proposed disapproval did not include the case-by-case RACT limits for Montour submitted by PADEP on June 9, 2022 because PADEP withdrew that SIP submittal in October 2022 after the owners of Montour had indicated that they would accept the limits in EPA's FIP. See letter from PADEP Acting Secretary Ramez Ziadeh to EPA Regional Administrator Adam Ortiz, and EPA's acknowledgment letter dated October 26, 2022, Both documents are in the docket for this action.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         See document, dated April 9, 2024, From PADEP Interim Acting Secretary Jessica Shirley to EPA Region III in the docket for this action.
                    </P>
                </FTNT>
                <P>
                    On May 2, 2024, the Third Circuit issued a decision upholding the RACT limits and other requirements in EPA's August 31, 2022 FIP. 
                    <E T="03">Keystone-Conemaugh Projects LLC</E>
                     v. 
                    <E T="03">EPA,</E>
                     et al., No. 22-3026. The court decided and resolved all issues raised by the Petitioners in EPA's favor.
                </P>
                <P>
                    EPA is now proposing to approve the April 10, 2024 PADEP SIP revisions which consist of title V permits adopting the NO
                    <E T="52">X</E>
                     RACT limits and other requirements set by the FIP for the EGUs at Keystone, Conemaugh, Homer City, and Montour.
                    <SU>3</SU>
                    <FTREF/>
                     This SIP revision addresses the major NO
                    <E T="52">X</E>
                     RACT requirements for the EGUs at these sources for both the 1997 and 2008 Ozone NAAQS. The incorporation of the title V permits containing the FIP requirements into Pennsylvania's SIP addresses the deficiencies identified in EPA's August 16, 2022 partial disapproval, which started the sanctions clock for offset and highway sanctions in Pennsylvania. EPA notes that the title V permits in the April 10, 2024 SIP revisions for Keystone and Conemaugh also contain case-by-case RACT limits for certain gas or oil-fired auxiliary boilers at these facilities. However, EPA is not taking action at this time on the case-by-case RACT limits in these permits for two auxiliary boilers at Keystone (Source IDs 037 and 038) and two at Conemaugh (Source IDs 039 and 041). These auxiliary boilers were not subject to the presumptive RACT limit 
                    <PRTPAGE P="56682"/>
                    in 25 Pa. Code 129.97(g)(1)(viii) for which EPA issued a final disapproval in August 2022.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The Homer City facility ceased all coal-burning operations on July 1, 2023 when Unit 3 stopped operating. However, because Homer City has not formally surrendered its CAA permits, which would demonstrate that the shutdown is permanent, SIP-approved NO
                        <E T="52">X</E>
                         RACT limits are still necessary to address the 1997 and 2008 Ozone RACT requirements for this facility. See 
                        <E T="03">www.pjm.com/planning/service-requests/gen-deactivations.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Summary of Pennsylvania's SIP Revision and EPA's Analysis</HD>
                <P>
                    Pennsylvania's SIP revision, dated April 9, 2024, and received by EPA on April 10, 2024, included four redacted title V permits incorporating the FIP requirements for the EGUs equipped with SCR at Keystone, Conemaugh, Homer City, and Montour. EPA has reviewed these permits and determined that the permits incorporate the same emission limits, monitoring, testing, recordkeeping, reporting, work practices and other requirements for these EGUs found in EPA's FIP. The permits are listed in Table 1 in this document. These submissions and permits are part of the docket for this rule making and are available online at 
                    <E T="03">www.regulations.gov.</E>
                </P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,18,r50,xs96">
                    <TTITLE>Table 1—List of Title V Permits Incorporating the Requirements of the August 31, 2022 Federal Implementation Plan</TTITLE>
                    <BOXHD>
                        <CHED H="1">Source name</CHED>
                        <CHED H="1">Title V permit No.</CHED>
                        <CHED H="1">County</CHED>
                        <CHED H="1">Permit effective date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Conemaugh</ENT>
                        <ENT>32-0059</ENT>
                        <ENT>Indiana</ENT>
                        <ENT>March 14, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Homer City</ENT>
                        <ENT>32-00055</ENT>
                        <ENT>Indiana</ENT>
                        <ENT>March 14, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Keystone</ENT>
                        <ENT>03-00027</ENT>
                        <ENT>Armstrong</ENT>
                        <ENT>March 14, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Montour</ENT>
                        <ENT>47-00001</ENT>
                        <ENT>Montour</ENT>
                        <ENT>March 14, 2024.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    EPA's assessment regarding the approvability of the RACT limits and other requirements for these EGUs found in Pennsylvania's SIP submission is substantially the same as the justification and analysis in the record EPA created for its FIP.
                    <SU>4</SU>
                    <FTREF/>
                     EPA provided an in-depth discussion of the methodology and reasoning for setting the FIP limits for each of these EGUs in EPA's proposed FIP (87 FR 31798), the associated technical support document supporting the proposed FIP, and in responses to comments received on the proposed FIP and published with the final FIP approval (87 FR 53381). EPA has put the technical support document for EPA's FIP into the docket for this action. The 
                    <E T="04">Federal Register</E>
                     notifications for the proposed and final FIP are available at 
                    <E T="03">www.regulations.gov</E>
                     under docket number EPA-R03-OAR-2022-0347 and in the 
                    <E T="04">Federal Register</E>
                     at the citations provided in the prior sentence. EPA is not aware of any change in the facts since the FIP was finalized that would alter any of the limits or requirements or EPA's analysis supporting the FIP.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The docket number for the FIP is EPA-R03-OAR-2022-0347.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">III. Proposed Action</HD>
                <P>
                    EPA is proposing to approve Pennsylvania's April 10, 2024 SIP revisions, which consist of four revised title V permits containing RACT limits for NO
                    <E T="52">X</E>
                     emissions from the coal-fired EGUs equipped with SCR, as well as associated recordkeeping, monitoring and reporting requirements for the four facilities listed in Table 1 of this document. If approved, the SIP revisions will incorporate by reference into the Pennsylvania SIP, via the redacted title V permits, those source specific NO
                    <E T="52">X</E>
                     emission limits for the EGUs equipped with SCR at each facility and the associated monitoring, recordkeeping and reporting requirements for those limits that EPA set forth in the August 2022 FIP. If approved, these SIP revisions will address the RACT requirements for the 1997 and 2008 ozone NAAQS for NO
                    <E T="52">X</E>
                     for these EGUs, and also address the deficiencies outlined in EPA's August 16, 2022 partial disapproval (87 FR 50257) of certain portions of Pennsylvania's RACT II regulations. That disapproval started a mandatory sanctions clock under CAA section 179 and 40 CFR 52.31. EPA notes that the title V permits for Keystone and Conemaugh in the April 10, 2024 SIP revisions also contain case-by-case RACT limits for certain gas or oil-fired auxiliary boilers at these facilities. EPA is not taking action at this time on the RACT limits in these permits for two auxiliary boilers at Keystone (Source IDs 037 and 038) and for two at Conemaugh (Source IDs 039 and 041). These auxiliary boilers were not subject to the presumptive RACT limit in 25 Pa. Code 129.97(g)(1)(viii) for which EPA issued a final disapproval in August 2022.
                </P>
                <P>EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. As EPA views each facility as a severable SIP revision, EPA may take separate, final action regarding the requirements for each facility independently.</P>
                <HD SOURCE="HD1">IV. Incorporation by Reference</HD>
                <P>
                    In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference source specific requirements via the title V permits as described in Section II of this preamble, excluding the auxiliary boiler limits for Keystone (all source group requirements in Section E for G11: alternative RACT II for Auxiliary Boilers) and Conemaugh (all source group requirements in Section E for G11: alternative RACT II for Auxiliary Boilers). EPA has made, and will continue to make, these materials generally available through 
                    <E T="03">www.regulations.gov</E>
                     and at the EPA Region III Office (please contact the person identified in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this preamble for more information).
                </P>
                <HD SOURCE="HD1">V. Statutory and Executive Order Reviews</HD>
                <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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 13563 (76 FR 3821, January 21, 2011);</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 
                    <PRTPAGE P="56683"/>
                    in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
                </P>
                <P>• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
                <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); 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>Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 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. 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.” 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.” The Pennsylvania Department of Environmental Protection did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. 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>
                <P>
                    In addition, this proposed rulemaking addressing the NO
                    <E T="52">X</E>
                     RACT requirements for EGUs equipped with SCR at the Keystone, Conemaugh, Homer City and Montour facilities for the 1997 and 2008 Ozone NAAQS, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
                    <P>Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.</P>
                </LSTSUB>
                <SIG>
                    <NAME>Adam Ortiz,</NAME>
                    <TITLE>Regional Administrator, Region III.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15114 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R02-OAR-2022-0647, FRL-12038-01-R2]</DEPDOC>
                <SUBJECT>Approval and Promulgation of State Implementation Plans; New Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air Quality Standards</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 the demonstration portions of the comprehensive State Implementation Plan (SIP) revision submitted by New Jersey that certify that the State has satisfied the requirements for an emission statement program, certify that the State has satisfied the requirements for an ozone nonattainment new source review program, certify that the State has satisfied the requirements for a nonattainment emission inventory, and certify that the State has satisfied the requirements for clean fuels for fleets. The EPA is also proposing to approve New Jersey's reasonable further progress plans and associated motor vehicle emission budgets for both the Moderate and Serious classifications of the 2008 ozone NAAQS. These actions are being taken in accordance with the requirements of the Clean Air Act.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments must be received on or before August 9, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit your comments, identified by Docket ID Number EPA-R02-OAR-2022-0647 at 
                        <E T="03">https://www.regulations.gov.</E>
                         Although listed in the index, some information is not publicly available, 
                        <E T="03">e.g.,</E>
                         Controlled Unclassified Information (CUI) (formally referred to as Confidential Business Information (CBI)) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through 
                        <E T="03">https://www.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 CUI 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, the full EPA public comment policy, information about CUI or multimedia submissions, and general guidance on making effective comments, please visit 
                        <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Fausto Taveras, Environmental Protection Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3378, or by email at 
                        <E T="03">Taveras.Fausto@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>Throughout this document, whenever “we,” “us,” or “our” is used, we mean EPA.</P>
                <HD SOURCE="HD1">Table of Contents:</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. What did New Jersey submit?</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">III. Summary and Evaluation of New Jersey's Ozone Related SIP Elements</FP>
                    <FP SOURCE="FP1-2">a. Emission Inventory</FP>
                    <FP SOURCE="FP1-2">b. Reasonable Further Progress</FP>
                    <FP SOURCE="FP1-2">c. Motor Vehicle Emission Budgets</FP>
                    <FP SOURCE="FP1-2">d. Emission Statement Certification</FP>
                    <FP SOURCE="FP1-2">e. Ozone Nonattainment New Source Review (NNSR)</FP>
                    <FP SOURCE="FP1-2">f. Clean Fuels for Fleets</FP>
                    <FP SOURCE="FP-2">IV. EPA's Proposed Action</FP>
                    <FP SOURCE="FP-2">V. Environmental Justice Considerations</FP>
                    <FP SOURCE="FP-2">VI. Statutory and Executive Order Reviews</FP>
                </EXTRACT>
                <PRTPAGE P="56684"/>
                <HD SOURCE="HD1">I. What did New Jersey submit?</HD>
                <P>On November 23, 2021, New Jersey submitted a State implementation plan (SIP) revision for purposes of addressing planning elements for the 2008 and 2015 ozone 8-hour National Ambient Air Quality Standard (NAAQS) for the New Jersey portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT) nonattainment area (also referred to as the New York Metro Area or NYMA) and the New Jersey portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) nonattainment area (also referred to as the Philadelphia area). Within this comprehensive SIP, the State included its reasonable further progress plan and motor vehicle emission budgets for New Jersey's portion of the NYMA for the 2008 ozone Serious classification, certification that the State has satisfied the requirements for an ozone nonattainment new source review (NNSR) program for the 2015 ozone NAAQS in both nonattainment areas and statewide pursuant to requirements for States located in the Ozone Transport Region (OTR), certification that the statewide NNSR also satisfies the requirements for the State's Serious classification in the NYMA area for the 2008 Ozone NAAQS, certification that the State has satisfied the requirements for a nonattainment emission inventory for the 2015 ozone NAAQS in both nonattainment areas, certification that the State has satisfied the requirements of an emission statement program for the 2008 ozone Serious classification for the NYMA nonattainment area, and certification that the State has satisfied the requirements for clean fuels for fleet for the NYMA.</P>
                <P>
                    In addition, New Jersey also submitted a comprehensive SIP revision on January 2, 2018. Within that submittal, New Jersey included the reasonable further progress plan and motor vehicle emission budgets for the 2008 ozone Moderate classification of the State's portion of the NYMA. Planning elements addressed in this proposal from New Jersey's comprehensive January 2, 2018, and November 23, 2021, SIP submissions along with the respective ozone NAAQS classification and nonattainment areas are outlined in Table 1.
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         In New Jersey's November 23, 2021, SIP Submission, the State also certified its Enhanced Motor Vehicle Inspection and Maintenance (I/M) Program for the 2008 Ozone NAAQS Serious classification. New Jersey's certification for its Enhanced Motor Vehicle I/M Program for the Serious classification for the 2008 Ozone NAAQS will be addressed under a separate future rulemaking and is not addressed within this proposal.
                    </P>
                </FTNT>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,r50,r75,xs80">
                    <TTITLE>Table 1—SIP Elements Addressed in New Jersey's Comprehensive SIP Revision Submitted on January 2, 2018, and November 23, 2021</TTITLE>
                    <BOXHD>
                        <CHED H="1">Ozone NAAQS &amp; classification</CHED>
                        <CHED H="1">SIP element</CHED>
                        <CHED H="1">Nonattainment areas</CHED>
                        <CHED H="1">SIP submission date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">2008 Ozone NAAQS—Moderate Classification</ENT>
                        <ENT>Reasonable Further Progress plan and Motor Vehicle Emission Budgets</ENT>
                        <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT>
                        <ENT>January 2, 2018.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2008 Ozone NAAQS—Serious Classification</ENT>
                        <ENT>Reasonable Further Progress plan and Motor Vehicle Emission Budgets</ENT>
                        <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT>
                        <ENT>November 23, 2021.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2008 Ozone NAAQS—Serious Classifications</ENT>
                        <ENT>New Source Review Program (NNSR) certification</ENT>
                        <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT>
                        <ENT>November 23, 2021.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2008 Ozone NAAQS—Serious Classification</ENT>
                        <ENT>Certification of the State's Emission Statement Program</ENT>
                        <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT>
                        <ENT>November 23, 2021.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2008 Ozone NAAQS—Serious Classification</ENT>
                        <ENT>
                            Clean Fuels for Fleets 
                            <SU>1</SU>
                        </ENT>
                        <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT>
                        <ENT>November 23, 2021.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2015 Ozone NAAQS—Marginal &amp; Moderate Classifications</ENT>
                        <ENT>New Source Review Program (NNSR)</ENT>
                        <ENT>New Jersey's portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) &amp; New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT>
                        <ENT>November 23, 2021.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2015 Ozone NAAQS—OTR</ENT>
                        <ENT>New Source Review Program (NNSR)</ENT>
                        <ENT>Statewide</ENT>
                        <ENT>November 23, 2021.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2015 Ozone NAAQS—Marginal &amp; Moderate Classifications</ENT>
                        <ENT>Nonattainment emission inventory under CAA Section 182(a)(1)</ENT>
                        <ENT>New Jersey's portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) &amp; New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT>
                        <ENT>November 23, 2021.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    New Jersey's comprehensive November 23, 2021, SIP submission also addressed the requirement for Reasonably Available Control Technology (RACT) 
                    <SU>2</SU>
                    <FTREF/>
                     for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS or standard) in New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT) nonattainment area for the Serious classification. The November 2021 submittal addressed New Jersey's requirement for Moderate area RACT for the 2015 NAAQS in the NYMA and the requirements for RACT for the 2015 ozone NAAQS throughout the entire State for New Jersey's obligation to meet RACT within the Ozone Transport Region (OTR). The EPA will address New Jersey's RACT certifications outlined within the State's November 23, 2021, SIP submission in a separate rulemaking action.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The EPA has defined RACT as the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility (44 FR 53762, September 17, 1979).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Background</HD>
                <P>
                    In 2008, EPA revised the health-based NAAQS for ozone, setting it at 0.075 parts per million (ppm), or 75 parts per billion (ppb), averaged over an 8-hour time frame. 
                    <E T="03">See</E>
                     73 FR 16436 (March 27, 2008). The EPA determined that the revised 8-hour standard would be more protective of human health, especially with regard to children and adults who are active outdoors and individuals with a pre-existing respiratory disease such as asthma. 
                    <E T="03">See id.</E>
                </P>
                <P>
                    On May 21, 2012, the EPA published in the 
                    <E T="04">Federal Register</E>
                     its final attainment/nonattainment designations for areas across the country with respect to the 2008 8-hour ozone standard. 
                    <E T="03">See</E>
                      
                    <PRTPAGE P="56685"/>
                    77 FR 30088. This action became effective on July 20, 2012. Within that action, the entire State of New Jersey was designated as Marginal nonattainment for the 2008 8-hour ozone standard since both portions of the State reside in either the New York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area, also referred to as the New York Metropolitan Area (NYMA), and the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment areas.
                    <SU>3</SU>
                    <FTREF/>
                     The New Jersey portion of the NYMA, is composed of Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warren Counties. On May 4, 2016, the EPA determined that the NYMA nonattainment area did not attain the 2008 ozone standard by the July 20, 2015, attainment date and was reclassified from a Marginal to a Moderate nonattainment area. 
                    <E T="03">See</E>
                     81 FR 26697. State implementation plans for Moderate nonattainment areas were due by January 1, 2017. 
                    <E T="03">See id.</E>
                     Since the NYMA was reclassified to a Moderate nonattainment area, New Jersey, on January 2, 2018, submitted a comprehensive SIP revision, including an attainment demonstration and reasonable further progress plan among other required SIP elements related to the 2008 8-hour ozone standard for the Moderate classification. Subsequently, the NYMA nonattainment area also failed to meet the Moderate July 20, 2018, attainment date. Therefore, on August 23, 2019, EPA published a final rule that reclassified the NYMA, and other States' nonattainment areas, from Moderate to Serious for the 2008 ozone standard. 
                    <E T="03">See</E>
                     84 FR 44238. Since the NYMA was reclassified to a Serious nonattainment area, New Jersey, on November 23, 2021, submitted a comprehensive SIP revision, including an attainment demonstration and reasonable further progress plan among other required SIP elements, relating to the 2008 8-hour ozone standard for the Serious classification. Because the NYMA nonattainment area also failed to meet the Serious area July 20, 2021, attainment date, the EPA published a final rule that reclassified the NYMA, along with other States' nonattainment areas, from Serious to Severe. 
                    <E T="03">See</E>
                     87 FR 60926 (October 7, 2022). This reclassification to Severe resulted in a revised attainment date for the NYMA of July 20, 2027. 
                    <E T="03">See id.</E>
                     A SIP submittal to address requirements associated with the Severe classification was due on May 7, 2024. 
                    <E T="03">See id.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         On November 2nd, 2017, the EPA determined that the Philadelphia area attained the 2008 ozone standard by the July 20, 2016 one-year extension attainment date. 
                        <E T="03">See</E>
                         82 FR 50814. However, EPA's determination of attainment does not constitute a redesignation to attainment. Redesignation requires States to meet an additional statutory criterion, including the EPA approval of a State plan demonstrating maintenance of the air quality for 10 years after redesignation. (81 FR 26697 at 28701; May 4, 2016).
                    </P>
                </FTNT>
                <P>
                    Regarding the 2015 ozone NAAQS, on June 4, 2018, EPA published a final rule establishing designations and classifications for this standard for most areas of the country, including New Jersey. 
                    <E T="03">See</E>
                     83 FR 25776 (June 4, 2018). This final rule created a Moderate nonattainment area within the NYMA which includes, within New Jersey, Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warren Counties.
                    <SU>4</SU>
                    <FTREF/>
                     Additionally, on December 6, 2018, EPA published a final rule outlining requirements for States to follow as they implement the 2015 ozone NAAQS (2015 Ozone Implementation Rule). 
                    <E T="03">See</E>
                     83 FR 62998 (December 6, 2018). The rule contains RACT and NNSR requirements similar to those outlined within the 2008 Ozone Implementation Rule.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The counties included in the New Jersey portion of the NYMA are consistent between the 2008 and 2015 Ozone NAAQS. 
                        <E T="03">See https://www.epa.gov/green-book.</E>
                    </P>
                </FTNT>
                <P>
                    Regarding NNSR, the minimum SIP requirements for NNSR permitting programs for the 2008 and the 2015 ozone NAAQS are located in 40 CFR 51.165. These NNSR program requirements include those promulgated in the “Phase 2 Rule” implementing the 1997 8-hour ozone NAAQS and the 2008 Ozone Implementation Rule. 
                    <E T="03">See</E>
                     70 FR 71612 (November 29, 2005). Additionally, although the 2015 Ozone Implementation Rule included a provision to explicitly allow for inter-pollutant trading for meeting the emissions offset requirement for ozone, this provision was subsequently vacated.
                    <SU>5</SU>
                    <FTREF/>
                     Under the Phase 2 Rule, the SIP for each ozone nonattainment area must contain NNSR provisions that:
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">Sierra Club</E>
                         v. 
                        <E T="03">EPA,</E>
                         985 F.3d 1055 (D.C. Cir. 2021).
                    </P>
                </FTNT>
                <P>
                    • Set major source thresholds for nitrogen oxides (NO
                    <E T="52">X</E>
                    ) and volatile organic compounds (VOCs) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and (a)(1)(iv)(A)(2);
                </P>
                <P>• Classify physical changes at a major source if the change would constitute a major source by itself pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3);</P>
                <P>
                    • Consider any significant net emissions increase of NO
                    <E T="52">X</E>
                     as a significant net emissions increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E);
                </P>
                <P>• Consider increases of VOC emissions in extreme ozone nonattainment areas as significant net emissions increases and major modifications for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F);</P>
                <P>
                    • Set significant emissions rates for VOC and NO
                    <E T="52">X</E>
                     as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A) through (C) and (E);
                </P>
                <P>• Contain provisions for emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2);</P>
                <P>
                    • Provide that the requirements applicable to VOC also apply to NO
                    <E T="52">X</E>
                     pursuant to 40 CFR 51.165(a)(8); and
                </P>
                <P>
                    • Set offset ratios for VOC and NO
                    <E T="52">X</E>
                     pursuant to 40 CFR 51.165(a)(9)(i) through (iii) (renumbered as (a)(9)(ii) through (iv) under the 2008 Ozone Implementation Rule).
                </P>
                <P>Additionally, pursuant to the 2008 Ozone Implementation Rule, areas designated as nonattainment for that standard that also remain designated as nonattainment for the 1997 ozone standard must satisfy the anti-backsliding requirements of 40 CFR 51.1105.</P>
                <HD SOURCE="HD1">III. Summary and Evaluation of New Jersey's Ozone Related SIP Elements</HD>
                <P>As discussed in section I, New Jersey's January 2, 2018, and November 23, 2021 SIP submissions include certifications and planning elements as part of the State's comprehensive attainment demonstrations for the Moderate and Serious classifications of the NYMA for the 2008 Ozone NAAQS. These included reasonable further progress plan and motor vehicle emission budgets for the 2008 Moderate and Serious ozone NAAQS classifications, a certification for an ozone NNSR program for the 2008 and 2015 Ozone NAAQS, a certification for an emission statement program for the 2008 Ozone NAAQS, a nonattainment emission inventory for the 2015 ozone NAAQS, and a certification that the State has satisfied the requirements for clean fuels for fleets for the 2008 Ozone NAAQS.</P>
                <HD SOURCE="HD2">a. Emission Inventory</HD>
                <P>
                    CAA Sections 172(c)(3) and 182(a)(1) require States to develop and submit, as a SIP revision, “base year” emission inventories for all areas designated as nonattainment for an Ozone NAAQS, which shall include a “comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutant or pollutants in such area . . .” Emission inventories are used to develop and assess new control strategies that the States may use in attainment demonstration SIPs for the 
                    <PRTPAGE P="56686"/>
                    Ozone NAAQS and other relevant criteria pollutant standards. CAA Section 182(a)(3)(A) requires the periodic submission of emission inventories for SIP planning purposes until the nonattainment area is redesignated to attainment. 40 CFR 51.1315(a) also requires that the year selected for the base year emission inventory for the 2015 ozone NAAQS be consistent with the baseline year for the RFP plan as required by 40 CFR 51.1310(b). The regulation at 40 CFR 51.1310(b) States that the baseline emissions inventory can be the emission inventory for the most recent calendar year for which a complete triennial inventory is required to be submitted to the EPA under the provisions of subpart A of 40 CFR part 51, Air Emissions Reporting Requirements, 40 CFR 51.1 through 50. For the 2015 ozone NAAQS, the EPA's December 6, 2018, implementation rule recommended 2017 as a baseline year from which emission reductions used to meet RFP requirements are calculated. 
                    <E T="03">See</E>
                     83 FR 62998.
                </P>
                <P>
                    On November 23, 2021, NJDEP submitted a SIP revision for the 2008 Ozone NAAQS that included the 2017 calendar year periodic ozone precursor emission inventory pollutants, VOC and NO
                    <E T="52">X</E>
                    , for the New Jersey portions of the NY-NJ-CT (NYMA) and PA-NJ-MD-DE (Philadelphia) ozone nonattainment areas. New Jersey's 2017 Periodic Emissions Inventory for the 2008 Ozone NAAQS also serves as the baseline emission inventory for the 2015 Ozone NAAQS, pursuant to CAA Section 182(a)(1), for both the Northern New Jersey and Southern New Jersey ozone nonattainment areas. In accordance with 40 CFR 51.1315(a), New Jersey's 2017 Emission Inventory also serves as the base year inventory for RFP of both the NYMA and Philadelphia nonattainment areas for the 2015 Ozone NAAQS. New Jersey's emission inventory includes both annual and typical summer day point, area, non-road, on-road, biogenic, and wildfire and prescribed fire emission estimates. The typical summer day emissions are also adjusted for various types of stationary and mobile source categories based on their activity level during the summer ozone season. The ozone emission inventory catalogs NO
                    <E T="52">X</E>
                     and VOC emissions because these pollutants are precursors to ozone formation. New Jersey's 2017 Emissions Inventory contains emission estimates for the all the counties located in both the New Jersey portion of the New York-Northern New Jersey-Long Island NY-NJ-CT, 2008 and 2015 ozone nonattainment areas, and the Southern New Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE, 2015 ozone nonattainment area and contains emission estimates summed statewide.
                </P>
                <P>
                    The specific details of New Jersey's 2017 Periodic Emission Inventory as it relates to the Serious classification of the 2008 ozone NAAQS for the New Jersey portion of the NYMA and the rationale for the EPA's approval action is explained in the August 16, 2023, final rulemaking action. For this detailed information, the reader is referred to the EPA's rulemaking action approving New Jersey's 2017 Periodic Emission Inventory satisfied the requirements for the 2008 ozone NAAQS periodic emission inventory pursuant to CAA Section 182(a)(3)(A). 
                    <E T="03">See</E>
                     88 FR 55576. In that action, the EPA determined that New Jersey's periodic emission inventory was based on the most current and accurate information available to the State at the time it was being developed. Additionally, the inventories comprehensively address all source categories in New Jersey's nonattainment areas and were developed consistent with the relevant ozone base year emission inventory reporting requirements based on the EPA's guidance. For those reasons, the EPA approved the 2017 emission inventories into New Jersey's SIP as meeting the requirements of CAA Section 182(a)(3)(A).
                </P>
                <P>
                    Since we agree that New Jersey's 2017 emission inventory is consistent with the ozone base year inventory reporting requirements based on EPA guidance, we are now proposing to approve New Jersey's 2017 emission inventory as fully meeting the emission inventory requirement under sections 182(a)(1) and 172(c)(3) for the New Jersey portions of the New York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area, and the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area for the 2015 8-hour ozone NAAQS.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         On November 23, 2021, NJDEP submitted this 2017 emission inventory to serve as the periodic emission inventory for the 2008 Ozone NAAQS, and to serve as the RFP base year for the 2015 Ozone NAAQS. However, within the EPA's previous action on NJ's 2017 Periodic Emission Inventory, the EPA inadvertently only approved the inventory for the 2008 NAAQS, PM
                        <E T="52">2.5</E>
                        , and Regional Haze, but did not propose to approve it for the 2015 Ozone NAAQS for either of New Jersey's ozone nonattainment areas. 
                        <E T="03">See</E>
                         88 FR 55576. Within this action we're proposing to approve that the 2017 PEI submitted by New Jersey to also serve as the base year inventory for RFP for the 2015 Ozone NAAQS for both New Jersey nonattainment areas.
                    </P>
                </FTNT>
                <P>
                    Table 2 shows the statewide summary of the 2017 annual emissions for VOC and NO
                    <E T="52">X</E>
                    . Tables 3 and 4 show the 2017 NO
                    <E T="52">X</E>
                     and VOC typical summer day emissions by category for the Northern New Jersey and Southern New Jersey ozone nonattainment areas. The actual 2017 emission inventory used the onroad and nonroad models included in MOVES2014b, which replaced MOVES2014a in August 2018. On August 16, 2023, the EPA approved New Jersey's 2017 calendar year daily and annual emission inventories for NO
                    <E T="52">X</E>
                     and VOC for the Northern New Jersey and Southern New Jersey ozone nonattainment areas, which is relevant to both the 2008 and 2015 ozone standards. 
                    <E T="03">See id.</E>
                </P>
                <GPOTABLE COLS="9" OPTS="L2,i1" CDEF="s25,8,8,8,8,8,10,8,13">
                    <TTITLE>
                        Table 2—Statewide Summary of 2017 Annual Emissions of VOC and NO
                        <E T="0732">X</E>
                    </TTITLE>
                    <TDESC>[Tons]</TDESC>
                    <BOXHD>
                        <CHED H="1">2017 New Jersey State Annual Emissions</CHED>
                        <CHED H="2"> </CHED>
                        <CHED H="2">Point</CHED>
                        <CHED H="2">Area</CHED>
                        <CHED H="2">Onroad</CHED>
                        <CHED H="2">Nonroad</CHED>
                        <CHED H="2">Biogenic</CHED>
                        <CHED H="2">Wildfire and prescribed burning</CHED>
                        <CHED H="2">
                            Total
                            <LI>for all</LI>
                            <LI>sectors</LI>
                        </CHED>
                        <CHED H="2">
                            Total
                            <LI>anthropogenic</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">VOC</ENT>
                        <ENT>6,809</ENT>
                        <ENT>81,555</ENT>
                        <ENT>28,652</ENT>
                        <ENT>25,476</ENT>
                        <ENT>88,238</ENT>
                        <ENT>5,690</ENT>
                        <ENT>236,420</ENT>
                        <ENT>142,492</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            NO
                            <E T="0732">X</E>
                        </ENT>
                        <ENT>9,824</ENT>
                        <ENT>23,208</ENT>
                        <ENT>60,681</ENT>
                        <ENT>40,215</ENT>
                        <ENT>2,045</ENT>
                        <ENT>346</ENT>
                        <ENT>136,319</ENT>
                        <ENT>133,928</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="56687"/>
                <GPOTABLE COLS="9" OPTS="L2,i1" CDEF="s25,8,8,8,8,8,10,8,13">
                    <TTITLE>
                        Table 3—Northern New Jersey Portion of the NJ-NY-CT Ozone Nonattainment Area 2017 Emission Inventory of VOC and NO
                        <E T="0732">X</E>
                    </TTITLE>
                    <TDESC>[Tons per summer day]</TDESC>
                    <BOXHD>
                        <CHED H="1">County</CHED>
                        <CHED H="1">Point sources</CHED>
                        <CHED H="1">Area sources</CHED>
                        <CHED H="1">Onroad sources</CHED>
                        <CHED H="1">Nonroad sources</CHED>
                        <CHED H="1">Biogenic</CHED>
                        <CHED H="1">Wildfire and prescribed burning</CHED>
                        <CHED H="1">Total</CHED>
                        <CHED H="1">
                            Total
                            <LI>anthropogenic</LI>
                        </CHED>
                    </BOXHD>
                    <ROW EXPSTB="08" RUL="s">
                        <ENT I="21">
                            <E T="02">VOC (tons per summer day)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Bergen</ENT>
                        <ENT>2.11</ENT>
                        <ENT>23.83</ENT>
                        <ENT>9.06</ENT>
                        <ENT>7.42</ENT>
                        <ENT>4.06</ENT>
                        <ENT>0.08</ENT>
                        <ENT>46.56</ENT>
                        <ENT>42.42</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Essex</ENT>
                        <ENT>1.06</ENT>
                        <ENT>17.97</ENT>
                        <ENT>6.11</ENT>
                        <ENT>4.76</ENT>
                        <ENT>2.39</ENT>
                        <ENT>NA</ENT>
                        <ENT>32.30</ENT>
                        <ENT>29.90</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hudson</ENT>
                        <ENT>1.71</ENT>
                        <ENT>15.46</ENT>
                        <ENT>3.52</ENT>
                        <ENT>2.75</ENT>
                        <ENT>1.03</ENT>
                        <ENT>NA</ENT>
                        <ENT>24.47</ENT>
                        <ENT>23.44</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hunterdon</ENT>
                        <ENT>0.13</ENT>
                        <ENT>4.00</ENT>
                        <ENT>1.74</ENT>
                        <ENT>1.74</ENT>
                        <ENT>10.58</ENT>
                        <ENT>0.04</ENT>
                        <ENT>18.23</ENT>
                        <ENT>7.60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Middlesex</ENT>
                        <ENT>15.89</ENT>
                        <ENT>22.32</ENT>
                        <ENT>8.23</ENT>
                        <ENT>5.41</ENT>
                        <ENT>5.82</ENT>
                        <ENT>0.03</ENT>
                        <ENT>57.71</ENT>
                        <ENT>51.86</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Monmouth</ENT>
                        <ENT>0.44</ENT>
                        <ENT>16.55</ENT>
                        <ENT>6.83</ENT>
                        <ENT>5.46</ENT>
                        <ENT>12.38</ENT>
                        <ENT>0.20</ENT>
                        <ENT>41.85</ENT>
                        <ENT>29.28</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Morris</ENT>
                        <ENT>0.50</ENT>
                        <ENT>14.09</ENT>
                        <ENT>5.25</ENT>
                        <ENT>4.96</ENT>
                        <ENT>14.41</ENT>
                        <ENT>0.07</ENT>
                        <ENT>39.30</ENT>
                        <ENT>24.81</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Passaic</ENT>
                        <ENT>0.77</ENT>
                        <ENT>12.15</ENT>
                        <ENT>3.98</ENT>
                        <ENT>2.59</ENT>
                        <ENT>8.36</ENT>
                        <ENT>0.14</ENT>
                        <ENT>27.99</ENT>
                        <ENT>19.49</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Somerset</ENT>
                        <ENT>0.89</ENT>
                        <ENT>9.44</ENT>
                        <ENT>3.38</ENT>
                        <ENT>3.77</ENT>
                        <ENT>7.44</ENT>
                        <ENT>0.02</ENT>
                        <ENT>24.94</ENT>
                        <ENT>17.48</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sussex</ENT>
                        <ENT>0.16</ENT>
                        <ENT>3.93</ENT>
                        <ENT>1.54</ENT>
                        <ENT>1.59</ENT>
                        <ENT>17.30</ENT>
                        <ENT>0.15</ENT>
                        <ENT>24.66</ENT>
                        <ENT>7.21</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Union</ENT>
                        <ENT>3.23</ENT>
                        <ENT>13.89</ENT>
                        <ENT>5.06</ENT>
                        <ENT>3.20</ENT>
                        <ENT>2.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>27.39</ENT>
                        <ENT>25.38</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Warren</ENT>
                        <ENT>0.31</ENT>
                        <ENT>3.30</ENT>
                        <ENT>1.40</ENT>
                        <ENT>0.93</ENT>
                        <ENT>11.71</ENT>
                        <ENT>0.08</ENT>
                        <ENT>17.73</ENT>
                        <ENT>5.94</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="03">Total in Northern NAA Area</ENT>
                        <ENT>27.21</ENT>
                        <ENT>156.93</ENT>
                        <ENT>56.10</ENT>
                        <ENT>44.58</ENT>
                        <ENT>97.48</ENT>
                        <ENT>0.82</ENT>
                        <ENT>383.12</ENT>
                        <ENT>284.82</ENT>
                    </ROW>
                    <ROW EXPSTB="08" RUL="s">
                        <ENT I="21">
                            <E T="02">NO</E>
                            <E T="0735">X</E>
                              
                            <E T="02">(tons per summer day)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Bergen</ENT>
                        <ENT>2.16</ENT>
                        <ENT>2.84</ENT>
                        <ENT>15.71</ENT>
                        <ENT>10.03</ENT>
                        <ENT>0.07</ENT>
                        <ENT>0.01</ENT>
                        <ENT>30.82</ENT>
                        <ENT>30.74</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Essex</ENT>
                        <ENT>3.74</ENT>
                        <ENT>2.26</ENT>
                        <ENT>11.56</ENT>
                        <ENT>13.99</ENT>
                        <ENT>0.06</ENT>
                        <ENT>NA</ENT>
                        <ENT>31.61</ENT>
                        <ENT>31.55</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hudson</ENT>
                        <ENT>0.85</ENT>
                        <ENT>1.81</ENT>
                        <ENT>6.26</ENT>
                        <ENT>17.89</ENT>
                        <ENT>0.03</ENT>
                        <ENT>NA</ENT>
                        <ENT>26.85</ENT>
                        <ENT>26.82</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hunterdon</ENT>
                        <ENT>1.36</ENT>
                        <ENT>0.39</ENT>
                        <ENT>5.00</ENT>
                        <ENT>2.66</ENT>
                        <ENT>0.46</ENT>
                        <ENT>0.00</ENT>
                        <ENT>9.88</ENT>
                        <ENT>9.42</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Middlesex</ENT>
                        <ENT>7.02</ENT>
                        <ENT>2.55</ENT>
                        <ENT>18.72</ENT>
                        <ENT>8.92</ENT>
                        <ENT>0.21</ENT>
                        <ENT>0.00</ENT>
                        <ENT>37.43</ENT>
                        <ENT>37.21</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Monmouth</ENT>
                        <ENT>0.42</ENT>
                        <ENT>1.85</ENT>
                        <ENT>10.15</ENT>
                        <ENT>10.54</ENT>
                        <ENT>0.41</ENT>
                        <ENT>0.01</ENT>
                        <ENT>23.38</ENT>
                        <ENT>22.95</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Morris</ENT>
                        <ENT>0.72</ENT>
                        <ENT>1.78</ENT>
                        <ENT>10.48</ENT>
                        <ENT>4.88</ENT>
                        <ENT>0.16</ENT>
                        <ENT>0.00</ENT>
                        <ENT>18.03</ENT>
                        <ENT>17.86</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Passaic</ENT>
                        <ENT>0.15</ENT>
                        <ENT>1.25</ENT>
                        <ENT>5.37</ENT>
                        <ENT>3.49</ENT>
                        <ENT>0.07</ENT>
                        <ENT>0.01</ENT>
                        <ENT>10.34</ENT>
                        <ENT>10.26</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Somerset</ENT>
                        <ENT>4.62</ENT>
                        <ENT>1.16</ENT>
                        <ENT>7.70</ENT>
                        <ENT>4.18</ENT>
                        <ENT>0.27</ENT>
                        <ENT>0.00</ENT>
                        <ENT>17.93</ENT>
                        <ENT>17.66</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sussex</ENT>
                        <ENT>0.10</ENT>
                        <ENT>0.42</ENT>
                        <ENT>1.84</ENT>
                        <ENT>1.38</ENT>
                        <ENT>0.27</ENT>
                        <ENT>0.01</ENT>
                        <ENT>4.02</ENT>
                        <ENT>3.74</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Union</ENT>
                        <ENT>8.20</ENT>
                        <ENT>1.49</ENT>
                        <ENT>9.57</ENT>
                        <ENT>5.35</ENT>
                        <ENT>0.05</ENT>
                        <ENT>0.00</ENT>
                        <ENT>24.67</ENT>
                        <ENT>24.62</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Warren</ENT>
                        <ENT>0.74</ENT>
                        <ENT>0.30</ENT>
                        <ENT>3.95</ENT>
                        <ENT>0.91</ENT>
                        <ENT>0.30</ENT>
                        <ENT>0.01</ENT>
                        <ENT>6.21</ENT>
                        <ENT>5.91</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total in Northern NAA Area</ENT>
                        <ENT>30.08</ENT>
                        <ENT>18.12</ENT>
                        <ENT>106.31</ENT>
                        <ENT>84.23</ENT>
                        <ENT>2.35</ENT>
                        <ENT>0.06</ENT>
                        <ENT>241.15</ENT>
                        <ENT>238.75</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="9" OPTS="L2,i1" CDEF="s25,8,8,8,8,8,10,8,13">
                    <TTITLE>
                        Table 4—Southern New Jersey Portion PA-NJ-MD-DE Ozone Nonattainment Area 2017 Emission Inventory of VOC and NO
                        <E T="0732">X</E>
                    </TTITLE>
                    <TDESC>[Tons per summer day]</TDESC>
                    <BOXHD>
                        <CHED H="1">County</CHED>
                        <CHED H="1">Point sources</CHED>
                        <CHED H="1">Area sources</CHED>
                        <CHED H="1">Onroad sources</CHED>
                        <CHED H="1">Nonroad sources</CHED>
                        <CHED H="1">Biogenic</CHED>
                        <CHED H="1">Wildfire and prescribed burning</CHED>
                        <CHED H="1">Total</CHED>
                        <CHED H="1">
                            Total
                            <LI>anthropogenic</LI>
                        </CHED>
                    </BOXHD>
                    <ROW EXPSTB="08" RUL="s">
                        <ENT I="21">
                            <E T="02">VOC (tons per summer day)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Atlantic</ENT>
                        <ENT>0.08</ENT>
                        <ENT>7.27</ENT>
                        <ENT>2.60</ENT>
                        <ENT>3.59</ENT>
                        <ENT>40.71</ENT>
                        <ENT>0.92</ENT>
                        <ENT>55.17</ENT>
                        <ENT>13.54</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Burlington</ENT>
                        <ENT>1.06</ENT>
                        <ENT>13.70</ENT>
                        <ENT>4.73</ENT>
                        <ENT>4.26</ENT>
                        <ENT>50.31</ENT>
                        <ENT>0.14</ENT>
                        <ENT>74.20</ENT>
                        <ENT>23.75</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Camden</ENT>
                        <ENT>0.67</ENT>
                        <ENT>12.56</ENT>
                        <ENT>4.62</ENT>
                        <ENT>2.55</ENT>
                        <ENT>15.62</ENT>
                        <ENT>0.10</ENT>
                        <ENT>36.12</ENT>
                        <ENT>20.40</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cape May</ENT>
                        <ENT>0.08</ENT>
                        <ENT>2.98</ENT>
                        <ENT>1.04</ENT>
                        <ENT>3.69</ENT>
                        <ENT>14.71</ENT>
                        <ENT>0.06</ENT>
                        <ENT>22.57</ENT>
                        <ENT>7.79</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cumberland</ENT>
                        <ENT>0.43</ENT>
                        <ENT>6.18</ENT>
                        <ENT>1.30</ENT>
                        <ENT>1.34</ENT>
                        <ENT>27.08</ENT>
                        <ENT>0.63</ENT>
                        <ENT>36.95</ENT>
                        <ENT>9.24</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Gloucester</ENT>
                        <ENT>5.36</ENT>
                        <ENT>14.43</ENT>
                        <ENT>2.89</ENT>
                        <ENT>2.42</ENT>
                        <ENT>16.97</ENT>
                        <ENT>0.56</ENT>
                        <ENT>42.63</ENT>
                        <ENT>25.10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mercer</ENT>
                        <ENT>0.36</ENT>
                        <ENT>10.20</ENT>
                        <ENT>7.02</ENT>
                        <ENT>2.60</ENT>
                        <ENT>9.72</ENT>
                        <ENT>0.01</ENT>
                        <ENT>29.91</ENT>
                        <ENT>20.17</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Ocean</ENT>
                        <ENT>0.45</ENT>
                        <ENT>14.31</ENT>
                        <ENT>5.69</ENT>
                        <ENT>6.45</ENT>
                        <ENT>41.73</ENT>
                        <ENT>10.97</ENT>
                        <ENT>79.61</ENT>
                        <ENT>26.91</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Salem</ENT>
                        <ENT>0.62</ENT>
                        <ENT>2.74</ENT>
                        <ENT>0.74</ENT>
                        <ENT>0.76</ENT>
                        <ENT>17.21</ENT>
                        <ENT>0.03</ENT>
                        <ENT>22.10</ENT>
                        <ENT>4.85</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="03">Total in Southern NAA Area</ENT>
                        <ENT>9.10</ENT>
                        <ENT>84.37</ENT>
                        <ENT>30.63</ENT>
                        <ENT>27.66</ENT>
                        <ENT>234.06</ENT>
                        <ENT>13.43</ENT>
                        <ENT>399.25</ENT>
                        <ENT>151.76</ENT>
                    </ROW>
                    <ROW EXPSTB="08" RUL="s">
                        <ENT I="21">
                            <E T="02">NO</E>
                            <E T="0735">X</E>
                              
                            <E T="02">(tons per summer day)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Atlantic</ENT>
                        <ENT>0.35</ENT>
                        <ENT>0.82</ENT>
                        <ENT>5.51</ENT>
                        <ENT>4.56</ENT>
                        <ENT>0.26</ENT>
                        <ENT>0.07</ENT>
                        <ENT>11.57</ENT>
                        <ENT>11.24</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Burlington</ENT>
                        <ENT>1.63</ENT>
                        <ENT>1.33</ENT>
                        <ENT>8.98</ENT>
                        <ENT>5.17</ENT>
                        <ENT>0.35</ENT>
                        <ENT>0.01</ENT>
                        <ENT>17.47</ENT>
                        <ENT>17.11</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Camden</ENT>
                        <ENT>2.27</ENT>
                        <ENT>1.43</ENT>
                        <ENT>7.73</ENT>
                        <ENT>3.88</ENT>
                        <ENT>0.18</ENT>
                        <ENT>0.00</ENT>
                        <ENT>15.50</ENT>
                        <ENT>15.32</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cape May</ENT>
                        <ENT>0.11</ENT>
                        <ENT>0.30</ENT>
                        <ENT>2.06</ENT>
                        <ENT>4.27</ENT>
                        <ENT>0.18</ENT>
                        <ENT>0.00</ENT>
                        <ENT>6.92</ENT>
                        <ENT>6.73</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cumberland</ENT>
                        <ENT>1.86</ENT>
                        <ENT>0.43</ENT>
                        <ENT>2.10</ENT>
                        <ENT>2.86</ENT>
                        <ENT>0.36</ENT>
                        <ENT>0.03</ENT>
                        <ENT>7.64</ENT>
                        <ENT>7.25</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Gloucester</ENT>
                        <ENT>5.59</ENT>
                        <ENT>0.79</ENT>
                        <ENT>5.66</ENT>
                        <ENT>3.48</ENT>
                        <ENT>0.28</ENT>
                        <ENT>0.04</ENT>
                        <ENT>15.85</ENT>
                        <ENT>15.52</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mercer</ENT>
                        <ENT>1.02</ENT>
                        <ENT>1.40</ENT>
                        <ENT>3.60</ENT>
                        <ENT>4.01</ENT>
                        <ENT>0.19</ENT>
                        <ENT>0.00</ENT>
                        <ENT>10.22</ENT>
                        <ENT>10.03</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Ocean</ENT>
                        <ENT>2.02</ENT>
                        <ENT>1.34</ENT>
                        <ENT>7.90</ENT>
                        <ENT>6.37</ENT>
                        <ENT>0.26</ENT>
                        <ENT>0.46</ENT>
                        <ENT>18.35</ENT>
                        <ENT>17.63</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <PRTPAGE P="56688"/>
                        <ENT I="01">Salem</ENT>
                        <ENT>3.74</ENT>
                        <ENT>0.20</ENT>
                        <ENT>1.45</ENT>
                        <ENT>1.50</ENT>
                        <ENT>0.38</ENT>
                        <ENT>0.00</ENT>
                        <ENT>7.27</ENT>
                        <ENT>6.89</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total in Southern NAA Area</ENT>
                        <ENT>18.58</ENT>
                        <ENT>8.04</ENT>
                        <ENT>44.99</ENT>
                        <ENT>36.12</ENT>
                        <ENT>2.44</ENT>
                        <ENT>0.62</ENT>
                        <ENT>110.79</ENT>
                        <ENT>107.73</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD2">b. Reasonable Further Progress</HD>
                <P>
                    Section 182(b)(1) of the CAA and the EPA's 2008 Ozone Implementation Rule requires that States submit a reasonable further progress (RFP) demonstration for each 2008 ozone NAAQS nonattainment area classified as Moderate and above, for review and approval into its SIP, that describes how the area will achieve actual emissions reductions of VOC and NO
                    <E T="52">X</E>
                     from a baseline emissions inventory. Section 182(b)(1) of the CAA requires a State's RFP for Moderate nonattainment areas to demonstrate a 15% reduction in VOC emissions over a six-year period.
                </P>
                <P>
                    The EPA's 2008 Ozone Implementation Rule also finalized that 2008 ozone NAAQS nonattainment areas that have previously met the CAA requirement for a 15% Rate of Progress (ROP) VOC reduction plan for the entire area is not required to fulfill that requirement again. Instead, for purposes of the 2008 ozone NAAQS, the EPA interpreted the RFP requirement to require certain areas classified as Moderate to achieve an average 3 percent annual reduction in VOC and/or NO
                    <E T="52">X</E>
                     emissions for the first 6 years following the baseline.
                    <SU>7</SU>
                    <FTREF/>
                     For Serious and above areas, section 182(c)(2)(B) requires areas to obtain 15% ozone precursor emission reductions in that same 6-year period and an additional 3% per year reduction in VOC or NO
                    <E T="52">X</E>
                     emissions, averaged over consecutive 3-year periods until the attainment date.
                    <SU>8</SU>
                    <FTREF/>
                     New Jersey has previously met the 15% ROP for VOC, due to nonattainment obligations it had under the 1997 8-hour ozone standard. 
                    <E T="03">See</E>
                     86 FR 49249 (September 2, 2021). Therefore, for purposes of the 2008 ozone standard, New Jersey submitted RFP demonstrations for the Moderate and Serious classifications for its portion of the NY-NJ-CT nonattainment area showing VOC and NO
                    <E T="52">X</E>
                     emission reductions greater than the 15% requirement following six years after the 2011 base year inventory (between 2011-2017) and demonstrated a 24% reduction by the Serious classification attainment date, July 20, 2021. Note that we are only proposing action on the Moderate and Serious area RFP plans for the 2008 ozone NAAQS for the New Jersey portion of the NYMA.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements.” Final Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See Id.</E>
                    </P>
                </FTNT>
                <P>
                    In New Jersey's January 2, 2018, submission, NJDEP showed that RFP would be achieved for the Moderate classification between the 2011 baseline year and the 2017 target year by demonstrating that NO
                    <E T="52">X</E>
                     emissions would decline by 31%, and VOC emissions by 14%, within the NYMA nonattainment area. New Jersey updated its 2011 emission estimates for use within the RFP baseline inventory by using the latest version of EPA's MOVES model available at the time, MOVES 2014a, for calculation of on-road and non-road mobile source emissions. New Jersey relied on the emission projection work it had coordinated and submitted to the Mid-Atlantic Regional Air Management Association for their effort to develop a 2017 modeling platform. The projections of emissions from electrical generating units (EGUs) were conducted using the Eastern Regional Technical Advisory Committee (ERTAC). The ERTAC projection tool uses 2011 emissions data from EPA's Clean Air Market Division and growth factors developed from the U.S. Department of Energy's Energy Information Administration (EIA) data and other sources to create a 2017 emission inventory for EGUs. EPA finds that the ERTAC EGU emissions forecasts produce reasonable results for facilities within the State.
                </P>
                <P>
                    Table 5 contains a summary of the 2011 RFP baseline inventory, and 2017 projected, controlled emissions demonstrating the 14% VOC and 31% NO
                    <E T="52">X</E>
                     emission reductions for the New Jersey portion of the NY-NJ-CT nonattainment area. Although NJDEP's modeling demonstration illustrates that the NYMA did not meet the 2008 ozone standard by the Moderate area attainment date of July 20, 2018, New Jersey's RFP analysis for the NYMA 2008 ozone Moderate nonattainment area showed that projected, controlled VOC and NO
                    <E T="52">X</E>
                     emission in 2017 were well below the RFP emission target levels.
                    <SU>9</SU>
                    <FTREF/>
                     Therefore, the EPA is proposing to approve New Jersey's RFP SIP submittal for the 2008 ozone Moderate classification since it successfully meets the RFP requirement under CAA section 172(c)(2), 182(b)(1), and 40 CFR 51.1110.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Within Table 3-2, “Control Measures in the SIP Post 2011,” of New Jersey's January 2, 2018 submission, the State outlines which control measures were incorporated within the 2017 attainment modeling &amp; RFP. The control measures incorporated within the 2017 modeling include federally-approved measures adopted by the State and included in New Jersey's SIP, federally-approved programs like the State's Nonattainment New Source Review (NNSR) program, and various Federal control measures (
                        <E T="03">i.e.,</E>
                         New Source Performance Standards (NSPS), National Emission Standards of Hazardous Air Pollutants (NESHAP), etc.).
                    </P>
                </FTNT>
                <P>
                    Within New Jersey's November 23, 2021, SIP submittal, the State updated its 2008 ozone Moderate RFP demonstration by utilizing the more current 2017 actual emissions inventory. In Table 5-1, within New Jersey's November 2021 SIP submission the percent reduction of VOC and NO
                    <E T="52">X</E>
                     from the 2011 baseline to 2017 was 21% and 37%, respectively. Therefore, New Jersey's precent reduction of VOC and NO
                    <E T="52">X</E>
                     from the 2011 baseline to 2017 is 58%, which exceeds the RFP-required 15%, for the New Jersey portion of the Northern NJ-NY-CT nonattainment area. The result of New Jersey's 2017 actual emission inventory, which further illustrates that the State has demonstrated the combined reduction of VOC and NO
                    <E T="52">X</E>
                     for its 2008 ozone NAAQS Moderate classification RFP requirement, are also provided in Table 4.
                    <PRTPAGE P="56689"/>
                </P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,20,20">
                    <TTITLE>Table 5—Summary of RFP Calculations for NYMA for 2008 Ozone Moderate Classification</TTITLE>
                    <BOXHD>
                        <CHED H="1">Description</CHED>
                        <CHED H="1">
                            VOC emissions
                            <LI>(tons/ozone season day)</LI>
                        </CHED>
                        <CHED H="1">
                            NO
                            <E T="0732">X</E>
                             emissions
                            <LI>(tons/ozone season day)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            <E T="03">RFP Baseline Inventory (2011):</E>
                             NJ portion of NY-NJ-CT area
                        </ENT>
                        <ENT>360</ENT>
                        <ENT>379</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">2017 Projected, controlled emissions:</E>
                             NJ portion of NY-NJ-CT area
                        </ENT>
                        <ENT>309</ENT>
                        <ENT>261</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">2017 Actual Inventory:</E>
                             NJ portion of NY-NJ-CT area
                        </ENT>
                        <ENT>286</ENT>
                        <ENT>240</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    As mentioned previously, the RFP requirement in CAA section 182(c)(2)(B) require areas classified as Serious or higher, in addition to the ROP reductions, to achieve an additional 3% per year reduction in VOC or NO
                    <E T="52">X</E>
                     emissions, averaged over consecutive 3-year periods until the attainment date.
                    <SU>10</SU>
                    <FTREF/>
                     The New Jersey portion of the NY-NJ-CT nonattainment area was reclassified from Moderate to Serious nonattainment for the 2008 ozone NAAQS. Since the attainment date for the Serious classification was on July 20, 2021, this requires the Serious area to demonstrate 24% percent reductions by the end of the nine-year period (2011-2020) regardless of whether the area attains the NAAQS. In New Jersey's November 23, 2021, submission, NJDEP demonstrated that RFP was projected for the Serious classification between the 2011 baseline year and 2020 target year by showing that the 24% reduction requirement for RFP would be achieved through a combination of NO
                    <E T="52">X</E>
                     and VOC emission reductions through 2020.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements.” Final Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
                    </P>
                </FTNT>
                <P>
                    Table 6 contains a summary of the 2011 RFP baseline inventory, and 2020 projected, controlled emissions demonstrating that VOC emissions reduced by 25% and NO
                    <E T="52">X</E>
                     emissions reduced by 47% within the New Jersey portion of the NY-NJ-CT nonattainment area. Because RFP requirements for the NYMA Serious nonattainment area can be satisfied with reductions in either NO
                    <E T="52">X</E>
                     or VOC emissions, New Jersey was able to project an emission reduction surplus from the 24% requirement. Although NJDEP's modeling demonstration and 2020 Design Values (DVs) illustrated that the NYMA did not attaint the ozone NAAQS by the Serious area attainment date of July 20, 2021, New Jersey's RFP calculations for the NYMA Serious nonattainment area showed that the 24% reduction requirement was achieved through a combination of NO
                    <E T="52">X</E>
                     and VOC emission reductions through 2020.
                    <SU>11</SU>
                    <FTREF/>
                     Therefore, the EPA is proposing to approve New Jersey's RFP SIP submission for the Serious classification for 2008 ozone since it successfully meets the RFP requirement under CAA section 182(c)(2)(B) and 40 CFR 51.1110.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         Within Table 3-2, “Control Measures in the SIP Post 2011,” of New Jersey's November 23, 2021 submission, the State outlines which control measures were incorporated within the 2020 attainment modeling &amp; RFP. The control measures incorporated within the 2020 modeling include federally-approved measures adopted by the State, federally-approved programs like the State's Nonattainment New Source Review (NNSR) program, and various Federal control measures (
                        <E T="03">i.e.,</E>
                         New Source Performance Standards (NSPS), National Emission Standards of Hazardous Air Pollutants (NESHAP), etc.).
                    </P>
                </FTNT>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,20,20">
                    <TTITLE>Table 6—Summary of RFP Calculations for NYMA for 2008 Ozone Serious Classification</TTITLE>
                    <BOXHD>
                        <CHED H="1">Description</CHED>
                        <CHED H="1">
                            VOC emissions
                            <LI>(tons/summer day)</LI>
                        </CHED>
                        <CHED H="1">
                            NO
                            <E T="0732">X</E>
                             emissions
                            <LI>(tons/summer day)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            <E T="03">RFP Baseline Inventory (2011):</E>
                             NY portion of NY-NJ-CT area
                        </ENT>
                        <ENT>360</ENT>
                        <ENT>379</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">2020 Projected, controlled emissions:</E>
                             NY portion of NY-NJ-CT area
                        </ENT>
                        <ENT>271</ENT>
                        <ENT>201</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD2">c. Motor Vehicle Emissions Budgets</HD>
                <P>
                    Transportation conformity is required by section 176(c) of the CAA. Conformity to a SIP means conformity to an implementation plan's purpose of eliminating or reducing the severity and number of violations of the NAAQS and achieving expeditious attainment of the NAAQS, and that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS or any interim milestones. 
                    <E T="03">See</E>
                     CAA 176(c)(1)(A) and (B). The EPA's transportation conformity rule at 40 CFR part 93, subpart A requires that transportation plans, programs and projects conform to SIPs and establishes the criteria and procedures for determining whether or not they conform. To accomplish its purpose, the transportation conformity rule requires a demonstration that emissions from the metropolitan planning organization's (MPO's) Regional Transportation Plan (RTP), and Transportation Improvement Program (TIP) do not exceed the motor vehicle emission budgets (“budgets”) contained in the control strategy SIP revision or maintenance plan. 
                    <E T="03">See</E>
                     40 CFR 93.101, 93.118, and 93.124. The term “motor vehicle emissions budget” is defined in 40 CFR 93.101 as “that portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions.”
                </P>
                <P>
                    In New Jersey's January 2, 2018, comprehensive SIP submittal, the State established the 2017 RFP motor vehicle emission budgets for VOCs and NO
                    <E T="52">X</E>
                     within the New Jersey portion of the NY-NJ-CT nonattainment area for the 2008 8-hour ozone Moderate classification. Table 7 lists the New Jersey 2017 motor vehicle emission budgets. These budgets are based on MOVES2014a, which was the latest version of the model available when New Jersey prepared them.
                    <PRTPAGE P="56690"/>
                </P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,20C,20C">
                    <TTITLE>Table 7—Motor Vehicle Emission Budgets in New Jersey's 2008 Ozone Moderate RFP Plans</TTITLE>
                    <BOXHD>
                        <CHED H="1">Description</CHED>
                        <CHED H="1">
                            NO
                            <E T="0732">X</E>
                            <LI>(tons/summer day)</LI>
                        </CHED>
                        <CHED H="1">
                            VOC
                            <LI>(tons/summer day)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            <E T="03">2017 8-Hour Ozone Motor Vehicle Emission Budgets:</E>
                             NJ portion of NY-NJ-CT area
                        </ENT>
                        <ENT>103.22</ENT>
                        <ENT>48.69</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    On August 16, 2018, the EPA issued a letter to New Jersey in which we stated that the budgets for the New Jersey portion of the NY-NJ-CT area were adequate for use in transportation conformity determinations. Additionally, the EPA published an announcement of this adequacy finding in the 
                    <E T="04">Federal Register</E>
                     on September 25, 2018. 
                    <E T="03">See</E>
                     83 FR 48384. Within the letter, and subsequently described in the notice, the EPA determined that New Jersey's 2017 motor vehicle emission budgets were adequate for transportation conformity purposes as outlined in the transportation conformity regulation at 40 CFR 93.118(e)(4). In this action the EPA is proposing to approve the 2008 ozone Moderate RFP motor vehicle emission budgets established for the New Jersey portion of the NY-NJ-CT area for 2017. The EPA is proposing to approve these budgets because EPA has now completed its review of the overall 2008 ozone Moderate RFP plan which demonstrates the required VOC/NO
                    <E T="52">X</E>
                     emission reduction from the 2011 baseline year under CAA Section 172(c)(2), 182(b)(1), and 40 CFR 51.1110. Based on EPA's review of the budgets and the RFP submission, EPA proposes to determine the budgets are consistent with the applicable RFP requirements.
                </P>
                <P>
                    Also, in New Jersey's November 23, 2021, comprehensive SIP submittal, the State established the 2020 RFP motor vehicle emission budgets for VOCs and NO
                    <E T="52">X</E>
                     within the New Jersey portion of the NY-NJ-CT nonattainment area for the 2008 8-hour ozone Serious classification. These budgets are based on MOVES2014b, which was the latest version of the model available when New Jersey prepared them. Table 8 lists the New Jersey 2020 motor vehicle emission budgets.
                </P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s50,20C,20C">
                    <TTITLE>Table 8—Motor Vehicle Emission Budgets in New Jersey's 2008 Ozone Serious RFP Plans</TTITLE>
                    <BOXHD>
                        <CHED H="1">Description</CHED>
                        <CHED H="1">
                            NO
                            <E T="0732">X</E>
                            <LI>(tons/summer day)</LI>
                        </CHED>
                        <CHED H="1">
                            VOC
                            <LI>(tons/summer day)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            <E T="03">2020 8-Hour Ozone Motor Vehicle Emission Budgets:</E>
                             NJ portion of NY-NJ-CT area
                        </ENT>
                        <ENT>76.77</ENT>
                        <ENT>42.46</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    On January 18, 2023, the EPA issued a letter to New Jersey in which we stated that the budgets for the New Jersey portion of the NY-NJ-CT area were adequate for use in transportation conformity determinations. Additionally, the EPA published an announcement of this adequacy finding in the 
                    <E T="04">Federal Register</E>
                     on March 13, 2023. 
                    <E T="03">See</E>
                     88 FR 15390. Within that notice, the EPA determined that New Jersey's 2020 motor vehicle emission budgets were adequate for transportation conformity purposes as outlined in the transportation conformity regulation at 40 CFR 93.118(e)(4). In this action the EPA is proposing to approve the 2008 ozone Serious RFP motor vehicle emission budgets established for the New Jersey portion of the NY-NJ-CT area. The EPA is proposing to approve the 2020 budgets established for the New Jersey portion of the NY-NJ-CT nonattainment area since these budgets are based MOVES model runs conducted by the State for 2020. In New Jersey's 2017 periodic emission inventory, the emissions from onroad sources are calculated by multiplying activity levels (including vehicle starts, operation times, speeds and miles traveled) by emission factors. The activity estimates are generated by the MPOs using their travel demand models (TDM). The onroad source emissions are then calculated using the latest version of MOVES. As discussed elsewhere in this proposal, the EPA determined that New Jersey's 2017 periodic emission inventory is consistent with EPA guidance.
                    <SU>12</SU>
                    <FTREF/>
                     Therefore, the EPA is also proposing to approve these budgets because EPA has now completed its review of the overall 2008 ozone Serious RFP plan which demonstrates the required VOC/NO
                    <E T="52">X</E>
                     emission reduction from the 2011 baseline year under CAA Section 182(c)(2)(B) and 40 CFR 51.1110. Based on EPA's review of the budgets and the RFP submission, EPA proposes to determine the budgets are consistent with the applicable RFP requirements.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         New Jersey's approach used to calculate the Transportation Conformity Budgets is the same used to calculate the emission inventories. New Jersey's calculation approach is described in detail in Appendix 4-6 of the State's November 23, 2021 SIP submission.
                    </P>
                </FTNT>
                <P>EPA is proposing to approve both the 2017 budgets for the Moderate classification of the 2008 ozone NAAQS, and the 2020 budgets for the Serious classification of the 2008 ozone NAAQS, because based on its evaluation of the RFP submissions and the budgets, EPA considers these budgets to meet the six adequacy criteria found in the transportation conformity regulation at 40 CFR 93.118(e)(4). These budgets were subject to a state public hearing before being submitted to EPA. Consultation among Federal, State, and local agencies occurred in their development. The budgets are clearly identified and precisely quantified, as shown in Tables 7 and 8 above. When considered together with all other emissions sources, the budgets are consistent with the requirements for reasonable further progress, and they are consistent with and clearly related to the emissions inventory and the measures in the relevant SIP submissions. The last criterion is that revisions to previous submitted budgets have been explained and documented; in this case, these budgets have not been revised.</P>
                <HD SOURCE="HD2">d. Emission Statement Program Certification</HD>
                <P>
                    In New Jersey's November 2021 SIP submittal, the State certifies that its state-wide rules at N.J.A.C. 7:27-21 continues to satisfy Federal requirements for an emission statement program for the 2008 75 ppb 8-hour ozone NAAQS. The EPA most recently approved New Jersey's regulation at N.J.A.C. 7:27-21 for satisfying the requirement of an emission statement program for the 2008 8-hour ozone NAAQS on October 9, 2018. 
                    <E T="03">See</E>
                     83 FR 50507.
                </P>
                <P>
                    The EPA stated in the 2008 ozone implementation rule that if an area has 
                    <PRTPAGE P="56691"/>
                    a previously approved emission statement rule in force for the 1997 ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of the nonattainment area for the 2008 ozone NAAQS, such rule should be sufficient for purposes of the emissions statement requirement for the 2008 ozone NAAQS. 
                    <E T="03">See</E>
                     80 FR 12264.
                </P>
                <P>
                    N.J.A.C. 7:27 Subchapter 21, “Emission Statements,” requires the submission of annual emission statements from major facilities including stationary sources of VOCs or NO
                    <E T="52">X</E>
                     that emit 10 tons or 25 tons a year, respectively.
                    <SU>13</SU>
                    <FTREF/>
                     The emission statements submitted to the Department are required to include actual emissions of VOC and NO
                    <E T="52">X</E>
                     in tons during the ozone season (May 1st-September 30th), and in pounds per day during the peak ozone season (June 1st-August 31st). From these statements, the NJDEP develops reports of emissions of all criteria pollutants and submits them to the EPA pursuant to the Federal Air Emission Reporting Requirements (AERR) Rule for uploading to the EPA's National Emission Inventory (NEI).
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Facilities that are not applicable to New Jersey's Emission Statement Program are still included the State's 2017 Emission Inventory as area sources. The VOC and NO
                        <E T="52">X</E>
                         emission from area source categories were calculated by multiplying a USEPA published emission factor by a known indicator of activity for each source category, such as employment, population and fuel usage. A calculation methodology sheet was produced by New Jersey to document the data used to estimate the emissions from each source category. The calculation methodology is outlined in Appendix 10-1 of the State's November 2021 SIP submission and is included within the docket of this rulemaking.
                    </P>
                </FTNT>
                <P>
                    New Jersey certifies that the emission statement requirement of CAA Section 182(a)(3)(b) continues to be fully addressed through N.J.A.C. 7:27-21 
                    <SU>14</SU>
                    <FTREF/>
                     that is applicable state-wide. Therefore, the EPA is proposing to approve New Jersey's emission statement certification that the previously approved SIP element fully meets the requirements of the CAA for the Serious classification of the 2008 8-hour ozone NAAQS for the New Jersey portion of the NYMA nonattainment area. The EPA determines that the State's previously approved emission statement program is certified to meet the requirements for the Serious classification of the 2008 Ozone NAAQS, since the program collects actual VOC and NO
                    <E T="52">X</E>
                     emission in tons per ozone season day, released from major sources that emit or have the potential to emit 10 or 25 tons per year of VOC or NO
                    <E T="52">X</E>
                    , respectively. 
                    <E T="03">See</E>
                     Appendix A to subpart A of part 51, Title 40. The EPA approved a revision to Subchapter 21 into New Jersey's SIP on November 28, 2023. 
                    <E T="03">See</E>
                     88 FR 83036.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         The EPA approved N.J.A.C. 7:27 Subchapter 21 on August 3, 2010 for the 1997 85 ppb 8-hour ozone NAAQS. (75 FR 45483)
                    </P>
                </FTNT>
                <HD SOURCE="HD2">e. Ozone Nonattainment New Source Review (NNSR)</HD>
                <P>
                    New Jersey affirmed in its November 23, 2021, submittal that the State's NNSR program remains in effect statewide with a major source applicability threshold of 25 tpy of VOC and NO
                    <E T="52">X</E>
                    , respectively. This major source applicability threshold is consistent with the State's former classification of Severe for the 1-hour ozone standard in accordance with requirements for anti-backsliding provisions at CAA section 172(e). At submittal of the State's comprehensive November 2021 SIP revision, New Jersey continued to be nonattainment for the 1997, 2008 and 2015 8-hour ozone standards at lower classifications than the 1-hour ozone standards. Also, since New Jersey is located entirely in the OTR, regardless of the area's designation status, NNSR applies state-wide for emissions of ozone precursor pollutants, VOC and NO
                    <E T="52">X</E>
                    , for new major facilities or modifications to existing major or minor sources. In New Jersey's November 2021 submission, the State certifies that its existing NNSR rules codified at N.J.A.C. 7:27-18, “Control and Prohibition of Air Pollution from New or Altered Sources Affecting Ambient Air Quality,” which regulates the New Jersey portions of the Northern NJ-NY-CT and Southern NJ-PA-DE-MD nonattainment areas for the 2008 75 ppb and 2015 70 ppb 8-hour Ozone NAAQS are at least as stringent as the Federal requirements at 40 CFR 51.165 for ozone and its precursors for the State's classification in its northern and southern areas. 
                    <E T="03">See</E>
                     80 FR 12264 (March 6, 2015). The EPA approved a revision to Subchapter 18 into New Jersey's SIP on November 28, 2023. 
                    <E T="03">See</E>
                     88 FR 83036.
                </P>
                <P>
                    Permits to construct new major sources or to conduct major modifications to existing major sources in New Jersey must meet NNSR requirements, including offsetting increases in emissions from the new major source or major modification to a major existing source and applying the Lowest Achievable Emissions Rate (LAER) to determine emission limits. LAER is more stringent than RACT; it requires deriving the permit's emission limit for the nonattainment pollutant at issue from the most stringent emission limit in any SIP for that source category or from the most stringent limit achieved in practice by that source category.
                    <SU>15</SU>
                    <FTREF/>
                     Emissions increases from the new major source or major modification to an existing major source are offset by obtaining “emission reduction credits” (ERCs) or “offsets” generated from reductions in actual emissions of the nonattainment pollutant at issue from existing sources. The required number of offsets needed is determined by applying the ratio for the applicable nonattainment area designation established in CAA section 182.
                    <SU>16</SU>
                    <FTREF/>
                     Furthermore, New Jersey certified in its November 23, 2021, submittal that the State also relies upon Federal rules such as the National Emission Standards for Hazardous Air Pollutants (NESHAPs) regulated under CAA section 112. NESHAPs establish the need to use Maximum Achievable Control Technology (MACT), which may be more stringent than RACT, to control hazardous air pollutants.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         40 CFR 51.165(a)(1)(x).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         The offset ratio for moderate nonattainment areas is 1.15 to 1 (CAA 182(b)(5); the offset ratio for serious areas is 1.2:1 (CAA 182)(c)(10); and the offset ratio for severe areas is 1.2:1 (182)(d)(2).
                    </P>
                </FTNT>
                <P>
                    The EPA is proposing to approve New Jersey's certification that NNSR applies state-wide for NO
                    <E T="52">X</E>
                     and VOC emissions from stationary sources and fully meets the requirements of the CAA for the State's Serious classification in the NYMA area for the 2008 Ozone NAAQS and for the Moderate classification in the NYMA for the 2015 Ozone NAAQS. Within this action, the EPA is also proposing to approve New Jersey that the State has satisfied the NNSR requirements as it relates to the 2015 Ozone NAAQS Marginal classification for the New Jersey portion of the Philadelphia-Wilmington-Atlantic City nonattainment area since the State's NNSR requirements are at least as stringent as the Federal requirements at 40 CFR 51.165 for ozone and its precursors. Since New Jersey's NNSR program is applicable statewide, the EPA is also proposing to approve that New Jersey has satisfied the statewide NNSR requirement as it relates to the OTR for the 2015 Ozone NAAQS pursuant to CAA Section 184(b)(2).
                </P>
                <HD SOURCE="HD2">f. Clean Fuels for Fleets</HD>
                <P>
                    Clean Air Act Section 182(c)(4) requires States with ozone nonattainment areas classified as Serious or above with 1980 populations greater than 250,000 to submit a SIP revision to either “include such measures as may be necessary to ensure the effectiveness of the applicable provisions of the clean-fuel vehicle program prescribed under part C of subchapter II of this chapter” or to provide “a substitute for all or a portion 
                    <PRTPAGE P="56692"/>
                    of the clean-fuel vehicle program prescribed under part C of subchapter II of this chapter.” The Clean Fuel Fleets requirement was adopted as part of the 1990 Clean Air Act Amendments and was designed to improve air quality and introduce clean burning fuels into the market.
                </P>
                <P>
                    Clean Air Act Sections 243 and 245 included numerical emissions standards for the Clean Fuel Fleets light- and heavy-duty vehicles that were intended to encourage innovation, encourage the purchase of cleaner fleet vehicles and reduce emissions for fleets of motor vehicles in ozone nonattainment areas classified as Serious or above as compared to conventionally fueled vehicles available at the time.
                    <SU>17</SU>
                    <FTREF/>
                     On April 28, 2014, the EPA promulgated Tier 3 motor vehicle emissions and fuel standards for light-duty vehicles, light-duty trucks, medium-duty passenger trucks, and heavy-duty vehicles. 
                    <E T="03">See</E>
                     79 FR 23414. With the continued implementation of both Tier 3 light-duty standards (40 CFR part 86, subpart S) and heavy-duty vehicle standards (40 CFR part 1036), the Clean Fuel Fleets standards became either less stringent than or equivalent to the standards that apply to vehicles and engines today.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         CAA sections 241(5) “Definition of a Covered Fleet” and 246(b) “Phase-in Requirements” require that Clean Fuel Fleets Programs (CFFPs) apply to fleets of 10 or more vehicles that are capable of being centrally fueled.
                    </P>
                </FTNT>
                <P>
                    Because the Clean Air Act continues to require clean fuel vehicle programs in Serious and above ozone nonattainment areas, on June 29, 2021, the EPA revised the Clean Fuel Fleets requirements in 40 CFR part 88, to provide compliance options allowing vehicles and engines certified to current standards to be deemed to comply with the Clean Fuel Fleets standards as Ultra Low-Emission Vehicles. 
                    <E T="03">See</E>
                     86 FR 34308 (June 29, 2021). This approach enables States to address the Clean Fuel Fleets requirements by describing in a SIP that any new light- or heavy-duty vehicle purchased today are certified to current standards under 40 CFR part 86 and 40 CFR part 1036.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         EPA issued guidance to States on how to address the Clean Fuel Fleets requirement. “Guidance for Fulfilling the Clean Fuel Fleets Requirement of the Clean Air Act” (June 2022, EPA-420-B-22-027). 
                        <E T="03">See https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P10155SA.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    New Jersey affirmed in its November 23, 2021, submittal that the State has satisfied the requirements for clean fuels for fleets. Table 3-2 of New Jersey's SIP submittal summarizes the post-2011 control measures implemented within New Jersey's State Implementation Plan. The table outlines the sector in which these control measures are applicable and if the measure is State or federally imposed. Within this table, New Jersey affirms that on-road motor vehicles within the State including light-duty vehicles, light-duty trucks, medium-duty passenger trucks, and heavy-duty vehicles comply with the Federal emission standards promulgated under 40 CFR part 86, subpart S and 40 CFR part 1036.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         On February 5, 2024, NJDEP supplemented their initial November 2021 SIP submittal with a clarification letter which further addresses the Clean Fuel Fleets requirement for the New Jersey portion of the NYMA. In the letter, NJDEP certifies that new vehicles and engines sold within the State comply with current emission standards under 40 CFR part 86, subpart S. A copy of NJDEP's Clean Fuel Fleets clarification letter can be found in the docket of this rulemaking.
                    </P>
                </FTNT>
                <P>The EPA is proposing to approve New Jersey's certification that the State has satisfied the requirements for clean fuels for fleets under the Clean Air Act for the 2008 8-hour ozone NAAQS. New Jersey's program demonstrates that any new light- or heavy-duty vehicle purchased today are certified to current or are more stringent than Federal standards, 40 CFR part 86, subpart S or 40 CFR part 1036, and thus is deemed to comply with the Clean Fuel Fleets requirement as Ultra Low-Emission Vehicles.</P>
                <HD SOURCE="HD1">IV. Proposed Action</HD>
                <P>In this rule, the EPA is proposing to approve portions of a comprehensive SIP revision submitted by the State of New Jersey on November 23, 2021, certifying that the State has satisfied the requirements for an ozone NNSR program for the Serious classification of the 2008 Ozone NAAQS, both Marginal and Moderate classifications and OTR requirements for the 2015 Ozone NAAQS, certifying that the State has satisfied the requirements for a nonattainment emission inventory for the 2015 Ozone NAAQS, certifying that the State has satisfied the requirements of an emission statement program for the 2008 Ozone Serious classification for the NYMA, and certifying that the State has satisfied the requirements for clean fuels for fleets for the 2008 Ozone NAAQS Serious classification for its portion of the NYMA. The EPA is also proposing to approve New Jersey's reasonable further progress plans and associated motor vehicle emission budgets for both the Moderate and Serious classifications of the 2008 Ozone NAAQS in the NYMA.</P>
                <P>
                    EPA is soliciting public comments on the issues discussed in this notice. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the 
                    <E T="02">ADDRESSES</E>
                     section of this 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <HD SOURCE="HD1">V. Environmental Justice Considerations</HD>
                <P>New Jersey provided a supplement to the SIP submission being proposed for approval with this rulemaking on June 6, 2024. The supplemental submission briefed the EPA on Environmental Justice (EJ) considerations within New Jersey by detailing the State's programs and initiatives addressing the needs of communities with EJ concerns that have been ongoing since 1998. Although New Jersey included environmental justice considerations as part of its SIP submittal, the CAA and applicable implementing regulations neither prohibit nor require such an evaluation.</P>
                <P>In its supplement, New Jersey discussed how the State has been addressing the needs of communities with EJ concerns since 1998, including assisting in the creation of the Environmental Equity Task Force, which later evolved into the Environmental Justice Advisory Council (EJAC). EJAC and its predecessor have held regular meetings that include EJ advocates and the New Jersey Department of Environmental Protection (NJDEP) to discuss and address issues of concern.</P>
                <P>New Jersey has also noted that the State has implemented numerous initiatives, collaborations, Administrative Orders and Executive Orders to address the needs and concerns of overburdened communities. New Jersey provided a timeline of the EJ actions implemented by the State, both prior to the SIP submittals on January 2, 2018, and November 23, 2021, and subsequent to it, to note its continued attention to environmental justice in the State.</P>
                <P>New Jersey's Administrative Orders (AO) and Executive Orders (E.O.) include the State's first EJ E.O. issued by Governor James E. McGreevey in 2004 (E.O. No. 96), an EJ E.O. issued by Governor Jon Corzine in 2009 (E.O. No. 131), an EJ AO issued by NJDEP Commissioner Bob Martin in 2016 (AO 2016-08) and an EJ E.O. issued by Governor Phil Murphy in 2018 (E.O. No. 23). Notably, U.S. Senator for New Jersey, Cory Booker, introduced the first Federal EJ bill in 2017 (S.1996—Environmental Justice Act of 2017).</P>
                <P>
                    Additionally, New Jersey also created the “What's In My Community?” tool, a GIS-mapping web application that allows a user to see the air permits issued in their community. The tool also identifies overburdened communities, 
                    <PRTPAGE P="56693"/>
                    schools, hospitals, and emergency services. The public users can also see measurements from air monitors and generate a report when using the tool.
                </P>
                <P>The EPA has reviewed this material but has determined that conducting a comprehensive EJ analysis is not necessary in the context of this SIP submission for addressing planning elements for the 2008 and 2015 ozone 8-hour NAAQS, as the CAA and its applicable implementing regulations neither prohibit nor require such an evaluation of EJ in relation to the relevant requirements. Additionally, there is no evidence suggesting that this action contradicts the goals of E.O. 12898 or that it will disproportionately harm any specific group or have severe health or environmental impacts.</P>
                <P>However, the EPA expects that this action, which assesses whether New Jersey's SIP adequately addresses planning elements for the 2008 and 2015 ozone 8-hour NAAQS, will generally have a neutral impact on all populations, including communities of color and low-income groups. At the very least, it will not worsen existing air quality standards.</P>
                <P>In summary, the EPA concludes, for informational purposes only, that this proposed rule will not disproportionately harm communities with environmental justice concerns. New Jersey did evaluate EJ considerations voluntarily in its SIP submission, but the EPA's assessment of these considerations is provided for context, not as the basis for the action. The EPA is taking action under the CAA independently of the State's EJ assessment.</P>
                <HD SOURCE="HD1">VI. 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 CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely 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 approves a State program;</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
                <P>• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act.</P>
                <P>In addition, this proposed rulemaking action pertaining to New Jersey's submissions, is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).</P>
                <P>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. 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.” 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 NJDEP evaluated environmental justice as part of its SIP submittal even though the CAA and applicable implementing regulations neither prohibit nor require an evaluation. The EPA's evaluation of the NJDEP's environmental justice considerations is described above in the section titled, “Environmental Justice Considerations.” The analysis was done for the purpose of providing additional context and information about this rulemaking to the public, not as a basis of the action. The EPA is taking action under the CAA on bases independent of New Jersey's evaluation of environmental justice. In addition, there is no information in the record upon which this decision is based that is 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, Nitrogen dioxide, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.</P>
                </LSTSUB>
                <AUTH>
                    <HD SOURCE="HED">Authority: </HD>
                    <P>
                        42 U.S.C. 7401 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <NAME>Lisa Garcia,</NAME>
                    <TITLE>Regional Administrator, Region 2.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-14927 Filed 7-8-24; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R08-OAR-2023-0495; FRL-12052-01-R8]</DEPDOC>
                <SUBJECT>Air Plan Partial Approval and Partial Disapproval; North Dakota; Regional Haze State Implementation Plan for the Second Implementation Period</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 partially approve and partially disapprove the regional haze state implementation plan (SIP) revision submitted by the State of North Dakota on August 11, 2022 (North Dakota's 2022 SIP submission), as satisfying applicable requirements under the Clean Air Act (CAA) and the EPA's Regional Haze Rule (RHR) for the program's second implementation period. North Dakota's 2022 SIP submission addresses the requirement 
                        <PRTPAGE P="56694"/>
                        that states revise their long-term strategies every implementation period to make reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas. North Dakota's 2022 SIP submission also addresses other applicable requirements for the second implementation period of the regional haze program. The EPA is taking this action pursuant to the CAA.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments must be received on or before August 9, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit your comments, identified by Docket ID No. EPA-R08-OAR-2023-0495, to the Federal Rulemaking Portal: 
                        <E T="03">https://www.regulations.gov.</E>
                         Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from 
                        <E T="03">https://www.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, the full public comment policy of the EPA, 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>
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         All documents in the docket are listed in the 
                        <E T="03">https://www.regulations.gov</E>
                         index. Although listed in the index, some information is not publicly available, 
                        <E T="03">e.g.,</E>
                         CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in 
                        <E T="03">https://www.regulations.gov.</E>
                         Please email or call the person listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section if you need to make alternative arrangements for access to the docket.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Holly DeJong, Air and Radiation Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, Colorado 80202-1129, telephone number: (303) 312-6241, email address: 
                        <E T="03">dejong.holly@epa.gov;</E>
                         or Joe Stein, Air and Radiation Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, Colorado 80202-1129, telephone number: (303) 312-7078, email address: 
                        <E T="03">stein.joseph@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Throughout this document wherever “we,” “us,” or “our” is used, we mean the EPA.</P>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. What action is the EPA proposing?</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP1-2">A. History of the Regional Haze Program</FP>
                    <FP SOURCE="FP1-2">B. Roles of Agencies in Addressing Regional Haze</FP>
                    <FP SOURCE="FP1-2">C. North Dakota's First Implementation Period SIP Submissions</FP>
                    <FP SOURCE="FP1-2">D. North Dakota's Second Implementation Period SIP Submission</FP>
                    <FP SOURCE="FP-2">III. Requirements for Regional Haze Plans for the Second Implementation Period</FP>
                    <FP SOURCE="FP1-2">A. Identification of Class I Areas</FP>
                    <FP SOURCE="FP1-2">B. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress</FP>
                    <FP SOURCE="FP1-2">C. Long-Term Strategy for Regional Haze</FP>
                    <FP SOURCE="FP1-2">D. Reasonable Progress Goals</FP>
                    <FP SOURCE="FP1-2">E. Monitoring Strategy and Other State Implementation Plan Requirements</FP>
                    <FP SOURCE="FP1-2">F. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</FP>
                    <FP SOURCE="FP1-2">G. Requirements for Federal Land Manager Coordination</FP>
                    <FP SOURCE="FP-2">IV. The EPA's Evaluation of North Dakota's Regional Haze Submission for the Second Implementation Period</FP>
                    <FP SOURCE="FP1-2">A. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress Under 40 CFR 51.308(f)(1)</FP>
                    <FP SOURCE="FP1-2">B. North Dakota's Long-Term Strategy Under CAA 169A and 40 CFR 51.308(f)(2)</FP>
                    <FP SOURCE="FP1-2">1. North Dakota's Long-Term Strategy Under CAA 169A and 40 CFR 51.308(f)(2)(i)</FP>
                    <FP SOURCE="FP1-2">a. Reliance on Non-Statutory Considerations To Reject Reasonable Controls at Coyote Station and Antelope Valley</FP>
                    <FP SOURCE="FP1-2">i. North Dakota Unreasonably Rejected Controls Based on Visibility Modeling</FP>
                    <FP SOURCE="FP1-2">(a) Modeling Showing No “Significant” Change in Visibility Is Not a Sufficient Basis To Reject Controls Under CAA 169A and 40 CFR 51.308(f)(2)(i)</FP>
                    <FP SOURCE="FP1-2">(b) North Dakota Failed To Consider Visibility Impacts at Out-of-State Class I Areas</FP>
                    <FP SOURCE="FP1-2">ii. Projections That North Dakota Class I Areas Will Meet the Adjusted Uniform Rate of Progress Is Not a Sufficient Basis To Reject Controls Under 40 CFR 51.308(f)(2)(i)</FP>
                    <FP SOURCE="FP1-2">b. Failure To Consider the Four Factors at Coal Creek and Unreasonable Rejection of Controls at Coal Creek and Leland Olds</FP>
                    <FP SOURCE="FP1-2">2. Other Long-Term Strategy Requirements Under 40 CFR 51.308(f)(2)(ii)-(iv)</FP>
                    <FP SOURCE="FP1-2">C. Reasonable Progress Goals</FP>
                    <FP SOURCE="FP1-2">D. Reasonably Attributable Visibility Impairment (RAVI)</FP>
                    <FP SOURCE="FP1-2">E. Monitoring Strategy and Other Implementation Plan Requirements</FP>
                    <FP SOURCE="FP1-2">F. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</FP>
                    <FP SOURCE="FP1-2">G. Requirements for Federal Land Manager Coordination</FP>
                    <FP SOURCE="FP-2">V. Proposed Action</FP>
                    <FP SOURCE="FP-2">VI. Environmental Justice</FP>
                    <FP SOURCE="FP-2">VII. Statutory and Executive Order Reviews </FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. What action is the EPA proposing?</HD>
                <P>
                    On August 11, 2022, the North Dakota Department of Environmental Quality submitted a revision to its SIP to address regional haze for the second implementation period. North Dakota made this SIP submission to satisfy the requirements of the CAA's regional haze program under CAA sections 169A and 169B and 40 CFR 51.308(f). The EPA is proposing to approve the portions of North Dakota's 2022 SIP submission relating to 40 CFR 51.308(f)(1): calculations of baseline, current, and natural visibility conditions, progress to date, and the uniform rate of progress; 40 CFR 51.308(f)(4): reasonably attributable visibility impairment; 40 CFR 51.308(f)(5) and 40 CFR 51.308(g): progress report requirements; and 40 CFR 51.308(f)(6): monitoring strategy and other implementation plan requirements. The EPA is proposing to disapprove the portions of North Dakota's 2022 SIP submission relating to CAA 169A and 40 CFR 51.308(f)(2): long-term strategy; 40 CFR 51.308(f)(3): reasonable progress goals; and 40 CFR 51.308(i): FLM consultation. Consistent with section 110(k)(3) of the CAA, the EPA may partially approve portions of a submittal if those elements meet all applicable requirements and may disapprove the remainder so long as the elements are fully separable.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See</E>
                         CAA section 110(k)(3) and July 9, 1992 EPA memorandum titled “Processing of State Implementation Plan (SIP) Submittals” from John Calcagni, at 
                        <E T="03">https://www.epa.gov/sites/default/files/2015-07/documents/procsip.pdf.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Background</HD>
                <HD SOURCE="HD2">A. History of the Regional Haze Program</HD>
                <P>
                    In the 1977 CAA Amendments, Congress created a program for protecting visibility in the nation's mandatory Class I Federal areas, which include certain national parks and wilderness areas.
                    <SU>2</SU>
                    <FTREF/>
                     CAA 169A. The CAA 
                    <PRTPAGE P="56695"/>
                    establishes as a national goal the “prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from manmade air pollution.” CAA 169A(a)(1). The CAA further directs the EPA to promulgate regulations to assure reasonable progress toward meeting this national goal. CAA 169A(a)(4). On December 2, 1980, the EPA promulgated regulations to address visibility impairment in mandatory Class I Federal areas (hereinafter referred to as “Class I areas”) that is “reasonably attributable” to a single source or small group of sources. (45 FR 80084, December 2, 1980). These regulations, codified at 40 CFR 51.300 through 51.307, represented the first phase of the EPA's efforts to address visibility impairment. In 1990, Congress added section 169B to the CAA to further address visibility impairment, specifically, impairment from regional haze. CAA 169B. The EPA promulgated the Regional Haze Rule (RHR), codified at 40 CFR 51.308,
                    <SU>3</SU>
                    <FTREF/>
                     on July 1, 1999. (64 FR 35714, July 1, 1999). On January 10, 2017, the EPA promulgated additional regulations that address visibility impairment for the second and subsequent implementation periods (82 FR 3078, January 10, 2017). These regional haze regulations are a central component of the EPA's comprehensive visibility protection program for Class I areas.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Areas statutorily designated as mandatory Class I Federal areas consist of national parks exceeding 6,000 acres, wilderness areas and national memorial parks exceeding 5,000 acres, and all international parks that were in existence on August 7, 1977. CAA 162(a). There are 156 mandatory Class I areas. The list of areas to which the requirements of the 
                        <PRTPAGE/>
                        visibility protection program apply is in 40 CFR part 81, subpart D.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         In addition to the generally applicable regional haze provisions at 40 CFR 51.308, the EPA also promulgated regulations specific to addressing regional haze visibility impairment in Class I areas on the Colorado Plateau at 40 CFR 51.309. The latter regulations are applicable only for specific jurisdictions' regional haze plans submitted no later than December 17, 2007, and thus are not relevant here.
                    </P>
                </FTNT>
                <P>
                    Regional haze is visibility impairment that is produced by a multitude of anthropogenic sources and activities that are located across a broad geographic area and that emit pollutants that impair visibility. Visibility impairing pollutants include fine and coarse particulate matter (PM) (
                    <E T="03">e.g.,</E>
                     sulfates, nitrates, organic carbon, elemental carbon, and soil dust) and their precursors (
                    <E T="03">e.g.,</E>
                     sulfur dioxide (SO
                    <E T="52">2</E>
                    ), nitrogen oxides (NO
                    <E T="52">X</E>
                    ), and, in some cases, volatile organic compounds (VOC) and ammonia (NH
                    <E T="52">3</E>
                    )). Fine particle precursors react in the atmosphere to form fine particulate matter (PM
                    <E T="52">2.5</E>
                    ), which impairs visibility by scattering and absorbing light. Visibility impairment reduces the perception of clarity and color, as well as visible distance.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         There are several ways to measure the amount of visibility impairment, 
                        <E T="03">i.e.,</E>
                         haze. One such measurement is the deciview, which is the principal metric used by the RHR. Under many circumstances, a change in one deciview will be perceived by the human eye to be the same on both clear and hazy days. The deciview is unitless. It is proportional to the logarithm of the atmospheric extinction of light, which is the perceived dimming of light due to its being scattered and absorbed as it passes through the atmosphere. Atmospheric light extinction (b
                        <SU>ext</SU>
                        ) is a metric used for expressing visibility and is measured in inverse megameters (Mm
                        <E T="51">−1</E>
                        ). The EPA's Guidance on Regional Haze State Implementation Plans for the Second Implementation Period (“2019 Guidance”) offers the flexibility for the use of light extinction in certain cases. Light extinction can be simpler to use in calculations than deciviews, since it is not a logarithmic function. See, 
                        <E T="03">e.g.,</E>
                         2019 Guidance at 16, 19, 
                        <E T="03">https://www.epa.gov/visibility/guidance-regional-haze-state-implementation-plans-second-implementation-period,</E>
                         The EPA Office of Air Quality Planning and Standards, Research Triangle Park (August 20, 2019). The formula for the deciview is 10 ln (bext)/10 Mm
                        <E T="51">−1</E>
                        ). 40 CFR 51.301.
                    </P>
                </FTNT>
                <P>
                    To address regional haze visibility impairment, the 1999 RHR established an iterative planning process that requires both states in which Class I areas are located and states “the emissions from which may reasonably be anticipated to cause or contribute to any impairment of visibility” in a Class I area to periodically submit SIP revisions to address such impairment. CAA 169A(b)(2); 
                    <SU>5</SU>
                    <FTREF/>
                     see also 40 CFR 51.308(b), (f) (establishing submission dates for iterative regional haze SIP revisions); (64 FR at 35768, July 1, 1999). Under the CAA, each SIP submission must contain “a long-term (ten to fifteen years) strategy for making reasonable progress toward meeting the national goal,” CAA 169A(b)(2)(B); the initial round of SIP submissions also had to address the statutory requirement that certain older, larger sources of visibility impairing pollutants install and operate the best available retrofit technology (BART). CAA 169A(b)(2)(A); 40 CFR 51.308(d), (e). States' first regional haze SIPs were due by December 17, 2007, 40 CFR 51.308(b), with subsequent SIP submissions containing updated long-term strategies originally due July 31, 2018, and every ten years thereafter. (64 FR at 35768, July 1, 1999). The EPA established in the 1999 RHR that all states either have Class I areas within their borders or “contain sources whose emissions are reasonably anticipated to contribute to regional haze in a Class I area”; therefore, all states must submit regional haze SIPs.
                    <SU>6</SU>
                    <FTREF/>
                     Id. at 35721.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The RHR expresses the statutory requirement for states to submit plans addressing out-of-state Class I areas by providing that states must address visibility impairment “in each mandatory Class I Federal area located outside the State that may be affected by emissions from within the State.” 40 CFR 51.308(d), (f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         In addition to each of the fifty states, the EPA also concluded that the Virgin Islands and District of Columbia must also submit regional haze SIPs because they either contain a Class I area or contain sources whose emissions are reasonably anticipated to contribute regional haze in a Class I area. See 40 CFR 51.300(b), (d)(3).
                    </P>
                </FTNT>
                <P>
                    Much of the focus in the first implementation period of the regional haze program, which ran from 2007 through 2018, was on satisfying states' BART obligations. First implementation period SIPs were additionally required to contain long-term strategies for making reasonable progress toward the national visibility goal, of which BART is one component. The core required elements for the first implementation period SIPs (other than BART) are laid out in 40 CFR 51.308(d). Those provisions required that states containing Class I areas establish reasonable progress goals (RPGs) that are measured in deciviews and reflect the anticipated visibility conditions at the end of the implementation period including from implementation of states' long-term strategies. The first planning period 
                    <SU>7</SU>
                    <FTREF/>
                     RPGs were required to provide for an improvement in visibility for the most impaired days over the period of the implementation plan and ensure no degradation in visibility for the least impaired days over the same period. In establishing the RPGs for any Class I area in a state, the state was required to consider four statutory factors: the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance, and the remaining useful life of any potentially affected sources. CAA 169A(g)(1); 40 CFR 51.308(d)(1).
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The EPA uses the terms “implementation period” and “planning period” interchangeably.
                    </P>
                </FTNT>
                <P>
                    States were also required to calculate baseline (using the five-year period of 2000-2004) and natural visibility conditions (
                    <E T="03">i.e.,</E>
                     visibility conditions without anthropogenic visibility impairment) for each Class I area, and to calculate the linear rate of progress needed to attain natural visibility conditions, assuming a starting point of baseline visibility conditions in 2004 and ending with natural conditions in 2064. This linear interpolation is known as the uniform rate of progress (URP) and is used as a tracking metric to help states assess the amount of progress they are making towards the national visibility goal over time in each Class I area.
                    <SU>8</SU>
                    <FTREF/>
                     40 CFR 51.308(d)(1)(i)(B), (d)(2). 
                    <PRTPAGE P="56696"/>
                    The 1999 RHR also provided that states' long-term strategies must include the “enforceable emissions limitations, compliance schedules, and other measures as necessary to achieve the reasonable progress goals.” 40 CFR 51.308(d)(3). In establishing their long-term strategies, states are required to consult with other states that also contribute to visibility impairment in a given Class I area and include all measures necessary to obtain their shares of the emission reductions needed to meet the RPGs. 40 CFR 51.308(d)(3)(i), (ii). Section 51.308(d) also contains seven additional factors states must consider in formulating their long-term strategies, 40 CFR 51.308(d)(3)(v), as well as provisions governing monitoring and other implementation plan requirements. 40 CFR 51.308(d)(4). Finally, the 1999 RHR required states to submit periodic progress reports—SIP revisions due every five years that contain information on states' implementation of their regional haze plans and an assessment of whether anything additional is needed to make reasonable progress, see 40 CFR 51.308(g), (h)—and to consult with the Federal Land Manager(s) 
                    <SU>9</SU>
                    <FTREF/>
                     (FLMs) responsible for each Class I area according to the requirements in CAA 169A(d) and 40 CFR 51.308(i).
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The EPA established the URP framework in the 1999 RHR to provide “an equitable analytical approach” to assessing the rate of visibility 
                        <PRTPAGE/>
                        improvement at Class I areas across the country. The starting point for the URP analysis is 2004 and the endpoint was calculated based on the amount of visibility improvement that was anticipated to result from implementation of existing CAA programs over the period from the mid-1990s to approximately 2005. Assuming this rate of progress would continue into the future, the EPA determined that natural visibility conditions would be reached in 60 years, or 2064 (60 years from the baseline starting point of 2004). However, the EPA did not establish 2064 as the year by which the national goal 
                        <E T="03">must</E>
                         be reached. 64 FR at 35731-32. That is, the URP and the 2064 date are not enforceable targets but are rather tools that “allow for analytical comparisons between the rate of progress that would be achieved by the state's chosen set of control measures and the URP.” (82 FR 3078, 3084, January 10, 2017).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         The EPA's regulations define “Federal Land Manager” as “the Secretary of the department with authority over the Federal Class I area (or the Secretary's designee) or, with respect to Roosevelt-Campobello International Park, the Chairman of the Roosevelt-Campobello International Park Commission.” 40 CFR 51.301.
                    </P>
                </FTNT>
                <P>
                    On January 10, 2017, the EPA promulgated revisions to the RHR, (82 FR 3078, January 10, 2017), that apply for the second and subsequent implementation periods. The 2017 rulemaking made several changes to the requirements for regional haze SIPs to clarify states' obligations and streamline certain regional haze requirements. The revisions to the regional haze program for the second and subsequent implementation periods focused on the requirement that states' SIPs contain long-term strategies for making reasonable progress towards the national visibility goal in line with CAA 169A(b)(2)(B). The reasonable progress requirements as revised in the 2017 rulemaking (referred to here as the 2017 RHR Revisions) are codified at 40 CFR 51.308(f). Among other changes, the 2017 RHR Revisions adjusted the deadline for states to submit their second implementation period SIPs from July 31, 2018, to July 31, 2021, clarified the order of analysis and the relationship between RPGs and the long-term strategy, and focused on making visibility improvements on the days with the most 
                    <E T="03">anthropogenic</E>
                     visibility impairment, as opposed to the days with the most visibility impairment overall. The EPA also revised requirements of the visibility protection program related to periodic progress reports and FLM consultation. The specific requirements applicable to second implementation period regional haze SIP submissions are addressed in detail below.
                </P>
                <P>
                    The EPA provided guidance to the states for their second implementation period SIP submissions in the preamble to the 2017 RHR Revisions as well as in subsequent, stand-alone guidance documents. In August 2019, the EPA issued “Guidance on Regional Haze State Implementation Plans for the Second Implementation Period” (“2019 Guidance”).
                    <SU>10</SU>
                    <FTREF/>
                     On July 8, 2021, the EPA issued a memorandum containing “Clarifications Regarding Regional Haze State Implementation Plans for the Second Implementation Period” (“2021 Clarifications Memo”).
                    <SU>11</SU>
                    <FTREF/>
                     Additionally, the EPA further clarified the recommended procedures for processing ambient visibility data and optionally adjusting the URP to account for international anthropogenic and prescribed fire impacts in two technical guidance documents: the December 2018 “Technical Guidance on Tracking Visibility Progress for the Second Implementation Period of the Regional Haze Program” (“2018 Visibility Tracking Guidance”),
                    <SU>12</SU>
                    <FTREF/>
                     and the June 2020 “Recommendation for the Use of Patched and Substituted Data and Clarification of Data Completeness for Tracking Visibility Progress for the Second Implementation Period of the Regional Haze Program” and associated Technical Addendum (“2020 Data Completeness Memo”).
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Guidance on Regional Haze State Implementation Plans for the Second Implementation Period. 
                        <E T="03">https://www.epa.gov/visibility/guidance-regional-haze-state-implementation-plans-second-implementation-period.</E>
                         The EPA Office of Air Quality Planning and Standards, Research Triangle Park (August 20, 2019).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         Clarifications Regarding Regional Haze State Implementation Plans for the Second Implementation Period. 
                        <E T="03">https://www.epa.gov/system/files/documents/2021-07/clarifications-regarding-regional-haze-state-implementation-plans-for-the-second-implementation-period.pdf.</E>
                         The EPA Office of Air Quality Planning and Standards, Research Triangle Park (July 8, 2021).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         Technical Guidance on Tracking Visibility Progress for the Second Implementation Period of the Regional Haze Program. 
                        <E T="03">https://www.epa.gov/visibility/technical-guidance-tracking-visibility-progress-second-implementation-period-regional.</E>
                         The EPA Office of Air Quality Planning and Standards, Research Triangle Park. (December 20, 2018).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Recommendation for the Use of Patched and Substituted Data and Clarification of Data Completeness for Tracking Visibility Progress for the Second Implementation Period of the Regional Haze Program. 
                        <E T="03">https://www.epa.gov/visibility/memo-and-technical-addendum-ambient-data-usage-and-completeness-regional-haze-program.</E>
                         The EPA Office of Air Quality Planning and Standards, Research Triangle Park (June 3, 2020).
                    </P>
                </FTNT>
                <P>
                    As explained in the 2021 Clarifications Memo, the EPA intends the second implementation period of the regional haze program to secure meaningful reductions in visibility impairing pollutants that build on the significant progress states have achieved to date. The Agency also recognizes that analyses regarding reasonable progress are state-specific and that, based on states' and sources' individual circumstances, what constitutes reasonable reductions in visibility impairing pollutants will vary from state-to-state. While there exist many opportunities for states to leverage both ongoing and upcoming emission reductions under other CAA programs, the Agency expects states to undertake rigorous reasonable progress analyses that identify further opportunities to advance the national visibility goal consistent with the statutory and regulatory requirements. See generally 2021 Clarifications Memo. This is consistent with Congress's determination that a visibility protection program is needed in addition to the CAA's National Ambient Air Quality Standards and Prevention of Significant Deterioration programs, as further emission reductions may be necessary to adequately protect visibility in Class I areas throughout the country.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         See, 
                        <E T="03">e.g.,</E>
                         H.R. Rep. No. 95-294 at 205 (“In determining how to best remedy the growing visibility problem in these areas of great scenic importance, the committee realizes that as a matter of equity, the national ambient air quality standards cannot be revised to adequately protect visibility in all areas of the country.”), (“the mandatory Class I increments of [the PSD program] do not adequately protect visibility in Class I areas”).
                    </P>
                </FTNT>
                <PRTPAGE P="56697"/>
                <HD SOURCE="HD2">B. Roles of Agencies in Addressing Regional Haze</HD>
                <P>
                    Because the air pollutants and pollution affecting visibility in Class I areas can be transported over long distances, successful implementation of the regional haze program requires long-term, regional coordination among multiple jurisdictions and agencies that have responsibility for Class I areas and the emissions that impact visibility in those areas. To address regional haze, states need to develop strategies in coordination with one another, considering the effect of emissions from one jurisdiction on the air quality in another. Five regional planning organizations (RPOs),
                    <SU>15</SU>
                    <FTREF/>
                     which include representation from state and Tribal governments, the EPA, and FLMs, were developed in the lead-up to the first implementation period to address regional haze. RPOs evaluate technical information to better understand how emissions from state and tribal land impact Class I areas across the country, pursue the development of regional strategies to reduce emissions of particulate matter and other pollutants leading to regional haze, and help states meet the consultation requirements of the RHR.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         RPOs are sometimes also referred to as “multi-jurisdictional organizations,” or MJOs. For the purposes of this document, the terms RPO and MJO are synonymous.
                    </P>
                </FTNT>
                <P>
                    The Western Regional Air Partnership (WRAP), one of the five RPOs described in the previous paragraph, is a collaborative effort of state governments, local air agencies, tribal governments, and various federal agencies established to initiate and coordinate activities associated with the management of regional haze, visibility, and other air quality issues in the western United States. Members include the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming, and 28 tribal governments.
                    <SU>16</SU>
                    <FTREF/>
                     The federal partner members of WRAP are the EPA, U.S. National Parks Service (NPS), U.S. Fish and Wildlife Service (USFWS), U.S. Forest Service (USFS), and the U.S. Bureau of Land Management (BLM).
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         A full list of WRAP members is available at 
                        <E T="03">https://www.westar.org/wrap-council-members/.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. North Dakota's First Implementation Period SIP Submissions</HD>
                <P>
                    The governor of North Dakota submitted North Dakota's Regional Haze SIP for the first implementation period to the EPA on March 3, 2010, followed by SIP Supplement No. 1 submitted on July 27, 2010, and SIP Amendment No. 1 submitted on July 28, 2011 (collectively, the “2010 Regional Haze SIP”). On April 6, 2012, the EPA promulgated a final rule titled “Approval and Promulgation of Implementation Plans; North Dakota; Regional Haze State Implementation Plan; Federal Implementation Plan for Interstate Transport of Pollution Affecting Visibility and Regional Haze; Final Rule” (2012 Final Rule).
                    <SU>17</SU>
                    <FTREF/>
                     The 2012 Final Rule approved in part and disapproved in part the 2010 Regional Haze SIP. The EPA's disapproval included portions of the plan that addressed reasonable progress requirements and North Dakota's BART determinations for Coal Creek Station (Coal Creek) Units 1 and 2 and Antelope Valley Station (Antelope Valley) Units 1 and 2. In the same rulemaking, the EPA promulgated a FIP that imposed, among other things, a NO
                    <E T="52">X</E>
                     emission limit for Antelope Valley Units 1 and 2, and a NO
                    <E T="52">X</E>
                     BART determination and emission limit for Coal Creek Units 1 and 2.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         77 FR 20894 (April 6, 2012).
                    </P>
                </FTNT>
                <P>
                    Subsequently, North Dakota and other petitioners challenged the 2012 Final Rule in the United States Court of Appeals for the Eighth Circuit. On January 2, 2013, North Dakota submitted a SIP revision to the EPA to provide additional information supporting its original NO
                    <E T="52">X</E>
                     BART determination for Coal Creek.
                    <SU>18</SU>
                    <FTREF/>
                     On September 23, 2013, the Eighth Circuit concluded in 
                    <E T="03">North Dakota</E>
                     v. 
                    <E T="03">EPA</E>
                     that the EPA properly disapproved portions of the 2010 Regional Haze SIP, including the reasonable progress determination for Antelope Valley Units 1 and 2.
                    <SU>19</SU>
                    <FTREF/>
                     The court also upheld the EPA's FIP promulgating an emission limit of 0.17 lb/MMBtu NO
                    <E T="52">X</E>
                     (30-day rolling average) for Antelope Valley Units 1 and 2.
                    <SU>20</SU>
                    <FTREF/>
                     However, the court vacated and remanded the EPA's FIP promulgating an emission limit of 0.13 lb/MMBtu NO
                    <E T="52">X</E>
                     (30-day rolling average) for Coal Creek.
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         North Dakota referred to the January 2, 2013 SIP submission as “Supplement No. 2.” The EPA herein refers to North Dakota's January 2, 2013 submission as a SIP submission.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">North Dakota</E>
                         v. 
                        <E T="03">EPA,</E>
                         730 F.3d 750, 766 (8th Cir. 2013).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         Id.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         Id. at 764.
                    </P>
                </FTNT>
                <P>
                    Several SIP submissions and EPA actions for the first implementation period followed the Eighth Circuit's decision. On January 12, 2015, North Dakota submitted a SIP revision for a regional haze five-year progress report, pursuant to 40 CFR 51.308(g). On April 26, 2018, the EPA proposed to approve the Coal Creek NO
                    <E T="52">X</E>
                     BART determination submitted in North Dakota's January 2013 SIP submission.
                    <SU>22</SU>
                    <FTREF/>
                     The EPA did not finalize that action.
                    <E T="51">23 24</E>
                    <FTREF/>
                     On August 3, 2020, North Dakota submitted a SIP revision to incorporate the 2012 FIP requirements for Antelope Valley, which the EPA approved on April 5, 2022.
                    <SU>25</SU>
                    <FTREF/>
                     In the same action, the EPA withdrew from the Code of Federal Regulations the FIP requirements for Coal Creek that the Eighth Circuit vacated in 
                    <E T="03">North Dakota</E>
                     v. 
                    <E T="03">EPA.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         83 FR 18248 (April 26, 2018).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         North Dakota's 2022 SIP submission, Letter from North Dakota Governor Doug Burgum to EPA Administrator Michael Regan.
                    </P>
                    <P>
                        <SU>24</SU>
                         As explained in this document in section II.D., North Dakota subsequently withdrew the Coal Creek Station NO
                        <E T="52">X</E>
                         BART portion of its 2013 SIP submission in its 2022 SIP submission to the EPA that included a revised NO
                        <E T="52">X</E>
                         BART determination for Coal Creek. The EPA is acting on the Coal Creek Station NO
                        <E T="52">X</E>
                         BART portion of the 2022 SIP submission in a separate action.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         87 FR 19635 (April 5, 2022).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">D. North Dakota's Second Implementation Period SIP Submissions</HD>
                <P>
                    In accordance with CAA section 169A and the RHR at 40 CFR 51.308(f), on August 11, 2022, the governor of North Dakota submitted North Dakota's 2022 SIP submission to address the State's regional haze obligations for the second implementation period, which runs through 2028. North Dakota's 2022 SIP submission also addressed the first planning period NO
                    <E T="52">X</E>
                     BART determination for Coal Creek that was remanded in 
                    <E T="03">North Dakota</E>
                     v. 
                    <E T="03">EPA.</E>
                     Concurrently, North Dakota also withdrew its 2013 SIP submission that addressed NO
                    <E T="52">X</E>
                     BART for Coal Creek.
                    <SU>26</SU>
                    <FTREF/>
                     The EPA is acting on North Dakota's 2022 SIP submission as it pertains to Coal Creek NO
                    <E T="52">X</E>
                     BART and North Dakota's 2015 SIP submission for the five-year progress report in a separate action.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         North Dakota refers to its January 2, 2013, SIP submission as SIP Supplement No. 2.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">III. Requirements for Regional Haze Plans for the Second Implementation Period</HD>
                <P>
                    Under the CAA and the EPA's regulations, all 50 states, the District of Columbia, and the U.S. Virgin Islands are required to submit regional haze SIPs satisfying the applicable requirements for the second implementation period of the regional haze program by July 31, 2021. Each state's SIP must contain a long-term strategy for making reasonable progress toward meeting the national goal of remedying any existing and preventing any future anthropogenic visibility impairment in Class I areas. CAA 169A(b)(2)(B). To this end, § 51.308(f) lays out the process by which states 
                    <PRTPAGE P="56698"/>
                    determine what constitutes their long-term strategies, with the order of the requirements in § 51.308(f)(1) through (3) generally mirroring the order of the steps in the reasonable progress analysis 
                    <SU>27</SU>
                    <FTREF/>
                     and (f)(4) through (6) containing additional, related requirements. Broadly speaking, a state first must identify the Class I areas within the state and determine the Class I areas outside the state in which visibility may be affected by emissions from the state. These are the Class I areas that must be addressed in the state's long-term strategy. See 40 CFR 51.308(f), (f)(2). For each Class I area within its borders, a state must then calculate the baseline, current, and natural visibility conditions for that area, as well as the visibility improvement made to date and the URP. See 40 CFR 51.308(f)(1). Each state having a Class I area and/or emissions that may affect visibility in a Class I area must then develop a long-term strategy that includes the enforceable emission limitations, compliance schedules, and other measures that are necessary to make reasonable progress in such areas. A reasonable progress determination is based on applying the four factors in CAA section 169A(g)(1) to sources of visibility impairing pollutants that the state has selected to assess for controls for the second implementation period. Additionally, as further explained below, the RHR at 40 CFR 51.3108(f)(2)(iv) separately provides five “additional factors” 
                    <SU>28</SU>
                    <FTREF/>
                     that states must consider in developing their long-term strategies. See 40 CFR 51.308(f)(2). A state evaluates potential emission reduction measures for those selected sources and determines which are necessary to make reasonable progress. Those measures are then incorporated into the state's long-term strategy. After a state has developed its long-term strategy, it then establishes RPGs for each Class I area within its borders by modeling the visibility impacts of all reasonable progress controls at the end of the second implementation period, 
                    <E T="03">i.e.,</E>
                     in 2028, as well as the impacts of other requirements of the CAA. The RPGs include reasonable progress controls not only for sources in the state in which the Class I area is located, but also for sources in other states that contribute to visibility impairment in that area. The RPGs are then compared to the baseline visibility conditions and the URP to ensure that progress is being made towards the statutory goal of preventing any future and remedying any existing anthropogenic visibility impairment in Class I areas. 40 CFR 51.308(f)(2)-(3).
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         The EPA explained in the 2017 RHR Revisions that we were adopting new regulatory language in 40 CFR 51.308(f) that, unlike the structure in § 51.308(d), “tracked the actual planning sequence.” (82 FR at 3091).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         The five “additional factors” for consideration in § 51.308(f)(2)(iv) are distinct from the four factors listed in CAA section 169A(g)(1) and 40 CFR 51.308(f)(2)(i) that states must consider and apply to sources in determining reasonable progress.
                    </P>
                </FTNT>
                <P>In addition to satisfying the requirements at 40 CFR 51.308(f) related to reasonable progress, the regional haze SIP revisions for the second implementation period must address the requirements in § 51.308(g)(1) through (5) pertaining to periodic reports describing progress towards the RPGs, 40 CFR 51.308(f)(5), as well as requirements for FLM consultation that apply to all visibility protection SIPs and SIP revisions. 40 CFR 51.308(i).</P>
                <P>A state must submit its regional haze SIP and subsequent SIP revisions to the EPA according to the requirements applicable to all SIP revisions under the CAA and the EPA's regulations. See CAA 169A(b)(2); CAA 110(a). Upon approval by the EPA, a SIP is enforceable by the Agency and the public under the CAA. If the EPA finds that a state fails to make a required SIP revision, or if the EPA finds that a state's SIP is incomplete or if it disapproves the SIP, the Agency must promulgate a federal implementation plan (FIP) that satisfies the applicable requirements. CAA 110(c)(1).</P>
                <HD SOURCE="HD2">A. Identification of Class I Areas</HD>
                <P>
                    The first step in developing a regional haze SIP is for a state to determine which Class I areas, in addition to those within its borders, “may be affected” by emissions from within the state. In the 1999 RHR, the EPA determined that all states contribute to visibility impairment in at least one Class I area, 64 FR at 35720-22, and explained that the statute and regulations lay out an “extremely low triggering threshold” for determining “whether States should be required to engage in air quality planning and analysis as a prerequisite to determining the need for control of emissions from sources within their State.” 
                    <E T="03">Id.</E>
                     at 35721.
                </P>
                <P>A state must determine which Class I areas must be addressed by its SIP by evaluating the total emissions of visibility impairing pollutants from all sources within the state. While the RHR does not require this evaluation to be conducted in any particular manner, EPA's 2019 Guidance provides recommendations for how such an assessment might be accomplished, including by, where appropriate, using the determinations previously made for the first implementation period. 2019 Guidance at 8-9. In addition, the determination of which Class I areas may be affected by a state's emissions is subject to the requirement in 40 CFR 51.308(f)(2)(iii) to “document the technical basis, including modeling, monitoring, cost, engineering, and emissions information, on which the State is relying to determine the emission reduction measures that are necessary to make reasonable progress in each mandatory Class I Federal area it affects.”</P>
                <HD SOURCE="HD2">B. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress</HD>
                <P>
                    As part of assessing whether a SIP submission for the second implementation period is providing for reasonable progress towards the national visibility goal, the RHR contains requirements in § 51.308(f)(1) related to tracking visibility improvement over time. The requirements of this section apply only to states having Class I areas within their borders; the required calculations must be made for each such Class I area. The EPA's 2018 Visibility Tracking Guidance 
                    <SU>29</SU>
                    <FTREF/>
                     provides recommendations to assist states in satisfying their obligations under § 51.308(f)(1); specifically, in developing information on baseline, current, and natural visibility conditions, and in making optional adjustments to the URP to account for the impacts of international anthropogenic emissions and prescribed fires. See 82 FR at 3103-05.
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         The 2018 Visibility Tracking Guidance references and relies on parts of the 2003 Tracking Guidance: “Guidance for Tracking Progress Under the Regional Haze Rule,” which can be found at 
                        <E T="03">https://www.epa.gov/sites/default/files/2021-03/documents/tracking.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    The RHR requires tracking of visibility conditions on two sets of days: the clearest and the most impaired days. Visibility conditions for both sets of days are expressed as the average deciview index for the relevant five-year period (the period representing baseline or current visibility conditions). The RHR provides that the relevant sets of days for visibility tracking purposes are the 20% clearest (the 20% of monitored days in a calendar year with the lowest values of the deciview index) and 20% most impaired days (the 20% of monitored days in a calendar year with the highest amounts of anthropogenic visibility impairment).
                    <SU>30</SU>
                    <FTREF/>
                     40 CFR 51.301. A state must calculate visibility conditions for both the 20% clearest and 
                    <PRTPAGE P="56699"/>
                    20% most impaired days for the baseline period of 2000-2004 and the most recent five-year period for which visibility monitoring data are available (representing current visibility conditions). 40 CFR 51.308(f)(1)(i), (iii). States must also calculate natural visibility conditions for the clearest and most impaired days,
                    <SU>31</SU>
                    <FTREF/>
                     by estimating the conditions that would exist on those two sets of days absent anthropogenic visibility impairment. 40 CFR 51.308(f)(1)(ii). Using all these data, states must then calculate, for each Class I area, the amount of progress made since the baseline period (2000-2004) and how much improvement is left to achieve to reach natural visibility conditions.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         This document also refers to the 20% clearest and 20% most anthropogenically impaired days as the “clearest” and “most impaired” or “most anthropogenically impaired” days, respectively.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         The RHR at 40 CFR 51.308(f)(1)(ii) contains an error related to the requirement for calculating two sets of natural conditions values. The rule says “most impaired days or the clearest days” where it should say “most impaired days and clearest days.” This is an error that was intended to be corrected in the 2017 RHR Revisions but did not get corrected in the final rule language. This is supported by the preamble text at 82 FR at 3098: “In the final version of 40 CFR 51.308(f)(1)(ii), an occurrence of “or” has been corrected to “and” to indicate that natural visibility conditions for both the most impaired days and the clearest days must be based on available monitoring information.”
                    </P>
                </FTNT>
                <P>
                    Using the data for the set of most impaired days only, states must plot a line between visibility conditions in the baseline period and natural visibility conditions for each Class I area to determine the URP—the amount of visibility improvement, measured in deciviews, that would need to be achieved during each implementation period to achieve natural visibility conditions by the end of 2064. The URP is used in later steps of the reasonable progress analysis for informational purposes and to provide a non-enforceable benchmark against which to assess a Class I area's rate of visibility improvement.
                    <SU>32</SU>
                    <FTREF/>
                     Additionally, in the 2017 RHR Revisions, the EPA provided states the option of proposing to adjust the endpoint of the URP to account for impacts of anthropogenic sources outside the United States and/or impacts of certain types of wildland prescribed fires. These adjustments, which must be approved by the EPA, are intended to avoid any perception that states should compensate for impacts from international anthropogenic sources and to give states the flexibility to determine that limiting the use of wildland-prescribed fire is not necessary for reasonable progress. 82 FR at 3107 footnote 116.
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         Being on or below the URP is not a “safe harbor”; 
                        <E T="03">i.e.,</E>
                         achieving the URP does not mean that a Class I area is making “reasonable progress” and does not relieve a state from using the four statutory factors to determine what level of control is needed to achieve such progress. See, 
                        <E T="03">e.g.,</E>
                         82 FR at 3093.
                    </P>
                </FTNT>
                <P>The EPA's 2018 Visibility Tracking Guidance can be used to help satisfy the 40 CFR 51.308(f)(1) requirements, including in developing information on baseline, current, and natural visibility conditions, and in making optional adjustments to the URP. In addition, the 2020 Data Completeness Memo provides recommendations on the data completeness language referenced in § 51.308(f)(1)(i) and provides updated natural conditions estimates for each Class I area.</P>
                <HD SOURCE="HD2">C. Long-Term Strategy for Regional Haze</HD>
                <P>
                    The core component of a regional haze SIP submission is a long-term strategy that addresses regional haze in each Class I area within a state's borders and each Class I area outside the state that may be affected by emissions from the state. The long-term strategy “must include the enforceable emissions limitations, compliance schedules, and other measures that are necessary to make reasonable progress, as determined pursuant to (f)(2)(i) through (iv).” 40 CFR 51.308(f)(2). The amount of progress that is “reasonable progress” is based on applying the four statutory factors in CAA section 169A(g)(1) in an evaluation of potential control options for sources of visibility impairing pollutants, which is referred to as a “four-factor” analysis.
                    <SU>33</SU>
                    <FTREF/>
                     The outcome of that analysis is the emission reduction measures that a particular source or group of sources needs to implement to make reasonable progress towards the national visibility goal. See 40 CFR 51.308(f)(2)(i). Emission reduction measures that are necessary to make reasonable progress may be either new, additional control measures for a source, or they may be the existing emission reduction measures that a source is already implementing. See 2019 Guidance at 43; 2021 Clarifications Memo at 8-10. Such measures must be represented by “enforceable emissions limitations, compliance schedules, and other measures” (
                    <E T="03">i.e.,</E>
                     any additional compliance tools) in a state's long-term strategy in its SIP. 40 CFR 51.308(f)(2).
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         Four-factor analysis considers the four statutory factors specified in CAA 169A(g)(1) and 40 CFR 51.308(f)(2)(i).
                    </P>
                </FTNT>
                <P>
                    Section 51.308(f)(2)(i) provides the requirements for the four-factor analysis. The first step of this analysis entails selecting the sources to be evaluated for emission reduction measures; to this end, the RHR requires states to consider “major and minor stationary sources or groups of sources, mobile sources, and area sources” of visibility impairing pollutants for potential four-factor control analysis. 40 CFR 51.308(f)(2)(i). A threshold question at this step is which visibility impairing pollutants will be analyzed. As the EPA previously explained, consistent with the first implementation period, the EPA generally expects that each state will analyze at least SO
                    <E T="52">2</E>
                     and NO
                    <E T="52">X</E>
                     in selecting sources and determining control measures. See 2019 Guidance at 12, 2021 Clarifications Memo at 4. A state that chooses not to consider at least these two pollutants should demonstrate why such consideration would be unreasonable. 2021 Clarifications Memo at 4.
                </P>
                <P>
                    While states have the option to analyze 
                    <E T="03">all</E>
                     sources, the 2019 Guidance explains that “an analysis of control measures is not required for every source in each implementation period,” and that “[s]electing a set of sources for analysis of control measures in each implementation period is . . . consistent with the Regional Haze Rule, which sets up an iterative planning process and anticipates that a state may not need to analyze control measures for all its sources in a given SIP revision.” 2019 Guidance at 9. However, given that source selection is the basis of all subsequent control determinations, a reasonable source selection process “should be designed and conducted to ensure that source selection results in a set of pollutants and sources the evaluation of which has the potential to meaningfully reduce their contributions to visibility impairment.” 2021 Clarifications Memo at 3.
                </P>
                <P>
                    The EPA explained in the 2021 Clarifications Memo that each state has an obligation to submit a long-term strategy that addresses the regional haze visibility impairment that results from emissions from within that state. Thus, source selection should focus on the in-state contribution to visibility impairment and be designed to capture a meaningful portion of the state's total contribution to visibility impairment in Class I areas. A state should not decline to select its largest in-state sources on the basis that there are even larger out-of-state contributors. 2021 Clarifications Memo at 4.
                    <SU>34</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         Similarly, in responding to comments on the 2017 RHR Revisions the EPA explained that “[a] state should not fail to address its many relatively low-impact sources merely because it only has such sources and another state has even more low-impact sources and/or some high impact sources.” Responses to Comments on Protection of Visibility: Amendments to Requirements for State Plans; Proposed Rule (81 FR 26942, May 4, 2016) at 87-88.
                    </P>
                </FTNT>
                <P>
                    Thus, while states have discretion to choose any source selection 
                    <PRTPAGE P="56700"/>
                    methodology that is reasonable, whatever choices they make should be reasonably explained. To this end, 40 CFR 51.308(f)(2)(i) requires that a state's SIP submission include “a description of the criteria it used to determine which sources or groups of sources it evaluated.” The technical basis for source selection, which may include methods for quantifying potential visibility impacts such as emissions divided by distance metrics, trajectory analyses, residence time analyses, and/or photochemical modeling, must also be appropriately documented, as required by 40 CFR 51.308(f)(2)(iii).
                </P>
                <P>
                    Once a state has selected the set of sources, the next step is to determine the emissions reduction measures for those sources that are necessary to make reasonable progress for the second implementation period.
                    <SU>35</SU>
                    <FTREF/>
                     This is accomplished by considering the four factors—“the costs of compliance, the time necessary for compliance, and the energy and nonair quality environmental impacts of compliance, and the remaining useful life of any existing source subject to such requirements.” CAA 169A(g)(1). The EPA has explained that the four-factor analysis is an assessment of potential emission reduction measures (
                    <E T="03">i.e.,</E>
                     control options) for sources; “use of the terms `compliance' and `subject to such requirements' in section 169A(g)(1) strongly indicates that Congress intended the relevant determination to be the requirements with which sources would have to comply to satisfy the CAA's reasonable progress mandate.” 82 FR at 3091. Thus, for each source it has selected for four-factor analysis,
                    <SU>36</SU>
                    <FTREF/>
                     a state must consider a “meaningful set” of technically feasible control options for reducing emissions of visibility impairing pollutants. Id. at 3088. The 2019 Guidance provides that “[a] state must reasonably pick and justify the measures that it will consider, recognizing that there is no statutory or regulatory requirement to consider all technically feasible measures or any particular measures. A range of technically feasible measures available to reduce emissions would be one way to justify a reasonable set.” 2019 Guidance at 29.
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         The CAA provides that, “[i]n determining reasonable progress there shall be taken into consideration” the four statutory factors. CAA 169A(g)(1). However, in addition to four-factor analyses for selected sources, groups of sources, or source categories, a state may also consider additional emission reduction measures for inclusion in its long-term strategy, 
                        <E T="03">e.g.,</E>
                         from other newly adopted, on-the-books, or on-the-way rules and measures for sources not selected for four-factor analysis for the second implementation period.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         “Each source” or “particular source” is used here as shorthand. While a source-specific analysis is one way of applying the four factors, neither the statute nor the RHR requires states to evaluate individual sources. Rather, states have “the flexibility to conduct four-factor analyses for specific sources, groups of sources or even entire source categories, depending on state policy preferences and the specific circumstances of each state.” 82 FR at 3088. However, not all approaches to grouping sources for four-factor analysis are necessarily reasonable; the reasonableness of grouping sources in any particular instance will depend on the circumstances and the manner in which grouping is conducted. If it is feasible to establish and enforce different requirements for sources or subgroups of sources, and if relevant factors can be quantified for those sources or subgroups, then states should make a separate reasonable progress determination for each source or subgroup. 2021 Clarifications Memo at 7-8.
                    </P>
                </FTNT>
                <P>
                    The EPA's 2021 Clarifications Memo provides further guidance on what constitutes a reasonable set of control options for consideration: “A reasonable four-factor analysis will consider the full range of potentially reasonable options for reducing emissions.” 2021 Clarifications Memo at 7. In addition to add-on controls and other retrofits (
                    <E T="03">i.e.,</E>
                     new emissions reduction measures for sources), the EPA explained that states should generally analyze efficiency improvements for sources' existing measures as control options in their four-factor analyses, as in many cases such improvements are reasonable given that they typically involve only additional operation and maintenance costs. Additionally, the 2021 Clarifications Memo provides that states that have assumed a higher emissions rate than a source has achieved or could potentially achieve using its existing measures should also consider lower emissions rates as potential control options. That is, a state should consider a source's recent actual and projected emission rates to determine if it could reasonably attain lower emission rates with its existing measures. If so, the state should analyze the lower emission rate as a control option for reducing emissions. 2021 Clarifications Memo at 7. The EPA's recommendations to analyze potential efficiency improvements and achievable lower emission rates apply to both sources that have been selected for four-factor analysis and those that have forgone a four-factor analysis on the basis of existing “effective controls.” See 2021 Clarifications Memo at 5, 10.
                </P>
                <P>
                    After identifying a reasonable set of potential control options for the sources it has selected, a state then collects information on the four factors with regard to each option identified. The EPA has also explained that, in addition to the four statutory factors, states have flexibility under the CAA and RHR to reasonably consider visibility benefits as an additional factor alongside the four statutory factors.
                    <SU>37</SU>
                    <FTREF/>
                     The 2019 Guidance provides recommendations for the types of information that can be used to characterize the four factors (with or without visibility), as well as ways in which states might reasonably consider and balance that information to determine which of the potential control options is necessary to make reasonable progress. See 2019 Guidance at 30-36. The 2021 Clarifications Memo contains further guidance on how states can reasonably consider modeled visibility impacts or benefits in the context of a four-factor analysis. 2021 Clarifications Memo at 12-13, 14-15. Specifically, the EPA explained that while visibility can reasonably be used when comparing and choosing between multiple reasonable control options, it should not be used to summarily reject controls that are reasonable given the four statutory factors. 2021 Clarifications Memo at 13. Ultimately, while states have discretion to reasonably weigh the factors and to determine what level of control is needed, § 51.308(f)(2)(i) provides that a state “must include in its implementation plan a description of . . . how the four factors were taken into consideration in selecting the measure for inclusion in its long-term strategy.”
                </P>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         See, 
                        <E T="03">e.g.,</E>
                         Responses to Comments on Protection of Visibility: Amendments to Requirements for State Plans; Proposed Rule (81 FR 26942, May 4, 2016), Docket ID Number EPA-HQ-OAR-2015-0531, U.S. Environmental Protection Agency at 186; 2019 Guidance at 36-37.
                    </P>
                </FTNT>
                <P>
                    As explained above, § 51.308(f)(2)(i) requires states to determine the emission reduction measures for sources that are necessary to make reasonable progress by considering the four factors. Pursuant to § 51.308(f)(2), measures that are necessary to make reasonable progress towards the national visibility goal must be included in a state's long-term strategy and in its SIP.
                    <SU>38</SU>
                    <FTREF/>
                     If the outcome of a four-factor analysis is a new, additional emission reduction measure for a source, that new measure is necessary to make reasonable progress towards remedying existing anthropogenic visibility impairment and must be included in the SIP. If the 
                    <PRTPAGE P="56701"/>
                    outcome of a four-factor analysis is that no new measures are reasonable for a source, continued implementation of the source's existing measures is generally necessary to prevent future emission increases and thus to make reasonable progress towards the second part of the national visibility goal: preventing future anthropogenic visibility impairment. See CAA 169A(a)(1). That is, when the result of a four-factor analysis is that no new measures are necessary to make reasonable progress, the source's existing measures are generally necessary to make reasonable progress and must be included in the SIP. However, there may be circumstances in which a state can demonstrate that a source's existing measures are 
                    <E T="03">not</E>
                     necessary to make reasonable progress. Specifically, if a state can demonstrate that a source will continue to implement its existing measures and will not increase its emissions rate, it may not be necessary to have those measures in the long-term strategy to prevent future emissions increases and future visibility impairment. The EPA's 2021 Clarifications Memo provides further explanation and guidance on how states may demonstrate that a source's existing measures are not necessary to make reasonable progress. See 2021 Clarifications Memo at 8-10. If the state can make such a demonstration, it need not include a source's existing measures in the long-term strategy or its SIP.
                </P>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         States may choose to, but are not required to, include measures in their long-term strategies beyond just the emission reduction measures that are necessary for reasonable progress. See 2021 Clarifications Memo at 16. For example, states with smoke management programs may choose to submit their smoke management plans to the EPA for inclusion in their SIPs but are not required to do so. See, 
                        <E T="03">e.g.,</E>
                         82 FR at 3108-09 (requirement to consider smoke management practices and smoke management programs under 40 CFR 51.308(f)(2)(iv) does not require states to adopt such practices or programs into their SIPs, although they may elect to do so).
                    </P>
                </FTNT>
                <P>
                    As with source selection, the characterization of information on each of the factors is also subject to the documentation requirement in § 51.308(f)(2)(iii). The reasonable progress analysis, including source selection, information gathering, characterization of the four statutory factors (and potentially visibility), balancing of the four factors, and selection of the emission reduction measures that represent reasonable progress, is a technically complex exercise, but also a flexible one that provides states with bounded discretion to design and implement approaches appropriate to their circumstances. Given this flexibility, § 51.308(f)(2)(iii) plays an important function in requiring a state to document the technical basis for its decision making so that the public and the EPA can comprehend and evaluate the information and analysis the state relied upon to determine what emission reduction measures must be in place to make reasonable progress. The technical documentation must include the modeling, monitoring, cost, engineering, and emissions information on which the state relied to determine the measures necessary to make reasonable progress. This documentation requirement can be met through the provision of and reliance on technical analyses developed through a regional planning process, so long as that process and its output has been approved by all state participants. In addition to the explicit regulatory requirement to document the technical basis of their reasonable progress determinations, states are also subject to the general principle that those determinations must be reasonably moored to the statute.
                    <SU>39</SU>
                    <FTREF/>
                     That is, a state's decisions about the emission reduction measures that are necessary to make reasonable progress must be consistent with the statutory goal of remedying existing and preventing future visibility impairment.
                </P>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         See 
                        <E T="03">Arizona ex rel. Darwin</E>
                         v. 
                        <E T="03">U.S. EPA,</E>
                         815 F.3d 519, 531 (9th Cir. 2016); 
                        <E T="03">Nebraska</E>
                         v. 
                        <E T="03">EPA,</E>
                         812 F.3d 662, 668 (8th Cir. 2016); 
                        <E T="03">North Dakota</E>
                         v. 
                        <E T="03">EPA,</E>
                         730 F.3d 750, 761 (8th Cir. 2013); 
                        <E T="03">Oklahoma</E>
                         v. 
                        <E T="03">EPA,</E>
                         723 F.3d 1201, 1206, 1208-10 (10th Cir. 2013); cf. 
                        <E T="03">Nat'l Parks Conservation Ass'n</E>
                         v. 
                        <E T="03">EPA,</E>
                         803 F.3d 151, 165 (3d Cir. 2015); 
                        <E T="03">Alaska Dep't of Envtl. Conservation</E>
                         v. 
                        <E T="03">EPA,</E>
                         540 U.S. 461, 485, 490 (2004).
                    </P>
                </FTNT>
                <P>
                    The four statutory factors (and potentially visibility) are used to determine what emission reduction measures for selected sources must be included in a state's long-term strategy for making reasonable progress. Additionally, the RHR at 40 CFR 51.3108(f)(2)(iv) separately provides five “additional factors” 
                    <SU>40</SU>
                    <FTREF/>
                     that states must consider in developing their long-term strategies: (1) Emission reductions due to ongoing air pollution control programs, including measures to address reasonably attributable visibility impairment; (2) measures to reduce the impacts of construction activities; (3) source retirement and replacement schedules; (4) basic smoke management practices for prescribed fire used for agricultural and wildland vegetation management purposes and smoke management programs; and (5) the anticipated net effect on visibility due to projected changes in point, area, and mobile source emissions over the period addressed by the long-term strategy. The 2019 Guidance provides that a state may satisfy this requirement by considering these additional factors in the process of selecting sources for four-factor analysis, when performing that analysis, or both, and that not every one of the additional factors needs to be considered at the same stage of the process. See 2019 Guidance at 21. The EPA provided further guidance on the five additional factors in the 2021 Clarifications Memo, explaining that a state should generally not reject cost-effective and otherwise reasonable controls merely because there have been emission reductions since the first planning period owing to other ongoing air pollution control programs or merely because visibility is otherwise projected to improve at Class I areas. Additionally, states generally should not rely on these additional factors to summarily assert that the state has already made sufficient progress and, therefore, no sources need to be selected or no new controls are needed regardless of the outcome of four-factor analyses. 2021 Clarifications Memo at 13.
                </P>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         The five “additional factors” for consideration in § 51.308(f)(2)(iv) are distinct from the four factors listed in CAA section 169A(g)(1) and 40 CFR 51.308(f)(2)(i) that states must consider and apply to sources in determining reasonable progress.
                    </P>
                </FTNT>
                <P>
                    Because the air pollution that causes regional haze crosses state boundaries, § 51.308(f)(2)(ii) requires a state to consult with other states that also have emissions that are reasonably anticipated to contribute to visibility impairment in a given Class I area. Consultation allows for each state that impacts visibility in an area to share whatever technical information, analyses, and control determinations may be necessary to develop coordinated emission management strategies. This coordination may be managed through inter- and intra-RPO consultation and the development of regional emissions strategies; additional consultations between states outside of RPO processes may also occur. If a state, pursuant to consultation, agrees that certain measures (
                    <E T="03">e.g.,</E>
                     a certain emission limitation) are necessary to make reasonable progress at a Class I area, it must include those measures in its SIP. 40 CFR 51.308(f)(2)(ii)(A). Additionally, the RHR requires that states that contribute to visibility impairment at the same Class I area consider the emission reduction measures the other contributing states have identified as being necessary to make reasonable progress for their own sources. 40 CFR 51.308(f)(2)(ii)(B). If a state has been asked to consider or adopt certain emission reduction measures, but ultimately determines those measures are not necessary to make reasonable progress, that state must document in its SIP the actions taken to resolve the disagreement. 40 CFR 51.308(f)(2)(ii)(C). The EPA will consider the technical information and explanations presented by the submitting state and the state with which it disagrees when considering whether to approve the state's SIP. See id.; 2019 Guidance at 53. Under all circumstances, a state must document in 
                    <PRTPAGE P="56702"/>
                    its SIP submission all substantive consultations with other contributing states. 40 CFR 51.308(f)(2)(ii)(C).
                </P>
                <HD SOURCE="HD2">D. Reasonable Progress Goals</HD>
                <P>
                    Reasonable progress goals “measure the progress that is projected to be achieved by the control measures states have determined are necessary to make reasonable progress based on a four-factor analysis.” 82 FR at 3091. Their primary purpose is to assist the public and the EPA in assessing the reasonableness of states' long-term strategies for making reasonable progress towards the national visibility goal for Class I areas within the state. See 40 CFR 51.308(f)(3)(iii)-(iv). States in which Class I areas are located must establish two RPGs, both in deciviews—one representing visibility conditions on the clearest days and one representing visibility on the most anthropogenically impaired days—for each area within their borders. 40 CFR 51.308(f)(3)(i). The two RPGs are intended to reflect the projected impacts, on the two sets of days, of the emission reduction measures the state with the Class I area, as well as all other contributing states, have included in their long-term strategies for the second implementation period.
                    <SU>41</SU>
                    <FTREF/>
                     The RPGs also account for the projected impacts of implementing other CAA requirements, including non-SIP based requirements. Because RPGs are the modeled result of the measures in states' long-term strategies (as well as other measures required under the CAA), they cannot be determined before states have conducted their four-factor analyses and determined the control measures that are necessary to make reasonable progress. See 2021 Clarifications Memo at 6.
                </P>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         RPGs are intended to reflect the projected impacts of the measures all contributing states include in their long-term strategies. However, due to the timing of analyses, control determinations by other states, and other on-going emissions changes, a particular state's RPGs may not reflect all control measures and emissions reductions that are expected to occur by the end of the implementation period. The 2019 Guidance provides recommendations for addressing the timing of RPG calculations when states are developing their long-term strategies on disparate schedules, as well as for adjusting RPGs using a post-modeling approach. 2019 Guidance at 47-48.
                    </P>
                </FTNT>
                <P>For the second implementation period, the RPGs are set for 2028. Reasonable progress goals are not enforceable targets, 40 CFR 51.308(f)(3)(iii); rather, they “provide a way for the states to check the projected outcome of the [long-term strategy] against the goals for visibility improvement.” 2019 Guidance at 46. While states are not legally obligated to achieve the visibility conditions described in their RPGs, § 51.308(f)(3)(i) requires that “[t]he long-term strategy and the reasonable progress goals must provide for an improvement in visibility for the most impaired days since the baseline period and ensure no degradation in visibility for the clearest days since the baseline period.” Thus, states are required to have emission reduction measures in their long-term strategies that are projected to achieve visibility conditions on the most impaired days that are better than the baseline period and that show no degradation on the clearest days compared to the clearest days from the baseline period. The baseline period for the purpose of this comparison is the baseline visibility condition—the annual average visibility condition for the period 2000-2004. See 40 CFR 51.308(f)(1)(i), 82 FR at 3097-98.</P>
                <P>
                    So that RPGs may also serve as a metric for assessing the amount of progress a state is making towards the national visibility goal, the RHR requires states with Class I areas to compare the 2028 RPG for the most impaired days to the corresponding point on the URP line (representing visibility conditions in 2028 if visibility were to improve at a linear rate from conditions in the baseline period of 2000-2004 to natural visibility conditions in 2064). If the most impaired days RPG in 2028 is above the URP (
                    <E T="03">i.e.,</E>
                     if visibility conditions are improving more slowly than the rate described by the URP), each state that contributes to visibility impairment in the Class I area must demonstrate, based on the four-factor analysis required under 40 CFR 51.308(f)(2)(i), that no additional emission reduction measures would be reasonable to include in its long-term strategy. 40 CFR 51.308(f)(3)(ii). To this end, 40 CFR 51.308(f)(3)(ii) requires that each state contributing to visibility impairment in a Class I area that is projected to improve more slowly than the URP provide “a robust demonstration, including documenting the criteria used to determine which sources or groups [of] sources were evaluated and how the four factors required by paragraph (f)(2)(i) were taken into consideration in selecting the measures for inclusion in its long-term strategy.” The 2019 Guidance provides suggestions about how such a “robust demonstration” might be conducted. See 2019 Guidance at 50-51.
                </P>
                <P>
                    The 2017 RHR, 2019 Guidance, and 2021 Clarifications Memo also explain that projecting an RPG that is on or below the URP based on only on-the-books and/or on-the-way control measures (
                    <E T="03">i.e.,</E>
                     control measures already required or anticipated before the four-factor analysis is conducted) is not a “safe harbor” from the CAA's and RHR's requirement that all states must conduct a four-factor analysis to determine what emission reduction measures constitute reasonable progress. The URP is a planning metric used to gauge the amount of progress made thus far and the amount left before reaching natural visibility conditions. However, the URP is not based on consideration of the four statutory factors and therefore cannot answer the question of whether the amount of progress being made in any particular implementation period is “reasonable progress.” See 82 FR at 3093, 3099-3100; 2019 Guidance at 22; 2021 Clarifications Memo at 15-16.
                </P>
                <HD SOURCE="HD2">E. Monitoring Strategy and Other State Implementation Plan Requirements</HD>
                <P>Section 51.308(f)(6) requires states to have certain strategies and elements in place for assessing and reporting on visibility. Individual requirements under this section apply either to states with Class I areas within their borders, states with no Class I areas but that are reasonably anticipated to cause or contribute to visibility impairment in any Class I area, or both. A state with Class I areas within its borders must submit with its SIP revision a monitoring strategy for measuring, characterizing, and reporting regional haze visibility impairment that is representative of all Class I areas within the state. SIP revisions for such states must also provide for the establishment of any additional monitoring sites or equipment needed to assess visibility conditions in Class I areas, as well as reporting of all visibility monitoring data to the EPA at least annually. Compliance with the monitoring strategy requirement may be met through a state's participation in the Interagency Monitoring of Protected Visual Environments (IMPROVE) monitoring network, which is used to measure visibility impairment caused by air pollution at the 156 Class I areas covered by the visibility program. 40 CFR 51.308(f)(6), (f)(6)(i), (f)(6)(iv). The IMPROVE monitoring data is used to determine the 20% most anthropogenically impaired and 20% clearest sets of days every year at each Class I area and tracks visibility impairment over time.</P>
                <P>
                    All states' SIPs must provide for procedures by which monitoring data and other information are used to determine the contribution of emissions from within the state to regional haze visibility impairment in affected Class I areas. 40 CFR 51.308(f)(6)(ii), (iii). Section 51.308(f)(6)(v) further requires 
                    <PRTPAGE P="56703"/>
                    that all states' SIPs provide for a statewide inventory of emissions of pollutants that are reasonably anticipated to cause or contribute to visibility impairment in any Class I area; the inventory must include emissions for the most recent year for which data are available and estimates of future projected emissions. States must also include commitments to update their inventories periodically. The inventories themselves do not need to be included as elements in the SIP and are not subject to the EPA's review as part of the Agency's evaluation of a SIP revision.
                    <SU>42</SU>
                    <FTREF/>
                     All states' SIPs must also provide for any other elements, including reporting, recordkeeping, and other measures, that are necessary for states to assess and report on visibility. 40 CFR 51.308(f)(6)(vi). Per the 2019 Guidance, a state may note in its regional haze SIP that its compliance with the Air Emissions Reporting Rule (AERR) in 40 CFR part 51, subpart A satisfies the requirement to provide for an emissions inventory for the most recent year for which data are available. To satisfy the requirement to provide estimates of future projected emissions, a state may explain in its SIP how projected emissions were developed for use in establishing RPGs for its own and nearby Class I areas.
                    <SU>43</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         See “Step 8: Additional requirements for regional haze SIPs” in 2019 Guidance at 55.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>43</SU>
                         Id.
                    </P>
                </FTNT>
                <P>
                    Separate from the requirements related to monitoring for regional haze purposes under 40 CFR 51.308(f)(6), the RHR also contains a requirement at § 51.308(f)(4) related to any additional monitoring that may be needed to address visibility impairment in Class I areas from a single source or a small group of sources. This is called “reasonably attributable visibility impairment.” 
                    <SU>44</SU>
                    <FTREF/>
                     Under this provision, if the EPA or the FLM of an affected Class I area has advised a state that additional monitoring is needed to assess reasonably attributable visibility impairment, the state must include in its SIP revision for the second implementation period an appropriate strategy for evaluating such impairment.
                </P>
                <FTNT>
                    <P>
                        <SU>44</SU>
                         The EPA's visibility protection regulations define “reasonably attributable visibility impairment” as “visibility impairment that is caused by the emission of air pollutants from one, or a small number of sources.” 40 CFR 51.301.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">F. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</HD>
                <P>Section 51.308(f)(5) requires a state's regional haze SIP revision to address the requirements of paragraphs 40 CFR 51.308(g)(1) through (5) so that the plan revision due in 2021 will serve also as a progress report addressing the period since submission of the progress report for the first implementation period. The regional haze progress report requirement is designed to inform the public and the EPA about a state's implementation of its existing long-term strategy and whether such implementation is in fact resulting in the expected visibility improvement. See 81 FR 26942, 26950 (May 4, 2016), (82 FR at 3119, January 10, 2017). To this end, every state's SIP revision for the second implementation period is required to describe the status of implementation of all measures included in the state's long-term strategy, including BART and reasonable progress emission reduction measures from the first implementation period, and the resulting emissions reductions. 40 CFR 51.308(g)(1) and (2).</P>
                <P>A core component of the progress report requirements is an assessment of changes in visibility conditions on the clearest and most impaired days. For second implementation period progress reports, § 51.308(g)(3) requires states with Class I areas within their borders to first determine current visibility conditions for each area on the most impaired and clearest days, 40 CFR 51.308(g)(3)(i), and then to calculate the difference between those current conditions and baseline (2000-2004) visibility conditions to assess progress made to date. See 40 CFR 51.308(g)(3)(ii). States must also assess the changes in visibility impairment for the most impaired and clearest days since they submitted their first implementation period progress reports. See 40 CFR 51.308(g)(3)(iii), (f)(5). Since different states submitted their first implementation period progress reports at different times, the starting point for this assessment will vary state by state.</P>
                <P>Similarly, states must provide analyses tracking the change in emissions of pollutants contributing to visibility impairment from all sources and activities within the state over the period since they submitted their first implementation period progress reports. See 40 CFR 51.308(g)(4), (f)(5). Changes in emissions should be identified by the type of source or activity. Section 51.308(g)(5) also addresses changes in emissions since the period addressed by the previous progress report and requires states' SIP revisions to include an assessment of any significant changes in anthropogenic emissions within or outside the state. This assessment must explain whether these changes in emissions were anticipated and whether they have limited or impeded progress in reducing emissions and improving visibility relative to what the state projected based on its long-term strategy for the first implementation period.</P>
                <HD SOURCE="HD2">G. Requirements for Federal Land Manager Coordination</HD>
                <P>CAA section 169A(d) requires that before a state holds a public hearing on a proposed regional haze SIP revision, it must consult with the appropriate FLM or FLMs; pursuant to that consultation, the state must include a summary of the FLMs' conclusions and recommendations in the notice to the public. Consistent with this statutory requirement, the RHR also requires that states “provide the [FLM] with an opportunity for consultation, in person and at a point early enough in the State's policy analyses of its long-term strategy emission reduction obligation so that information and recommendations provided by the [FLM] can meaningfully inform the State's decisions on the long-term strategy.” 40 CFR 51.308(i)(2). Consultation that occurs 120 days prior to any public hearing or public comment opportunity will be deemed “early enough,” but the RHR provides that in any event the opportunity for consultation must be provided at least 60 days before a public hearing or comment opportunity. This consultation must include the opportunity for the FLMs to discuss their assessment of visibility impairment in any Class I area and their recommendations on the development and implementation of strategies to address such impairment. 40 CFR 51.308(i)(2). For the EPA to evaluate whether FLM consultation meeting the requirements of the RHR has occurred, the SIP submission should include documentation of the timing and content of such consultation. The SIP revision submitted to the EPA must also describe how the state addressed any comments provided by the FLMs. 40 CFR 51.308(i)(3). Finally, a SIP revision must provide procedures for continuing consultation between the state and FLMs regarding the state's visibility protection program, including development and review of SIP revisions, five-year progress reports, and the implementation of other programs having the potential to contribute to impairment of visibility in Class I areas. 40 CFR 51.308(i)(4).</P>
                <HD SOURCE="HD1">IV. The EPA's Evaluation of North Dakota's Regional Haze Submission for the Second Implementation Period</HD>
                <P>
                    The EPA is proposing approval for the portions of North Dakota's 2022 SIP submission relating to CAA 169A and 40 CFR 51.308(f)(1): calculations of baseline, current, and natural visibility 
                    <PRTPAGE P="56704"/>
                    conditions, progress to date, and the uniform rate of progress; 40 CFR 51.308(f)(4): reasonably attributable visibility impairment; 40 CFR 51.308(f)(5): progress report requirements; and 40 CFR 51.308(f)(6): monitoring strategy and other implementation plan requirements. The EPA is proposing disapproval for the portions of North Dakota's 2022 SIP submission relating to CAA 169A and 40 CFR 51.308(f)(2): long-term strategy; 40 CFR 51.308(f)(3): reasonable progress goals; and 40 CFR 51.308(i): FLM consultation.
                </P>
                <HD SOURCE="HD2">A. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress Under 40 CFR 51.308(f)(1)</HD>
                <P>Section 51.308(f)(1) requires states to determine the following for “each mandatory Class I Federal area located within the State”: baseline visibility conditions for the most impaired and clearest days, natural visibility conditions for the most impaired and clearest days, progress to date for the most impaired and clearest days, the differences between current visibility conditions and natural visibility conditions, and the URP. This section also provides the option for states to propose adjustments to the URP line for a Class I area to account for visibility impacts from anthropogenic sources outside the United States and/or the impacts from wildland prescribed fires that were conducted for certain specified objectives. 40 CFR 51.308(f)(1)(vi)(B).</P>
                <P>North Dakota has two Class I areas located within the state: Lostwood Wilderness Area and Theodore Roosevelt National Park. North Dakota included visibility condition determinations for these Class I areas in its 2022 SIP submission.</P>
                <P>
                    In its 2022 SIP submission, North Dakota determined that Lostwood Wilderness Area has 2000-2004 baseline visibility conditions of 8.2 deciviews on the 20% clearest days and 18.3 deciviews on the 20% most impaired days.
                    <SU>45</SU>
                    <FTREF/>
                     North Dakota calculated an estimated natural background visibility of 2.9 deciviews on the 20% clearest days and 5.9 deciviews on the 20% most impaired days.
                    <SU>46</SU>
                    <FTREF/>
                     The current visibility conditions, which are based on 2014-2018 monitoring data, were 7.5 deciviews on the clearest days and 16.2 deciviews on the most impaired days, which are 4.6 deciviews and 10.3 deciviews greater than natural conditions on the respective sets of days.
                    <SU>47</SU>
                    <FTREF/>
                     North Dakota noted that while the five-year rolling average IMPROVE data from 2014-2018 indicate that Lostwood Wilderness Area is 0.80 deciviews above the unadjusted URP, that data also show that the area is 0.77 deciviews below the URP when adjusted for international impacts and prescribed fire.
                    <SU>48</SU>
                    <FTREF/>
                     When the URP is adjusted for these impacts, an annual decrease of 0.08 deciviews is needed to reach natural visibility on the 20% most impaired days.
                    <SU>49</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>45</SU>
                         North Dakota's 2022 SIP submission, 49, “Table 6: “IMPROVE Sites Clearest and Most Impaired Days Values.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>46</SU>
                         Id. at 49, “Table 7: “Natural Visibility for the Most Impaired and Clearest Days.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>47</SU>
                         Id. at 50, “Table 8: “Current (2014-2018) Visibility for the Most Impaired and Clearest Days.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>48</SU>
                         Id. at 52, “Figure 17: LWA Most Impaired Days Progress from 2000-2018” and “Figure 21: LWA Most Impaired Days Progress with Adjusted Glidepath from 2000-2018.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>49</SU>
                         Id. at 56, “Figure 21: LWA Most Impaired Days Progress with Adjusted Glidepath from 2000-2018.”
                    </P>
                </FTNT>
                <P>
                    In its 2022 SIP submission, North Dakota determined that Theodore Roosevelt National Park has 2000-2004 baseline visibility conditions of 7.8 deciviews on the 20% clearest days and 16.4 deciviews on the 20% most impaired days.
                    <SU>50</SU>
                    <FTREF/>
                     North Dakota calculated an estimated natural background visibility of 3.0 deciviews on the 20% clearest days and 5.9 deciviews on the 20% most impaired days.
                    <SU>51</SU>
                    <FTREF/>
                     The current visibility conditions, which are based on 2014-2018 monitoring data, were 5.9 deciviews on the clearest days and 14.1 deciviews on the most impaired days, which are 2.9 deciviews and 8.2 deciviews greater than natural conditions on the respective sets of days.
                    <SU>52</SU>
                    <FTREF/>
                     North Dakota noted that while the five-year rolling average IMPROVE data from 2014-2018 indicates that Theodore Roosevelt National Park is 0.80 deciviews above the unadjusted URP, the five-year rolling average IMPROVE data from 2014-2018 indicates that the park is 1.17 deciviews below the URP when adjusted for international impacts and prescribed fire.
                    <SU>53</SU>
                    <FTREF/>
                     When the URP is adjusted for these impacts, an annual decrease of 0.06 deciviews is needed to reach natural visibility on the 20% most impaired days.
                    <SU>54</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>50</SU>
                         Id. at 49, “Table 6: “IMPROVE Sites Clearest and Most Impaired Days Values.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>51</SU>
                         Id. at 49, “Table 7: “Natural Visibility for the Most Impaired and Clearest Days.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>52</SU>
                         Id. at 50, “Table 8: “Current (2014-2018) Visibility for the Most Impaired and Clearest Days.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>53</SU>
                         Id. at 53, “Figure 18: TRNP Most Impaired Days Progress from 2000-2018” and 57, “Figure 22: TRNP Most Impaired Days Progress with Adjusted Glidepath from 2000-2018.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>54</SU>
                         Id. at 57, “Figure 22: TRNP Most Impaired Days Progress with Adjusted Glidepath from 2000-2018.”
                    </P>
                </FTNT>
                <P>Based on this information, which is provided in section 3.2 of North Dakota's 2022 SIP submission, the EPA finds that the visibility condition calculations for Lostwood Wilderness Area and Theodore Roosevelt National Park meet the requirements of 40 CFR 51.308(f)(1). For this reason, the EPA proposes to approve the portions of North Dakota's 2022 SIP submission relating to 40 CFR 51.308(f)(1): calculations of baseline, current, and natural visibility conditions, progress to date, and the uniform rate of progress.</P>
                <HD SOURCE="HD2">B. North Dakota's Long-Term Strategy Under CAA 169A and 40 CFR 51.308(f)(2)</HD>
                <P>
                    Each state having a Class I area within its borders or emissions that may affect visibility in any Class I area outside the state must develop a long-term strategy for making reasonable progress towards the national visibility goal for each impacted Class I area. CAA 169A(b)(2)(B). As explained in the Background section of this document, reasonable progress is achieved when all states contributing to visibility impairment in a Class I area are implementing the measures determined—through application of the four statutory factors to sources of visibility impairing pollutants—to be necessary to make reasonable progress. 40 CFR 51.308(f)(2)(i). Each state's long-term strategy must include the enforceable emission limitations, compliance schedules, and other measures that are necessary to make reasonable progress. 40 CFR 51.308(f)(2). All new (
                    <E T="03">i.e.,</E>
                     additional) measures that are the outcome of four-factor analyses are necessary to make reasonable progress and must be in the long-term strategy. If the outcome of a four-factor analysis and other measures necessary to make reasonable progress is that no new measures are reasonable for a source, that source's existing measures are necessary to make reasonable progress, unless the state can demonstrate that the source will continue to implement those measures and will not increase its emission rate. Existing measures that are necessary to make reasonable progress must also be in the long-term strategy. In developing its long-term strategy, a state must also consider the five additional factors in § 51.308(f)(2)(iv). As part of its reasonable progress determinations, the state must describe the criteria used to 
                    <PRTPAGE P="56705"/>
                    determine which sources or group of sources were evaluated (
                    <E T="03">i.e.,</E>
                     subjected to four-factor analysis) for the second implementation period and how the four factors were taken into consideration in selecting the emission reduction measures for inclusion in the long-term strategy. 40 CFR 51.308(f)(2)(iii).
                </P>
                <P>States may rely on technical information developed by the RPOs of which they are members to select sources for four-factor analysis and to conduct that analysis, as well as to satisfy the documentation requirements under § 51.308(f). Where an RPO has performed source selection and/or four-factor analyses (or considered the five additional factors in § 51.308(f)(2)(iv)) for its member states, those states may rely on the RPO's analyses for the purpose of satisfying the requirements of § 51.308(f)(2)(i) so long as the states have a reasonable basis to do so and all state participants in the RPO process have approved the technical analyses. 40 CFR 51.308(f)(3)(iii). States may also satisfy the requirement of § 51.308(f)(2)(ii) to engage in interstate consultation with other states that have emissions that are reasonably anticipated to contribute to visibility impairment in a given Class I area under the auspices of intra- and inter-RPO engagement.</P>
                <P>The EPA is proposing to disapprove North Dakota's long-term strategy for the second planning period. As detailed in this notice of proposed rulemaking, we find that North Dakota has not met the requirements of CAA 169A(b)(2) and § 51.308(f)(2) on two separate grounds: (1) it relied on non-statutory rationales to reject controls it evaluated under the four statutory factors at Coyote Station and Antelope Valley; and (2) it failed to consider the four factors for Coal Creek and unreasonably rejected controls at Coal Creek and Leland Olds.</P>
                <HD SOURCE="HD3">1. North Dakota's Long-Term Strategy Under CAA 169A and 40 CFR 51.308(f)(2)(i)</HD>
                <P>
                    Section 169A(b)(2) of the CAA requires each state in which any Class I area is located or “the emissions from which may reasonably be anticipated to cause or contribute to any impairment of visibility” in a Class I area to have a plan for making reasonable progress toward the national visibility goal. CAA section 169A(g)(1) specifies: “[I]n determining reasonable progress there shall be taken into consideration the costs of compliance, the time necessary for compliance, and the energy and nonair quality environmental impacts of compliance, and the remaining useful life of any existing source subject to such requirements.” 
                    <SU>55</SU>
                    <FTREF/>
                     The RHR implements this statutory requirement in 40 CFR 51.308(f) for the second and subsequent planning periods for regional haze. 40 CFR 51.308(f) requires states to submit a long-term strategy that addresses regional haze visibility impairment for each mandatory Class I area within the state and for each mandatory Class I area located outside the state that may be affected by emissions from the state. 40 CFR 51.308(f)(2)(i) lays out the CAA 169A four-factor criteria for the evaluation and development of the long-term strategy.
                </P>
                <FTNT>
                    <P>
                        <SU>55</SU>
                         We refer to the CAA section 169A(g)(1) requirements as the four factors.
                    </P>
                </FTNT>
                <P>
                    In its 2022 SIP submission, North Dakota focused its control strategy analysis for the second planning period on emissions of NO
                    <E T="52">X</E>
                     and SO
                    <E T="52">2</E>
                    . NO
                    <E T="52">X</E>
                     and SO
                    <E T="52">2</E>
                     are the two main pollutants that react to form ammonium nitrates and ammonium sulfates, the main visibility impairing pollutants that affect visibility at Class I areas in North Dakota on the most impaired days. In North Dakota, point sources are the largest contributors to SO
                    <E T="52">2</E>
                     and NO
                    <E T="52">X</E>
                    . Thus, North Dakota focused on existing point sources in this planning period. North Dakota also evaluated oil and gas upstream operations.
                </P>
                <P>North Dakota selected ten facilities for four-factor analysis: Coyote Station, Antelope Valley, Milton R. Young Station, Coal Creek Station, Leland Olds Station, Heskett Station, Little Knife Gas Plant, Tioga Gas Plant, Northern Border Compressor Station #4, and Synfuels. Based on an analysis of the four factors, North Dakota declined to require additional emissions limitations, compliance schedules, or control measures at the selected sources. It determined that existing measures for all ten facilities comprise what is necessary to make reasonable progress and included those measures in its long-term strategy for the second implementation period. As detailed below, we are proposing to disapprove North Dakota's long-term strategy because the State did not meet the requirements of CAA 169A(b)(2), CAA 169A(g)(1), and 40 CFR 51.308(f)(2) by improperly relying on non-statutory considerations in its evaluation of Coyote Station and Antelope Valley and unreasonably rejecting controls at Coal Creek and Leland Olds.</P>
                <HD SOURCE="HD3">a. Reliance on Non-Statutory Considerations To Reject Reasonable Controls at Coyote Station and Antelope Valley</HD>
                <P>
                    Coyote Station and Antelope Valley are EGUs located in Mercer County, North Dakota. Coyote Station is a single unit EGU with a capacity to produce approximately 450 megawatts (MW) per hour of electricity. Antelope Valley is a two-unit EGU. Each unit at Antelope Valley has the capacity to produce approximately 470 MW per hour of electricity. For Coyote Station and Antelope Valley, North Dakota evaluated the time necessary for compliance, energy and nonair quality environmental impacts, and remaining useful life, ultimately concluding that these factors were not significant enough to eliminate any of the potential control measures the State identified. Of the four statutory factors, North Dakota considered the costs of compliance most heavily in its identification of controls for modeling review and to determine whether those controls are necessary for reasonable progress.
                    <SU>56</SU>
                    <FTREF/>
                     For Coyote Station, North Dakota evaluated two sets of controls: (1) selective non-catalytic reduction (SNCR) for NO
                    <E T="52">X</E>
                     control (at $1,700/ton of NO
                    <E T="52">X</E>
                     removed) and replacement of the existing SO
                    <E T="52">2</E>
                     absorber (at $1,800/ton of SO
                    <E T="52">2</E>
                     removed), which are consistent with control technologies and emissions rates of similar EGUs subject to the BART requirements; and (2) modification of the flue gas desulfurization (FGD) controls for SO
                    <E T="52">2</E>
                     (at $400/ton of SO
                    <E T="52">2</E>
                     removed), which would limit capital expenditures and facility modifications.
                    <SU>57</SU>
                    <FTREF/>
                     For Antelope Valley, North Dakota evaluated an SO
                    <E T="52">2</E>
                     control of increasing the stoichiometric ratio 
                    <SU>58</SU>
                    <FTREF/>
                     on the existing FGD (at $700/ton of SO
                    <E T="52">2</E>
                     removed), in line with control technologies and emissions rates of similar EGUs subject to the BART requirements; it did not select any NO
                    <E T="52">X</E>
                     controls for evaluation.
                    <SU>59</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>56</SU>
                         North Dakota's 2022 SIP submission at 99, 101.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>57</SU>
                         Id. at 99-100. North Dakota did not determine these costs to be unreasonable in its 2022 SIP submission.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>58</SU>
                         Stoichiometric ratio relates to the efficiency of the use of the reagent that reacts with SO
                        <E T="52">2</E>
                        . Stoichiometric ratio is defined as moles of reagent per mole of SO
                        <E T="52">2</E>
                        . Increasing the stoichiometric ratio will reduce the emission of SO
                        <E T="52">2</E>
                        .
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>59</SU>
                         North Dakota's 2022 SIP submission at 101-02. North Dakota did not determine the costs of the evaluated controls to be unreasonable in its 2022 SIP submission.
                    </P>
                </FTNT>
                <P>
                    Following its evaluation of controls under the four-factor analysis, the State then conducted a visibility modeling evaluation to assess the visibility improvements that could result from installation of controls at Coyote Station 
                    <PRTPAGE P="56706"/>
                    and Antelope Valley. North Dakota then declined to impose new emission limits on Coyote Station and Antelope Valley associated with the controls evaluated through its four-factor analysis, citing two separate bases: (1) the modeling showed no significant change in visibility at Lostwood Wilderness Area and Theodore Roosevelt National Park because improvements were smaller than could be perceived by an unaided human eye; and (2) Lostwood Wilderness Area and Theodore Roosevelt National Park were projected to achieve the adjusted URP by 2028.
                    <SU>60</SU>
                    <FTREF/>
                     North Dakota made no argument that the controls were not cost-effective. The State's rationales, whether individually or in combination, are not supported by the CAA and the RHR and do not justify North Dakota's rejection of cost-effective 
                    <SU>61</SU>
                    <FTREF/>
                     and otherwise reasonable controls at Coyote Station and Antelope Valley.
                </P>
                <FTNT>
                    <P>
                        <SU>60</SU>
                         Id. at 100, 102.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>61</SU>
                         The 2019 Guidance emphasized that “[w]hen the cost/ton of a possible measure is within the range of the cost/ton values that have been incurred multiple times by sources of similar type to meet regional haze requirements or any other CAA requirement, this weighs in favor of concluding that the cost of compliance is not an obstacle to the measure being considered necessary to make reasonable progress.” 2019 Guidance at 40. The NO
                        <E T="52">X</E>
                         and SO
                        <E T="52">2</E>
                         controls that North Dakota evaluated for Coyote Station and Antelope Valley range from $400/ton to $1800/ton. North Dakota did not determine these costs to be unreasonable. Indeed, these cost-effectiveness values are in line with—and in some cases well below—those the EPA and states found reasonable for regional haze control measures in the first planning period, even without adjusting for inflation. After evaluating first planning period cost of compliance values, plus the other BART statutory factors and/or the four reasonable progress statutory factors, the vast majority of cost/ton values &lt;$2,500/ton were found to be reasonable and cost-effective. This includes control determinations for sources both within North Dakota and in other states. Examples for several sources can be found at: 76 FR 16168, 16180-81 (Mar. 22, 2011) (proposed), finalized at 76 FR 81728 (Dec. 28, 2011) (Oklahoma); 76 FR 58570, 58586 (Sept. 21, 2011) (proposed), finalized at 77 FR 20894 (Apr. 6, 2012) (North Dakota); 77 FR 24794, 24817 (Apr. 25, 2012) (proposed), finalized at 77 FR 51915 (Aug. 28, 2012) (New York); 77 FR 18052, 18070-71 (Mar. 26, 2012) (proposed), finalized at 77 FR 76871 (Dec. 31, 2012) (Colorado); and 77 FR 73369, 73378 (Dec. 10, 2012) (proposed), finalized at 78 FR 53250 (Aug. 29, 2013) (Florida). The cited costs have not been adjusted for inflation.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">i. North Dakota Unreasonably Rejected Controls Based on Visibility Modeling</HD>
                <P>
                    North Dakota used two emission control scenarios to model potential visibility improvements at Theodore Roosevelt National Park and Lostwood Wilderness. Visibility modeling for the first scenario (installing controls similar to BART at Coyote Station and increasing the stoichiometric ratio on the existing FGD unit at Antelope Valley) resulted in projected visibility improvement of 0.10 deciviews at Lostwood Wilderness Area and 0.08 deciviews at Theodore Roosevelt National Park. Visibility modeling for the second scenario (installing controls at Coyote Station based on “limited capital expenditure and facility modifications, while still achieving sizeable [emission] reductions”) produced projected visibility improvement of 0.04 deciviews at Lostwood Wilderness Area and 0.03 deciviews at Theodore Roosevelt National Park.
                    <SU>62</SU>
                    <FTREF/>
                     North Dakota rejected both control scenarios for inclusion in its long-term strategy because these visibility improvements “are not considered significant since the improvements are smaller than what is perceptible by an unaided human eye.” 
                    <SU>63</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>62</SU>
                         North Dakota's 2022 SIP submission at 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>63</SU>
                         Id. at 100 (Coyote Station), 102 (Antelope Valley).
                    </P>
                </FTNT>
                <P>As explained in section B.1.a.i.(a) below, we find that North Dakota unreasonably relied on visibility modeling to reject controls at Coyote Station and Antelope Valley. Whether visibility impacts are “significant” or “perceptible” is not a sufficient basis to reject cost-effective and otherwise reasonable emission controls under the CAA and RHR. In addition, North Dakota's visibility analysis failed to account for visibility impacts at out-of-state Class I areas that may be affected by emissions from North Dakota.</P>
                <HD SOURCE="HD3">(a) Modeling Showing No “Significant” Change in Visibility Is Not a Sufficient Basis To Reject Controls Under CAA 169A and 40 CFR 51.308(f)(2)(i)</HD>
                <P>
                    North Dakota improperly rejected controls for Coyote Station and Antelope Valley that it evaluated via the four-factor analysis required by CAA 169A(g)(1) and 40 CFR 51.308(f)(2)(i) based on consideration of whether the visibility improvement from those controls would be “significant.” The State's rationale lacks foundation in both the text and the purpose of the CAA and RHR. Nowhere in the statute or regulations is there a requirement that control measures produce perceptible visibility improvements to be considered necessary to make reasonable progress at a particular Class I area. The 2017 RHR explained: “Regional haze is visibility impairment that is caused by the emission of air pollutants from numerous sources located over a wide geographic area. At any given Class I area, hundreds or even thousands of individual sources may contribute to regional haze. Thus, it would not be appropriate for a state to reject a control measure (or measures) because its effect on the RPG is subjectively assessed as not `meaningful.' ” 
                    <SU>64</SU>
                    <FTREF/>
                     Even though the visibility impacts of emissions from some individual sources may not be “perceptible” (as determined by North Dakota), those sources may still have a meaningful impact on visibility in the aggregate.
                    <SU>65</SU>
                    <FTREF/>
                     Achieving Congress's national goal will require serious evaluation of control measures at Antelope Valley and Coyote Station, particularly because the largest individual contributors to visibility impairment have already been controlled or retired.
                    <SU>66</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>64</SU>
                         82 FR at 3093.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>65</SU>
                         2021 Clarifications Memo at 14.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>66</SU>
                         Id.
                    </P>
                </FTNT>
                <P>
                    After evaluating control measures for Coyote Station and Antelope Valley using four-factor analysis, North Dakota then determined, based on the results of visibility modeling, that those controls were not necessary to make reasonable progress toward meeting the national goal without tying that determination back to the four statutory factors. The CAA and RHR are clear that the four statutory factors must be considered when determining the enforceable emissions limitations, schedules of compliance, or other measures that are necessary for reasonable progress toward meeting the national goal. Nothing in the language of either the CAA or the RHR suggests that non-statutory factors, such as whether visibility improvement is “perceptible” or “significant,” can outweigh the results of an analysis based on those factors explicitly prescribed in the statute. As the EPA has previously explained, states should not use visibility impacts to summarily dismiss cost-effective potential controls,
                    <SU>67</SU>
                    <FTREF/>
                     as North Dakota has done.
                    <SU>68</SU>
                    <FTREF/>
                     The EPA has interpreted the CAA and RHR to allow states to consider visibility alongside the four statutory factors. For example, visibility modeling can be used to compare the visibility benefits of cost-effective controls selected through four-factor analysis to determine which controls produce the greatest visibility benefits compared to their costs, or prioritizing which among several sources should install controls during a planning period.
                    <SU>69</SU>
                    <FTREF/>
                     By contrast, North 
                    <PRTPAGE P="56707"/>
                    Dakota employed the non-statutory factor of “insignificant” visibility benefit as the basis for rejecting controls, using it to outweigh controls shown to be reasonable by proper application of the four statutory factors. This is inconsistent with the CAA.
                </P>
                <FTNT>
                    <P>
                        <SU>67</SU>
                         Id. at 13.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>68</SU>
                         North Dakota's 2022 SIP submission at 100 (concluding that “[s]ince the modeling has indicated no expected significant change in visibility . . . the Department does not believe any additional SO
                        <E T="52">2</E>
                         or NO
                        <E T="52">X</E>
                         controls at Coyote should be required for installation during this planning period”), 102 (reaching same conclusion for Antelope Valley).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>69</SU>
                         2021 Clarifications Memo at 12-13.
                    </P>
                </FTNT>
                <P>
                    Recent annual emissions data from EPA's Clean Air Markets Program Data also contradict North Dakota's conclusion that no controls are needed for Antelope Valley and Coyote Station due to the lack of “significant” visibility improvement for otherwise cost-effective controls. In fact, Antelope Valley and Coyote Station ranked 17th and 18th, respectively, in facility-wide SO
                    <E T="52">2</E>
                     emissions across the United States.
                    <SU>70</SU>
                    <FTREF/>
                     Across all states, North Dakota's EGU SO
                    <E T="52">2</E>
                     emissions ranked 10th.
                    <SU>71</SU>
                    <FTREF/>
                     The magnitude of SO
                    <E T="52">2</E>
                     emissions from Antelope Valley and Coyote Station specifically, as well as all of North Dakota's EGUs statewide, combined with the outcome of the four-factor analyses, emphasize that emission reductions at Antelope Valley and Coyote Station from additional SO
                    <E T="52">2</E>
                     controls could result in meaningful improvement at impacted Class I areas and achieve reasonable progress.
                </P>
                <FTNT>
                    <P>
                        <SU>70</SU>
                         “CAMPD Emissions Custom Data Download,” available in the docket for this action.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>71</SU>
                         Id.
                    </P>
                </FTNT>
                <P>
                    Additionally, even if using “insignificant” visibility benefit to outweigh the four statutory factors were allowable, North Dakota relied on an overly narrow analysis of the visibility modeling. The State considered projected visibility improvements only on the most impaired days, as opposed to analyzing projected visibility improvements for all of the days, to reject controls at Coyote Station and Antelope Valley.
                    <SU>72</SU>
                    <FTREF/>
                     The CAA and RHR, however, require states to make reasonable progress toward both remedying any existing 
                    <E T="03">and</E>
                     preventing any future visibility impairment; focusing on only the most impaired days ignores the latter statutory directive.
                    <SU>73</SU>
                    <FTREF/>
                     As the EPA has previously explained, assessing overall visibility impairment on the 20 percent most impaired and clearest days is the required metric for tracking visibility impairment at Class I areas.
                    <SU>74</SU>
                    <FTREF/>
                     Assessing modeled visibility improvement on only the most impaired days may not accurately reflect individual sources' contribution to overall visibility impairment at Class I areas.
                    <SU>75</SU>
                    <FTREF/>
                     Depending on wind direction and other meteorological factors, emissions from a single source may not always or frequently impact a particular Class I area, but there may be individual day visibility impacts that are important to consider (both within the set of 20 percent most impaired days and outside that set of days). Thus, the EPA has recommended examination of the maximum daily visibility impact on all days as a more meaningful metric for individual source visibility modeling.
                    <SU>76</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>72</SU>
                         North Dakota's 2022 SIP submission, 100, 102.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>73</SU>
                         CAA 169A(a)(1), (b)(2)(B), and (g)(1); 40 CFR 51.308(f)(2)(i).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>74</SU>
                         40 CFR 51.308(f)(1); 2019 Guidance at 15.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>75</SU>
                         2019 Guidance at 15-16.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>76</SU>
                         Id.
                    </P>
                </FTNT>
                <P>
                    Finally, even if these values from the modeled visibility improvement projections adequately accounted for the important meteorological variability and other parameters, North Dakota improperly discounted these values in formulating its long-term strategy. Put into the proper context, visibility improvements in two Class I areas in the range of 0.03 to 0.04 deciviews (in the case of “limited capital expenditure” controls at just one source, Coyote Station) and 0.08 to 0.10 deciviews (in the case of BART-consistent and modification-based controls at Coyote Station and Antelope Valley) may be considered a meaningful improvement. Because regional haze is caused by hundreds of thousands of sources across a wide geographic area, very few if any sources will individually have impacts that would meet a threshold considered perceptible to the human eye.
                    <SU>77</SU>
                    <FTREF/>
                     Nonetheless, these impacts, even if not individually perceptible, have a meaningful impact on visibility in Class I areas in the aggregate.
                    <SU>78</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>77</SU>
                         2021 Clarifications Memo at 14.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>78</SU>
                         Id.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">(b) North Dakota Failed To Consider Visibility Impacts at Out-of-State Class I Areas</HD>
                <P>North Dakota's reliance on visibility modeling to reject controls at Coyote Station and Antelope Valley is also unreasonable because it failed to consider visibility impacts at out-of-state Class I areas. North Dakota modeled potential visibility improvements only at its two in-state Class I areas: Theodore Roosevelt National Park and Lostwood Wilderness Area. However, the record shows that North Dakota sources are reasonably anticipated to cause or contribute to visibility impairment at out-of-state Class I areas including Medicine Lake Wilderness Area, Badlands National Park, Voyageurs National Park, and Boundary Waters Canoe Area Wilderness. North Dakota's evaluation of visibility improvements did not consider these out-of-state Class I areas; in fact, the long-term strategy chapter (section 5) of North Dakota's 2022 SIP submission does not even reference out-of-state Class I areas. Thus, North Dakota's evaluation of visibility improvements, which it relied on to determine that controls at Coyote Station and Antelope Valley are not necessary to make reasonable progress at Class I areas that may be affected by emissions from North Dakota, is not supported by the record.</P>
                <P>
                    North Dakota's 2022 SIP submission includes numerous data points showing the impact of North Dakota sources on out-of-state Class I areas. However, it is not entirely clear whether North Dakota made a determination on whether its sources “may reasonably be anticipated to cause or contribute to any impairment of visibility” in those out-of-state Class I areas.
                    <SU>79</SU>
                    <FTREF/>
                     On the one hand, North Dakota asserted that “[d]ue to the insignificant impacts from North Dakota sources on out of state CIAs, no sources were identified as reasonably anticipated to impact out of state CIAs.” 
                    <SU>80</SU>
                    <FTREF/>
                     On the other, North Dakota also repeatedly acknowledged, based on its review of WRAP visibility modeling data, that its sources potentially contribute to visibility impairment in several out-of-state Class I areas.
                    <SU>81</SU>
                    <FTREF/>
                     Based on our review of WRAP Weighted Emission Potential (WEP) 
                    <SU>82</SU>
                    <FTREF/>
                     results, WRAP source-apportionment data available via WRAP's Technical Support System (TSS), and visibility impairment contribution modeling from Minnesota's 2022 SIP submission, we find that North Dakota sources are reasonably anticipated to contribute to impairment in out-of-state Class I areas including Medicine Lake Wilderness Area, Badlands National Park, Voyageurs National Park, and Boundary Waters Canoe Area Wilderness. Thus, North Dakota was required to develop a long-term strategy that includes the emission reduction measures necessary to make reasonable progress in both in-state and out-of-state Class I areas that may be affected by emissions from North Dakota.
                </P>
                <FTNT>
                    <P>
                        <SU>79</SU>
                         CAA 169A(b)(2).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>80</SU>
                         North Dakota's 2022 SIP submission at 39.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>81</SU>
                         Id., appendix C.3.3-C.3.9, C.3.12-C.3.13, C.3.16.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>82</SU>
                         WEP is a quantitative method of analyzing how pollutants from particular sources may be transported to other areas.
                    </P>
                </FTNT>
                <P>
                    For impacts on Montana's Class I areas, North Dakota states in its 2022 SIP submission that Figure 14 in appendix C.3-9 (WEP results for Medicine Lake Wilderness Area in Montana) “shows that North Dakota EGU sources have some potential for impairment regarding SO
                    <E T="52">2</E>
                     and NO
                    <E T="52">X</E>
                    .” Also, in appendix C.3 of North Dakota's 
                    <PRTPAGE P="56708"/>
                    2022 SIP submission, North Dakota states that “Figure 15 demonstrates the potential for impairment from North Dakota oil and gas sources.” In Figures 14 and 15, sources in the western half of North Dakota have ammonium nitrate and ammonium sulfate extinction weighted residence time impacts as large as 5 to 10% of the total extinction weighted residence time at Medicine Lake Wilderness Area.
                    <SU>83</SU>
                    <FTREF/>
                     Thus, Figures 14 and 15 clearly show potential for impairment of Medicine Lake Wilderness Area from both North Dakota EGU and oil and gas sources. North Dakota's own data, presented in Figures 14 and 15, demonstrates the potential for impairment of visibility at Medicine Lake Wilderness Area from sources within North Dakota.
                </P>
                <FTNT>
                    <P>
                        <SU>83</SU>
                         North Dakota's 2022 SIP submission, 42 (Figure 14) and 44 (Figure 15). While there is no numerical threshold in the CAA or RHR for determining when a state “may be reasonably anticipated to cause or contribute” to a Class I area, the Ninth Circuit has interpreted the language “may reasonably be anticipated to cause or contribute” under CAA section 169A(b)(2) to establish an extremely low triggering threshold for requiring a source to control emissions for the purposes of addressing its impact on Class I areas. 
                        <E T="03">Central Arizona Water Conservation Dist.</E>
                         v. 
                        <E T="03">EPA,</E>
                         990 F.2d 1531 (1993). The EPA referenced this decision in the 1999 Regional Haze Rule, noting that the court found that the language “may reasonably be anticipated to cause or contribute” establishes an “extremely low triggering threshold” for requiring a source to control emissions, adding that “the NAS [National Academy of Sciences] correctly noted that Congress has not required ironclad scientific certainty establishing the precise relationship between a source's emission and resulting visibility impairment.” 64 FR at 35721.
                    </P>
                </FTNT>
                <P>
                    In addition, the data in WRAP's TSS indicate that North Dakota sources are reasonably anticipated to impact Medicine Lake Wilderness Area. The EPA used WRAP's State Source Group Contributions to U.S. Anthropogenic Impairment tool for Medicine Lake Wilderness Area to analyze North Dakota sources' contribution to visibility impairment in that area. In terms of both ammonium sulfate extinction (0.86 Mm
                    <E T="51">−1</E>
                    ) and ammonium nitrate extinction (0.99 Mm
                    <E T="51">−1</E>
                    ), North Dakota had a greater impact on visibility impairment than any other WRAP state, including Montana (0.64 Mm
                    <E T="51">−1</E>
                     ammonium nitrate extinction and 0.57 Mm
                    <E T="51">−1</E>
                     ammonium sulfate extinction), where Medicine Lake Wilderness Area is located.
                    <SU>84</SU>
                    <FTREF/>
                     Even with all this data, North Dakota did not consider the visibility impacts on Medicine Lake Wilderness Area when it rejected controls at Coyote Station and Antelope Valley, following four-factor analysis, on the basis that the associated visibility benefits at Class I areas were not significant enough to justify inclusion of those controls in its long-term strategy.
                </P>
                <FTNT>
                    <P>
                        <SU>84</SU>
                         “TSS XY Chart—Product #XMTP_SASB_LUCS.” WRAP Technical Support System (TSS); CSU and the Cooperative Institute for Research in the Atmosphere (CIRA), 04 Dec 2023.
                    </P>
                </FTNT>
                <P>
                    For impacts on South Dakota's Class I areas, North Dakota's analysis of WEP results indicates that in-state potential contributions to impairment to Badlands National Park are due to emissions from the EGU and oil and gas sectors. In Figure 21 of appendix C.3-13 of North Dakota's 2022 SIP submission, several sources in the western half of North Dakota show impacts greater than 0.5% to 10% of the total extinction weighted residence time at Badlands National Park.
                    <SU>85</SU>
                    <FTREF/>
                     Figure 22 in North Dakota's 2022 SIP submission shows EGU ammonium nitrate and ammonium sulfate extinction weighted residence time impacts of 1 to 10% of the total extinction weighted residence time at Badlands National Park.
                    <SU>86</SU>
                    <FTREF/>
                     In Figure 23, multiple grid cells in North Dakota with oil and gas sources show contributions of 1 to 3% of the total extinction weighted residence time at Badlands National Park.
                    <SU>87</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>85</SU>
                         
                        <E T="03">See</E>
                         footnote 55.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>86</SU>
                         North Dakota's 2022 SIP submission, appendix C.3-13.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>87</SU>
                         Id.
                    </P>
                </FTNT>
                <P>
                    In addition, WRAP's State Source Group Contributions to US Anthropogenic Impairment tool for Badlands National Park shows that visibility impairing pollutants from North Dakota sources contribute more to visibility impairment at Badlands National Park than any other state. In fact, North Dakota sources have a greater contribution to visibility impairment at Badlands National Park than sources in South Dakota, where Badlands National Park is located.
                    <SU>88</SU>
                    <FTREF/>
                     North Dakota sources contribute ammonium sulfate extinction of 0.74 Mm
                    <E T="51">−1</E>
                     and ammonium nitrate extinction of 0.36 Mm
                    <E T="51">−1</E>
                    , while South Dakota sources contribute ammonium sulfate extinction of 0.03 Mm
                    <E T="51">−1</E>
                     and ammonium nitrate extinction of 0.13 Mm
                    <E T="51">−1</E>
                    .
                    <SU>89</SU>
                    <FTREF/>
                     Here too, North Dakota failed to consider visibility impacts on Badlands National Park when it rejected controls at Coyote Station and Antelope Valley, following four-factor analysis, on the basis that the associated visibility benefits at Class I areas were not significant enough to justify inclusion of those controls in its long-term strategy.
                </P>
                <FTNT>
                    <P>
                        <SU>88</SU>
                         “TSS XY Chart—Product #XMTP_SASB_LUCS.” WRAP Technical Support System (TSS); CSU and the Cooperative Institute for Research in the Atmosphere (CIRA), 04 Dec 2023.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>89</SU>
                         Id.
                    </P>
                </FTNT>
                <P>
                    For impacts on Minnesota Class I areas, North Dakota states in Figure 10 in appendix C.3-7 of its 2022 SIP submission (WEP results for Voyageurs National Park in Minnesota) that “North Dakota EGU sources show some potential for impairment regarding SO
                    <E T="52">2</E>
                    .” 
                    <SU>90</SU>
                    <FTREF/>
                     North Dakota considered the WEP results at Voyageurs National Park as reflective of the impairment at Boundary Waters Canoe Area Wilderness and did not perform a separate WEP analysis for that area.
                </P>
                <FTNT>
                    <P>
                        <SU>90</SU>
                         North Dakota's 2022 SIP submission, appendix C.3-7.
                    </P>
                </FTNT>
                <P>
                    The data in WRAP's TSS indicate that North Dakota sources are reasonably anticipated to impact Voyageurs National Park. The EPA used WRAP's State Source Group Contributions to US Anthropogenic Impairment tool for Voyageurs National Park to analyze North Dakota sources' contribution to visibility impairment in that area. In terms of both ammonium sulfate extinction (0.55 Mm
                    <E T="51">−1</E>
                    ) and ammonium nitrate extinction (0.57 Mm
                    <E T="51">−1</E>
                    ), North Dakota had a greater impact on visibility impairment than any other WRAP state.
                    <SU>91</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>91</SU>
                         “TSS XY Chart—Product #XMTP_SASB_LUCS.” WRAP Technical Support System (TSS); CSU and the Cooperative Institute for Research in the Atmosphere (CIRA), 04 Dec 2023. WRAP states include Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.
                    </P>
                </FTNT>
                <P>
                    Further, Minnesota performed modeling in its 2022 SIP submission to assess contributions to visibility impairment in its two Class I areas: Voyageurs National Park and Boundary Waters Canoe Area Wilderness. This modeling showed that North Dakota contributed 5.9% of the total visibility impairment at Voyageurs National Park and 4.8% of the total visibility impairment at Boundary Waters Canoe Area Wilderness.
                    <SU>92</SU>
                    <FTREF/>
                     These contributions are higher than any other state besides Minnesota. According to Minnesota's 2022 SIP submission, Minnesota began state-to-state consultation with North Dakota in March 2021, and informed North Dakota about its potential contributions to Minnesota Class I areas in June 2022, prior to when North Dakota submitted its 2022 SIP submission.
                    <SU>93</SU>
                    <FTREF/>
                     And again, even with all this data, North Dakota did not consider impacts on Voyagers National Park and Boundary Waters Canoe Area Wilderness when it rejected controls for Coyote Station and Antelope Valley, following four-factor analysis, on the basis that the associated visibility benefits at Class I areas were not significant enough to justify requiring those controls in its long-term strategy.
                </P>
                <FTNT>
                    <P>
                        <SU>92</SU>
                         Minnesota's 2022 SIP submission, 31.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>93</SU>
                         Id. at 144.
                    </P>
                </FTNT>
                <P>
                    In sum, data from the WEP analysis, WRAP's TSS, and visibility modeling performed by Minnesota indicate that 
                    <PRTPAGE P="56709"/>
                    North Dakota sources are reasonably anticipated to cause or contribute to visibility impairment at out-of-state Class I areas including Medicine Lake Wilderness Area, Badlands National Park, Voyageurs National Park, and Boundary Waters Canoe Area Wilderness. When it considered the visibility improvements associated with the potential emission controls it evaluated through four-factor analysis, however, North Dakota only considered visibility impacts at in-state Class I areas. Thus, the visibility improvement values that North Dakota characterized as insignificant did not reflect potential improvements at any affected out-of-state Class I areas. As a result, North Dakota's evaluation of visibility improvements and its subsequent conclusion that emission controls at Coyote Station and Antelope Valley are not necessary to make reasonable progress at Class I areas are not adequately supported on the record.
                </P>
                <HD SOURCE="HD3">ii. Projections That North Dakota Class I Areas Will Meet the Adjusted Uniform Rate of Progress Is Not a Sufficient Basis To Reject Controls Under 40 CFR 51.308(f)(2)(i)</HD>
                <P>
                    In rejecting controls it evaluated for Coyote Station and Antelope Valley through four-factor analysis, North Dakota also reasoned that Lostwood Wilderness Area and Theodore Roosevelt National Park were projected to achieve the adjusted URP by 2028.
                    <SU>94</SU>
                    <FTREF/>
                     As the EPA has consistently explained, it is not appropriate for states to use the URP as a “safe harbor” to conclude that additional controls, including potentially cost-effective and otherwise reasonable controls, are not necessary for reasonable progress on the basis that Class I areas are below their URPs. The 2017 RHR explains:
                </P>
                <FTNT>
                    <P>
                        <SU>94</SU>
                         North Dakota's 2022 SIP submission, 100, 102.
                    </P>
                </FTNT>
                <P>
                    The CAA requires that each SIP revision contain long-term strategies for making reasonable progress, and that in determining reasonable progress states must consider the four statutory factors. Treating the URP as a safe harbor would be inconsistent with the statutory requirement that states assess the potential to make further reasonable progress towards [the] natural visibility goal in every implementation period. Even if a state is currently on or below the URP, there may be sources contributing to visibility impairment for which it would be reasonable to apply additional control measures in light of the four factors. Although it may conversely be the case that no such sources or control measures exist in a particular state with respect to a particular Class I area and implementation period, this should be determined based on a four-factor analysis for a reasonable set of in-state sources that are contributing the most to the visibility impairment that is still occurring at the Class I area. It would bypass the four statutory factors and undermine the fundamental structure and purpose of the reasonable progress analysis to treat the URP as a safe harbor, or as a rigid requirement.
                    <SU>95</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>95</SU>
                         82 FR at 3099-3100.
                    </P>
                </FTNT>
                <P>
                    The EPA reiterated this concept in the 2019 Guidance 
                    <SU>96</SU>
                    <FTREF/>
                     and in the 2021 Clarifications Memo.
                    <SU>97</SU>
                    <FTREF/>
                     Treating the URP as safe harbor is inconsistent with statutory requirements and undermines the core structure of a proper regional haze analysis.
                </P>
                <FTNT>
                    <P>
                        <SU>96</SU>
                         2019 Guidance at 50.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>97</SU>
                         2021 Clarifications Memo at 15-16.
                    </P>
                </FTNT>
                <P>Notably, the CAA and RHR do not include the URP among the four statutory factors states must consider in developing their long-term strategies. North Dakota relied on this consideration to reject controls that its four-factor analysis did not show to be unreasonable. Thus, North Dakota's conclusion that no new controls are necessary (whether in whole or in part) because the State's Class I areas are below the adjusted URP is inconsistent with the plain text of the CAA and RHR.</P>
                <HD SOURCE="HD3">b. Failure To Consider the Four Factors at Coal Creek and Unreasonable Rejection of Controls at Coal Creek and Leland Olds</HD>
                <P>
                    Coal Creek is a two-unit mine-mouth power plant located in McLean County, North Dakota with a capacity to produce approximately 1,200 gross MW per hour of electricity. For the second implementation period, North Dakota did not perform a separate four-factor analysis for NO
                    <E T="52">X</E>
                     controls at Coal Creek, pointing to its first planning period NO
                    <E T="52">X</E>
                     BART determination for Coal Creek to satisfy reasonable progress for NO
                    <E T="52">X</E>
                    .
                    <SU>98</SU>
                    <FTREF/>
                     The 2017 RHR Revisions clarified that, as specified in CAA section 169A(g)(1), reasonable progress must be determined by applying the four statutory factors (costs of compliance, time necessary for compliance, energy and nonair quality environmental impacts of compliance, and remaining useful life of the source): “The CAA requires that each SIP revision contain long-term strategies for making reasonable progress, and that in determining reasonable progress states must consider the four statutory factors.” 
                    <SU>99</SU>
                    <FTREF/>
                     Here, North Dakota used a five-factor BART analysis performed for the first planning period in an attempt to satisfy the requirement to consider the four statutory factors under reasonable progress in the second planning period. Though there is some overlap between the four factors considered under reasonable progress and the five factors considered under BART,
                    <SU>100</SU>
                    <FTREF/>
                     North Dakota's analysis failed to consider one of the four factors under reasonable progress: time necessary for compliance. North Dakota failed to satisfy a core statutory requirement by not considering each of the four statutory factors in its reasonable progress analysis focused on NO
                    <E T="52">X</E>
                     for Coal Creek.
                </P>
                <FTNT>
                    <P>
                        <SU>98</SU>
                         North Dakota's 2022 SIP submission, 103, 144.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>99</SU>
                         82 FR at 3099; 
                        <E T="03">see also</E>
                         CAA 169A(b)(2)(B), (g)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>100</SU>
                         CAA 169A(g)(1)-(2); 40 CFR 51.308(e)(1)(ii)(A), 51.308(f)(2)(i). Under CAA 169A(g)(2), the five BART factors are costs of compliance, the energy and nonair quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.
                    </P>
                </FTNT>
                <P>
                    Further, as we explained in the 2021 Clarifications Memo, a state that is relying on a source's existing effective controls to avoid performing a four-factor analysis should explain why an analysis “would not result in new controls and would, therefore, be a futile exercise.” 
                    <SU>101</SU>
                    <FTREF/>
                     Here, however, in its BART five-factor analysis for Coal Creek Units 1 and 2 (which the EPA is not acting on in this proposed rulemaking), North Dakota evaluated more stringent control technologies (SNCR and SCR) beyond what North Dakota selected for BART. It stated that the average cost-effectiveness of SNCR at $3,300/ton appeared reasonable, but ultimately concluded that the incremental costs were high enough to warrant selection of a less stringent cost-effective technology.
                    <SU>102</SU>
                    <FTREF/>
                     Thus, it is clear that additional, more stringent NO
                    <E T="52">X</E>
                     controls for Coal Creek exist, and should be evaluated under the four statutory factors for the purpose of determining the measures necessary to make reasonable progress for the second implementation period.
                </P>
                <FTNT>
                    <P>
                        <SU>101</SU>
                         2021 Clarifications Memo at 5; see also 2019 Guidance at 22 (explaining that the reason underlying this flexibility is the low likelihood of a significant technological advancement that could provide further reasonable emission reductions).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>102</SU>
                         North Dakota's 2022 SIP submission, appendix F.1-5-F.1-8, F.1-14-F.1-15.
                    </P>
                </FTNT>
                <P>
                    We also find that North Dakota unreasonably rejected emission reduction measures at Coal Creek and Leland Olds. In its four-factor analysis of Coal Creek Units 1 and 2 for reasonable progress for SO
                    <E T="52">2</E>
                    , North Dakota evaluated two different controls: a new wetstack and a natural gas reheat 
                    <PRTPAGE P="56710"/>
                    system. North Dakota's cost effectiveness evaluation of the new wetstack resulted in an estimated cost of $2,890/ton of SO
                    <E T="52">2</E>
                     removed, while evaluation of the natural gas reheat system resulted in an estimated cost of $2,460/ton of SO
                    <E T="52">2</E>
                     removed.
                    <SU>103</SU>
                    <FTREF/>
                     In its four-factor analysis of Leland Olds Unit 2 (which currently operates SNCR and separated overfire air for NO
                    <E T="52">X</E>
                     control as a result of the State's BART determination 
                    <SU>104</SU>
                    <FTREF/>
                    ), North Dakota's cost effectiveness evaluation of optimized SNCR resulted in an estimated cost of $3,582/ton of NO
                    <E T="52">X</E>
                     removed.
                    <SU>105</SU>
                    <FTREF/>
                     Each of these evaluated controls, both at Coal Creek and Leland Olds, are consistent with what the EPA has previously found to be cost-effective in prior regional haze rulemakings,
                    <SU>106</SU>
                    <FTREF/>
                     and are otherwise reasonable when considering the other three statutory factors.
                    <SU>107</SU>
                    <FTREF/>
                     Indeed, North Dakota did not determine the costs to be unreasonable.
                    <SU>108</SU>
                    <FTREF/>
                     Nonetheless, North Dakota rejected these controls.
                </P>
                <FTNT>
                    <P>
                        <SU>103</SU>
                         Id., appendix A.4-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>104</SU>
                         North Dakota's 2022 SIP submission, appendix A.3-2-A.3-3; 77 FR 20894, 20897 (April 6, 2012) (approving the State's NO
                        <E T="52">X</E>
                         BART determination).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>105</SU>
                         Id., appendix A.3-8.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>106</SU>
                         These cost-effectiveness values are in line with those the EPA and states found reasonable for regional haze control measures adopted in the first planning period, even without adjusting for inflation. After evaluating first planning period cost of compliance values, plus the other BART statutory factors and/or the four reasonable progress statutory factors, states and the EPA found numerous instances of cost-effectiveness values up to and sometimes higher than $4,500/ton to be reasonable and cost effective. This includes control determinations for sources within North Dakota and in other states. Examples for several sources can be found at: 76 FR 16168, 16181 (Mar. 22, 2011) (proposed), finalized at 76 FR 81728 (Dec. 28, 2011) (Oklahoma); 76 FR 58570, 58587-88 (Sept. 21, 2011) (proposed), finalized at 77 FR 20894 (Apr. 6, 2012) (North Dakota); 77 FR 11022, 11033-34 (Feb. 24, 2012) (proposed), finalized at 78 FR 10546 (Feb. 14, 2013) (Alaska); and 79 FR 5032, 5039 (Jan. 30, 2014) (Wyoming) (final rule). The cited costs have not been adjusted for inflation.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>107</SU>
                         In its consideration of the three non-cost statutory factors, North Dakota did not identify any barriers that would render these controls unreasonable. North Dakota's 2022 SIP submission, appendix A.3-8-A.3-9 (Leland Olds), appendix A.4.4-A.4.5 (Coal Creek).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>108</SU>
                         North Dakota's 2022 SIP submission, 103-04, appendix A.3-8, A.4-4.
                    </P>
                </FTNT>
                <P>
                    North Dakota did not explain why it declined to require a new wet stack or natural gas reheat system at Coal Creek Units 1 and 2. Neither the four-factor analysis in appendix A.4 nor the narrative discussion in section 5.2.4 of North Dakota's 2022 SIP submission provide any insight into the State's reasoning.
                    <SU>109</SU>
                    <FTREF/>
                     Therefore, we cannot conclude that North Dakota's rejection of these controls was justified under the CAA and RHR.
                </P>
                <FTNT>
                    <P>
                        <SU>109</SU>
                         While North Dakota stated that future operations and SO
                        <E T="52">2</E>
                         emissions at Coal Creek are expected to remain consistent with current conditions, the State did not identify these future conditions as a reason for its rejection of the controls evaluated through four-factor analysis. Id. at 104.
                    </P>
                </FTNT>
                <P>
                    As for Leland Olds Unit 2, North Dakota offered the following reasoning for its determination not to require optimized SNCR or other NO
                    <E T="52">X</E>
                     controls for the second implementation period: “[F]our-factor analysis confirmed that these [existing] BART controls operate effectively, and the Department has no reason to believe effective operation of the BART controls will change in the future. Therefore, no additional measures were selected for the modeling evaluation and the Department does not believe additional controls are warranted during this planning period.” 
                    <SU>110</SU>
                    <FTREF/>
                     The presence of BART controls, however, does not exempt sources from installing additional reasonable controls that are shown to be necessary, through four-factor analysis, to make reasonable progress during the second planning period.
                    <SU>111</SU>
                    <FTREF/>
                     We explained that principle in the 2021 Clarifications Memo: “A state relying on an `effective control' to avoid performing a four-factor analysis for a source should demonstrate why, for that source specifically, a four-factor analysis would not result in new controls and would, therefore, be a futile exercise.” 
                    <SU>112</SU>
                    <FTREF/>
                     Here, North Dakota conducted a four-factor analysis of NO
                    <E T="52">X</E>
                     controls at Leland Olds Unit 2, which identified optimized SNCR as a cost-effective and otherwise reasonable new control. But North Dakota then concluded, without providing any justification grounded in the CAA or RHR, that because the source still operates and will continue to operate BART controls, any additional controls are not warranted. Here, North Dakota's analysis identified a cost-effective potential NO
                    <E T="52">X</E>
                     control, but the State did not reasonably explain why it declined to require that control because, as described in the preceding paragraphs, it improperly relied on the presence of BART controls and did not properly consider the four statutory factors.
                </P>
                <FTNT>
                    <P>
                        <SU>110</SU>
                         Id. at 103.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>111</SU>
                         40 CFR 51.308(e)(5) states that “[a]fter a State has met the requirements for BART or implemented an emissions trading program or other alternative measure that achieves more reasonable progress than the installation and operation of BART, BART-eligible sources will be subject to the requirements of paragraphs (d) and (f) of this section.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>112</SU>
                         2021 Clarifications Memo at 5.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Other Long-Term Strategy Requirements Under 40 CFR 51.308(f)(2)(ii)-(iv)</HD>
                <P>
                    States must meet the additional requirements specified in 40 CFR 51.308(f)(2)(ii)-(iv) when developing their long-term strategies. 40 CFR 51.308(f)(2)(ii) requires states to consult with other states that have emissions that are reasonably anticipated to contribute to visibility impairment in Class I areas to develop coordinated emission management strategies. North Dakota engaged with other states throughout the development of its 2022 SIP submission by participating in WRAP regional haze workgroup meetings. Additionally, North Dakota directly communicated with other states about the SIP submission, including South Dakota, Montana, and Minnesota.
                    <SU>113</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>113</SU>
                         Id. at 33-34, appendix E.2.
                    </P>
                </FTNT>
                <P>40 CFR 51.308(f)(2)(iii) requires states to document the technical basis, including modeling, monitoring, costs, engineering, and emissions information, on which the state is relying to determine the emission reduction measures that are necessary to make reasonable progress in each mandatory Class I area it impacts. Section 4.1 of North Dakota's 2022 SIP submission describes the emissions inventories and projections the State used in its analysis.</P>
                <P>40 CFR 51.308(f)(2)(iv) specifies five additional factors states must consider in developing their long-term strategies. The five additional factors are: emission reductions due to ongoing air pollution control programs, including measures to address reasonably attributable visibility impairment; measures to mitigate the impacts of construction activities; source retirement and replacement schedules; basic smoke management practices for prescribed fire used for agricultural and wildland vegetation management purposes and smoke management programs; and the anticipated net effect on visibility due to projected changes in point, area, and mobile source emissions over the period addressed by the long-term strategy. North Dakota described each of the five additional factors in section 5.3 of its 2022 SIP submission.</P>
                <P>
                    Regardless, as explained in the preceding sections, due to flaws and omissions in its four-factor analyses and the resulting control determinations, the EPA finds that North Dakota failed to submit to the EPA a long-term strategy that includes “the enforceable emissions limitations, compliance schedules, and other measures that are necessary to make reasonable progress” as required by 40 CFR 51.308(f)(2).
                    <SU>114</SU>
                    <FTREF/>
                     Consequently, 
                    <PRTPAGE P="56711"/>
                    we find that North Dakota's 2022 SIP Submission does not satisfy the long-term strategy requirements of 40 CFR 51.308(f)(2). Therefore, the EPA proposes to disapprove all elements of North Dakota's 2022 SIP submission as it relates to 51.308(f)(2)'s long-term strategy requirements.
                </P>
                <FTNT>
                    <P>
                        <SU>114</SU>
                         See also CAA 169A(b)(2), 169A(b)(2)(B) (requiring regional haze SIPs to “contain such emission limits, schedules of compliance and other measures as may be necessary to make reasonable progress toward meeting the national goal, . . . 
                        <PRTPAGE/>
                        including . . . a long-term . . . strategy for making reasonable progress[.]”).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Reasonable Progress Goals</HD>
                <P>The EPA proposes to find that North Dakota did not meet the reasonable progress goal requirements under 40 CFR 51.308(f)(3). Section 51.308(f)(3)(i) requires a state in which a Class I area is located to establish RPGs—one each for the most impaired and clearest days—reflecting the visibility conditions that will be achieved at the end of the implementation period as a result of the emission limitations, compliance schedules and other measures required under paragraph (f)(2) in states' long-term strategies, as well as implementation of other CAA requirements.</P>
                <P>
                    After establishing its long-term strategy, North Dakota developed reasonable progress goals for each Class I area for the 20% most impaired days and 20% clearest days based on the results of 2028 WRAP modeling.
                    <SU>115</SU>
                    <FTREF/>
                     The reasonable progress goals are based on North Dakota's long-term strategy, the long-term strategy of other states that may affect Class I areas in North Dakota, and other CAA requirements.
                </P>
                <FTNT>
                    <P>
                        <SU>115</SU>
                         North Dakota's 2022 SIP Submission, section 6.
                    </P>
                </FTNT>
                <P>
                    Per 40 CFR 51.308(f)(3)(iv), the EPA must evaluate the demonstrations the State developed pursuant to 40 CFR 51.308(f)(2) to determine whether the State's reasonable progress goals for visibility improvement provide for reasonable progress towards natural visibility conditions. As previously explained in section IV.B., we are proposing to disapprove North Dakota's long-term strategy for failing to meet the requirements of 40 CFR 51.308(f)(2).
                    <SU>173</SU>
                     Therefore, we also propose to disapprove North Dakota's reasonable progress goals under 40 CFR 51.308(f)(3) because compliance with that requirement is dependent on compliance with 40 CFR 51.308(f)(2).
                </P>
                <HD SOURCE="HD2">D. Reasonably Attributable Visibility Impairment (RAVI)</HD>
                <P>
                    The RHR contains a requirement at § 51.308(f)(4) related to any additional monitoring that may be needed to address visibility impairment in Class I areas from a single source or a small group of sources. This is called “reasonably attributable visibility impairment,” 
                    <SU>116</SU>
                    <FTREF/>
                     also known as RAVI. Under this provision, if the EPA or the FLM of an affected Class I area has advised a state that additional monitoring is needed to assess RAVI, the state must include in its SIP revision for the second implementation period an appropriate strategy for evaluating such impairment. The EPA has not advised North Dakota to that effect, and the FLMs for the Class I areas that North Dakota contributes to have not identified any RAVI from North Dakota sources.
                    <SU>117</SU>
                    <FTREF/>
                     For this reason, the EPA proposes to approve the portions of North Dakota's 2022 SIP submission relating to 40 CFR 51.308(f)(4).
                </P>
                <FTNT>
                    <P>
                        <SU>116</SU>
                         The EPA's visibility protection regulations define “reasonably attributable visibility impairment” as “visibility impairment that is caused by the emission of air pollutants from one, or a small number of sources.” 40 CFR 51.301.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>117</SU>
                         North Dakota's 2022 SIP submission, 139.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">E. Monitoring Strategy and Other Implementation Plan Requirements</HD>
                <P>Section 51.308(f)(6) specifies that each comprehensive revision of a state's regional haze SIP must contain or provide for certain elements, including monitoring strategies, emissions inventories, and any reporting, recordkeeping and other measures needed to assess and report on visibility. A main requirement of this section is for states with Class I areas to submit monitoring strategies for measuring, characterizing, and reporting on visibility impairment. Compliance with this requirement may be met through participation in the Interagency Monitoring of Protected Visual Environments (IMPROVE) network. North Dakota participates in the IMPROVE network.</P>
                <P>
                    Section 51.308(f)(6)(i) requires SIPs to provide for the establishment of any additional monitoring sites or equipment needed to assess whether reasonable progress goals to address regional haze for all mandatory Class I Federal areas within the state are being achieved. As noted in the 2017 RHR Revisions, “neither the EPA nor any state has concluded that the IMPROVE network is not sufficient in this way.” 
                    <SU>118</SU>
                    <FTREF/>
                     Regional haze data for Theodore Roosevelt National Park and Lostwood Wilderness Area are collected by IMPROVE monitors that are operated and maintained by the NPS and the USFWS, respectively. The EPA is not aware of information suggesting that those IMPROVE monitors are no longer sufficient to assess the status of reasonable progress goals at those Class I areas. Therefore, the EPA finds that North Dakota has satisfied § 51.308(f)(6)(i).
                </P>
                <FTNT>
                    <P>
                        <SU>118</SU>
                         82 FR at 3085.
                    </P>
                </FTNT>
                <P>
                    Section 51.308(f)(6)(ii) requires SIPs to provide for procedures by which monitoring data and other information are used in determining the contribution of emissions from within the state to regional haze visibility impairment at mandatory Class I Federal areas both within and outside the state. For the second implementation period, WRAP performed technical analyses to help assess source and state-level contributions to visibility impairment.
                    <SU>119</SU>
                    <FTREF/>
                     North Dakota relied on these source-apportionment analyses to determine the contribution of emissions from within the State to visibility impairment in Class I areas outside the State.
                    <SU>120</SU>
                    <FTREF/>
                     As explained in section IV.B.1.a. of this document, the record does not support North Dakota's determination that its sources are not reasonably anticipated to impact out-of-state Class I areas; instead, the technical data the State relied on, including WRAP data, indicate the opposite. Regardless of the State's interpretation of that data, because the 2022 SIP submission relies on WRAP technical data and provides for procedures to determine in-state contributions to visibility impairment, we find that North Dakota has satisfied § 51.308(f)(6)(ii) by relying on WRAP's source-apportionment analyses.
                </P>
                <FTNT>
                    <P>
                        <SU>119</SU>
                         WRAP Technical Support System (TSS); CSU and the Cooperative Institute for Research in the Atmosphere (CIRA), 09 Oct 2023, 
                        <E T="03">https://views.cira.colostate.edu/tssv2.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>120</SU>
                         North Dakota's 2022 SIP submission, 39.
                    </P>
                </FTNT>
                <P>Section 51.308(f)(6)(iii) does not apply to North Dakota, as it has Class I areas. Section 51.308(f)(6)(iv) requires the SIP to provide for the reporting of all visibility monitoring data to the Administrator at least annually for each Class I area in the state. North Dakota's monitoring strategy relies upon the continued availability of the IMPROVE network, whose monitors are operated and maintained by the NPS and the USFWS. The IMPROVE Steering committee and Data Analysis and Reporting subcommittee develop policies to generate and distribute IMPROVE data, metadata, and data products. The data is made available on IMPROVE, FLM, and the EPA Air Quality System databases. North Dakota supports the continued operation of the IMPROVE network through state funding mechanisms. We find that North Dakota has satisfied § 51.308(f)(6)(iv).</P>
                <P>
                    Section 51.308(f)(6)(v) requires SIPs to provide for a statewide inventory of emissions of pollutants that are 
                    <PRTPAGE P="56712"/>
                    reasonably anticipated to cause or contribute to visibility impairment, including emissions for the most recent year for which data are available. North Dakota provides for emissions inventories and estimates of future projected emissions by participating in WRAP and by complying with the EPA's Air Emissions Reporting Rule (AERR). In 40 CFR part 51, subpart A, the AERR requires states to submit updated emissions inventories for criteria pollutants to the EPA's Emission Inventory System (EIS) annually or triennially depending on the source type. The EPA uses the inventory data from the EIS to develop the NEI, which is a comprehensive estimate of air emissions of criteria pollutants, criteria precursors, and hazardous air pollutants from air emissions sources. The EPA releases an NEI every three years.
                </P>
                <P>
                    Section 4 of North Dakota's 2022 SIP submission includes tables of NEI data. The source categories of the emissions inventories include point sources, area and non-point sources, non-road mobile sources, on-road mobile sources, natural sources, and international anthropogenic emissions. The inventories account for emissions of SO
                    <E T="52">2</E>
                    , NO
                    <E T="52">X</E>
                    , PM
                    <E T="52">10</E>
                    , PM
                    <E T="52">2.5</E>
                    , VOC, and NH
                    <E T="52">3</E>
                     in 2002 (one of the regional haze program baseline years), 2011, 2014, and 2017.
                </P>
                <P>
                    Section 51.308(f)(6)(v) also requires states to include estimates of future projected emissions. North Dakota used three different modeling scenarios in WRAP modeling, which produced a range of future projected emissions for 2028.
                    <SU>121</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>121</SU>
                         North Dakota's 2022 SIP submission, 66-68, 140.
                    </P>
                </FTNT>
                <P>
                    The EPA finds that North Dakota has met the requirements of 40 CFR 51.308(f)(6)(v) through its ongoing compliance with the AERR, its compilation of a statewide emissions inventory based on NEI data, its use of WRAP modeling to project future emissions, and its commitment to update its inventory periodically.
                    <SU>122</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>122</SU>
                         Id. at 140.
                    </P>
                </FTNT>
                <P>Finally, § 51.308(f)(6)(vi) requires the SIP to provide for any other elements, including reporting, recordkeeping, and other measures, that are necessary for states to assess and report on visibility. North Dakota assesses and reports on visibility through participation in the IMPROVE network. The EPA finds that North Dakota has satisfied the requirements of 40 CFR 51.308(f)(6)(vi) and that no further elements are necessary at this time for North Dakota to assess and report on visibility.</P>
                <P>In sum, for all the reasons discussed in this section IV.E., the EPA is proposing to approve North Dakota's 2022 submission as meeting the requirements of 40 CFR 51.308(f)(6).</P>
                <HD SOURCE="HD2">F. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</HD>
                <P>40 CFR 51.308(f)(5) requires that periodic comprehensive revisions of states' regional haze plans also address the progress report requirements of 40 CFR 51.308(g)(1) through (5). The purpose of these requirements is to evaluate progress towards the applicable RPGs for each Class I area within the state and each Class I area outside the state that may be affected by emissions from within that state. Sections 51.308(g)(1) and (2) apply to all states and require a description of the status of implementation of all measures included in a state's first implementation period regional haze plan and a summary of the emission reductions achieved through implementation of those measures. Section 51.308(g)(3) applies only to states with Class I areas within their borders and requires such states to assess current visibility conditions, changes in visibility relative to baseline (2000-2004) visibility conditions, and changes in visibility conditions relative to the period addressed in the first implementation period progress report. Section 51.308(g)(4) applies to all states and requires an analysis tracking changes in emissions of pollutants contributing to visibility impairment from all sources and sectors since the period addressed by the first implementation period progress report. This provision further specifies the year or years through which the analysis must extend depending on the type of source and the platform through which its emission information is reported. Finally, § 51.308(g)(5), which also applies to all states, requires an assessment of any significant changes in anthropogenic emissions within or outside the state that have occurred since the period addressed by the first implementation period progress report, including whether such changes were anticipated and whether they have limited or impeded expected progress towards reducing emissions and improving visibility.</P>
                <P>
                    Section 9 of North Dakota's 2022 SIP submission describes the status of the long-term strategy measures from the first implementation period. The State's regional haze SIP submission for the first implementation period relied primarily on SO
                    <E T="52">2</E>
                     and NO
                    <E T="52">X</E>
                     reductions from existing coal-fired EGUs. The requirements for those reductions were based on both the BART requirements in 40 CFR 51.308(e) and the reasonable progress requirements in 40 CFR 51.308(d). Additional control measures that North Dakota relied on to meet the requirements under the first implementation period are described in section 5.3.1 of North Dakota's 2022 SIP submission. North Dakota's BART limits from the first planning period SIP submission have been incorporated into the State's permits for the affected sources, except for Coal Creek Station NO
                    <E T="52">X</E>
                     BART.
                    <SU>123</SU>
                    <FTREF/>
                     All EGUs with BART controls from the first planning period have associated limits at 40 CFR 52.1820(d).
                </P>
                <FTNT>
                    <P>
                        <SU>123</SU>
                         Coal Creek Station Unit 1 and 2 NO
                        <E T="52">X</E>
                         BART limits are addressed in section 8 and appendix F of North Dakota's 2022 SIP submission.
                    </P>
                </FTNT>
                <P>
                    North Dakota states that since the baseline period of 2000-2004, there have been significant reductions of most visibility impairing pollutants in North Dakota that can be attributed to the point and mobile source categories.
                    <SU>124</SU>
                    <FTREF/>
                     The State attributes the implementation of new controls at coal-fired EGUs and new federal requirements for on- and off-road engines as the main reasons for the reductions. Sections 4.1.1, 4.1.2, and 4.1.5 contain emission inventories for WRAP's 2002 Plan 02d and the 2011 and 2017 National Emissions Inventory (NEI). As evidence of overall emission reductions at the EGUs, North Dakota points to Table 20 in section 4.2.1, which shows the emissions of visibility impairing pollutants from North Dakota's coal-fired EGUs for each inventory year. SO
                    <E T="52">2</E>
                     and NO
                    <E T="52">X</E>
                     reductions from individual coal-fired EGUs are listed in sections 4.2.1.1.1 and 4.2.1.1.2. The EPA finds that North Dakota has met the requirements of 40 CFR 51.308(g)(1) and (2) by describing the measures included in the long-term strategy from the first implementation period, as well as the status of their implementation and the emission reductions achieved through such implementation.
                </P>
                <FTNT>
                    <P>
                        <SU>124</SU>
                         North Dakota's 2022 SIP submission, 150.
                    </P>
                </FTNT>
                <P>
                    Section 3 summarizes the visibility conditions and the trend of the 5-year averages through 2017 at Theodore Roosevelt National Park and Lostwood Wilderness Area. Section 3.2.1 describes the 5-year baseline (2000-2004) visibility conditions for the clearest and most impaired days, while section 3.2.3 sets out the current 5-year rolling average (2014-2018) for the clearest and most impaired days. Table 9 in section 3.2.4 identifies the progress to date for the clearest and most impaired days, showing data from 2008-2012 as 
                    <PRTPAGE P="56713"/>
                    representative of the first implementation period.
                </P>
                <P>
                    Section 4.1 summarizes emissions of NO
                    <E T="52">X</E>
                    , SO
                    <E T="52">2</E>
                    , PM
                    <E T="52">10</E>
                    , PM
                    <E T="52">2.5</E>
                    , VOC, and NH
                    <E T="52">3</E>
                     from all sources and activities, including from point, nonpoint, non-road mobile, and on-road mobile sources, for 2002, 2011, 2014, 2017, current representative, and projected future emissions. Comparing the 2002 and 2017 emissions inventories shows that emissions of SO
                    <E T="52">2</E>
                    , NO
                    <E T="52">X</E>
                    , and NH
                    <E T="52">3</E>
                     decreased, while emissions of VOC, PM
                    <E T="52">2.5</E>
                    , and PM
                    <E T="52">10</E>
                     increased. Comparing the 2002 and RepBase (current representative) emissions inventories shows that emissions of SO
                    <E T="52">2</E>
                    , NH
                    <E T="52">3</E>
                    , PM
                    <E T="52">2.5</E>
                    , and PM
                    <E T="52">10</E>
                     decreased, while emissions of NO
                    <E T="52">X</E>
                     and VOC increased.
                    <SU>125</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>125</SU>
                         Section 9.3.5 of North Dakota's 2022 SIP submission considers the potential impact of oil and gas development on the increase in anthropogenic emissions of NO
                        <E T="52">X</E>
                         and VOC.
                    </P>
                </FTNT>
                <P>
                    Section 9.3.5 assesses changes in anthropogenic emissions impeding visibility progress. Regarding NO
                    <E T="52">X</E>
                    , North Dakota concluded that total anthropogenic NO
                    <E T="52">X</E>
                     emissions have not changed significantly in the RepBase (current representative) emissions inventory compared to 2002.
                </P>
                <P>In sum, because North Dakota's 2022 SIP submission addresses the requirements of 40 CFR 51.308(g)(1) through (5), the EPA is proposing to approve Section 9 of North Dakota's 2022 SIP submission as meeting the requirements of 40 CFR 51.308(f)(5) and 40 CFR 51.308(g) for periodic progress reports.</P>
                <HD SOURCE="HD2">G. Requirements for Federal Land Manager Coordination</HD>
                <P>Section 169A(d) of the CAA requires states to consult with FLMs before holding the public hearing on a proposed regional haze SIP, and to include a summary of the FLMs' conclusions and recommendations in the notice to the public. In addition, the 40 CFR 51.308(i)(2) FLM consultation provision requires a state to provide FLMs with an opportunity for consultation that is early enough in the state's policy analyses of its emission reduction obligation so that information and recommendations provided by the FLMs can meaningfully inform the state's decisions on its long-term strategy. If the consultation has taken place at least 120 days before a public hearing or public comment period, the opportunity for consultation will be deemed early enough. Regardless, the opportunity for consultation must be provided at least sixty days before a public hearing or public comment period at the state level. Section 51.308(i)(2) also lists two substantive topics on which FLMs must be provided an opportunity to discuss with states: assessment of visibility impairment in any Class I area and recommendations on the development and implementation of strategies to address visibility impairment. Section 51.308(i)(3) requires states, in developing their implementation plans, to include a description of how they addressed FLMs' comments.</P>
                <P>
                    North Dakota's 2022 SIP submission summarizes the State's consultation and coordination with the FLMs. North Dakota engaged with FLMs early in the planning process by participating in WRAP meetings and by holding separate calls with FLMs to discuss visibility impairment in Class I areas and the State's plans for its 2022 SIP submission. North Dakota also met via video conference with the NPS on November 6, 2020, and December 15, 2020, and with the USFS on November 23, 2020. Upon completing its draft 2022 SIP submission, North Dakota provided it to FLMs for a review and consultation period from September 20, 2021, through November 19, 2021. Additionally, North Dakota held a video conference with the NPS, USFS, and EPA Region 8 staff on November 10, 2021, to discuss the draft and receive feedback from the FLMs. North Dakota received comments from USFS on November 17, 2021, and from the NPS on November 19, 2021.
                    <SU>126</SU>
                    <FTREF/>
                     North Dakota responded to the FLM comments and included the responses in appendix D of its 2022 SIP submission.
                </P>
                <FTNT>
                    <P>
                        <SU>126</SU>
                         The USFWS did not comment on North Dakota's 2022 SIP submission.
                    </P>
                </FTNT>
                <P>Compliance with 40 CFR 51.308(i) is dependent on compliance with 40 CFR 51.308(f)(2)'s long-term strategy provisions and (f)(3)'s reasonable progress goals provisions. Because the EPA is proposing to disapprove North Dakota's long-term strategy under 51.308(f)(2) and the reasonable progress goals under 51.308(f)(3), the EPA is also proposing to disapprove the State's FLM consultation under 51.308(i). While North Dakota did take administrative steps to provide the FLMs the opportunity to review and provide feedback on the State's draft regional haze plan, the EPA cannot approve that consultation because it was based on a plan that does not meet the statutory and regulatory requirements of the CAA and the RHR, as described in this notice of proposed rulemaking. In addition, if the EPA finalizes our proposed partial approval and partial disapproval of North Dakota's SIP submission, the State (or the EPA in the potential case of a FIP) will be required to again complete the FLM consultation requirements under 40 CFR 51.308(i). Therefore, the EPA proposes to disapprove the FLM consultation component of North Dakota's SIP submission for failure to meet the requirements of 40 CFR 51.308(i), as outlined in this section.</P>
                <HD SOURCE="HD1">V. Proposed Action</HD>
                <P>The EPA is proposing approval of the portions of North Dakota's 2022 SIP submission relating to 40 CFR 51.308(f)(1): calculations of baseline, current, and natural visibility conditions, progress to date, and the uniform rate of progress; 40 CFR 51.308(f)(4): reasonably attributable visibility impairment; 40 CFR 51.308(f)(5) and 40 CFR 51.308(g): progress report requirements; and 40 CFR 51.308(f)(6): monitoring strategy and other implementation plan requirements. The EPA is proposing disapproval of the remainder of North Dakota's 2022 SIP submission, which addresses 40 CFR 51.308(f)(2): long-term strategy; 40 CFR 51.308 (f)(3): reasonable progress goals; and 40 CFR 51.308(i): FLM consultation.</P>
                <HD SOURCE="HD1">VI. Environmental Justice</HD>
                <P>The EPA conducted an environmental justice (EJ) screening analysis around the location of the facilities associated with North Dakota's 2022 SIP submission to identify potential environmental stressors on these communities. The EPA is providing the information associated with this analysis for informational purposes only; it does not form any part of the basis of this proposed action.</P>
                <P>
                    The EPA conducted the screening analyses using EJScreen, an environmental justice mapping and screening tool that provides the EPA with a nationally consistent dataset and approach for combining various environmental and demographic indicators.
                    <SU>127</SU>
                    <FTREF/>
                     The EPA prepared EJScreen reports covering buffer areas of approximately six miles around the ten facilities selected for four-factor analysis in North Dakota's 2022 SIP submission. From those reports, no facilities showed environmental justice indices greater than the 80th national percentiles.
                    <FTREF/>
                    <SU>128</SU>
                      
                    <PRTPAGE P="56714"/>
                    The full, detailed EJScreen reports are provided in the docket for this rulemaking.
                </P>
                <FTNT>
                    <P>
                        <SU>127</SU>
                         The EJSCREEN tool is available at 
                        <E T="03">https://www.epa.gov/ejscreen.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>128</SU>
                         This means that 20 percent of the U.S. population has a higher value. The EPA identified the 80th percentile filter as an initial starting point for interpreting EJScreen results. The use of an initial filter promotes consistency for the EPA's programs and regions when interpreting screening results.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">VII. 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 CAA. Accordingly, this 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 action:</P>
                <P>• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);</P>
                <P>
                    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>
                    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
                <P>• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
                <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
                <P>• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and</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 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>North Dakota did not evaluate environmental justice considerations as part of its SIP submission; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. The EPA performed an environmental justice screening analysis, as described above in section VI. Environmental Justice. The analysis was done for the purpose of providing additional context and information about this rulemaking to the public, not as a basis of the action. There is no information in the record upon which this decision is based 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, Carbon monoxide, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.</P>
                </LSTSUB>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>
                        42 U.S.C. 7401 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: June 27, 2024. </DATED>
                    <NAME>KC Becker,</NAME>
                    <TITLE>Regional Administrator, Region 8.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-14761 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
    </PRORULES>
    <VOL>89</VOL>
    <NO>132</NO>
    <DATE>Wednesday, July 10, 2024</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NOTICES>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="56715"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Agricultural Marketing Service</SUBAGY>
                <DEPDOC>[Doc. No. AMS-FGIS-24-0022]</DEPDOC>
                <SUBJECT>Solicitation of Nominations for Members of the USDA Grain Inspection Advisory Committee</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Agricultural Marketing Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice to solicit nominees.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking nominations for individuals to serve on the USDA Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets no less than once annually to advise AMS on the programs and services it delivers under the U.S. Grain Standards Act (USGSA). The committee is governed in accordance with the Federal Advisory Committee Act. Recommendations by the Advisory Committee help AMS better meet the needs of its customers who operate in a dynamic and changing marketplace.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>AMS will consider nominations received by August 26, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit nominations for the Advisory Committee by completing form AD-755 and send via email as an attachment to: 
                        <E T="03">Kendra.C.Kline@usda.gov.</E>
                         Form AD-755 may be obtained via USDA's website: 
                        <E T="03">https://www.usda.gov/sites/default/files/documents/ad-755.pdf.</E>
                         For more information about the committee visit the Grain Inspection Advisory Committee website: 
                        <E T="03">https://www.ams.usda.gov/about-ams/facas-advisory-councils/giac.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kendra Kline, Telephone (202) 690-2410 or Email 
                        <E T="03">Kendra.C.Kline@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>As required by section 21 of the USGSA (7 U.S.C. 87j), as amended, the Secretary of Agriculture (Secretary) initially established the Advisory Committee on September 29, 1981, to provide advice to the AMS Administrator on implementation of the USGSA. As specified in the USGSA, members of the advisory committee shall be appointed to three-year terms and no member may serve, successively, for more than 2 terms. The final selection of Advisory Committee members is made by the Secretary.</P>
                <P>The Advisory Committee consists of 15 members, appointed by the Secretary, who represent the interests of grain producers, processors, handlers, merchandisers, consumers, exporters, and scientists with expertise in research related to the policies in section 2 of the USGSA (7 U.S.C. 74). While members of the Advisory Committee serve without compensation, AMS reimburses them for travel expenses, including per diem in lieu of subsistence, for travel away from their homes or regular places of business in performance of Advisory Committee service (see 5 U.S.C. 5703).</P>
                <P>
                    A list of current Advisory Committee members and other relevant information are available on the USDA website at: 
                    <E T="03">https://www.ams.usda.gov/about-ams/facas-advisory-councils/giac.</E>
                </P>
                <P>The grain industry that utilizes Official Inspection and Weighing services for barley, canola, corn, flaxseed, oats, rye, soybeans, sorghum, sunflower seed, triticale, wheat, and mixed grain is diverse. AMS is seeking nominations for the Advisory Committee that will reflect the diversity of the grain industry, including, but not limited to, grain producers, processors, handlers, merchandisers, consumers, exporters, and scientists. Therefore, when making recommendations for appointments, the industry must consider the diversity of the population served and the knowledge, skills, and abilities of the members to serve a diverse population.</P>
                <P>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>
                    Persons with disabilities who require alternative means of communication for program information (
                    <E T="03">e.g.,</E>
                     Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
                </P>
                <P>Equal opportunity practices in accordance with USDA's policies will be followed in all appointments to the Committee. To ensure that the recommendations of the Committee have taken into account the needs of the diverse groups served by the Department, membership shall include, to the extent practicable, individuals with demonstrated ability to represent the many communities, identities, races, ethnicities, backgrounds, abilities, cultures, and beliefs of the American people, including underserved communities. USDA is an equal opportunity provider, employer, and lender.</P>
                <SIG>
                    <DATED>Dated: July 5, 2024.</DATED>
                    <NAME>Cikena Reid,</NAME>
                    <TITLE>USDA Committee Management Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15134 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Animal and Plant Health Inspection Service</SUBAGY>
                <DEPDOC>[Docket No. APHIS-2021-0069]</DEPDOC>
                <SUBJECT>Privacy Act of 1974; System of Records</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Animal and Plant Health Inspection Service, USDA.</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>
                        Pursuant to the Privacy Act of 1974 and Office of Management and Budget Circular No. A-108, the U.S. Department of Agriculture (USDA) gives notice that a component agency, the Animal and Plant Health Inspection Service (APHIS), proposes to modify an existing system of records notice titled Wildlife Services Management 
                        <PRTPAGE P="56716"/>
                        Information System, USDA/APHIS-9. Among other changes, the system will be renamed Wildlife Services Information Management System, USDA/APHIS-9. Wildlife Services Information Management System serves as the official record of Wildlife Services' work in wildlife damage management activities related to agriculture, human health and safety, natural resources, and human property.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is applicable upon publication, subject to a 30-day notice and comment period in which to comment on the routine uses described in the routine uses section of this system of records notice. Please submit any comments by August 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov.</E>
                         Enter APHIS-2021-0069 in the Search field. Select the Documents tab, then select the comment button in the list of documents.
                    </P>
                    <P>
                        • 
                        <E T="03">Postal Mail/Commercial Delivery:</E>
                         Send your comment to Docket No. APHIS-2021-0069, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.
                    </P>
                    <P>
                        Supporting documents and any comments we receive on this docket may be viewed at 
                        <E T="03">http://www.regulations.gov</E>
                         or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For general questions, please contact Ms. Felicia L. Hubb, Staff Wildlife Biologist, APHIS, Wildlife Services, 4700 River Road, Unit 87, Riverdale, MD 20737; (301) 851-3996; 
                        <E T="03">Felicia.L.Hubb@usda.gov.</E>
                         For Privacy Act questions concerning this system of records notice, please contact the Director, Freedom of Information and Privacy Act Staff, 4700 River Road, Unit 50, Riverdale, MD 20737; (301) 851-4076; 
                        <E T="03">APHISPrivacy@usda.gov.</E>
                         For USDA Privacy Act questions, please contact the USDA Chief Privacy Officer, Information Security Center, Office of Chief Information Officer, USDA, Jamie L. Whitten Building, 1400 Independence Ave. SW, Washington, DC 20250; email: 
                        <E T="03">USDAPrivacy@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) is modifying an existing system of records notice for Wildlife Services Management Information System, USDA/APHIS-9. The system will be renamed Wildlife Services Information Management System, USDA/APHIS-9. The system of records for Wildlife Services, USDA/APHIS-9, was last published on October 8, 2015, in its entirety in the 
                    <E T="04">Federal Register</E>
                     (80 FR 60872-60875, Docket No. APHIS-2014-0036). (To view the notice, go to 
                    <E T="03">www.regulations.gov,</E>
                     and enter APHIS-2014-0036 in the Search field.)
                </P>
                <P>Wildlife Services Information Management System serves as the official record of Wildlife Services' (WS') work in wildlife damage management activities related to agriculture, human health and safety, natural resources, and human property. WS supports the APHIS mission to safeguard the health, welfare, and value of American agriculture and natural resources. This system, which currently includes the Management Information System (MIS), and will include the successor system, Operations and Reporting System (OARS), and any future successor system, serves as the official record of WS' work in wildlife damage management activities related to agriculture, human health and safety, natural resources, and human property. WS conducts work to manage damage related to wildlife, wildlife diseases, aviation safety, invasive species, blackbird management, and livestock, aquaculture, and other natural resource protection. This system improves WS' capability to monitor and measure its performance, provide timely information to decision makers, and document WS' work. WS' personnel enter wildlife damage management activities into the system, and WS uses the information to generate wildlife damage management reports for APHIS, its customers, stakeholders, and the public. System generated reports do not disclose personal identifying information or distinguishable private property locations.</P>
                <P>APHIS is making the following changes to the system of records notice:</P>
                <P>• Renaming the system to broaden the name that will include any information collection system WS uses in the future to collect the information described by this system of records notice;</P>
                <P>• Updating the system location and system manager to reflect the current system locations and system manager;</P>
                <P>• Updating the location of the authorities for maintenance of the system because the sections were reorganized in the United States Code;</P>
                <P>• Updating the purpose of the system to more accurately describe the WS' activities and services provided for better reporting capabilities;</P>
                <P>• Expanding the categories of individuals to include the individual entities more accurately for whom WS provides services and the government personnel involved in WS' associated services and activities to more accurately identify stakeholder groups;</P>
                <P>• Expanding the categories of records to list the records maintained in the system by category;</P>
                <P>• Expanding the record source categories to add additional information that may be added to the system by WS;</P>
                <P>• Updating the policies and practices for storage and retention and disposal of records in the system to more accurately describe the storage and record retention times until the National Archives and Records Administration approves APHIS' requested records retention schedule;</P>
                <P>• Updating the policies for retrieval of records to provide the elements by which records can be retrieved within the system;</P>
                <P>• Updating the system safeguards to add reference to eAuthentication;</P>
                <P>• Updating the notification, record access, and contesting record procedures to reference the subject regulations found in 7 CFR part 1; and</P>
                <P>• Providing an updated full list of routine uses in the routine uses section of the document published with this notice. Each routine use includes an explanation as to the reason for the use.</P>
                <PRIACT>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Wildlife Services Information Management System, USDA/APHIS-9.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATIONS:</HD>
                    <P>
                        System files are stored and maintained on a secure USDA approved cloud system, Microsoft Azure Cloud. APHIS headquarters is located at USDA Center at Riverside, 4700 River Road, Riverdale, MD 20737. File copies may be stored as part of an email on USDA email servers and retained in the email archive. In addition, hard copy components of the system and computer files, tapes, and disks are maintained in a safeguarded environment at WS field offices with access only by authorized personnel. The locations of WS field offices are available online at (
                        <E T="03">https://www.aphis.usda.gov/contact/wildlife</E>
                        ). Applications may also be hosted on a contract cloud system approved for 
                        <PRTPAGE P="56717"/>
                        government use such as Amazon Web Services or GovCloud.
                    </P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Wildlife Services Operational Support Staff Director, USDA APHIS WS, 4700 River Road, Unit 87, 2D-07B, Riverdale, MD 20737; Telephone: (301) 851-4002.</P>
                    <HD SOURCE="HD2">AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>• The Act of March 2, 1931, as amended (46 Stat. 1468-69; 7 U.S.C. 8351-8352);</P>
                    <P>• The Act of December 22, 1987 (Pub. L. 100-202, 101(k), 101 Stat. 1329-331, 7 U.S.C. 8353); and</P>
                    <P>• 16 U.S.C. 667.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>WS supports the APHIS mission to safeguard the health, welfare, and value of American agriculture and natural resources. The Wildlife Services Information Management System, which currently includes the Management Information System (MIS), and will include the successor system, Operations and Reporting System (OARS), and any future successor system, serves as the official record of WS' work in wildlife damage management activities related to agriculture, human health and safety, natural resources, and human property. WS conducts work to manage damage related to wildlife diseases, aviation safety, invasive species, blackbird management, and livestock, aquaculture, and other natural resource protection. This system improves WS' capability to monitor and measure its performance, provide timely information to decision makers, and document WS' work. WS' personnel enter wildlife damage management activities into the system, and WS uses the information to generate wildlife damage management reports for APHIS, its customers, stakeholders, and the public. System generated reports do not disclose personal identifying information or distinguishable private property locations.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Individuals covered in this system include people with signed agreements with WS for wildlife damage management services. Individuals are identified as owners, managers, cooperators, or contacts for premises (locations). Individuals and cooperators may include, but are not limited to, farmers, ranchers, airport managers, private landowners, private homeowners, business or property owners, property tenants, homeowner's association representatives, golf course managers, pest control operators, the public, and employees of WS and Federal, State, local, and Tribal governments.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>The categories of records in the system include:</P>
                    <P>
                        <E T="03">Contact information:</E>
                         Contact information may include, but is not limited to, names, phone numbers, physical addresses, mailing addresses, and electronic mail addresses. Individuals' information may also include their roles or titles such as owners, managers, employees, or related businesses; contractors and cooperators; and local, State, Tribal, or Federal personnel, including WS' personnel. In addition, WS assigns an identifying number for cooperators to whom it provides services on specific wildlife damage projects or for individual citizens who are the primary contact in a funded cooperative agreement relationship. Note: WS records identifying numbers pertain only on the paper-based component of the system.
                    </P>
                    <P>
                        <E T="03">Agreement information:</E>
                         Address information may include, but is not limited to, address or location and description of property, land class, and parcel information, which may include geographic coordinates; agreement number, specific dates or date ranges of WS' participation; customer resource information, resources and property that were threatened, damaged, or destroyed by wildlife, value of resources or physical property; adverse human or animal incident information; and insurance, appraisals, and indemnity information.
                    </P>
                    <P>
                        <E T="03">Location:</E>
                         Information about where wildlife damage occurs and/or where wildlife damage management activities took place may include, but is not limited to, a physical address including State and Zip code, county, geographic coordinates, plat map references, or distances from other premises or landmarks.
                    </P>
                    <P>
                        <E T="03">Employee information:</E>
                         Employee information about WS' employees, WS' collaborators, and WS' contract pilots may include, but is not limited to, names, titles, duty stations, usernames, telephone numbers (home and work), work email address, unique employee identification numbers, and system passwords. WS' employee identification will also be linked to the properties or sites visited as listed under the Location category above.
                    </P>
                    <P>
                        <E T="03">Operational records:</E>
                         These records of WS and cooperator wildlife damage management activities may include, but is not limited to, direct control methods, technical assistance, site visits, assessments, consultations, vaccinations, and wildlife disease surveillance. This information may also include information regarding personnel and other resources involved.
                    </P>
                    <P>
                        <E T="03">Animal descriptions:</E>
                         Information and characteristics about animals may include, but is not limited to, species, sex, weight, age, condition, behavior, fate, and ownership of livestock and domestic animals.
                    </P>
                    <P>
                        <E T="03">Identifiers:</E>
                         Ear tags, codes, numbers, or descriptions used to connect data about entities such as, but not limited to, animals, date, location, biological specimens, or test results, if sampled for disease diagnostics or genetic testing.
                    </P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>WS personnel assigned to the specific project input all information into the system. Sources of information include USDA, APHIS, WS, and other Federal, State, local, and Tribal government personnel and their contractors or cooperators involved with managing wildlife conflicts; and WS' cooperators, individuals, or groups identified as owners, managers, or contacts for properties including but not limited to, ranches, farms, or other businesses or operations. OARS will integrate commercially available geospatial products depicting land ownership and property boundaries of public and privately owned lands (parcel data). Parcel data is publicly available at the county level but is curated by commercial vendors to provide single source national level data. WS will use the maps to identify properties where personnel have cooperator's permission to conduct wildlife damage management. Parcel data provided to WS will not be made available to the public.</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, records contained in the system may be disclosed outside USDA as a routine use under 5 U.S.C. 552a(b)(3), to the extent that such uses are compatible with the purposes for which the information was collected. Such permitted routine uses include the following:</P>
                    <P>
                        (1) To cooperative Federal, State, Tribal, and local government officials, employees, or contractors, and other parties as necessary to carry out WS' program; and other parties engaged to assist in administering WS' program. Such contractors and other parties will be bound by the nondisclosure provisions of the Privacy Act. This routine use assists the Agency in 
                        <PRTPAGE P="56718"/>
                        carrying out WS' program, and thus is compatible with the purpose for which the records are created and maintained;
                    </P>
                    <P>(2) To Federal, State, Tribal, and local regulatory agencies and their employees and contractors who collaborate with WS in implementation of, or agencies that regulate, wildlife management projects or programs, or who have an interest in, or regulate, animal or public health, wildlife species conservation, or national security;</P>
                    <P>(3) To State- or Federal Government-level representatives of the U.S. Environmental Protection Agency, in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) mandate (FIFRA sec. 8, 7 U.S.C. 136f, and 136i-l), of the location on a cooperator's property where certain regulated pesticide devices are deployed or regulated pesticides are applied;</P>
                    <P>(4) To land management agencies, such as the Bureau of Land Management and State, local, and Tribal land management programs relating to, but not limited to, wildlife damage on grazing allotments, recreational lands (parks);</P>
                    <P>(5) To cooperating laboratories, Federal, State, and local government officials, employees, or contractors, and other parties engaged to assist in administering animal health programs to assist the Agency in carrying out WS' program;</P>
                    <P>(6) To USDA contractors or cooperators with signed agreements collaborating with USDA in conducting, managing, or evaluating wildlife disease or pest surveillance or control programs, and monitoring for animal issues, diseases, or pests or to aid in containing and responding to a foreign or domestic animal disease outbreak, zoonotic disease outbreak, bioterrorism, hazardous materials event, or other animal health emergency;</P>
                    <P>(7) To appropriate law enforcement agencies, when a record on its face, or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program, statute, or by regulation, rule, or order issued pursuant thereto, disclosure may be made to the appropriate agency, whether Federal, foreign, State, Tribal, local, or other public authority responsible for enforcing, investigating, or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to any enforcement, regulatory, investigative, or prosecutive responsibility of the receiving entity;</P>
                    <P>(8) To the Department of Justice when: (a) USDA, or any component thereof; or (b) any employee of USDA in his or her official capacity, or any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee; or (c) the United States Government, is a party to litigation or has an interest in such litigation, and USDA determines that the records are relevant and necessary to the litigation and the use of such records by the Department of Justice is for a purpose that is compatible with the purpose for which USDA collected the records;</P>
                    <P>(9) In an appropriate proceeding before a court, grand jury, or administrative or adjudicative body or official, when USDA or other Agency representing USDA 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;</P>
                    <P>(10) To appropriate agencies, entities, and persons when: (a) USDA suspects or has confirmed that there has been a breach of system of records; (b) USDA has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, USDA (including its information systems, programs, and operations), the Federal Government, or national security; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm;</P>
                    <P>(11) To another Federal agency or Federal entity, when information from this system of records is reasonably necessary to assist the recipient agency or entity in (a) responding to a suspected or confirmed breach or (b) preventing, minimizing, or remedying the risk of harm to individuals, the agency (including its information systems, programs, and operations), the Federal Government, or national security;</P>
                    <P>(12) To a Congressional office in response to an inquiry from that Congressional office made at the written request of the individual about whom the record pertains;</P>
                    <P>(13) To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for USDA, when necessary to accomplish an Agency function related to this system of records;</P>
                    <P>(14) To USDA contractors, partner agency employee or contractors, or private industry employed to identify patterns, trends, or anomalies indicative of fraud, waste, or abuse;</P>
                    <P>(15) To the National Archives and Records Administration (NARA) or other Federal Government agencies for records management activities conducted under 44 U.S.C. 2904 and 2906; and</P>
                    <P>
                        (16) Disclosure to consumer reporting agencies: In accordance with 31 U.S.C. 3711(e) when trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 (26 U.S.C. 1 
                        <E T="03">et seq.</E>
                        ).
                    </P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>WS will maintain MIS and OARS in the Microsoft Azure Cloud. APHIS WS will maintain paper documents that are executed originals in locked file cabinets within WS' State office buildings that are locked and require employee identification for admittance. To comply with NARA and APHIS record storage policies and implementation schedules, paper documents will be converted to electronic format and stored in approved government Cloud based system.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Under this system, data retrieval may be organized by agreement number, name of cooperator, address, or phone number. Retrieval permissions for WS employees who have access to the system are determined by the data usage role of the employee.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>APHIS has developed record retention schedules, but until they are approved by NARA, electronic systems are classified as permanent in accordance with unscheduled records management policy. The records in this system are currently unscheduled. APHIS is in the process of requesting records disposition authority from NARA, and these records will be retained until appropriate disposition authority is obtained from NARA.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>
                        Control measures designed to prevent misuse of accessible data include unique user identification, a password or eAuthentication protection protocol, and limitation of user roles through compartmentalization of allowed access. 
                        <PRTPAGE P="56719"/>
                        Agency implemented cybersecurity measures and firewalls are built into the application user interface, and monitoring of use of the system for profiles of misuse is possible. The hard copy components of the system, and computer files, tapes, and disks are kept in a safeguarded environment at WS' field offices with access only by authorized personnel.
                    </P>
                    <P>System access, including access to records stored in an Agency approved repository, is limited to individuals with appropriate permissions who need to know the information for performance of official duties.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>
                        All requests for access to records must be in writing and should be submitted to the APHIS Privacy Act Officer, 4700 River Road, Unit 50, Riverdale, MD 20737; or by facsimile (301) 734-5941; or by email 
                        <E T="03">APHISPrivacy@usda.gov.</E>
                         In accordance with 7 CFR 1.112, (Procedures for requests pertaining to individual records in a record system), the request must include the full name of the individual making the request; the name of the system of records; any other information specified in the system notice; and preference of inspection, in person or by mail. In accordance with 7 CFR 1.113, prior to inspection of the records, the requester shall present sufficient identification (
                        <E T="03">e.g.,</E>
                         driver's license, employee identification card, credit cards) to establish that the requester is the individual to whom the records pertain. In addition, if an individual submitting a request for access wishes to be supplied with copies of the records by mail, the requester must include with his or her request sufficient data for the agency to verify the requester's identity.
                    </P>
                    <HD SOURCE="HD2">CONTESTING RECORDS PROCEDURE:</HD>
                    <P>Individuals seeking to contest or amend records maintained in this system of records must direct their request to the address indicated in the “RECORD ACCESS PROCEDURES” paragraph, above and must follow the procedures set forth in 7 CFR 1.116, (Request for correction or amendment to record). All requests must state clearly and concisely what record is being contested, the reasons for contesting it, and the proposed amendment to the record.</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURE:</HD>
                    <P>Individuals may be notified if a record in this system of records pertains to them when the individuals request information utilizing the same procedures as those identified in the “RECORD ACCESS PROCEDURES” paragraph, above.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED BY THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">HISTORY:</HD>
                    <P>Published as a modified system on October 8, 2015 (80 FR 60872-60875, APHIS-2014-0036).</P>
                    <P>Published as a new system on April 30, 2008 (73 FR 23404-23406, APHIS-2006-0018).</P>
                    <P>A report on the modified system of records, required by 5 U.S.C. 552a(r), as implemented by Office of Management and Budget Circular A-108, was sent to the Chairman and Ranking Member of the House Committee on Oversight and Reform, Chairman and Ranking Member of the Senate Committee on Homeland Security and Governmental Affairs, and the Administrator of the Office of Management and Budget's Office of Information and Regulatory Affairs.</P>
                </PRIACT>
                <SIG>
                    <DATED>Done in Washington, DC, this 2nd day of July 2024.</DATED>
                    <NAME>Michael Watson,</NAME>
                    <TITLE>Administrator, Animal and Plant Health Inspection Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15113 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>U.S. Codex Office</SUBAGY>
                <SUBJECT>Codex Alimentarius Commission: Meeting of the Codex Committee on Food Import and Export Inspection and Certification Systems</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Codex Office, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meeting and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Codex Office is sponsoring a public meeting on August 21, 2024. The objective of the public meeting is to provide information and receive public comments on agenda items and draft U.S. positions to be discussed at the 27th Session of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS) of the Codex Alimentarius Commission (CAC). The 27th Session of the CCFICS will be held in Cairns, Australia, from September 16-20, 2024. The U.S. Manager for Codex Alimentarius and the Under Secretary for Trade and Foreign Agricultural Affairs recognize the importance of providing interested parties the opportunity to obtain background information on the 27th Session of the CCFICS and to address items on the agenda.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The public meeting is scheduled for August 21, 2024, from 1:00-4:00 p.m. ET.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The public meeting will take place via Video Teleconference only. Documents related to the 27th Session of the CCFICS will be accessible via the internet at the following address: 
                        <E T="03">https://www.fao.org/fao-who-codexalimentarius/meetings/detail/en/?meeting=CCFICS&amp;session=27.</E>
                    </P>
                    <P>
                        Dr. Michelle Catlin, U.S. Delegate to the 27th Session of the CCFICS, invites interested U.S. parties to submit their comments electronically to the following email address: 
                        <E T="03">michelle.catlin@usda.gov.</E>
                    </P>
                    <P>
                        <E T="03">Registration:</E>
                         Attendees may register to attend the public meeting at the following link: 
                        <E T="03">https://www.zoomgov.com/meeting/register/vJItc-6rpzIuGPEVvN9FhCzAF2fXU6TBzKA.</E>
                         After registering, you will receive a confirmation email containing information about joining the meeting.
                    </P>
                    <P>
                        For further information about the 27th Session of the CCFICS, contact U.S. Delegate, Dr. Michelle Catlin, Chief Scientist, Food Safety and Inspection Service, United States Department of Agriculture, by email at: 
                        <E T="03">michelle.catlin@usda.gov.</E>
                         For additional information regarding the public meeting, contact the U.S. Codex Office by email at: 
                        <E T="03">uscodex@usda.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION: </HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>The Codex Alimentarius Commission was established in 1963 by two United Nations organizations, the Food and Agriculture Organization (FAO) and the World Health Organization (WHO). Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure fair practices in the food trade.</P>
                <P>The Terms of Reference of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS) are:</P>
                <P>(a) to develop principles and guidelines for food import and export inspection and certification systems with a view to harmonizing methods and procedures which protect the health of consumers, ensure fair trading practices and facilitate international trade in foodstuffs;</P>
                <P>
                    (b) to develop principles and guidelines for the application of measures by the competent authorities of exporting and importing countries to 
                    <PRTPAGE P="56720"/>
                    provide assurance where necessary that foodstuffs comply with requirements, especially statutory health requirements;
                </P>
                <P>(c) to develop guidelines for the utilization, as and when appropriate, of quality assurance systems to ensure that foodstuffs conform with requirements and to promote the recognition of these systems in facilitating trade in food products under bilateral/multilateral arrangements by countries;</P>
                <P>(d) to develop guidelines and criteria with respect to format, declarations and language of such official certificates as countries may require with a view towards international harmonization;</P>
                <P>(e) to make recommendations for information exchange in relation to food import/export control;</P>
                <P>(f) to consult as necessary with other international groups working on matters related to food inspection and certification systems; and,</P>
                <P>(g) to consider other matters assigned to it by the Commission in relation to food inspection and certification systems.</P>
                <P>Quality assurance means all those planned and systematic actions necessary to provide adequate confidence that a product or service will satisfy given requirements for quality (ISO-8402 Quality—Vocabulary).</P>
                <P>The CCFICS is hosted by Australia. The United States attends the CCFICS as a member country of Codex.</P>
                <HD SOURCE="HD1">Issues To Be Discussed at the Public Meeting</HD>
                <P>The following items from the Provisional Agenda for the 27th Session of the CCFICS will be discussed during the public meeting:</P>
                <P>• Matters arising from the Codex Alimentarius Commission and its subsidiary bodies</P>
                <P>• Information on activities of the FAO and WHO and other international organizations relevant to the work of CCFICS</P>
                <P>• Draft Consolidated Codex Guidelines related to Equivalence</P>
                <P>• Draft Guidelines on the Prevention and Control of Food Fraud</P>
                <P>
                    • Draft revision and updating of the 
                    <E T="03">Principles for Traceability/Product Tracing as a Tool Within a Food Inspection and Certification System</E>
                     (CXG 60-2006)
                </P>
                <P>• Discussion paper on guidance on appeals mechanism in the context of rejection of imported food</P>
                <P>• Discussion paper on the standardization of sanitary requirements</P>
                <P>• Review and update of Appendix A—the list of emerging global issues</P>
                <P>• Other business</P>
                <HD SOURCE="HD1">Public Meeting</HD>
                <P>
                    At the August 21, 2024, public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Dr. Michelle Catlin, U.S. Delegate to the 27th Session of the CCFICS, at 
                    <E T="03">michelle.catlin@usda.gov.</E>
                     Written comments should state that they relate to activities of the 27th Session of the CCFICS.
                </P>
                <HD SOURCE="HD1">Additional Public Notification</HD>
                <P>
                    Public awareness of all segments of rulemaking and policy development is important. Consequently, the U.S. Codex Office will announce this 
                    <E T="04">Federal Register</E>
                     publication on-line through the USDA Codex web page located at: 
                    <E T="03">http://www.usda.gov/codex,</E>
                     a link that also offers an email subscription service providing access to information related to Codex. Customers can add or delete their subscriptions themselves and have the option to password protect their accounts.
                </P>
                <HD SOURCE="HD1">USDA Non-Discrimination Statement</HD>
                <P>No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.</P>
                <HD SOURCE="HD1">How To File a Complaint of Discrimination</HD>
                <P>
                    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at 
                    <E T="03">https://www.usda.gov/oascr/filing-program-discrimination-complaint-usda-customer,</E>
                     or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email. Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410; Fax: (202) 690-7442; Email: 
                    <E T="03">program.intake@usda.gov.</E>
                     Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).
                </P>
                <SIG>
                    <DATED>Done at Washington, DC, on July 3, 2024.</DATED>
                    <NAME>Julie A. Chao,</NAME>
                    <TITLE>Deputy U.S. Manager for Codex Alimentarius.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15096 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3420-3F-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Food and Nutrition Service</SUBAGY>
                <SUBJECT>National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Nutrition Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This Notice announces the annual adjustments to the national average payments, the amount of money the Federal Government provides States for lunches, afterschool snacks, and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the maximum reimbursement rates, the maximum per lunch rate from Federal funds that a State can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution that participates in the Special Milk Program for Children. The annual payments and rates adjustments for the National School Lunch and School Breakfast Programs reflect changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers. The annual rate adjustment for the Special Milk Program reflects changes in the Producer Price Index for Fluid Milk Products. Further adjustments are made to these rates to reflect higher costs of providing meals in Alaska, Guam, Hawaii, Puerto Rico, and Virgin Islands. The payments and rates are prescribed on an annual basis each July.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>These rates are in effect from July 1, 2024, through June 30, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Penny Burke, Branch Chief, Program Monitoring and Operational Support Division, Child Nutrition Programs, FNS USDA, 1320 Braddock Place, Suite 401, Alexandria, VA 22314, 303-844-0357.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    <E T="03">Special Milk Program for Children</E>
                    —Pursuant to section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1772), the Department announces 
                    <PRTPAGE P="56721"/>
                    the rate of reimbursement for a half pint of milk served to non-needy children in a school or institution that participates in the Special Milk Program for Children. This rate is adjusted annually to reflect changes in the Producer Price Index for Fluid Milk Products, published by the Bureau of Labor Statistics of the Department of Labor.
                </P>
                <P>
                    <E T="03">National School Lunch and School Breakfast Programs</E>
                    —Pursuant to sections 11 and 17A of the Richard B. Russell National School Lunch Act, (42 U.S.C. 1759a and 1766a), and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), the Department annually announces the adjustments to the National Average Payment Factors and to the maximum Federal reimbursement rates for lunches and afterschool snacks served to children participating in the National School Lunch Program and breakfasts served to children participating in the School Breakfast Program. Adjustments are prescribed each July 1, based on changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor.
                </P>
                <P>
                    <E T="03">Lunch Payment Levels</E>
                    —Section 4 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753) provides general cash for food assistance payments to States to assist schools in purchasing food. The Richard B. Russell National School Lunch Act provides two different section 4 payment levels for lunches served under the National School Lunch Program. The lower payment level applies to lunches served by school food authorities in which less than 60 percent of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced price. The higher payment level applies to lunches served by school food authorities in which 60 percent or more of the lunches served during the second preceding school year were served free or at a reduced price.
                </P>
                <P>To supplement these section 4 payments, section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759(a)) provides special cash assistance payments to aid schools in providing free and reduced-price lunches. The section 11 National Average Payment Factor for each reduced-price lunch served is set at 40 cents less than the factor for each free lunch.</P>
                <P>As authorized under sections 8 and 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1757 and 1759a), maximum reimbursement rates for each type of lunch are prescribed by the Department in this Notice. These maximum rates are to ensure equitable disbursement of Federal funds to school food authorities.</P>
                <P>
                    <E T="03">Performance-based Reimbursement</E>
                    —In addition to the funding mentioned above, school food authorities certified as meeting the meal pattern and nutrition standard requirements set forth in 7 CFR parts 210 and 220 are eligible to receive performance-based cash assistance for each reimbursable lunch served (an additional nine cents per lunch available beginning July 1, 2024, and adjusted annually thereafter).
                </P>
                <P>
                    <E T="03">Afterschool Snack Payments in Afterschool Care Programs</E>
                    —Section 17A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a) establishes National Average Payments for free, reduced price and paid afterschool snacks as part of the National School Lunch Program.
                </P>
                <P>
                    <E T="03">Breakfast Payment Factors</E>
                    —Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) establishes National Average Payment Factors for free, reduced price, and paid breakfasts served under the School Breakfast Program and additional payments for free and reduced-price breakfasts served in schools determined to be in “severe need” because they serve a high percentage of free and reduced eligible children.
                </P>
                <HD SOURCE="HD1">Adjusted Payments</HD>
                <P>
                    The following specific section 4, section 11, and section 17A National Average Payment Factors and maximum reimbursement rates for lunch, the afterschool snack rates, and the breakfast rates are in effect from July 1, 2024, through June 30, 2025. Due to a higher cost of living, the average payments and maximum reimbursements for Alaska, Guam, Hawaii, Puerto Rico, and Virgin Islands are higher than those for all other States. The District of Columbia uses figures specified for the contiguous States. These rates do not include the value of USDA Foods or cash-in-lieu of USDA Foods which schools receive as additional assistance for each meal served to participants under the Program. A notice announcing the value of USDA Foods and cash-in-lieu of USDA Foods is published separately in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>Adjustments to the national average payment rates for all lunches served under the National School Lunch Program, breakfasts served under the School Breakfast Program, and afterschool snacks served under the National School Lunch Program are rounded down to the nearest whole cent.</P>
                <HD SOURCE="HD1">Special Milk Program Payments</HD>
                <P>For the period July 1, 2024, through June 30, 2025, the rate of reimbursement for a half pint of milk served to a non-needy child in a school or institution that participates in the Special Milk Program is 27.00 cents. This change is based on the 2.91 percent increase in the Producer Price Index for Fluid Milk Products from May 2023 to May 2024.</P>
                <P>As a reminder, schools or institutions with pricing programs that elect to serve milk free to eligible children continue to receive the average cost of a half pint of milk (the total cost of all milk purchased during the claim period divided by the total number of purchased half pints) for each half pint served to an eligible child.</P>
                <HD SOURCE="HD1">National School Lunch Program Payments</HD>
                <P>
                    Overall, payments for the National School Lunch Program and the Afterschool Snack Program increased due to a 4.03 percent increase in the national average payment rates for schools and residential child care institutions for the period July 1, 2024, through June 30, 2025 in the Consumer Price Index for All Urban Consumers for the Food Away From Home series during the 12-month period May 2023 to May 2024 (from a level of 352.892 in May 2023, as previously published in the 
                    <E T="04">Federal Register</E>
                     to 367.099 in May 2024).
                </P>
                <P>
                    <E T="03">These changes are reflected below.</E>
                </P>
                <P>
                    <E T="03">Section 4 National Average Payment Factors</E>
                    —In school food authorities that served less than 60 percent free and reduced-price lunches in School Year (SY) 2022-2023, the payments for meals served are: 
                    <E T="03">Contiguous States</E>
                    —paid rate—42 cents (2 cents increase from the 2023-2024 rate), free and reduced price rate—42 cents (2 cents increase), maximum rate—50 cents (2 cents increase); 
                    <E T="03">Alaska</E>
                    —paid rate—69 cents (3 cents increase), free and reduced price rate—69 cents (3 cents increase), maximum rate—79 cents (3 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico, and Virgin Islands</E>
                    —paid rate—55 cents (2 cents increase), free and reduced price rate—55 cents (2 cents increase), maximum rate—64 cents (3 cents increase).
                </P>
                <P>
                    In school food authorities that served 60 percent or more free and reduced price lunches in School Year 2022-2023, payments are: 
                    <E T="03">Contiguous States</E>
                    —paid rate—44 cents (2 cents increase), free and reduced price rate—44 cents (2 cents increase), maximum rate—50 cents (2 cents increase); 
                    <E T="03">Alaska</E>
                    —paid rate—71 cents (3 cents increase), free and reduced price rate—
                    <PRTPAGE P="56722"/>
                    71 cents (3 cents increase), maximum rate—79 cents (3 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —paid rate—57 cents (2 cents increase), free and reduced price rate—57 cents (2 cents increase), maximum rate—64 cents (3 cents increase).
                </P>
                <P>School food authorities certified to receive the performance-based cash assistance will receive an additional 9 cents (adjusted annually) added to the above amounts as part of their section 4 payments.</P>
                <P>
                    <E T="03">Section 11 National Average Payment Factors</E>
                    —
                    <E T="03">Contiguous States</E>
                    —free lunch—4 dollars and 1 cent (16 cents increase from the SY 2023-2024 rate), reduced price lunch—3 dollars and 61 cents (16 cents increase); 
                    <E T="03">Alaska</E>
                    —free lunch—6 dollars and 49 cents (25 cents increase), reduced price lunch—6 dollars and 9 cents (25 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —free lunch—5 dollars and 21 cent (20 cents increase), reduced price lunch—4 dollars and 81 cents (20 cents increase).
                </P>
                <P>
                    <E T="03">Afterschool Snacks in Afterschool Care Programs</E>
                    —The payments are: 
                    <E T="03">Contiguous States</E>
                    —free snack—1 dollar and 21 cents (4 cents increase from the SY 2023-2024), reduced price snack—60 cents (2 cents increase), paid snack—11 cents (1 cent increase); 
                    <E T="03">Alaska</E>
                    —free snack—1 dollar and 97 cents (8 cent increase), reduced price snack—98 cents (4 cents increase), paid snack—18 cents (1 cent increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —free snack—1 dollar and 58 cents (6 cents increase), reduced price snack—79 cents (3 cents increase), paid snack—14 cents (1 cent increase).
                </P>
                <HD SOURCE="HD1">School Breakfast Program Payments</HD>
                <P>
                    Overall, payments for the National School Breakfast Program increased due to a 4.03 percent increase in the national average payment rates for schools and residential child care institutions for the period July 1, 2024 through June 30, 2025 in the Consumer Price Index for All Urban Consumers in the Food Away from Home series during the 12-month period May 2023 to May 2024 (from a level of 352.892 in May 2023, as previously published in the 
                    <E T="04">Federal Register</E>
                     to 367.099 in May 2024).
                </P>
                <P>
                    <E T="03">These changes are reflected below.</E>
                </P>
                <P>
                    For schools “not in severe need” the payments are: 
                    <E T="03">Contiguous States</E>
                    —free breakfast—2 dollars and 37 cents (9 cents increase from the SY 2023-2024 rate), reduced price breakfast—2 dollars and 7 cents (9 cents increase), paid breakfast—39 cents (1 cent increase); 
                    <E T="03">Alaska</E>
                     free breakfast—3 dollars and 80 cents (14 cents increase), reduced price breakfast—3 dollars and 50 cents (14 cents increase), paid breakfast—60 cents (2 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —free breakfast—3 dollars and 6 cents (11 cents increase), reduced price breakfast—2 dollars and 76 cents (11 cents increase), paid breakfast—49 cents (2 cents increase).
                </P>
                <P>
                    For schools in “severe need” the payments are: 
                    <E T="03">Contiguous States</E>
                    —free breakfast—2 dollars and 84 cents (11 cents increase from the SY 2023-2024), reduced price breakfast—2 dollars and 54 cents (11 cents increase), paid breakfast—39 cents (1 cent increase); 
                    <E T="03">Alaska</E>
                    —free breakfast—4 dollars and 56 cents (17 cents increase), reduced price breakfast—4 dollars and 26 cents (17 cents increase), paid breakfast—60 cents (2 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —free breakfast—3 dollars and 67 cents (14 cents increase), reduced price breakfast—3 dollars and 37 cents (14 cents increase), paid breakfast—49 cents (2 cents increase).
                </P>
                <HD SOURCE="HD1">Payment Chart</HD>
                <P>The following chart illustrates the lunch National Average Payment Factors with the sections 4 and 11 already combined to indicate the per lunch amount; the maximum lunch reimbursement rates; the reimbursement rates for afterschool snacks served in afterschool care programs; the breakfast National Average Payment Factors including severe need schools; and the milk reimbursement rate. All amounts are expressed in dollars or fractions thereof. The payment factors and reimbursement rates used for the District of Columbia are those specified for the contiguous States.</P>
                <BILCOD>BILLING CODE 3410-30-P</BILCOD>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="56723"/>
                    <GID>EN10JY24.021</GID>
                </GPH>
                <P>
                    This action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that Act. This notice has been determined to be exempt under Executive Order 12866.
                    <PRTPAGE P="56724"/>
                </P>
                <P>In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), no new recordkeeping or reporting requirements have been included that are subject to approval from the Office of Management and Budget.</P>
                <P>National School Lunch, School Breakfast, and Special Milk Programs are listed in the Catalog of Federal Domestic Assistance under No. 10.555, No. 10.553, and No. 10.556, respectively, and are subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials (See 2 CFR 415.3-415.6).</P>
                <P>
                    <E T="03">Authority:</E>
                     Sections 4, 8, 11, and 17A of the Richard B. Russell National School Lunch Act, as amended, (42 U.S.C. 1753, 1757, 1759a, 1766a) and sections 3 and 4(b) of the Child Nutrition Act, as amended, (42 U.S.C. 1772 and 42 U.S.C. 1773(b)).
                </P>
                <SIG>
                    <NAME>Cynthia Long,</NAME>
                    <TITLE>Administrator, Food and Nutrition Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15175 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-30-C</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Food and Nutrition Service</SUBAGY>
                <SUBJECT>Child and Adult Care Food Program: National Average Payment Rates, Day Care Home Food Service Payment Rates, and Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes for the Period July 1, 2024 Through June 30, 2025</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Nutrition Service, Agriculture (USDA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces the annual adjustments to the national average payment rates for meals and snacks served in child care centers, outside-school-hours care centers, at-risk afterschool care centers, and adult day care centers; the food service payment rates for meals and snacks served in day care homes; and the administrative reimbursement rates for sponsoring organizations of day care homes, to reflect changes in the Consumer Price Index. Further adjustments are made to these rates to reflect the higher costs of providing meals in Alaska, Guam, Hawaii, Puerto Rico, and Virgin Islands. The adjustments contained in this notice are made on an annual basis each July, as required by the laws and regulations governing the Child and Adult Care Food Program.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>These rates are in effect from July 1, 2024 through June 30, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Penny Burke, Branch Chief, Program Monitoring and Operational Support Division, Child Nutrition Programs, FNS USDA, 1320 Braddock Place, Suite 401, Alexandria, Virginia 22314, 303-844-0357.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>Pursuant to sections 4, 11, and 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753, 1759a and 1766), section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and 7 CFR 226.4, 226.12 and 226.13 of the Program regulations, notice is hereby given of the new payment rates for institutions participating in the Child and Adult Care Food Program. As provided for under the law, all rates in the Child and Adult Care Food Program must be revised annually, on July 1, to reflect changes in the Consumer Price Index (CPI), published by the Bureau of Labor Statistics of the United States Department of Labor, for the most recent 12-month period. These rates are in effect during the period of July 1, 2024 through June 30, 2025.</P>
                <HD SOURCE="HD1">Adjusted Payments</HD>
                <P>
                    The following national average payment factors and food service payment rates for meals and snacks are in effect from July 1, 2024 through June 30, 2025. All amounts are expressed in dollars or fractions thereof. Due to a higher cost of living, the reimbursements for Alaska, Guam, Hawaii, Puerto Rico, and Virgin Islands are higher than those for all other States. The District of Columbia uses the figures specified for the contiguous States. These rates do not include the value of USDA Foods or cash-in-lieu of USDA Foods, which institutions receive as additional assistance for each lunch or supper served to participants under the Program. A notice announcing the value of USDA Foods and cash-in-lieu of USDA Foods is published separately in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>Adjustments to the national average payment rates for all meals served under the Child and Adult Care Food Program are rounded down to the nearest whole cent.</P>
                <HD SOURCE="HD1">National Average Payment Rates for Centers</HD>
                <P>
                    The changes in the national average payment rates for centers reflect a 4.03 percent increase during the 12-month period from May 2023 to May 2024 (from 352.892 in May 2023, as previously published in the 
                    <E T="04">Federal Register</E>
                    , to 367.099 in May 2024) in the Food Away From Home series of the Consumer Price Index for All Urban Consumers.
                </P>
                <P>
                    Payments for breakfasts served are: 
                    <E T="03">Contiguous States</E>
                    —paid rate—39 cents (1 cent increase from the 2023-2024 rate), reduced price rate—2 dollar and 7 cents (9 cents increase), free rate—2 dollars and 37 cents (9 cents increase); 
                    <E T="03">Alaska</E>
                    —paid rate—60 cents (2 cents increase), reduced price rate—3 dollars and 50 cents (14 cents increase), free rate—3 dollars and 80 cents (14 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —paid rate—49 cents (2 cents increase), reduced price rate—2 dollars and 76 cents (11 cents increase), free rate—3 dollars and 6 cents (11 cents increase).
                </P>
                <P>
                    Payments for lunch or supper served are: 
                    <E T="03">Contiguous States</E>
                    —paid rate—42 cents (2 cents increase), reduced price rate—4 dollars and 3 cents (18 cents increase), free rate—4 dollars and 43 cents (18 cents increase); 
                    <E T="03">Alaska</E>
                    —paid rate—69 cents (3 cents increase), reduced price rate—6 dollars and 78 cents (28 cents increase), free rate—7 dollars and 18 cents (28 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —paid rate—55 cents (2 cents increase), reduced price rate—5 dollars and 36 cents (22 cents increase), free rate—5 dollars and 76 cents (22 cents increase).
                </P>
                <P>
                    Payments for snack served are: 
                    <E T="03">Contiguous States</E>
                    —paid rate—11 cents (1 cents increase), reduced price rate—60 cents (2 cents increase), free rate—1 dollar and 21 cents (4 cents increase); 
                    <E T="03">Alaska</E>
                    —paid rate—18 cents (1 cent increase), reduced price rate—98 cents (4 cent increase), free rate—1 dollar and 97 cents (8 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —paid rate—14 cents (1 cents increase), reduced price rate—79 cents (3 cents increase), free rate—1 dollar and 58 cents (6 cents increase).
                </P>
                <HD SOURCE="HD1">Food Service Payment Rates for Day Care Homes</HD>
                <P>
                    The changes in the food service payment rates for day care homes reflect a 1.04 percent increase during the 12-month period from May 2023 to May 2024 (from 302.535 in May 2023, as previously published in the 
                    <E T="04">Federal Register</E>
                    , to 305.679 in May 2024) in the Food At Home series of the Consumer Price Index for All Urban Consumers.
                </P>
                <P>
                    Payments for breakfast served are: 
                    <E T="03">Contiguous States</E>
                    —Tier I—1 dollar and 66 cents (1 cent increase from the 2023-2024 rate) and Tier II—60 cents (1 cents increase); 
                    <E T="03">Alaska</E>
                    —Tier I—2 dollars and 66 cents (3 cents increase) and Tier II—
                    <PRTPAGE P="56725"/>
                    93 cents (1 cent increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —Tier I—2 dollar and 14 cents (2 cents increase) and Tier II—76 cents (1 cent increase).
                </P>
                <P>
                    Payments for lunch and supper served are: 
                    <E T="03">Contiguous States</E>
                    —Tier I—3 dollars and 15 cents (3 cents increase) and Tier II—1 dollar and 90 cents (2 cents increase); 
                    <E T="03">Alaska</E>
                    —Tier I—5 dollars and 10 cents (5 cents increase) and Tier II—3 dollars and 8 cents (3 cents increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —Tier I—4 dollars and 9 cents (4 cents increase) and Tier II—2 dollar and 47 cents (3 cents increase).
                </P>
                <P>
                    Payments for snack served are: 
                    <E T="03">Contiguous States</E>
                    —Tier I—93 cents (No Change) and Tier II—26 cents (1 cent increase); 
                    <E T="03">Alaska</E>
                    —Tier I—1 dollar and 52 cents (2 cents increase) and Tier II—42 cents (1 cent increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —Tier I—1 dollar and 22 cents (2 cents increase) and Tier II—33 cents (No Change).
                </P>
                <HD SOURCE="HD1">Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes</HD>
                <P>
                    The changes in the administrative reimbursement rates for sponsoring organizations of day care homes reflect a 3.27 percent increase during the 12-month period, May 2023 to May 2024 (from 304.127 in May 2023, as previously published in the 
                    <E T="04">Federal Register</E>
                    , to 314.069 in May 2024) in the series for all items of the Consumer Price Index for All Urban Consumers.
                </P>
                <P>
                    Monthly administrative payments to sponsors for each sponsored day care home are: 
                    <E T="03">Contiguous States</E>
                    —Initial 50 homes—147 dollars (5 dollar increase from 2023-2024 annual level), next 150 homes—112 dollars (4 dollar increase), next 800 homes—87 dollars (2 dollar increase), each additional home—77 dollars (2 dollar increase); 
                    <E T="03">Alaska</E>
                    —Initial 50 homes—238 dollars (8 dollar increase), next 150 homes—181 dollars (5 dollar increase), next 800 homes—142 dollars (5 dollar increase), each additional home—125 dollars (4 dollar increase); 
                    <E T="03">Guam, Hawaii, Puerto Rico and Virgin Islands</E>
                    —Initial 50 homes—191 dollars (6 dollar increase), next 150 homes—145 dollars (4 dollar increase), next 800 homes—114 dollars (4 dollar increase), each additional home—100 dollars (3 dollar increase).
                </P>
                <HD SOURCE="HD1">Payment Chart</HD>
                <P>The following chart illustrates the national average payment factors and food service payment rates for meals and snacks in effect from July 1, 2024 through June 30, 2025.</P>
                <BILCOD>BILLING CODE 3410-30-P</BILCOD>
                <GPH SPAN="3" DEEP="487">
                    <PRTPAGE P="56726"/>
                    <GID>EN10JY24.020</GID>
                </GPH>
                <P>This action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that Act. This notice has been determined to be exempt under Executive Order 12866.</P>
                <P>Child and Adult Care Food Program is listed in the Catalog of Federal Domestic Assistance under No. 10.558 and is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR 415.3-415.6).</P>
                <P>This notice imposes no new reporting or recordkeeping provisions that are subject to OMB review in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3518).</P>
                <P>
                    <E T="03">Authority:</E>
                     Sections 4(b)(2), 11a, 17(c) and 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(2), 1759a, 1766(f)(3)(B) and section 4(b)(1)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(B)).
                </P>
                <SIG>
                    <NAME>Cynthia Long,</NAME>
                    <TITLE>Administrator, Food and Nutrition Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15173 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-30-C</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Forest Service</SUBAGY>
                <SUBJECT>Boundary Establishment and Comprehensive River Management Plan for Cottonwood Creek National Wild and Scenic River on Inyo National Forest, Forest Service, and the Bureau of Land Management, California State Office, Inyo and Mono Counties, California</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Forest Service, Agriculture (USDA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <PRTPAGE P="56727"/>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The USDA Forest Service, Washington Office, in accordance with section 3(b) and section 3(d)(1) of the Wild and Scenic Rivers Act, is transmitting the final boundary of Cottonwood Creek National Wild and Scenic River to Congress and is providing notice of availability of the Cottonwood Creek Wild and Scenic River Comprehensive River Management Plan. The comprehensive river management plan and boundary for Cottonwood Creek Wild and Scenic River are available for review online at the following websites: 
                        <E T="03">https://www.fs.usda.gov/project/inyo/?project=57325</E>
                         and 
                        <E T="03">https://eplanning.blm.gov/eplanning-ui/project/1505640/570.</E>
                    </P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The comprehensive river management plan and boundary are available for review at the websites listed under 
                        <E T="02">SUMMARY</E>
                        . To view the documents in person, arrangements should be made in advance by contacting the offices listed under 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Information may be obtained by contacting Gino San Paolo, Forest Service Regional Land Surveyor, at 707-562-8963 or 
                        <E T="03">carlo.sanpaolo@usda.gov.</E>
                         Alternatively, contact Adam Barnett, Inyo National Forest, at 760-973-2461 or 
                        <E T="03">adam.barnett@usda.gov;</E>
                         or Sendi Kalcic, Bureau of Land Management California State Office, at 916-978-4469 or 
                        <E T="03">skalcic@blm.gov;</E>
                         or Katy Meyer, Bureau of Land Management Ridgecrest Field Office, at 760-384-5400. Individuals who use telecommunications devices for the hearing impaired may call 711 to reach the Telecommunications Relay Service, 24 hours a day, every day of the year, including holidays.
                    </P>
                    <P>Persons with disabilities who require alternative means of communication for program information (Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at 202-720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at 800-877-8339. Additionally, program information may be made available in languages other than English.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Omnibus Public Lands Management Act of 2009 (Pub. L. 111-11) of March 30, 2009, designated Cottonwood Creek, California as a National Wild and Scenic River, to be administered by the Secretary of Agriculture and Secretary of Interior. The Wild and Scenic Rivers Act requires that each federally administered river have a legally established boundary. As specified by law, the boundary will not be effective until ninety days after Congress receives the transmittal.</P>
                <SIG>
                    <NAME>Keith Lannom,</NAME>
                    <TITLE>Associate Deputy Chief, National Forest System.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15124 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3411-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Office of Partnerships and Public Engagement</SUBAGY>
                <SUBJECT>Advisory Committee on Minority Farmers</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Partnerships and Public Engagement (OPPE), USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to the provisions of the rules and regulations of the United States Department of Agriculture (USDA) and the Federal Advisory Committee Act (FACA), notice is hereby given that a public meeting of the Advisory Committee on Minority Farmers (ACMF) will be convened. During this public meeting, the ACMF will consider USDA programs and policies and their impacts on minority farmers. The ACMF will recommend action-oriented strategies that maximize the participation of minority farmers in USDA programs and services.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The ACMF public meeting is scheduled for July 23-25, 2024. On Day 1 (July 23) the meeting will take place from 9:00 a.m. to 12:30 p.m. Eastern Daylight Time (EDT). Committee Members will breakout for visits with local stakeholders between 1:00 p.m. and 6:00 p.m. On Days 2 and 3 (July 24 and 25), the public meeting is scheduled from 9:00 a.m. to 4:30 p.m. EDT.</P>
                </DATES>
                <HD SOURCE="HD1">Meeting Pre-Registration</HD>
                <P>
                    The public is asked to pre-register for the meeting by July 22, 2024, 
                    <E T="03">at https://events.intellor.com/?do=register&amp;t=7&amp;p=509151.</E>
                     Once registered you will immediately receive an email that lists 
                    <E T="03">separate</E>
                     links for each day should you choose to participate virtually. Your pre-registration should include: your name; organization or interest represented; if you plan to attend in-person or virtually, make oral comments; and if you require special accommodations. USDA will also accept day-of registrations throughout the meeting. Time will be allotted at the end of each morning and afternoon for comments from those attending in person or virtually. USDA will allow as many individual and organizational comments as time permits.
                </P>
                <P>
                    <E T="03">Oral Comments:</E>
                     Persons or organizations may register for one speaking slot per day. All persons wanting to make oral comments 
                    <E T="03">during</E>
                     the in-person meeting may check-in each day at the registration table beginning 8:30 a.m. EDT.
                </P>
                <P>
                    <E T="03">Written Comments:</E>
                     Written comments for consideration during the public meeting are requested by or before 3:00 p.m. EDT, June 22, 2024. The ACMF prefers that all written comments be submitted electronically via the pre-registration link or emailed to the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section. However, written comments may also be submitted (
                    <E T="03">i.e.,</E>
                     postmarked) via first class mail to the address listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section (below) prior to the deadline. Written comments will be accepted up to 7 days after the public meeting. All written public comments received by August 2, 2024, will be compiled for committee members' review.
                </P>
                <P>
                    <E T="03">Availability of Meeting Materials:</E>
                     Please visit 
                    <E T="03">https://www.usda.gov/partnerships/advisory-committee-on-minority-farmers</E>
                     to review the agenda, meeting documents (notices), and summary minutes for this meeting.
                </P>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>This public advisory meeting will be held at the Tarrytown House Estate on the Hudson, 49 East Sunnyside Lane, Tarrytown, NY 10591. Public attendees are asked to sign-in upon arrival to the Carriage House (meeting room), beginning 8:30 a.m. each day. Onsite public parking is available free of charge.</P>
                    <P>
                        <E T="03">Virtual Participation:</E>
                         Public participants may also follow the committee proceedings and presentations via the following links listed by date. Please note that for security purposes each link is unique. Meeting ID and passcode is not required.
                    </P>
                    <FP SOURCE="FP-1">
                        Day 1: Jul 23, 2024 at 9:00 a.m.-1:00 p.m. EDT; 
                        <E T="03">https://events.intellor.com/login/509150</E>
                    </FP>
                    <FP SOURCE="FP-1">
                        Day 2: Jul 24, 2024 at 9:00 a.m.-5:00 p.m. EDT; 
                        <E T="03">https://events.intellor.com/login/509157</E>
                    </FP>
                    <FP SOURCE="FP-1">
                        Day 3: Jul 25, 2024 at 9:00 a.m.-5:00 p.m. EDT; 
                        <E T="03">https://events.intellor.com/login/509158</E>
                    </FP>
                    <P>For listen-only access, the call-in number and code is:</P>
                    <FP SOURCE="FP-1">US Toll Free: 888-978-8818 or US Toll: 202-735-3323 Access Code: 5502994#</FP>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. R. Jeanese Cabrera, Designated Federal 
                        <PRTPAGE P="56728"/>
                        Officer, Office of Partnerships and Public Engagement, 1400 Independence Avenue SW, Mail Stop 0601, Room 524-A, Washington, DC 20250; Phone: (202) 720-6350; Email: 
                        <E T="03">acmf@usda.gov.</E>
                         Individuals who use telecommunication devices for the deaf (TDD) may call the FCC Telecommunications Relay Service (TRS) at 7-1-1 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Committee was established pursuant to section 14008 of the Food Conservation and Energy Act of 2008, Public Law 110-246, 122 Stat. 1651, 2008 (7 U.S.C. 2279), to ensure that socially disadvantaged farmers (
                    <E T="03">i.e.,</E>
                     minority farmers) have equal access to USDA programs. The committee members also advise the Secretary on implementation of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (the 2501 Program); maximizing the participation of minority farmers and ranchers in USDA programs; and civil rights activities within the Department relative to participants in its programs.
                </P>
                <P>
                    The Secretary appoints a diverse group of committee members who represent the broadest possible range of minority farmers, ranchers, and stakeholders—bringing their lived-experiences to the fore. These 
                    <E T="03">representative</E>
                     committee members look closely at challenges and issues adversely affecting many minority farming communities; consider ways to bridge the gap in customer service delivery; examine continued barriers to program participation (
                    <E T="03">e.g.,</E>
                     how the USDA might lessen the 
                    <E T="03">burdens of process and procedure</E>
                    ); and needful action through which minority farmers and ranchers might finally attain equity in agricultural pursuits with USDA assistance.
                </P>
                <P>In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, 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>Equal opportunity practices in accordance with USDA's policies will be followed in all appointments to the Committee. To ensure that the recommendations of the Committee have taken into account the needs of the diverse groups served by the Department, membership shall include, to the extent practicable, individuals with demonstrated ability to represent the many communities, identities, races, ethnicities, backgrounds, abilities, cultures, and beliefs of the American people, including underserved communities.</P>
                <P>
                    <E T="03">Agenda:</E>
                     On Day 1 (July 23), the public meeting will begin with Committee member introductions and overview and comments from the Chairperson. The Committee will next hear from the USDA Equity Commission Co-Chairpersons, who will share about the Commission and its accomplishments in the first term and their shared vision for the USDA. Leadership from USDA's Office of the Assistant Secretary for Civil Rights will follow with an opening keynote address. The first day of the public meeting will end at 1:00 p.m. after which the Committee members will visit with local producers in New York State.
                </P>
                <P>On Days 2 and 3 (July 24 and 25), the Committee will review specific topics from its most recent set of recommendations (July 2023). The members will engage with USDA agencies on status updates, discussions on implementation and timelines for recommendations (as appropriate). The following agencies will report out and update the Committee over the course of two days: Farm Service Agency; Office Urban Agriculture and Innovative Production, Rural Development; Agricultural Marketing Services; National Agricultural Statistics Service (Ag Census); Forest Services; National Institutes of Food and Agriculture; Office of the Secretary (OPPE) on topics in outreach and communications; history of the 1890 institutions; and several invited speakers will explore the history, current, and projected conditions affecting minority farming communities. On Day 3 (July 25) the public meeting will end with a moderated discussion led by Equity Commission Members on the topic of contracting with the USDA. On each day there will be opportunities for the public to make statements for the Committee's consideration and will be made a part of the record of both morning and afternoon sessions.</P>
                <SIG>
                    <DATED>Dated: July 3, 2024.</DATED>
                    <NAME>Cikena Reid,</NAME>
                    <TITLE>USDA Committee Management Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15069 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3412-88-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
                <DEPDOC>[B-10-2024]</DEPDOC>
                <SUBJECT>Foreign-Trade Zone (FTZ) 183; Authorization of Production Activity; Flextronics America, LLC; (Radio Frequency Communication Device Testers); Austin, Texas</SUBJECT>
                <P>On March 7, 2024, Flextronics America, LLC submitted a notification of proposed production activity to the FTZ Board for its facility, within Subzone 183C, in Austin, Texas.</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 18372, March 13, 2024). On July 5, 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: July 5, 2024.</DATED>
                    <NAME>Elizabeth Whiteman,</NAME>
                    <TITLE>Executive Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15128 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-557-819]</DEPDOC>
                <SUBJECT>Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2022-2023</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on prestressed concrete steel wire strand (PC strand) from Malaysia for the period of review (POR) June 1, 2022, through May 31, 2023. Commerce preliminarily finds that PC Strand from Malaysia was sold in the United States at prices below normal value (NV) during the POR. We 
                        <PRTPAGE P="56729"/>
                        are also preliminarily rescinding the review with respect to one company that had no entries of the subject merchandise during the POR. We invite interested parties to comment on these preliminary results.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 10, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Alice Maldanado or Miranda Bourdeau, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202) 482-2021, respectively.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On August 3, 2023, Commerce initiated an administrative review of the antidumping duty order on PC strand from Malaysia, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).
                    <SU>1</SU>
                    <FTREF/>
                     This review covers four producers/exporters of subject merchandise. On August 31, 2023, Commerce selected Kiswire Sdn. Bhd. (Kiswire) (Kiswire) and Wei Dat Steel Wire Sdn. Bhd. (Wei Dat) as mandatory respondents for individual examination.
                    <SU>2</SU>
                    <FTREF/>
                     On April 26, 2024, Commerce extended the deadline for the preliminary results to June 28, 2024.
                    <SU>3</SU>
                    <FTREF/>
                     For a complete description of the events that followed the initiation of this review, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E>
                         88 FR 51271 (August 3, 2023); 
                        <E T="03">see also Prestressed Concrete Steel Wire Strand from Indonesia, Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine: Antidumping Duty Orders,</E>
                         86 FR 29998 (June 4, 2021) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Respondent Selection,” dated August 31, 2023.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated April 26, 2024.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Prestressed Concrete Wire Strand from Malaysia; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Scope of the Order</HD>
                <P>
                    The merchandise subject to the 
                    <E T="03">Order</E>
                     is prestressed concrete steel wire strand from Malaysia. For a full description of the scope, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Preliminary Rescission of Administrative Review, in Part</HD>
                <P>
                    Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR subject to the antidumping duty order for which liquidation is suspended, Commerce may rescind an administrative review, in whole or only with respect to a particular exporter or producer.
                    <SU>5</SU>
                    <FTREF/>
                     At the completion of the administrative review, any suspended entries are liquidated at the assessment rate computed for the review period.
                    <SU>6</SU>
                    <FTREF/>
                     Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See, e.g., Forged Steel Fittings from Taiwan: Rescission of Antidumping Duty Administrative Review; 2018-2019,</E>
                         85 FR 71317, 71318 (November 9, 2020); 
                        <E T="03">see also Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Rescission of Antidumping Duty Administrative Review; 2016-2017,</E>
                         83 FR 54084 (October 26, 2018).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.212(b)(1).
                    </P>
                </FTNT>
                <P>
                    On August 15, 2023, we released U.S. import data from U.S. Customs and Border Protection (CBP) for the purpose of respondent selection.
                    <SU>7</SU>
                    <FTREF/>
                     These data showed that one company for which Commerce initiated an administrative review, Southern Steel Sdn. Bhd. (Southern Steel), had no reviewable, suspended entries of subject merchandise.
                    <SU>8</SU>
                    <FTREF/>
                     Accordingly, pursuant to 19 CFR 351.213(d)(3) and (d)(4), we are preliminarily rescinding this administrative review with respect to Southern Steel. Absent evidence of a shipment on the record from Southern Steel during the POR, Commerce intends to rescind its review of Southern Steel, pursuant to 19 CFR 351.213(d)(3).
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “CBP Data Release,” dated August 15, 2023.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Methodology</HD>
                <P>
                    Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. We calculated export price in accordance with section 772(a) of the Act. We calculated NV in accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at 
                    <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E>
                </P>
                <HD SOURCE="HD1">Rate for Non-Examined Company</HD>
                <P>
                    The Act and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and 
                    <E T="03">de minimis</E>
                     margins, and any margins determined entirely {on the basis of facts available}.”
                </P>
                <P>
                    In this review, we preliminarily calculated weighted-average dumping margins of zero percent and 0.73 percent for Kiswire and Wei Dat, respectively. Therefore, in accordance with section 735(c)(5)(A) of the Act, we are preliminarily applying Wei Dat's weighted-average dumping margin of 0.73 percent to the sole non-examined company, Southern PC Steel Sdn. Bhd., because this is the only rate that is not zero, 
                    <E T="03">de minimis,</E>
                     or based entirely on facts available.
                </P>
                <HD SOURCE="HD1">Preliminary Results of the Review</HD>
                <P>We preliminarily determine that the following estimated weighted-average dumping margins exist for the period June 1, 2022, through May 31, 2023:</P>
                <PRTPAGE P="56730"/>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s200,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exporter/producer</CHED>
                        <CHED H="1">
                            Weighted-average
                            <LI>dumping margin</LI>
                            <LI>(percent)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Kiswire Sdn. Bhd</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wei Dat Steel Wire Sdn. Bhd</ENT>
                        <ENT>0.73</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">
                            <E T="03">Review-Specific Rate Applicable to the Following Non-Examined Company:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Southern PC Steel Sdn. Bhd</ENT>
                        <ENT>0.73</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Disclosure and Public Comment</HD>
                <P>
                    We intend to disclose the calculations performed to parties within five days of the date of publication of this notice.
                    <SU>9</SU>
                    <FTREF/>
                     Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.
                    <SU>10</SU>
                    <FTREF/>
                     Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.
                    <SU>11</SU>
                    <FTREF/>
                     Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.224(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(c)(1)(ii); 
                        <E T="03">see also</E>
                         19 CFR 351.303 (for general filing requirements).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(d); 
                        <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E>
                         88 FR 67069, 67077 (September 29, 2023).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         19 351.309(c)(2) and (d)(2).
                    </P>
                </FTNT>
                <P>
                    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.
                    <SU>13</SU>
                    <FTREF/>
                     Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule,</E>
                         88 FR 67069 (September 29, 2023).
                    </P>
                </FTNT>
                <P>
                    Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS.
                    <SU>15</SU>
                    <FTREF/>
                     Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in case and rebuttal briefs.
                    <SU>16</SU>
                    <FTREF/>
                     If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. A hearing request must be filed electronically using ACCESS and received in its entirety by 5:00 p.m. Eastern Time within 30 days after the publication of this notice.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.310(c).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.310.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Assessment Rates</HD>
                <P>
                    Upon completion of the final results of this administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.
                    <SU>17</SU>
                    <FTREF/>
                     Pursuant to 19 CFR 351.212(b)(1), if the weighted-average dumping margin for Kiswire or Wei Dat is not zero or 
                    <E T="03">de minimis</E>
                     (
                    <E T="03">i.e.,</E>
                     less than 0.50 percent) in the final results of this review, we will calculate importer-specific assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales. If either respondent's weighted-average dumping margin is zero or 
                    <E T="03">de minimis</E>
                     in the final results of review, or if an importer-specific assessment rate is zero or 
                    <E T="03">de minimis,</E>
                     Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review, and for future deposits of estimated duties, where applicable.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.212(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         section 751(a)(2)(C) of the Act.
                    </P>
                </FTNT>
                <P>
                    If, in the final results, we continue to find that the administrative review for Southern Steel Sdn. Bhd. should be rescinded, we will instruct CBP to assess antidumping duties on any suspended entries that entered under its CBP case number (
                    <E T="03">i.e.,</E>
                     at that exporter's rate) at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the POR.
                </P>
                <P>
                    In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by Kiswire or Wei Dat for which the company did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate established in the original less-than-fair-value (LTFV) investigation (
                    <E T="03">i.e.,</E>
                     5.13 percent) 
                    <SU>19</SU>
                    <FTREF/>
                     if there is no rate for the intermediate company(ies) involved in the transaction.
                    <SU>20</SU>
                    <FTREF/>
                     For the company which was not selected for individual review, we will assign an assessment rate based on the review-specific average rate, calculated as noted in the “Preliminary Results of Review” section above.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See Order,</E>
                         86 FR at 30000.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         For a full discussion of this practice, 
                        <E T="03">see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E>
                         68 FR 23954 (May 6, 2003).
                    </P>
                </FTNT>
                <P>
                    Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the 
                    <E T="04">Federal Register</E>
                    . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be equal to the weighted-average dumping margins established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, 
                    <E T="03">de minimis</E>
                     within the meaning of 19 CFR 
                    <PRTPAGE P="56731"/>
                    351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by a company not covered in this review, but covered in a prior segment of the proceeding, the cash deposit rate will be the company-specific rate published for the most recently-completed segment in which it was reviewed; (3) if the exporter is not a firm covered in this review or in the original LTFV investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 5.13 percent, the all-others rate established in the LTFV investigation.
                    <SU>21</SU>
                    <FTREF/>
                     These cash deposit requirements, when imposed, shall remain in effect until further notice.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See Order,</E>
                         86 FR at 30000.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Final Results of Review</HD>
                <P>Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).</P>
                <HD SOURCE="HD1">Notification to Importers</HD>
                <P>This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.</P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2) and 19 CFR 351.221(b)(4).</P>
                <SIG>
                    <DATED>Dated: June 28, 2024.</DATED>
                    <NAME>Ryan Majerus,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Appendix</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">List of Topics Discussed in the Preliminary Decision Memorandum</HD>
                    <FP SOURCE="FP-1">I. Summary</FP>
                    <FP SOURCE="FP-1">II. Background</FP>
                    <FP SOURCE="FP-1">
                        III. Scope of the 
                        <E T="03">Order</E>
                    </FP>
                    <FP SOURCE="FP-1">IV. Preliminary Partial Rescission of Administrative Review</FP>
                    <FP SOURCE="FP-1">V. Discussion of the Methodology</FP>
                    <FP SOURCE="FP-1">VI. Currency Conversion</FP>
                    <FP SOURCE="FP-1">VII. Recommendation</FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15104 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[C-533-931]</DEPDOC>
                <SUBJECT>Certain High Chrome Cast Iron Grinding Media From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 10, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Gorden Struck or David Crespo, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-8151 or (202) 482-3693, respectively.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On May 16, 2024, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of certain high chrome cast iron grinding media (grinding media) from India.
                    <SU>1</SU>
                    <FTREF/>
                     Currently, the preliminary determination is due no later than July 22, 2024.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Certain High Chrome Cast Iron Grinding Media from India: Initiation of Countervailing Duty Investigation,</E>
                         89 FR 45640 (May 23, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Postponement of Preliminary Determination</HD>
                <P>Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination in a CVD investigation until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for an extension of the period within which the determination must be made; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make the preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request.</P>
                <P>
                    On June 26, 2024, the petitioner 
                    <SU>2</SU>
                    <FTREF/>
                     submitted a timely request to postpone the preliminary determination in the investigation.
                    <SU>3</SU>
                    <FTREF/>
                     The petitioner stated that postponement of the preliminary determination is necessary because the current schedule does not provide Commerce with adequate time to fully analyze the forthcoming questionnaire responses of the mandatory respondents and issue supplemental questionnaires, as necessary.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The petitioner is Magotteaux Inc.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Petitioner's Letter, “Request for Postponement of the Preliminary Determination,” dated June 26, 2024.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In accordance with 19 CFR 351.205(e), the petitioner submitted its request for postponement of the preliminary determination in this investigation 25 days or more before the scheduled date of the preliminary determination and stated the reasons for its request. Commerce finds no compelling reason to deny its request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination in this investigation to no later than 130 days after the date on which it initiated this investigation, 
                    <E T="03">i.e.,</E>
                     September 23, 2024. Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination in this investigation will continue to be 75 days after the date of the preliminary determination.
                </P>
                <P>This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1).</P>
                <SIG>
                    <DATED>Dated: July 3, 2024.</DATED>
                    <NAME>Ryan Majerus,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15103 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="56732"/>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <SUBJECT>Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce's regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of May 2024.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 10, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Terri Monroe, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-1384.</P>
                    <HD SOURCE="HD1">Notice of Scope Ruling Applications</HD>
                    <P>
                        In accordance with 19 CFR 351.225(d)(3), we are notifying the public of the following scope ruling applications related to AD and CVD orders and findings filed in or around the month of May 2024. This notification includes, for each scope application: (1) identification of the AD and/or CVD orders at issue (19 CFR 351.225(c)(1)); (2) concise public descriptions of the products at issue, including the physical characteristics (including chemical, dimensional and technical characteristics) of the products (19 CFR 351.225(c)(2)(ii)); (3) the countries where the products are produced and the countries from where the products are exported (19 CFR 351.225(c)(2)(i)(B)); (4) the full names of the applicants; and (5) the dates that the scope applications were filed with Commerce and the name of the ACCESS scope segment where the scope applications can be found.
                        <SU>1</SU>
                        <FTREF/>
                         This notice does not include applications which have been rejected and not properly resubmitted. The scope ruling applications listed below are available on Commerce's online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), at 
                        <E T="03">https://access.trade.gov.</E>
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             
                            <E T="03">See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws,</E>
                             86 FR 52300, 52316 (September 20, 2021) (
                            <E T="03">Final Rule</E>
                            ) (“It is our expectation that the 
                            <E T="04">Federal Register</E>
                             list will include, where appropriate, for each scope application the following data: (1) identification of the AD and/or CVD orders at issue; (2) a concise public summary of the product's description, including the physical characteristics (including chemical, dimensional and technical characteristics) of the product; (3) the country(ies) where the product is produced and the country from where the product is exported; (4) the full name of the applicant; and (5) the date that the scope application was filed with Commerce.”)
                        </P>
                    </FTNT>
                    <HD SOURCE="HD1">Scope Ruling Applications</HD>
                    <EXTRACT>
                        <P>
                            Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China (China) (A-570-979/C-570-980); certain solar cells and modules manufactured in Türkiye using certain third-country inputs; 
                            <SU>2</SU>
                            <FTREF/>
                             produced in and exported from Türkiye; submitted by HT Solar Enerji AS (HT Solar); May 14, 2024; ACCESS scope segment “HT Solar—Solar Cells—China.”
                        </P>
                        <FTNT>
                            <P>
                                <SU>2</SU>
                                 The products are solar modules produced in Türkiye from solar cells manufactured in Turkey where the P/N junction was created in Turkish facilities from Chinese inputs.
                            </P>
                        </FTNT>
                        <P>
                            Certain Steel Racks and Parts Thereof from China (A-570-088/C-570-089); certain merchandise displays; 
                            <SU>3</SU>
                            <FTREF/>
                             produced in and exported from China; submitted by Aladdin Manufacturing Corp. and Mohawk Home; May 24, 2024; ACCESS scope segment “Certain Merchandise Displays.”
                        </P>
                        <FTNT>
                            <P>
                                <SU>3</SU>
                                 The products are certain customized merchandising displays and components thereof used in show rooms and flooring retailers to display merchandise like samples of carpets, luxury vinyl tiles and engineered or laminate wood flooring. The display is a floor standing unit made of cold rolled steel. Each unit consists primarily of: (1) two 60-inch long upright weldments that form two long vertical posts; (2) one span weldment and two brace span weldments that form the horizontal braces between the vertical posts; and (3) a base sub-assembly that forms the base of the display unit.
                            </P>
                        </FTNT>
                        <P>
                            Certain Steel Racks and Parts Thereof from China (A-570-088/C-570-089); certain steel pods, with or without vertical posts; 
                            <SU>4</SU>
                            <FTREF/>
                             produced in and exported from China; submitted by LEDVANCE LLC (LEDVANCE); May 28, 2024; ACCESS scope segment “AGV Steel Pods.”
                        </P>
                        <FTNT>
                            <P>
                                <SU>4</SU>
                                 The products are steel pods with or without vertical posts. The products are made of carbon steel and covered with an epoxy powder coating. LEDVANCE can use the pods alone in its warehouse as a means of storing palleted product. Alternatively, LEDVANCE can use the pods, when imported with 1 
                                <FR>1/8</FR>
                                 inch wide vertical posts, as part of a light shelving system. When the vertical posts are added, other layers of horizontal shelving then go on top of and attach to the vertical posts. Configured as shelving, the products placed on or removed from the horizontal shelves are relatively lighter and are placed or removed by hand, not by forklift.
                            </P>
                        </FTNT>
                    </EXTRACT>
                    <HD SOURCE="HD1">Notification to Interested Parties</HD>
                    <P>
                        This list of scope ruling applications is not an identification of scope inquiries that have been initiated. In accordance with 19 CFR 351.225(d)(1), if Commerce has not rejected a scope ruling application nor initiated the scope inquiry within 30 days after the filing of the application, the application will be deemed accepted and a scope inquiry will be deemed initiated the following day, 
                        <E T="03">i.e.,</E>
                         day 31.
                        <SU>5</SU>
                        <FTREF/>
                         Commerce's practice generally dictates that where a deadline falls on a weekend, Federal holiday, or other non-business day, the appropriate deadline is the next business day.
                        <SU>6</SU>
                        <FTREF/>
                         Accordingly, if the 30th day after the filing of the application falls on a non-business day, the next business day will be considered the “updated” 30th day, and if the application is not rejected or a scope inquiry initiated by or on that particular business day, the application will be deemed accepted and a scope inquiry will be deemed initiated on the next business day which follows the “updated” 30th day.
                        <SU>7</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>5</SU>
                             In accordance with 19 CFR 351.225(d)(2), within 30 days after the filing of a scope ruling application, if Commerce determines that it intends to address the scope issue raised in the application in another segment of the proceeding (such as a circumvention inquiry under 19 CFR 351.226 or a covered merchandise inquiry under 19 CFR 351.227), it will notify the applicant that it will not initiate a scope inquiry, but will instead determine if the product is covered by the scope at issue in that alternative segment.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             
                            <E T="03">See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended,</E>
                             70 FR 24533 (May 10, 2005).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             This structure maintains the intent of the applicable regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be separate business days.
                        </P>
                    </FTNT>
                    <P>In accordance with 19 CFR 351.225(m)(2), if there are companion AD and CVD orders covering the same merchandise from the same country of origin, the scope inquiry will be conducted on the record of the AD proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1), Commerce may either apply a scope ruling to all products from the same country with the same relevant physical characteristics, (including chemical, dimensional, and technical characteristics) as the product at issue, on a country-wide basis, regardless of the producer, exporter, or importer of those products, or on a company-specific basis.</P>
                    <P>
                        For further information on procedures for filing information with Commerce through ACCESS and participating in scope inquiries, please refer to the Filing Instructions section of the Scope Ruling Application Guide, at 
                        <E T="03">https://access.trade.gov/help/Scope_Ruling_Guidance.pdf.</E>
                         Interested parties, apart from the scope ruling applicant, who wish to participate in a scope inquiry and be added to the public service list for that segment of the proceeding must 
                        <PRTPAGE P="56733"/>
                        file an entry of appearance in accordance with 19 CFR 351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for further information on the scope inquiry procedures, including the timelines for the submission of comments.
                    </P>
                    <P>Please note that this notice of scope ruling applications filed in AD and CVD proceedings may be published before any potential initiation, or after the initiation, of a given scope inquiry based on a scope ruling application identified in this notice. Therefore, please refer to the case segment on ACCESS to determine whether a scope ruling application has been accepted or rejected and whether a scope inquiry has been initiated.</P>
                    <P>
                        Interested parties who wish to be served scope ruling applications for a particular AD or CVD order may file a request to be included on the annual inquiry service list during the anniversary month of the publication of the AD or CVD order in accordance with 19 CFR 351.225(n) and Commerce's procedures.
                        <SU>8</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>8</SU>
                             
                            <E T="03">See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions,</E>
                             86 FR 53205 (September 27, 2021).
                        </P>
                    </FTNT>
                    <P>
                        Interested parties are invited to comment on the completeness of this monthly list of scope ruling applications received by Commerce. Any comments should be submitted to Scot Fullerton, Acting Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, via email to 
                        <E T="03">CommerceCLU@trade.gov.</E>
                    </P>
                    <P>This notice of scope ruling applications filed in AD and CVD proceedings is published in accordance with 19 CFR 351.225(d)(3).</P>
                    <SIG>
                        <DATED>Dated: July 3, 2024.</DATED>
                        <NAME>Scot Fullerton,</NAME>
                        <TITLE>Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15101 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-533-840]</DEPDOC>
                <SUBJECT>Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2022-2023</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) determines that certain frozen warmwater shrimp (shrimp) from India is being, or is likely to be, sold in the United States at less than normal value (NV) during the period of review (POR) February 1, 2022, through January 31, 2023.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 10, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Ashley Cossaart, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0462.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On March 5, 2024, Commerce published the 
                    <E T="03">Preliminary Results</E>
                     and invited comments from interested parties.
                    <SU>1</SU>
                    <FTREF/>
                     We received no substantive comments by interested parties regarding our 
                    <E T="03">Preliminary Results</E>
                    .
                    <SU>2</SU>
                    <FTREF/>
                     Accordingly, as the final results remain unchanged from the 
                    <E T="03">Preliminary Results,</E>
                     there is no decision memorandum accompanying this notice.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission;</E>
                         2022-2023, 89 FR 15821 (March 5, 2024) (
                        <E T="03">Preliminary Results</E>
                        ), and accompanying Preliminary Decision Memorandum (PDM).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         We note that, on April 4, 2024, RSA Marines/Royal Oceans (RSA Marines) submitted a case brief asking Commerce to amend its draft liquidation instructions to include the name of “RSA Marines” as “Importer.” 
                        <E T="03">See</E>
                         RSA Marines' Letter, “Case Brief of RSA Marines,” dated April 4, 2024. We intend to revise the draft liquidation instructions to reflect this change. RSA Marines raised no other comments in its case brief, and we received no other comments from interested parties on the 
                        <E T="03">Preliminary Results.</E>
                    </P>
                </FTNT>
                <P>Commerce conducted this administrative review in accordance with section 751 of the Tarriff Act of 1930, as amended (the Act).</P>
                <HD SOURCE="HD1">
                    Scope of the Order 
                    <E T="51">3</E>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India,</E>
                         70 FR 5147 (February 1, 2005) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <P>
                    The subject merchandise covered by this 
                    <E T="03">Order</E>
                     is certain frozen warmwater shrimp.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         For a complete description of the scope of the 
                        <E T="03">Order, see Preliminary Results</E>
                         PDM at 3.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Review-Specific Rate for Non-Examined Companies</HD>
                <P>
                    The Act and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually examined, excluding any margins that are zero, 
                    <E T="03">de minimis</E>
                     (
                    <E T="03">i.e.,</E>
                     less than 0.5 percent), or determined entirely on the basis of facts available.”
                </P>
                <P>
                    For these final results, because the rate calculated for RSA Marines is zero percent, we have assigned the rate calculated for NK Marine Exports LLP (NK Marine) (
                    <E T="03">i.e.,</E>
                     2.49 percent) to the non-selected companies.
                </P>
                <HD SOURCE="HD1">Final Results of Review</HD>
                <P>For these final results, we determine that the following estimated weighted-average dumping margins exist for the respondents for the period February 1, 2022, through January 31, 2023:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s50,9">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exporter/producer</CHED>
                        <CHED H="1">
                            Weighted-
                            <LI>average</LI>
                            <LI>dumping</LI>
                            <LI>margin</LI>
                            <LI>(percent)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">NK Marine Exports LLP</ENT>
                        <ENT>2.49</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">RSA Marines; Royal Oceans</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Review-Specific Rate for Non-Examined Companies 
                            <SU>5</SU>
                        </ENT>
                        <ENT>2.49</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">
                    Disclosure
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The exporters or producers not selected for individual examination are listed in the appendix.
                    </P>
                </FTNT>
                <P>
                    Normally, Commerce will disclose to the parties in a proceeding the calculations performed in connection with the final results of review within five days of any public announcement 
                    <PRTPAGE P="56734"/>
                    or, if there is no public announcement, within five days of the date of publication of the notice of final results in the 
                    <E T="04">Federal Register</E>
                    , in accordance with 19 CFR 351.224(b). However, because we made no changes from the 
                    <E T="03">Preliminary Results,</E>
                     there are no new calculations to disclose.
                </P>
                <HD SOURCE="HD1">Assessment Rates</HD>
                <P>
                    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the 
                    <E T="04">Federal Register</E>
                    . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <P>
                    Pursuant to 19 CFR 351.212(b)(1), because both respondents reported the entered value for all of their U.S. sales, we calculated importer-specific 
                    <E T="03">ad valorem</E>
                     duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where either the respondent's weighted-average dumping margin is zero or 
                    <E T="03">de minimis</E>
                     within the meaning of 19 CFR 351.106(c), or an importer-specific rate is zero or 
                    <E T="03">de minimis,</E>
                     we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
                </P>
                <P>
                    Commerce's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by NK Marine or RSA Marines for which these companies did not know that the merchandise they sold to the intermediary (
                    <E T="03">e.g.,</E>
                     a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         For a full discussion of this practice, 
                        <E T="03">see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E>
                         68 FR 23954 (May 6, 2003).
                    </P>
                </FTNT>
                <P>For the companies listed in the appendix which were not selected for individual examination, we will assign an assessment rate based on the rate calculated for NK Marine, as noted above.</P>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    The following cash deposit requirements will be effective upon publication in the 
                    <E T="04">Federal Register</E>
                     of these final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be the rates shown above, except if the rate is less than 0.50 percent and, therefore, 
                    <E T="03">de minimis</E>
                     within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not covered by this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 10.17 percent, the all-others rate established in the LTFV investigation.
                    <SU>7</SU>
                    <FTREF/>
                     These cash deposit requirements, when imposed, shall remain in effect until further notice.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See Order,</E>
                         70 FR 5147.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Notification to Importers</HD>
                <P>This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.</P>
                <HD SOURCE="HD1">Administrative Protective Order</HD>
                <P>This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.</P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>This notice is issued and published in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).</P>
                <SIG>
                    <DATED>Dated: July 3, 2024.</DATED>
                    <NAME>Ryan Majerus,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <APPENDIX>
                    <HD SOURCE="HED">Appendix</HD>
                    <HD SOURCE="HD1">Review-Specific Rate Applicable to Companies Not Selected for Individual Examination</HD>
                    <FP SOURCE="FP-2">1. Accelerated Freeze Drying Co.</FP>
                    <FP SOURCE="FP-2">2. ADF Foods Ltd.</FP>
                    <FP SOURCE="FP-2">3. Albys Agro Private Limited</FP>
                    <FP SOURCE="FP-2">4. Blue Park Seafoods Pvt. Ltd.</FP>
                    <FP SOURCE="FP-2">5. C.P. Aquaculture (India) Pvt. Ltd.</FP>
                    <FP SOURCE="FP-2">6. Corlim Marine Exports Pvt. Ltd.</FP>
                    <FP SOURCE="FP-2">7. Dwaraka Sea Foods</FP>
                    <FP SOURCE="FP-2">8. Hari Marine Private Limited</FP>
                    <FP SOURCE="FP-2">9. High Care Marine Foods Exports Private Limited</FP>
                    <FP SOURCE="FP-2">10. Highland Agro</FP>
                    <FP SOURCE="FP-2">11. Hyson Exports Private Limited</FP>
                    <FP SOURCE="FP-2">12. Jude Foods India Private Limited</FP>
                    <FP SOURCE="FP-2">13. Kay Kay Exports; Kay Kay Foods</FP>
                    <FP SOURCE="FP-2">14. Mangala Sea Products</FP>
                    <FP SOURCE="FP-2">15. Megaa Moda Pvt. Ltd.</FP>
                    <FP SOURCE="FP-2">16. Milsha Agro Exports Pvt. Ltd.</FP>
                    <FP SOURCE="FP-2">17. Mindhola Foods LLP</FP>
                    <FP SOURCE="FP-2">18. MMC Exports Limited</FP>
                    <FP SOURCE="FP-2">19. Naq Foods India Private Limited</FP>
                    <FP SOURCE="FP-2">20. Orchid Marine Exports Private Limited</FP>
                    <FP SOURCE="FP-2">21. Rajyalakshmi Marine Exports</FP>
                    <FP SOURCE="FP-2">22. Sahada Exports</FP>
                    <FP SOURCE="FP-2">23. Sai Aquatechs Private Limited</FP>
                    <FP SOURCE="FP-2">24. Shimpo Exports Private Limited</FP>
                    <FP SOURCE="FP-2">25. Sigma Seafoods</FP>
                    <FP SOURCE="FP-2">26. Sonia Marine Exports Private Limited</FP>
                    <FP SOURCE="FP-2">27. Sterling Foods</FP>
                    <FP SOURCE="FP-2">28. Supran Exim Private Limited</FP>
                    <FP SOURCE="FP-2">29. Uniloids Biosciences Private Limited</FP>
                    <FP SOURCE="FP-2">30. Vinner Marine</FP>
                    <FP SOURCE="FP-2">31. West Coast Fine Foods (India) Private Limited</FP>
                    <FP SOURCE="FP-2">32. West Coast Frozen Foods Private Limited</FP>
                    <FP SOURCE="FP-2">33. Zeal Aqua Limited</FP>
                </APPENDIX>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15180 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="56735"/>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <RIN>[A-557-821]</RIN>
                <SUBJECT>Utility Scale Wind Towers From Malaysia: Final Results of Antidumping Duty Administrative Review; 2021-2022</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) determines that utility scale wind towers (wind towers) from Malaysia were sold in the United States at less than normal value during the period of review (POR), October 13, 2021, through November 30, 2022.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 10, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Staren Pierce, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4533.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On January 4, 2024, Commerce published the 
                    <E T="03">Preliminary Results</E>
                     of this administrative review and invited interested parties to comment on the 
                    <E T="03">Preliminary Results.</E>
                    <SU>1</SU>
                    <FTREF/>
                     This administrative review covers one company,
                    <SU>2</SU>
                    <FTREF/>
                     CS Wind Malaysia Sdn Bhd and its parent company, CS Wind Corporation (collectively, CS Wind).
                    <SU>3</SU>
                    <FTREF/>
                     On May 6, 2024, Commerce held a public hearing limited to the issues raised in the case and rebuttal briefs.
                    <SU>4</SU>
                    <FTREF/>
                     On May 31, 2024, Commerce fully extended the deadline for issuing the final results until July 2, 2024.
                    <SU>5</SU>
                    <FTREF/>
                     For a complete description of the events that occurred since the 
                    <E T="03">Preliminary Results, see</E>
                     the Issues and Decision Memorandum.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Utility Scale Wind Towers from Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022,</E>
                         89 FR 461 (January 4, 2024) (
                        <E T="03">Preliminary Results</E>
                        ), and accompanying Preliminary Decision Memorandum.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E>
                         88 FR 7060 (February 2, 2023).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         In the less-than-fair-value (LTFV) investigation of utility scale wind towers from Malaysia, Commerce determined that CS Wind Malaysia Sdn Bhd and CS Wind Corporation are a single entity. 
                        <E T="03">See Utility Scale Wind Towers from Malaysia: Preliminary Determination of Sales at Not Less Than Fair Value and Postponement of Final Determination,</E>
                         86 FR 27828 (May 24, 2021), unchanged in 
                        <E T="03">Utility Scale Wind Towers from Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value,</E>
                         86 FR 56894 (October 13, 2021).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Transcript, “Public Hearing,” dated May 13, 2024; 
                        <E T="03">see also</E>
                         Memorandum, “Hearing Schedule,” dated April 25, 2024.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Final Results of Antidumping Duty Administrative Review,” dated May 31, 2024.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order: Utility Scale Wind Towers from Malaysia; 2021-2022,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
                    </P>
                </FTNT>
                <P>Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).</P>
                <HD SOURCE="HD1">
                    Scope of the Order 
                    <E T="51">7</E>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See Utility Scale Wind Towers from India and Malaysia: Antidumping Duty Orders,</E>
                         86 FR 69014 (December 6, 2021) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <P>
                    The products covered by this 
                    <E T="03">Order</E>
                     are wind towers from Malaysia. Merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower section(s). Wind towers may be classified under HTSUS 8502.31.0000 when imported as combination goods with a wind turbine (
                    <E T="03">i.e.,</E>
                     accompanying nacelles and/or rotor blades). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. For a full description of the scope, 
                    <E T="03">see</E>
                     the Issues and Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Analysis of Comments Received</HD>
                <P>
                    All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at 
                    <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E>
                </P>
                <HD SOURCE="HD1">Changes Since the Preliminary Results</HD>
                <P>
                    Based on a review of the record and comments received from interested parties, we made certain changes to the margin calculation for these final results. For a detailed discussion of these changes, 
                    <E T="03">see</E>
                     the Issues and Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Final Results of Review</HD>
                <P>Commerce determines that the following weighted-average dumping margin exists for the period October 13, 2021, through November 30, 2022:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s25,9C">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exporter or producer</CHED>
                        <CHED H="1">
                            Weighted-
                            <LI>average</LI>
                            <LI>dumping</LI>
                            <LI>margin</LI>
                            <LI>(percent)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">CS Wind Corporation/CS Wind Malaysia Sdn Bhd</ENT>
                        <ENT>18.02</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Disclosure</HD>
                <P>
                    Commerce intends to disclose under administrative protective order (APO) to interested parties the calculations performed in connection with the final results within five days of the date of publication of the notice of final results in the 
                    <E T="04">Federal Register</E>
                    , in accordance with 19 CFR 351.224(b).
                </P>
                <HD SOURCE="HD1">Assessment Rates</HD>
                <P>
                    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b)(1), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Because CS Wind's weighted-average dumping margin is not zero or 
                    <E T="03">de minimis</E>
                     (
                    <E T="03">i.e.,</E>
                     less than 0.5 percent), Commerce has calculated importer-specific antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales. Where the importer's weighted-average assessment rate is either zero or 
                    <E T="03">de minimis</E>
                     (
                    <E T="03">i.e.,</E>
                     less than 0.5 percent), we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by CS Wind for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         For a full discussion of this practice, 
                        <E T="03">see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E>
                         68 FR 23954 (May 6, 2003).
                    </P>
                </FTNT>
                <P>
                    We intend to instruct CBP to take into account the “provisional measures deposit cap,” in accordance with 19 CFR 351.212(d). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the 
                    <E T="04">Federal Register</E>
                    . If a timely summons is filed at the U.S. Court of International Trade, the 
                    <PRTPAGE P="56736"/>
                    assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for CS Wind will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by a company not covered in this administrative review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 0.00 percent, the all-others rate established in the LTFV investigation, adjusted for the export-subsidy rate in the companion countervailing duty investigation.
                    <SU>9</SU>
                    <FTREF/>
                     These cash deposit requirements, when imposed, shall remain in effect until further notice.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See Order</E>
                         at 69015.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Notification to Importers</HD>
                <P>This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.</P>
                <HD SOURCE="HD1">Administrative Protective Order</HD>
                <P>This notice also serves as a final reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.</P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).</P>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Ryan Majerus,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <APPENDIX>
                    <HD SOURCE="HED">Appendix—List of Topics Discussed in the Issues and Decision Memorandum</HD>
                    <FP SOURCE="FP-2">I. Summary</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">
                        III. Scope of the 
                        <E T="03">Order</E>
                    </FP>
                    <FP SOURCE="FP-2">
                        IV. Changes Since the 
                        <E T="03">Preliminary Results</E>
                    </FP>
                    <FP SOURCE="FP-2">V. Discussion of the Issues</FP>
                    <FP SOURCE="FP1-2">Comment 1: CS Wind's Shutdown Cost Adjustment</FP>
                    <FP SOURCE="FP1-2">Comment 2: Constructed Value (CV) Profit and Selling Expenses</FP>
                    <FP SOURCE="FP-2">VI. Recommendation</FP>
                </APPENDIX>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15102 Filed 7-9-24; 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>Establishing an Advisory Council Pursuant to the National Marine Sanctuaries Act and Solicitation for Applications for the Proposed Lake Erie National Marine Sanctuary Advisory Council</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of solicitation.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given that NOAA is establishing a national marine sanctuary advisory council (council) for the proposed Lake Erie National Marine Sanctuary. The council will provide advice and recommendations to ONMS regarding the sanctuary's designation. As a result, ONMS is adding the new council to the list of established national marine sanctuary advisory councils. ONMS solicits applications to fill council seats on an as needed basis and is seeking applicants for seats on the proposed Lake Erie National Marine Sanctuary Advisory Council. This notice contains web page links and contact information for the proposed Lake Erie National Marine Sanctuary and application materials to apply for the newly established advisory council.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applications for membership on the proposed Lake Erie Sanctuary Advisory Council need to be received by Wednesday, August 28, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        For further information contact: Ellen Brody, Great Lakes Regional Coordinator, NOAA Office of National Marine Sanctuaries, 4840 South State Rd., Ann Arbor, MI 48108, or call 734-741-2270, or email 
                        <E T="03">ellen.brody@noaa.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    Section 315 of the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1445a) authorizes the Secretary of Commerce to establish advisory councils to advise and make recommendations regarding the designation and management of national marine sanctuaries. NOAA is establishing a new sanctuary advisory council for the proposed national marine sanctuary in Lake Erie to serve as a liaison with the local community and provide guidance and advice to ONMS regarding the designation. The advisory council for the proposed sanctuary in Lake Erie was not established when ONMS published its annual announcement on May 24, 2024 that was advertising to fill vacant seats on the other 17 councils (89 FR
                    <E T="03"> 45854</E>
                    ). Therefore, ONMS is adding the new advisory council to the list of sites with open vacancies and announcing that it is soliciting applications to fill the council's seats. Applications are due Wednesday, August 28, 2024.
                </P>
                <P>In the following Supplementary Information section, NOAA provides details regarding ONMS, the role of advisory councils, and contact information for the Proposed Lake Erie National Marine Sanctuary.</P>
                <HD SOURCE="HD1">II. Office of National Marine Sanctuaries (ONMS)</HD>
                <P>
                    ONMS serves as the trustee for a network of underwater parks encompassing more than 620,000 square miles of marine and Great Lakes waters from Washington state to the Florida Keys, and from Lake Huron to American Samoa. The network includes a system of 16 national marine sanctuaries and 
                    <PRTPAGE P="56737"/>
                    the Papahānaumokuākea and Rose Atoll marine national monuments. National marine sanctuaries protect our nation's most vital coastal and marine natural and cultural resources, and through active research, management, and public engagement, sustain healthy environments that are the foundation for thriving communities and stable economies.
                </P>
                <P>
                    One of the many ways ONMS ensures public participation in the designation and management of national marine sanctuaries is through the formation of advisory councils. Advisory councils are community-based groups established to provide advice and recommendations to ONMS on issues including management, science, service, and stewardship, as well as to serve as liaisons between their constituents in the community and the site. Pursuant to Section 315(a) of the NMSA, advisory councils are exempt from the requirements of the Federal Advisory Committee Act. Additional information on ONMS and its advisory councils can be found at 
                    <E T="03">http://sanctuaries.noaa.gov.</E>
                </P>
                <HD SOURCE="HD1">III. Advisory Council Membership</HD>
                <P>Under section 315a(b) of the NMSA, advisory council members may be appointed from among: (1) Persons employed by federal or state agencies with expertise in natural resources management; (2) members of relevant regional fishery management councils; and (3) representatives of local user groups, conservation and other public interest organizations, scientific organizations, educational organizations, or others interested in the protection and multiple use management of sanctuary resources. 16 U.S.C. 1455a(b).</P>
                <P>
                    The charter for each advisory council defines the number and type of seats and positions on the council. The advisory council charter for the proposed national marine sanctuary in Lake Erie identifies the following initial, non-governmental voting seat types: citizen-at-large; commercial/charter fishing; divers, dive clubs, and archaeology; economic development; education (K-12); higher education; historically underserved populations; history/maritime heritage and public interpretation; maritime industry; outdoor recreation; recreational fishing; research, science and technology; and tourism and marketing. Initially, the council will also have non-voting seats for government agencies, youth, and federally-recognized Indigenous Nations and Tribes. Recognizing the cultural significance of this area to Indigenous Nations and Tribes, NOAA welcomes the participation of such interested Nations and Tribes on the council. This could involve multiple Nations and Tribes. Nations and Tribes interested in participating in the advisory council should contact the NOAA representative identified in the 
                    <E T="02">ADDRESSES</E>
                     section. Participation on the council does not take the place of government-to-government consultation nor does it serve as the only opportunity for engagement between NOAA and federally recognized Indigenous Nations and Tribes.
                </P>
                <P>For each of the existing advisory councils, applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; views regarding the protection and management of marine or Great Lakes resources; and possibly the length of residence in the area affected by the site. Council members and alternates for the proposed Lake Erie National Marine Sanctuary Advisory Council serve three-year terms or until a post-designation sanctuary advisory council is established, as reflected in the signed charter.</P>
                <P>
                    More information on advisory council membership and processes, and materials related to the purpose, policies, and operational requirements for advisory councils can be found in the charter for a particular advisory council (
                    <E T="03">http://sanctuaries.noaa.gov/management/ac/council_charters.html</E>
                    ) and the National Marine Sanctuary Advisory Council Implementation Handbook (
                    <E T="03">http://sanctuaries.noaa.gov/management/ac/acref.html</E>
                    ). For more information about the new advisory council for the proposed national marine sanctuary in Lake Erie, including seat descriptions and application materials, please visit 
                    <E T="03">https://sanctuaries.noaa.gov/lake-erie/.</E>
                </P>
                <HD SOURCE="HD2">Privacy Act Statement</HD>
                <P>
                    <E T="03">Authority.</E>
                     The collection of information concerning the solicitation for applications for sanctuary advisory councils is authorized under the National Marine Sanctuaries Act, 16 U.S.C. 1445a, and Executive Order 13178, and in accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a.
                </P>
                <P>
                    <E T="03">Purposes.</E>
                     The collection of names, contact information, professional information, qualifications, and answers to the application questions is required in order for the Office of National Marine Sanctuaries to evaluate and appoint members to the sanctuary advisory councils. The information collected will be reviewed by NOAA employees, and may also be reviewed by current sanctuary advisory council members as part of the evaluation process.
                </P>
                <P>
                    <E T="03">Routine Uses.</E>
                     NOAA will use the application information for the purposes set forth above. The Privacy Act authorizes disclosure of the collected information for the following purposes: to NOAA staff for work-related purposes; for other purposes as set forth in the Privacy Act; and for routine uses published in one or more of the following Privacy Act System of Records Notices, as applicable: COMMERCE/DEPT-11, Candidates for Membership, Members, and Former Members of Department of Commerce Advisory Committees, available at 
                    <E T="03">https://www.commerce.gov/opog/privacy/SORN/SORN-DEPT-11;</E>
                     COMMERCE/DEPT-18, Employees Personnel Files Not Covered by Notices of Other Agencies, available at 
                    <E T="03">https://www.commerce.gov/opog/privacy/SORN/SORN-DEPT-18;</E>
                     and OPM/GOVT-1, General Personnel Records, available at 
                    <E T="03">https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-govt-1-general-personnel-records.pdf,</E>
                     which cover certain records regarding Federal employees and may also cover records of individuals who are not Federal employees who, through their service on a sanctuary advisory council, may be considered as volunteers providing gratuitous services to the agency without compensation; and, for individuals who are also members of a Regional Fishery Management Council, COMMERCE/NOAA-13, Personnel, Payroll, Travel, and Attendance Records of the Regional Fishery Management Councils.
                </P>
                <P>
                    <E T="03">Effects of Not Providing Information.</E>
                     Providing the application information is voluntary; however, if the information is not provided, the individual will not be considered for appointment as a member of a sanctuary advisory council.
                </P>
                <P>
                    <E T="03">Consent.</E>
                     By submitting an application to the Office of National Marine Sanctuaries for appointment to a sanctuary advisory council, you are consenting to the use and disclosure of the information for the purposes and routine uses described above. However, if you prefer that your application be reviewed by NOAA employees only and not disclosed to current council members as part of the evaluation process, please contact the sanctuary advisory council coordinator to request internal review only, which will not result in any disadvantage or impact regarding your candidacy, or for any questions regarding this Privacy Act Statement.
                    <PRTPAGE P="56738"/>
                </P>
                <HD SOURCE="HD2">Paperwork Reduction Act</HD>
                <P>
                    ONMS has a valid Office of Management and Budget (OMB) control number (0648-0397) for the collection of public information related to the processing of ONMS national marine sanctuary advisory council applications across the National Marine Sanctuary System. Establishing a sanctuary advisory council for the proposed sanctuary in Lake Erie fits within the estimated reporting burden under that control number. See 
                    <E T="03">https://www.reginfo.gov/public/do/PRASearch</E>
                     (Enter Control Number 0648-0397). Therefore, ONMS will not request an update to the reporting burden certified for OMB control number 0648-0397.
                </P>
                <P>Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to: Office of National Marine Sanctuaries, 1305 East West Highway, N/NMS, Silver Spring, Maryland 20910.</P>
                <P>
                    Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 
                    <E T="03">et seq.,</E>
                     unless that collection of information displays a currently valid OMB control number. The OMB control number is #0648-0397.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     16 U.S.C. 1431 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <NAME>John Armor,</NAME>
                    <TITLE>Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-14569 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-NK-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XE098]</DEPDOC>
                <SUBJECT>Pacific Fishery Management Council; Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Pacific Fishery Management Council (Pacific Council) will convene an online meeting of its Ad Hoc Ecosystem Workgroup (EWG) and Ecosystem Advisory Subpanel (EAS), which is open to the public.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The online meeting will be held on Wednesday, July 31, 2024, from 1 p.m. to 4 p.m., Pacific Time, or until business for the day is completed.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements, will be provided in the meeting announcement on the Pacific Council's website (see 
                        <E T="03">www.pcouncil.org</E>
                        ). You may send an email to Mr. Kris Kleinschmidt (
                        <E T="03">kris.kleinschmidt@noaa.gov</E>
                        ) or contact him at (503) 820-2412 for technical assistance.
                    </P>
                    <P>
                        <E T="03">Council address:</E>
                         Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Gilly Lyons, Staff Officer, Pacific Council; telephone: (503) 820-2427.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The EWG and EAS will hold a joint meeting via webinar to discuss the Pacific Council's Inflation Reduction Act (IRA) projects and associated project planning. The EWG and EAS may also discuss other items relevant to ecosystem management in advance of the Pacific Council's September 18-24, 2024, meeting. A detailed meeting agenda will be available on the Pacific Council's website prior to the meeting.</P>
                <P>Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.</P>
                <HD SOURCE="HD1">Special Accommodations</HD>
                <P>
                    Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (
                    <E T="03">kris.kleinschmidt@noaa.gov;</E>
                     (503) 820-2412) at least 10 days prior to the meeting date.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     16 U.S.C. 1801 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 5, 2024.</DATED>
                    <NAME>Rey Israel Marquez,</NAME>
                    <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15179 Filed 7-9-24; 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-XE100]</DEPDOC>
                <SUBJECT>Gulf of Mexico Fishery Management Council; Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of a public meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Gulf of Mexico Fishery Management Council (Council) will hold a two-day in-person meeting of its Standing, Reef Fish, Socioeconomic, and Ecosystem Scientific and Statistical Committees (SSC).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting will be held Wednesday, July 31, 2024, from 8:30 a.m. to 5 p.m., EDT, and Thursday, Wednesday, August 1, 2024, from 8:30 a.m. to 5:30 p.m., EDT.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The meeting will take place at the Gulf Council's office. Registration information will be available on the Council's website by visiting 
                        <E T="03">www.gulfcouncil.org</E>
                         and clicking on the “meeting tab”.
                    </P>
                    <P>
                        <E T="03">Council address:</E>
                         Gulf of Mexico Fishery Management Council, 4107 W Spruce Street, Suite 200, Tampa, FL 33607; telephone: (813) 348-1630.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. Ryan Rindone, Lead Fishery Biologist, Gulf of Mexico Fishery Management Council; 
                        <E T="03">ryan.rindone@gulfcouncil.org,</E>
                         telephone: (813) 348-1630.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Wednesday, July 31, 2024; 8:30 a.m.-5 p.m., EDT</HD>
                <P>The meeting will begin with Introductions and Adoption of Agenda, Scope of Work, Election of SSC Chair and Vice Chair, review and approval of Minutes and Meeting Summary from the May 2024 SSC meeting.</P>
                <P>
                    Council Staff will hold an SSC Member General Orientation and SEDAR Process Orientation and Engagement with presentations and SSC discussion. The SSC will receive presentations on Management Strategy Evaluation and SEDAR Assessment Process Changes and Model Complexity. The SSC will then receive a presentation on Essential Fish Habitat Contract Review: Progress on EFH Data Collection, and Influence of Timing and Duration of Recreational Season Harvest Restrictions on Gag Effort, Harvest and Discards in the Gulf of Mexico; including background materials, supporting manuscripts and SSC 
                    <PRTPAGE P="56739"/>
                    discussion. The SSC will receive public comment at the end of the day.
                </P>
                <HD SOURCE="HD1">Wednesday, May 8, 2024; 8:30 a.m.-5:30 p.m., EDT</HD>
                <P>
                    The SSC will discuss Acceptable Biological Catch Control Rule Modifications and receive a RESTORE Project Update on Projections Model Review. Next, the SSC will review 
                    <E T="03">Regional and Sector-Specific Gulf of Mexico Age, Growth, and Age-length Key Estimation Derived from Otolith-based Ageing,</E>
                     including presentations, background materials and SSC discussions. Then, the SSC will review the 2025-2028 Research and Monitoring Priorities.
                </P>
                <P>Lastly, the SSC will receive public comment at the end of the day before discussing volunteers for the Ecosystem Technical Committee under Other Business.</P>
                <FP SOURCE="FP-2">—Meeting Adjourns</FP>
                <P>
                    The meeting will be broadcast via webinar. You may register for the webinar by visiting 
                    <E T="03">www.gulfcouncil.org</E>
                     and clicking on the SSC meeting on the calendar.
                </P>
                <P>
                    The agenda is subject to change, and the latest version along with other meeting materials will be posted on 
                    <E T="03">www.gulfcouncil.org</E>
                     as they become available.
                </P>
                <P>Although other non-emergency issues not on the agenda may come before the Scientific and Statistical Committees for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, those issues may not be the subject of formal action during this meeting. Actions of the Scientific and Statistical Committee will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take-action to address the emergency.</P>
                <HD SOURCE="HD1">Special Accommodations</HD>
                <P>These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to Kathy Pereira, (813) 348-1630, at least 5 days prior to the meeting date.</P>
                <P>
                    <E T="03">Authority:</E>
                     16 U.S.C. 1801 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 5, 2024.</DATED>
                    <NAME>Rey Israel Marquez,</NAME>
                    <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15178 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Patent and Trademark Office</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Trademark Petitions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States Patent and Trademark Office, Department of 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 United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651-0061 (Trademark Petitions). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To ensure consideration, comments regarding this information collection must be received on or before September 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Interested persons are invited to submit written comments by any of the following methods. Do not submit Confidential Business Information or otherwise sensitive or protected information.</P>
                    <P>
                        • 
                        <E T="03">Email: InformationCollection@uspto.gov.</E>
                         Include “0651-0061 comment” in the subject line of the message.
                    </P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Justin Isaac, Office of the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Request for additional information should be directed to Catherine Cain, Attorney Advisor, Office of the Commissioner for Trademarks, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-8946; or by email at 
                        <E T="03">Catherine.Cain@uspto.gov</E>
                         with “0651-0061 comment” in the subject line. Additional information about this information collection is also available at 
                        <E T="03">http://www.reginfo.gov</E>
                         under “Information Collection Review.”
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Abstract</HD>
                <P>
                    The United States Patent and Trademark Office (USPTO) administers the Trademark Act (Act), 15 U.S.C. 1051 
                    <E T="03">et seq.,</E>
                     which provides for the registration of trademarks, service marks, collective membership marks, and certification marks. Individuals and businesses that use or intend to use such marks in commerce may file an application to register their marks with the USPTO.
                </P>
                <P>This information collection covers various trademark-related communications to the USPTO, including letters of protest, requests to make special, responses to petition inquiry letters, petitions to make special, requests to restore a filing date, and requests for reinstatement. This information collection also incorporates petitions for ex parte expungement or reexamination (PTO-2312). Ex parte expungement and reexamination proceedings were established by the Trademark Modernization Act of 2020 (TMA), Public Law 116-260 (Dec. 27, 2020), to cancel, either in whole or in part, registered marks for which the required use in commerce was not made. The burden estimate for petitions for ex parte expungement or reexamination was previously contained in OMB Control No. 0651-0086, Changes to Implement Provisions of the Trademark Modernization Act, but is being transferred into this information collection for efficiency. Finally, this information collection consolidates into a single burden estimate the burden for responses to petition inquiry letters (PTO-2305), which was previously reflected in both OMB Control No. 0651-0086 and this information collection.</P>
                <P>The information covered in this collection is used by the public for a variety of private business purposes related to establishing and enforcing trademark rights. Information relating to the registration of a trademark is made available to the public by the USPTO. However, the release of information in a letter of protest is controlled and may be available only upon request.</P>
                <HD SOURCE="HD1">II. Method of Collection</HD>
                <P>Items in this information collection must be submitted electronically. In limited circumstances, applicants may also be permitted to submit the information in paper form, by mail, or by hand delivery.</P>
                <HD SOURCE="HD1">III. Data</HD>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0651-0061.
                </P>
                <P>
                    Forms:
                    <PRTPAGE P="56740"/>
                </P>
                <P>• PTO-2303 (Letter of Protest)</P>
                <P>• PTO-2304 (Request to Make Special)</P>
                <P>• PTO-2305 (Response to Petition to Director Inquiry Letter)</P>
                <P>• PTO-2306 (Petition to Make Special)</P>
                <P>• PTO-2307 (Request to Restore Filing Date)</P>
                <P>• PTO-2308 (Request for Reinstatement)</P>
                <P>• PTO-2312 (Petition for Expungement or Reexamination Form)</P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension and revision of a currently approved information collection.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Required to obtain or retain benefits.
                </P>
                <P>
                    <E T="03">Estimated Number of Annual Respondents:</E>
                     5,813 respondents.
                </P>
                <P>
                    <E T="03">Estimated Number of Annual Respondents:</E>
                     5,813 respondents.
                </P>
                <P>
                    <E T="03">Estimated Number of Annual Responses:</E>
                     5,813 responses.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     On occasion.
                </P>
                <P>
                    <E T="03">Estimated Time per Response:</E>
                     The USPTO estimates that the responses in this information collection will take the public approximately between 40 minutes (0.67 hours) and 4.5 hours to complete. This includes the time to gather the necessary information, create the document, and submit the completed request to the USPTO.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Respondent Burden Hours:</E>
                     7,893 hours.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Respondent Hourly Cost Burden:</E>
                     $3,528,171.
                </P>
                <GPOTABLE COLS="9" OPTS="L2(,0,),p7,7/8,i1" CDEF="xs40,r50,12,13,12,xs54,12,12,12">
                    <TTITLE>Table 1—Total Burden Hours and Hourly Costs to Private Sector Respondents</TTITLE>
                    <BOXHD>
                        <CHED H="1">Item No.</CHED>
                        <CHED H="1">Item</CHED>
                        <CHED H="1">
                            Estimated
                            <LI>annual</LI>
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Responses per
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Estimated
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Estimated time
                            <LI>for response</LI>
                            <LI>(hours)</LI>
                        </CHED>
                        <CHED H="1">
                            Estimated
                            <LI>burden</LI>
                            <LI>(hour/year)</LI>
                        </CHED>
                        <CHED H="1">
                            Rate 
                            <SU>1</SU>
                            <LI>($/hour)</LI>
                        </CHED>
                        <CHED H="1">
                            Estimated
                            <LI>annual</LI>
                            <LI>respondent</LI>
                            <LI>cost burden</LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25"> </ENT>
                        <ENT O="xl"/>
                        <ENT>(a)</ENT>
                        <ENT>(b)</ENT>
                        <ENT>(a) × (b) = (c)</ENT>
                        <ENT>(d)</ENT>
                        <ENT>(c) × (d) = (e)</ENT>
                        <ENT>(f)</ENT>
                        <ENT>(e) × (f) = (g)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1</ENT>
                        <ENT>Letter of Protest (PTO-2303)</ENT>
                        <ENT>3,243</ENT>
                        <ENT>1</ENT>
                        <ENT>3,243</ENT>
                        <ENT>1.5</ENT>
                        <ENT>4,865</ENT>
                        <ENT>$447</ENT>
                        <ENT>$2,174,655</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2</ENT>
                        <ENT>Request to Make Special (PTO-2304)</ENT>
                        <ENT>800</ENT>
                        <ENT>1</ENT>
                        <ENT>800</ENT>
                        <ENT>0.83 (50 minutes)</ENT>
                        <ENT>664</ENT>
                        <ENT>447</ENT>
                        <ENT>296,808</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">3</ENT>
                        <ENT>Response to Petition to Director Inquiry Letter (PTO-2305)</ENT>
                        <ENT>800</ENT>
                        <ENT>1</ENT>
                        <ENT>800</ENT>
                        <ENT>1</ENT>
                        <ENT>800</ENT>
                        <ENT>447</ENT>
                        <ENT>357,600</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">4</ENT>
                        <ENT>Petition to Make Special (PTO-2306)</ENT>
                        <ENT>300</ENT>
                        <ENT>1</ENT>
                        <ENT>300</ENT>
                        <ENT>0.83 (50 minutes)</ENT>
                        <ENT>249</ENT>
                        <ENT>447</ENT>
                        <ENT>111,303</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">5</ENT>
                        <ENT>Request to Restore Filing Date (PTO-2307)</ENT>
                        <ENT>40</ENT>
                        <ENT>1</ENT>
                        <ENT>40</ENT>
                        <ENT>0.83 (50 minutes)</ENT>
                        <ENT>33</ENT>
                        <ENT>447</ENT>
                        <ENT>14,751</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">6</ENT>
                        <ENT>Request for Reinstatement (PTO-2308)</ENT>
                        <ENT>400</ENT>
                        <ENT>1</ENT>
                        <ENT>400</ENT>
                        <ENT>1</ENT>
                        <ENT>400</ENT>
                        <ENT>447</ENT>
                        <ENT>178,800</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">7</ENT>
                        <ENT>Petition for Ex Parte Expungement (PTO-2312)</ENT>
                        <ENT>90</ENT>
                        <ENT>1</ENT>
                        <ENT>90</ENT>
                        <ENT>4.5</ENT>
                        <ENT>405</ENT>
                        <ENT>447</ENT>
                        <ENT>181,035</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">8</ENT>
                        <ENT>Petition for Ex Parte Reexamination (PTO-2312)</ENT>
                        <ENT>100</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                        <ENT>4.5</ENT>
                        <ENT>450</ENT>
                        <ENT>447</ENT>
                        <ENT>201,150</ENT>
                    </ROW>
                    <ROW RUL="n,n,s">
                        <ENT I="01">9</ENT>
                        <ENT>Response to Petition for Expungement or Reexamination Inquiry Letter (PTO-2312)</ENT>
                        <ENT>40</ENT>
                        <ENT>1</ENT>
                        <ENT>40</ENT>
                        <ENT>0.67 (40 minutes)</ENT>
                        <ENT>27</ENT>
                        <ENT>447</ENT>
                        <ENT>12,069</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">Totals</ENT>
                        <ENT>5,813</ENT>
                        <ENT/>
                        <ENT>5,813</ENT>
                        <ENT/>
                        <ENT>7,893</ENT>
                        <ENT/>
                        <ENT>3,528,171</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         2023 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); pg. F-41. The USPTO uses the average billing rate for intellectual property work in all firms which is $447 per hour (
                        <E T="03">https://www.aipla.org/home/news-publications/economic-survey</E>
                        ).
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Estimated Total Annual Respondent Non-hourly Cost Burden:</E>
                     $313,260. There are no capital start-up, maintenance costs, or recordkeeping costs associated with this information collection. However, the USPTO estimates that the total annual non-hour cost burden for this information collection, in the form of filings fees and postage, is $313,260.
                </P>
                <HD SOURCE="HD1">Filing Fees</HD>
                <P>There are fees associated with submitting the petitions and requests in this information collection for a total of $313,250 per year.</P>
                <GPOTABLE COLS="6" OPTS="L2(,0,),i1" CDEF="xs50,xs54,r50,12,12,12">
                    <TTITLE>Table 2—Filing Fees</TTITLE>
                    <BOXHD>
                        <CHED H="1">Item No.</CHED>
                        <CHED H="1">Fee code</CHED>
                        <CHED H="1">Item</CHED>
                        <CHED H="1">
                            Estimated
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Filing fee
                            <LI>($)</LI>
                        </CHED>
                        <CHED H="1">
                            Non-hourly
                            <LI>cost burden</LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT>(a)</ENT>
                        <ENT>(b)</ENT>
                        <ENT>(a) × (b) = (c)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1</ENT>
                        <ENT>7011</ENT>
                        <ENT>Letter of Protest</ENT>
                        <ENT>3,243</ENT>
                        <ENT>$50</ENT>
                        <ENT>$162,150</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">4</ENT>
                        <ENT>7005</ENT>
                        <ENT>Petition to Make Special (Electronic)</ENT>
                        <ENT>299</ENT>
                        <ENT>250</ENT>
                        <ENT>74,750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">4</ENT>
                        <ENT>6005</ENT>
                        <ENT>Petition to Make Special (Paper)</ENT>
                        <ENT>1</ENT>
                        <ENT>350</ENT>
                        <ENT>350</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">7</ENT>
                        <ENT>7014</ENT>
                        <ENT>Petition for Ex Parte Expungement</ENT>
                        <ENT>90</ENT>
                        <ENT>400</ENT>
                        <ENT>36,000</ENT>
                    </ROW>
                    <ROW RUL="n,n,n,s">
                        <ENT I="01">8</ENT>
                        <ENT>7014</ENT>
                        <ENT>Petition for Ex Parte Reexamination</ENT>
                        <ENT>100</ENT>
                        <ENT>400</ENT>
                        <ENT>40,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="oi3">Totals</ENT>
                        <ENT>3,733</ENT>
                        <ENT/>
                        <ENT>313,250</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="56741"/>
                <HD SOURCE="HD1">Postage Costs</HD>
                <P>In limited circumstances, applicants may be permitted to submit the information in paper form by mail, fax, or hand delivery. Applicants and registrants incur postage costs when submitting information to the USPTO by mail through the United States Postal Service. The USPTO estimates that 1 item will be submitted by mail. The USPTO estimates that the average postage cost for a mailed submission, using a Priority Mail legal flat rate envelope, will be $10.15. Therefore, the USPTO estimates the total mailing costs for this information collection will be $10.</P>
                <HD SOURCE="HD1">IV. Request for Comments</HD>
                <P>The USPTO is soliciting public comments to:</P>
                <P>(a) Evaluate 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;</P>
                <P>(b) Evaluate the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;</P>
                <P>(c) Enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    (d) 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>
                <P>All comments submitted in response to this notice are a matter of public record. The USPTO will include or summarize each comment in the request to OMB to approve this information collection. Before including an address, phone number, email address, or other personally identifiable information (PII) in a comment, be aware that the entire comment—including PII—may be made publicly available at any time. While you may ask in your comment to withhold PII from public view, the USPTO cannot guarantee that it will be able to do so.</P>
                <SIG>
                    <NAME>Justin Isaac,</NAME>
                    <TITLE>Information Collections Officer, Office of the Chief Administrative Officer, United States Patent and Trademark Office.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15123 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-16-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMISSION OF FINE ARTS</AGENCY>
                <SUBJECT>Notice of Meeting</SUBJECT>
                <P>Per 45 CFR chapter XXI § 2102.3, the next meeting of the U.S. Commission of Fine Arts is scheduled for July 18, 2024, at 9:00 a.m. and will be held via online videoconference. Items of discussion may include buildings, infrastructure, parks, memorials, and public art.</P>
                <P>
                    Draft agendas, the link to register for the online public meeting, and additional information regarding the Commission are available on our website: 
                    <E T="03">www.cfa.gov.</E>
                     Inquiries regarding the agenda, as well as any public testimony, should be addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at the above address; by emailing 
                    <E T="03">cfastaff@cfa.gov;</E>
                     or by calling 202-504-2200. Individuals requiring sign language interpretation for the hearing impaired should contact the Secretary at least 10 days before the meeting date.
                </P>
                <SIG>
                    <DATED>Dated July 3, 2024 in Washington, DC.</DATED>
                    <NAME>Zakiya N. Walters,</NAME>
                    <TITLE>Administrative Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15098 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6330-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">CONSUMER FINANCIAL PROTECTION BUREAU</AGENCY>
                <DEPDOC>[Docket No. CFPB-2024-0027]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Consumer Financial Protection Bureau.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (CFPB) requests the Office of Management and Budget's (OMB's) revision of the existing information collection titled “Regulation F: Fair Debt Collection Practices Act, State Application for Exemption” approved under OMB Control Number 3170-0056.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments are encouraged and must be received on or before August 9, 2024 to be assured of consideration.</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>In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or Social Security numbers, should not be included.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Requests for additional information should be directed to Anthony May, Paperwork Reduction Act Officer, at (202) 435-7278, or email: 
                        <E T="03">CFPB_PRA@cfpb.gov.</E>
                         If you require this document in an alternative electronic format, please contact 
                        <E T="03">CFPB_Accessibility@cfpb.gov.</E>
                         Please do not submit comments to these email boxes.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title of Collection:</E>
                     Regulation F: Fair Debt Collection Practices Act, State Application for Exemption.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     3170-0056.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Revision of a currently approved collection.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     State governments.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     8,730.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     858,345.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     Regulation F implements the Fair Debt Collection Practices Act (FDCPA) 
                    <SU>1</SU>
                    <FTREF/>
                     and prescribes Federal rules governing the activities of debt collectors (as that term is defined in the FDCPA). Regulation F addresses communications in connection with debt collection and prohibitions on harassment or abuse, false or misleading representations, and unfair practices in debt collection. Regulation F includes information collections related to information that debt collectors must provide to consumers at various points during the debt collection process (such as at the outset of collections), before reporting a debt to a consumer reporting agency, and in response to certain consumer requests or actions. Regulation F also includes information collections related to recordkeeping and State applications to the CFPB for an exemption of a class of debt collection practices within the applying State from the provisions of the FDCPA and the corresponding provisions of Regulation F.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 1692.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Request for Comments:</E>
                     The CFPB published a 60-day 
                    <E T="04">Federal Register</E>
                     notice on March 14, 2024 (89 FR 18606) under Docket Number: CFPB-2024-0011. The CFPB is publishing this notice and soliciting comments on: (a) Whether the collection of information is necessary for the proper performance of the functions of the CFPB, including 
                    <PRTPAGE P="56742"/>
                    whether the information will have practical utility; (b) The accuracy of the CFPB's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be reviewed by OMB as part of its review of this request. All comments will become a matter of public record.
                </P>
                <SIG>
                    <NAME>Anthony May,</NAME>
                    <TITLE>Paperwork Reduction Act Officer, Consumer Financial Protection Bureau.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15129 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-AM-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. AD24-3-000]</DEPDOC>
                <SUBJECT>Billing Procedures for Annual Charges for the Costs of Other Federal Agencies for Administering Part I of the Federal Power Act; Notice Reporting Costs for Other Federal Agencies' Administrative Annual Charges for Fiscal Year 2023</SUBJECT>
                <P>
                    1. The Federal Energy Regulatory Commission (Commission) is required to determine the reasonableness of costs incurred by other Federal agencies (OFAs) 
                    <SU>1</SU>
                    <FTREF/>
                     in connection with their participation in the Commission's proceedings under the Federal Power Act (FPA) Part I 
                    <SU>2</SU>
                    <FTREF/>
                     when those agencies seek to include such costs in the administrative charges licensees must pay to reimburse the United States for the cost of administering Part I.
                    <SU>3</SU>
                    <FTREF/>
                     The Commission's 
                    <E T="03">Order on Remand and Acting on Appeals of Annual Charge Bills</E>
                     
                    <SU>4</SU>
                    <FTREF/>
                     determined which costs are eligible to be included in the administrative annual charges. This order also established a process whereby the Commission would annually request each OFA to submit cost data, using a form 
                    <SU>5</SU>
                    <FTREF/>
                     specifically designed for this purpose. In addition, the order established requirements for detailed cost accounting reports and other documented analyses to explain the cost assumptions contained in the OFAs' submissions.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The OFAs include: the U.S. Department of the Interior (Bureau of Land Management, Bureau of Reclamation, National Park Service, U.S. Fish and Wildlife Service, Office of the Solicitor, Office of Environmental Policy &amp; Compliance); the U.S. Department of Agriculture (U.S. Forest Service); the U.S. Department of Commerce (National Marine Fisheries Service); and the U.S. Army Corps of Engineers.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         16 U.S.C. 791a-823d (2018).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See id.</E>
                         section 803(e)(1) and 42 U.S.C. 7178 (2018).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         107 FERC ¶ 61,277, 
                        <E T="03">order on reh'g,</E>
                         109 FERC ¶ 61,040 (2004).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Other Federal Agency Cost Submission Form, 
                        <E T="03">available at https://www.ferc.gov/docs-filing/forms.asp#ofa.</E>
                    </P>
                </FTNT>
                <P>2. The Commission has completed its review of the forms and supporting documentation submitted by the U.S. Department of the Interior (Interior), the U.S. Department of Agriculture (Agriculture), and the U.S. Department of Commerce (Commerce) for fiscal year (FY) 2023. This notice reports the costs the Commission included in its administrative annual charges for FY 2024.</P>
                <HD SOURCE="HD1">Scope of Eligible Costs</HD>
                <P>
                    3. The basis for eligible costs that should be included in the OFAs' administrative annual charges is prescribed by the Office of Management and Budget's (OMB) Circular A-25—
                    <E T="03">User Charges</E>
                     and the Federal Accounting Standards Advisory Board's Statement of Federal Financial Accounting Standards (SFFAS) Number 4—
                    <E T="03">Managerial Cost Accounting Concepts and Standards for the Federal Government.</E>
                     Circular A-25 establishes Federal policy regarding fees assessed for government services and provides specific information on the scope and type of activities subject to user charges. SFFAS Number 4 provides a conceptual framework for federal agencies to determine the full costs of government goods and services.
                </P>
                <P>
                    4. Circular A-25 provides for user charges to be assessed against recipients of special benefits derived from federal activities beyond those received by the general public.
                    <SU>6</SU>
                    <FTREF/>
                     With regard to licensees, the special benefit derived from federal activities is the license to operate a hydropower project. The guidance provides for the assessment of sufficient user charges to recover the 
                    <E T="03">full</E>
                     costs of services associated with these special benefits.
                    <SU>7</SU>
                    <FTREF/>
                     SFFAS Number 4 defines full costs as the costs of resources consumed by a specific governmental unit that contribute directly or indirectly to a provided service.
                    <SU>8</SU>
                    <FTREF/>
                     Thus, pursuant to OMB requirements and authoritative accounting guidance, the Commission must base its OFA administrative annual charge on all direct and indirect costs incurred by agencies in administering Part I of the FPA. The special form the Commission designed for this purpose, the “Other Federal Agency Cost Submission Form,” captures the full range of costs recoverable under the FPA and the referenced accounting guidance.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         OMB Circular A-25 section 6.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         OMB Circular A-25 section 6.a.2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         SFFAS Number 4 ¶ 7.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         For the past few years, the form has excluded “Other Direct Costs” to avoid the possibility of confusion that occurred in earlier years as to whether costs were being entered twice as “Other Direct Costs” and “Overhead.”
                    </P>
                </FTNT>
                <P>5. Our guidance directs the OFAs to ensure that the costs are for FPA Part I activities and that the documented costs are segregated between activities covering municipal projects from those for non-municipal projects. This year, we also asked the OFAs to provide additional narrative descriptions of the type of work performed in administering FPA Part I (including a list of the projects for which work was performed during the covered period) and a detailed description of what managerial/administrative or other activities are included in the non-specific category.</P>
                <HD SOURCE="HD1">Commission Review of OFA Cost Submittals</HD>
                <P>5. The Commission received cost forms and other supporting documentation from the Departments of the Interior, Agriculture, and Commerce. The Commission completed a review of each OFA's cost submission forms and supporting reports. In its examination of the OFAs' cost data, the Commission considered each agency's ability to demonstrate a system or process which effectively captured, isolated, and reported FPA Part I costs as required by the “Other Federal Agency Cost Submission Form.”</P>
                <P>6. The Commission held a Technical Conference on March 21, 2024 to report its initial findings to licensees and OFAs. Representatives for several licensees and most of the OFAs attended the conference. Following the technical conference, a transcript was posted, and licensees had the opportunity to submit comments to the Commission regarding its initial review.</P>
                <P>
                    7. Idaho Falls Group (Idaho Falls) filed written comments 
                    <SU>10</SU>
                    <FTREF/>
                     generally agreeing with the Commission's revisions of the guidance requiring narrative descriptions of work 
                    <PRTPAGE P="56743"/>
                    performed for each project during the fiscal year.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Letter from Michael A. Swiger, Van Ness Feldman, to the Honorable Debbie-Anne A. Reese, FERC, Docket No. AD24-3-000 (filed April 18, 2024).
                    </P>
                </FTNT>
                <P>8. After full consideration of the comments presented, and in accordance with the previously cited guidance, the Commission accepted as reasonable any costs reported via the cost submission forms that were clearly documented in the OFAs' accompanying reports and/or analyses. These documented costs will be included in the administrative annual charges for FY 2024.</P>
                <HD SOURCE="HD1">Summary of Reported &amp; Accepted Costs for Fiscal Year 2023</HD>
                <GPH SPAN="3" DEEP="116">
                    <GID>EN10JY24.019</GID>
                </GPH>
                <HD SOURCE="HD1">Figure 1</HD>
                <P>9. Figure 1 summarizes the total reported costs incurred by Interior, Agriculture, and Commerce with respect to their participation in administering Part I of the FPA. Additionally, Figure 1 summarizes the reported costs that the Commission determined were clearly documented and accepted for inclusion in its FY 2024 administrative annual charges.</P>
                <HD SOURCE="HD1">Summary Findings of Commission's Costs Review</HD>
                <P>10. As presented in Figure 1, the Commission has determined that $5,814,411 of the $6,702,547 in total reported costs were reasonable and clearly documented in the OFAs' accompanying reports and/or analyses. Based on this finding, 13% of the total reported cost was determined to be unreasonable. The Commission notes the most significant issue with the documentation provided by the OFAs was the lack of detailed description of type of work performed and a list of projects for work performed during the fiscal year.</P>
                <P>11. The cost reports that the Commission determined were clearly documented and supported could be traced to detailed cost-accounting reports, which reconciled to data provided from agency financial systems or other pertinent source documentation. A further breakdown of these costs is included in the Appendix to this notice, along with an explanation of how the Commission determined their reasonableness.</P>
                <HD SOURCE="HD1">Points of Contact</HD>
                <P>12. If you have any questions regarding this notice, please contact Raven Rodriguez at (202) 502-6276.</P>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15072 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Notice of Effectiveness of Exempt Wholesale Generator Status</SUBJECT>
                <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s25,xs60">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Docket Nos. </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">AES Westwing II ES, LLC</ENT>
                        <ENT>EG24-157-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">AES ES Alamitos 2, LLC</ENT>
                        <ENT>EG24-158-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Carvers Creek LLC</ENT>
                        <ENT>EG24-159-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Silver Peak Solar, LLC</ENT>
                        <ENT>EG24-160-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Split Rail Solar Energy LLC</ENT>
                        <ENT>EG24-161-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Three Rivers Solar Power, LLC</ENT>
                        <ENT>EG24-162-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sol Madison Solar, LLC</ENT>
                        <ENT>EG24-163-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">High River Energy Center, LLC</ENT>
                        <ENT>EG24-164-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Liberty County Solar Project, LLC</ENT>
                        <ENT>EG24-165-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">North Fork Solar Project, LLC</ENT>
                        <ENT>EG24-166-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Markum Solar Farm, LLC</ENT>
                        <ENT>EG24-167-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Kimmel Road Solar, LLC</ENT>
                        <ENT>EG24-168-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">BCD 2024 Fund 3 Lessee, LLC</ENT>
                        <ENT>EG24-169-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Peacock Energy Project, LLC</ENT>
                        <ENT>EG24-170-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Yum Yum Solar LLC</ENT>
                        <ENT>EG24-171-000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Morris Ridge Solar Energy Center, LLC</ENT>
                        <ENT>EG24-172-000.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>Take notice that during the month of June 2024, the status of the above-captioned entities as Exempt Wholesale Generators became effective by operation of the Commission's regulations. 18 CFR 366.7(a) (2023).</P>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15076 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Notice of Staff Attendance at North American Electric Reliability Corporation Project 2020-02 Modifications to PRC-024 Meetings</SUBJECT>
                <P>The Federal Energy Regulatory Commission hereby gives notice that members of the Commission and/or Commission staff may attend the following meetings:</P>
                <P>North American Electric Reliability Corporation: Project 2020-02 Modifications to PRC-024 Meetings, WebEx:</P>
                <FP SOURCE="FP-1">July 9, 2024 | 9:00 a.m.-4:00 p.m. Central</FP>
                <FP SOURCE="FP-1">July 10, 2024 | 9:00 a.m.-4:00 p.m. Central</FP>
                <FP SOURCE="FP-1">July 11, 2024 | 9:00 a.m.-4:00 p.m. Central</FP>
                <P>
                    Further information regarding this meeting and how to join remotely may be found at: 
                    <E T="03">https://nerc.webex.com/wbxmjs/joinservice/sites/nerc/meeting/download/0b064b4b29114f809893f73534862f44?siteurl=nerc&amp;MTID=m5d32aee7ffebb230292be49b95cedbca.</E>
                </P>
                <P>The discussions at the meetings, which are open to the public, may address matters at issue in the following Commission proceedings:</P>
                <FP SOURCE="FP-1">Docket No. RR24-2-000—North American Electric Reliability Corporation</FP>
                <PRTPAGE P="56744"/>
                <P>
                    For further information, please contact Leigh Anne Faugust at (202) 502-6396 or 
                    <E T="03">leigh.faugust@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15079 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. RM98-1-000]</DEPDOC>
                <SUBJECT>Records Governing Off-the-Record Communications; Public Notice</SUBJECT>
                <P>This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.</P>
                <P>Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.</P>
                <P>Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.</P>
                <P>Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v).</P>
                <P>
                    The following is a list of off-the-record communications recently received by the Secretary of the Commission. Each filing may be viewed on the Commission's website at 
                    <E T="03">http://www.ferc.gov</E>
                     using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC Online Support at 
                    <E T="03">FERCOnlineSupport@ferc.gov</E>
                     or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,12,r125">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Docket Nos.</CHED>
                        <CHED H="1">File date</CHED>
                        <CHED H="1">Presenter or requester</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">Prohibited:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">(NONE)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">Exempt:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">1. CP22-21-000</ENT>
                        <ENT>7-1-2024</ENT>
                        <ENT>U.S. Senator Jeffrey A. Merkley.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">2. ER18-152-000, EL18-152-003</ENT>
                        <ENT>7-1-2024</ENT>
                        <ENT>State of Louisiana Public Service Commissioner Davante Lewis.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">3. EL18-152-003</ENT>
                        <ENT>7-2-2024</ENT>
                        <ENT>State of Louisiana Public Service Commissioner Davante Lewis.</ENT>
                    </ROW>
                </GPOTABLE>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15078 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings #1</SUBJECT>
                <P>Take notice that the Commission received the following electric corporate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EC24-97-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Hickory Run Energy, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Application for Authorization Under Section 203 of the Federal Power Act of Hickory Run Energy, LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5440.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/22/24.
                </P>
                <P>Take notice that the Commission received the following exempt wholesale generator filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG24-217-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Chillingham Solar LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Chillingham Solar LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5372.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/22/24.
                </P>
                <P>Take notice that the Commission received the following electric rate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER10-1936-010.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Carville Energy LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Triennial Market Power Analysis for Central Region of Carville Energy LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5439.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 8/30/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER10-2405-016.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     High Prairie Wind Farm II, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Triennial Market Power Analysis for Central Region of High Prairie Wind Farm II, LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5444.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 8/30/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER10-2596-016.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Fowler Ridge II Wind Farm LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Triennial Market Power Analysis for Central Region of Fowler Ridge II Wind Farm LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5445.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 8/30/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER11-4633-007.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Madison Gas and Electric Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Triennial Market Power Analysis for Central Region of Madison Gas and Electric Company.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5446.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 8/30/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER12-1183-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     UGI Development Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Informational Filing Re: Upstream Control, Waivers, &amp; Expedition ER12-1183 to be effective N/A.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5111.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER12-1933-017; ER12-1934-015.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Wisconsin Power and Light Company, Interstate Power and Light Company.
                    <PRTPAGE P="56745"/>
                </P>
                <P>
                    <E T="03">Description:</E>
                     Triennial Market Power Analysis for Central Region of Interstate Power and Light Company, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5442.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 8/30/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER17-1329-002.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     J.P. Morgan Ventures Energy Corporation.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Triennial Market Power Analysis for Central Region of J.P. Morgan Ventures Energy Corporation.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5443.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 8/30/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER18-649-003.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Hunlock Energy, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Informational Filing Re: Upstream Control, Waivers, &amp; Expedition ER18-649-to be effective N/A.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5115.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER20-681-009.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Tri-State Generation and Transmission Association, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Triennial Market Power Analysis for Southwest Power Pool Inc. Region of Tri-State Generation and Transmission Association, Inc.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5447.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 8/30/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER20-1992-006.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Public Service Company of New Mexico.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Amendment to Update eTariff Priortiy Order to be effective 1/27/2020.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24. 
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5306.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/22/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-1754-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Compliance Filing—Uninstructed Resource Deviation Charge to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5060.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2446-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Ameren Illinois Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Filing of a Reimbursement Agreement to be effective 8/30/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5307.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/22/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2447-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Revisions to RAA for Large Load Adjustments in Forecasted Capacity Obligations to be effective 8/31/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5380.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/22/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2448-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Wisconsin Electric Power Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Formula Rate Update Filing for 2023 Rate Year to be effective 9/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5039.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2449-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Original NSA No. 7300, Queue No. AC1-164 to be effective 8/2/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5065.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2450-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Lyons Solar, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Notice of Cancellation of Rate Schedule and Request for Waivers to be effective 7/3/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5131.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2451-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Nevada Power Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Revised Certificate of Concurrence_First Revised NorthernGrid Funding Agmt to be effective 1/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5153.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2452-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Idaho Power Company
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Concurrence—RS 170—NorthernGrid Funding Agreement to be effective 1/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5160.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2453-000
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Glover Creek Solar, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Notice of Cancellation of Rate Schedule Tariff to be effective 7/3/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5164.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2454-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: 1875R7 Kansas Electric Power Cooperative, Inc. NITSA and NOA to be effective 9/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5167.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2455-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: 1636R30 Kansas Electric Power Cooperative, Inc. NITSA and NOA to be effective 9/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5179.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/24.
                </P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15073 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. Ic24-15-000]</DEPDOC>
                <SUBJECT>Commission Information Collection Activities (FERC-587) Comment Request; Extension</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Energy Regulatory Commission</P>
                </AGY>
                <ACT>
                    <PRTPAGE P="56746"/>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        In compliance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC-587, Land 
                        <E T="03">Description:</E>
                         Public Land States/Non-Public Land States, OMB Control Number 1902-0145, which will be submitted to the Office of Management and Budget (OMB) for review.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the collection of information are due August 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Send written comments on FERC-587 to OMB through 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         Attention: Federal Energy Regulatory Commission Desk Officer. Please identify the OMB Control Number (1902-0145) in the subject line of your comments. Comments should be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                    </P>
                    <P>Please submit copies of your comments to the Commission. You may submit copies of your comments (identified by Docket No. IC24-15-000) by one of the following methods:</P>
                    <P>
                        Electronic filing through 
                        <E T="03">https://www.ferc.gov,</E>
                         is preferred.
                    </P>
                    <P>
                        • 
                        <E T="03">Electronic Filing:</E>
                         Documents must be filed in acceptable native applications and print-to-PDF, but not in scanned or picture format.
                    </P>
                    <P>• For those unable to file electronically, comments may be filed by USPS mail or by hand (including courier) delivery.</P>
                    <P>
                        ○ 
                        <E T="03">Mail via U.S. Postal Service Only:</E>
                         Addressed to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.
                    </P>
                    <P>
                        ○ 
                        <E T="03">Hand (including courier) Delivery:</E>
                         Deliver to: Federal Energy Regulatory Commission, Secretary of the Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         OMB submissions must be formatted and filed in accordance with submission guidelines at 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         Using the search function under the “Currently Under Review” field, select Federal Energy Regulatory Commission; click “submit,” and select “comment” to the right of the subject collection.
                    </P>
                    <P>
                        <E T="03">FERC submissions</E>
                         must be formatted and filed in accordance with submission guidelines at: 
                        <E T="03">https://www.ferc.gov.</E>
                         For user assistance, contact FERC Online Support by email at 
                        <E T="03">ferconlinesupport@ferc.gov,</E>
                         or by phone at: (866) 208-3676 (toll-free).
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at 
                        <E T="03">https://www.ferc.gov/ferc-online/overview.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jean Sonneman may be reached by email at 
                        <E T="03">DataClearance@FERC.gov,</E>
                         telephone at (202) 502-6362.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     FERC-587, Land 
                    <E T="03">Description:</E>
                     Public Land States/Non-Public Land States.
                </P>
                <P>
                    <E T="03">OMB Control No.:</E>
                     1902-0145.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Three-year extension of the FERC-587 information collection requirements with no changes to the current reporting requirements.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     Section 24 of the Federal Power Act (FPA) 
                    <SU>1</SU>
                    <FTREF/>
                     requires the Commission to conduct this collection of information, which pertains to applications proposing hydropower projects, or changes to existing hydropower projects, within “lands of the United States.” FERC Form 587 
                    <SU>2</SU>
                    <FTREF/>
                     consolidates the required information, including a description of the applicable U.S. lands and identification of hydropower project boundary maps associated with the applicable U.S. lands. An applicant must send FERC Form 587 both to the Commission and to the Bureau of Land Management (BLM) state office where the project is located. The information consolidated in FERC Form 587 facilitates the reservation of U.S. lands as hydropower sites and the withdrawal of such lands from other uses.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         16 U.S.C. 818.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The form can be viewed at: 
                        <E T="03">https://cms.ferc.gov/media/ferc-587.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Type of Respondents:</E>
                     Applicants proposing hydropower projects, or changes to existing hydropower projects, within lands of the United States.
                </P>
                <P>
                    <E T="03">Estimate of Annual Burden:</E>
                     
                    <SU>3</SU>
                    <FTREF/>
                     The Commission estimates the annual public reporting burden for the information collection as shown below:
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         “Burden” is the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For further explanation of what is included in the information collection burden, refer to 5 CFR 1320.3.
                    </P>
                </FTNT>
                <GPOTABLE COLS="6" OPTS="L2(,0,),tp0,p7,7/8,i1" CDEF="s50,12C,20C,r50,r50,20C">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            A.
                            <LI>Number of respondents</LI>
                        </CHED>
                        <CHED H="1">
                            B.
                            <LI>Annual</LI>
                            <LI>estimated</LI>
                            <LI>number of</LI>
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            C.
                            <LI>Annual estimated</LI>
                            <LI>number of responses </LI>
                        </CHED>
                        <CHED H="1">
                            D.
                            <LI>
                                Average burden hours &amp; cost 
                                <SU>4</SU>
                                 per response
                            </LI>
                        </CHED>
                        <CHED H="1">
                            E.
                            <LI>Total estimated burden hours &amp; total estimated cost </LI>
                        </CHED>
                        <CHED H="1">
                            F.
                            <LI>Average annual cost</LI>
                            <LI>per respondent</LI>
                            <LI>($) </LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25"> </ENT>
                        <ENT O="xl"/>
                        <ENT>(column A × column B)</ENT>
                        <ENT O="xl"/>
                        <ENT>(column C × column D)</ENT>
                        <ENT>(column E ÷ column A)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">70</ENT>
                        <ENT>1</ENT>
                        <ENT>70</ENT>
                        <ENT>1 hour; $100.00</ENT>
                        <ENT>70 hours; $7,000.00</ENT>
                        <ENT>$100.00</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    <E T="03">Comments:</E>
                     Comments
                    <FTREF/>
                     are invited on: (1) whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Commission staff estimates that the average respondent for FERC-587 is similarly situated to the Commission, in terms of salary plus benefits. Based on FERC's 2024 annual average of $207,786 (for salary plus benefits), the average hourly cost per full time equivalent is $100/hour.
                    </P>
                </FTNT>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15075 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings</SUBJECT>
                <P>
                    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
                    <PRTPAGE P="56747"/>
                </P>
                <HD SOURCE="HD1">Filings Instituting Proceedings</HD>
                <P>
                    <E T="03">Docket Numbers:</E>
                     PR24-83-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Regency Intrastate Gas LP.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 284.123 Rate Filing: RIGS Multi-Section Based SOC Filing to be effective 7/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5232.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/22/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-880-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     NEXUS Gas Transmission, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rates—Castleton 860576 eff 7-1-2024 to be effective 7/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5220.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-881-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Express Pipeline LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Trafigura NRANCA Clean-Up Filing to be effective 8/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5224.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-882-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     ANR Pipeline Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: ANR—Citadel 140790 Negotiated Rate Agreement to be effective 7/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5228.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-883-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Equitrans, L.P.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rate Agreement—8/1/2024 to be effective 8/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5251.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-884-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Texas Eastern Transmission, LP.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rates—Various Releases eff 7-1-24 to be effective 7/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5268.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-885-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Algonquin Gas Transmission, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rates—Various Releases eff 7-1-24 to be effective 7/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5277.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-886-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Trailblazer Pipeline Company LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: TPC 2024-07-01 Definition Revisions to be effective 8/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5284.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-887-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     NEXUS Gas Transmission, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rates—Various Releases eff 7-1-2024 to be effective 7/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5318.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-888-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Equitrans, L.P.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rate Capacity Release Agreements 07012024 to be effective 7/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5320.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-889-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midwestern Gas Transmission Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rate Agreement—Eco-Energy Natural Gas FA1574 to be effective 7/1/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240701-5392.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP24-890-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Ruby Pipeline, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: RP 2024-07-02 System Map URL to be effective 8/2/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/24.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20240702-5096.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/15/24.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15074 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. 2055-109]</DEPDOC>
                <SUBJECT>Idaho Power Company; Notice of Availability and Adoption of Final Environmental Assessment</SUBJECT>
                <P>Pending before the Federal Energy Regulatory Commission (Commission) is an application filed by Idaho Power Company (licensee) to permit a non-project use of project lands and waters for the purpose of permitting a water withdrawal from the C.J. Strike Hydroelectric Project FERC No. 2055. The water withdrawal would provide raw water to Mountain Home Airforce Base. In accordance with the National Environmental Policy Act of 1969 (NEPA), the Commission's regulations at 18 CFR part 380, and the Council on Environment Quality regulations for implementing NEPA at 40 CFR 1506.3(c), Commission staff have decided to adopt an Environmental Assessment (EA) produced by Bureau of Land Management (BLM) for the proposed intake facility, pumping station, and pipeline for the proposed project. In determining whether to adopt the EA, Commission staff independently reviewed the EA. The actions analyzed by BLM are substantially the same as those being proposed in the licensee's application, and therefore, Commission staff concludes that the EA adequately assesses the environmental impacts of the proposed action and can be adopted. Commission staff also agrees with the BLM's finding that the proposed water withdrawal is not a major federal action significantly affecting the quality of the human environment.</P>
                <P>
                    The licensee proposes to allow Idaho Water Resources Board to construct an intake facility and pumping station within the C.J. Strike Hydroelectric Project's boundary to withdraw water 
                    <PRTPAGE P="56748"/>
                    from the project reservoir. Most of the pipeline used to deliver the raw water to Mountain Home AirForce Base is outside of the project boundary on lands administered by BLM. The lands within the project boundary proposed for the location of the water withdrawal are also lands administered by BLM.
                </P>
                <P>The BLM EA titled “Establishment of a Sustainable Water Supply for Mountain Home Airforce Base, Idaho”, can be viewed through links contained in Idaho Power Company's response to the Commission's additional information request, filed in the Commission's eLibrary system on May 8, 2024, under Docket P-2055. The licensee's filing also contains BLM's recent amendment to the EA and Statement of Adequacy as an attachment.</P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>
                    For further information, contact Michael Calloway at 202-502-8041 or 
                    <E T="03">Michael.calloway@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 2, 2024.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15077 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <DEPDOC>[EPA-OEJECR-2024-0297; FRL-12101-01-OMS]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Environmental Justice Thriving Communities Grantmaking Program: Applications for Subawards (New)</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) has submitted an information collection request (ICR), Environmental Justice Thriving Communities Grantmaking Program: Applications for Subawards (EPA ICR Number 7780.01, OMB Control Number 2035-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a request for emergency clearance of a new collection. A two-week public comment period has been initiated via a notice in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments may be submitted on or before July 24, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Submit your comments, referencing Docket ID Number EPA-OEJECR-2024-0297 or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Aarti Iyer, Office of the Chief Financial Officer, Mail Code 2710A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-564-0214; email address: 
                        <E T="03">iyer.aarti@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This is a request for approval of a new collection. 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.</P>
                <P>
                    This notice allows for a 14 day public comment period. Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at 
                    <E T="03">www.regulations.gov</E>
                     or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit 
                    <E T="03">http://www.epa.gov/dockets.</E>
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     To meet the goals and objectives that demonstrate the U.S. Environmental Protection Agency (EPA's) and the Administration's commitment to achieving environmental justice and embedding environmental justice into Agency programs, EPA released the Thriving Communities Grantmaking Program funding opportunity. The program will provide about $600 million in 11 cooperative agreements funding to “Grantmakers” who will function as pass-through entities for the Environmental Justice Thriving Communities Subgrants (2 CFR parts 200 and 1500). The pass-through model removes the requirement of applying through the federal grants process and decreases the amount of time it takes to award federal funds. The Grantmakers will collaborate with EPA to design and build their own processes to receive and evaluate applications to fund the initial development of community-led environmental justice projects. With this Information Collection Request (ICR), EPA seeks emergency clearance for two Grantmakers to solicit applications for their first round of subgrants to be launched in August 2024. If the information requested under this emergency clearance were not collected, EPA would have no mechanism for selecting and distributing subaward grants. Without this activity, the central programmatic objectives of the Environmental Justice Thriving Communities Grantmaking Program cannot be met. The six-month emergency clearance period will cover the first round of subaward applications that will be solicited by three Grantmakers in August 2024. Subsequent rounds of applications for these two Grantmakers will be authorized via a Standard ICR package for the Grantmaking Program that will be submitted for review via the customer ICR approval process.
                </P>
                <P>
                    <E T="03">Form Numbers:</E>
                     None.
                </P>
                <P>
                    <E T="03">Respondents/affected entities:</E>
                     Respondents will include entities who are eligible to receive subawards, including community based nonprofit organizations, Puerto Rico, U.S. Territories and Freely Associated States, Native American organizations, local governments, and institutions of higher education.
                </P>
                <P>
                    <E T="03">Respondent's obligation to respond:</E>
                     Voluntary.
                </P>
                <P>
                    <E T="03">Estimated number of respondents:</E>
                     300 (total).
                </P>
                <P>
                    <E T="03">Frequency of response:</E>
                     Once.
                </P>
                <P>
                    <E T="03">Total estimated burden:</E>
                     1,400 hours (total). Burden is defined at 5 CFR 1320.03(b).
                </P>
                <P>
                    <E T="03">Total estimated cost:</E>
                     $99,572 (total), which includes $25,330 annualized capital or operation &amp; maintenance costs.
                </P>
                <P>
                    <E T="03">Requested approval date:</E>
                     July 22, 2024.
                </P>
                <SIG>
                    <NAME>Courtney Kerwin,</NAME>
                    <TITLE>Director, Information Engagement Division.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15139 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="56749"/>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <DEPDOC>[FRL-12068-01-OA]</DEPDOC>
                <SUBJECT>Request for Nominations for the Clean Air Scientific Advisory Committee (CASAC) Ozone 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 requests public nominations of scientific experts for the CASAC Ozone Panel. This panel will provide advice through the chartered CASAC on the scientific and technical bases for the agency's review of the ozone National Ambient Air Quality Standards (NAAQS).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Nominations should be submitted by July 31, 2024 per the instructions below.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Any member of the public wishing further information regarding this Notice and Request for Nominations may contact Mr. Aaron Yeow, Designated Federal Officer (DFO), EPA Science Advisory Board Staff Office (SABSO) by telephone/voice mail (202) 564-2050, or email at 
                        <E T="03">yeow.aaron@epa.gov.</E>
                         General information concerning the CASAC can be found at 
                        <E T="03">https://casac.epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The CASAC was established pursuant to the Clean Air Act (CAA) Amendments of 1977, codified at 42 U.S.C. 7409(d)(2), to review air quality criteria and NAAQS and recommend to the EPA Administrator any new NAAQS and revisions of existing criteria and NAAQS as may be appropriate. The CASAC shall also: advise the EPA Administrator of areas in which additional knowledge is required to appraise the adequacy and basis of existing, new, or revised NAAQS; describe the research efforts necessary to provide the required information; advise the EPA Administrator on the relative contribution to air pollution concentrations of natural as well as anthropogenic activity; and advise the EPA Administrator of any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance of such NAAQS. As amended, 5 U.S.C., app. Section 109(d)(1) of the Clean Air Act (CAA) requires that EPA carry out a periodic review and revision, as appropriate, of the air quality criteria and the NAAQS for the six “criteria” air pollutants, including ozone.</P>
                <P>The CASAC is a Federal advisory committee chartered under the Federal Advisory Committee Act (FACA). As a Federal Advisory Committee, the CASAC conducts business in accordance with FACA (5 U.S.C. 10) and related regulations. The CASAC and the CASAC Ozone Panel will comply with the provisions of FACA and all appropriate SABSO procedural policies.</P>
                <P>The EPA initiated a new statutory review of the air quality criteria and standards for ozone and other photochemical oxidants, incorporating the reconsideration of the 2020 decision on the ozone NAAQS into the new review, and issued a call for information on August 25, 2023 (88 FR 58264, August 25, 2023). The CASAC Ozone Panel will provide advice through the Chartered CASAC on the scientific and technical bases for the agency's review of these air quality criteria and NAAQS.</P>
                <P>
                    <E T="03">Request for Nominations:</E>
                     The SABSO is seeking nominations of nationally and internationally recognized scientists with demonstrated expertise and research in the field of air pollution related to criteria pollutants. For the CASAC Ozone Panel, experts are being sought in the following fields, especially with respect to ozone: 
                    <E T="03">air quality, atmospheric science and chemistry; exposure assessment; toxicology; controlled clinical exposure; epidemiology; biostatistics; risk assessment; ecology, including of forests and terrestrial systems; and effects on welfare and the environment.</E>
                </P>
                <P>
                    <E T="03">Process and Deadline for Submitting Nominations:</E>
                     Any interested person or organization may nominate qualified individuals in the areas of expertise described above for possible service. Individuals may self-nominate. Nominations should be submitted in electronic format (preferred) using the online nomination form on the CASAC website at 
                    <E T="03">https://casac.epa.gov</E>
                     under “Public Input on Membership.” To be considered, nominations should include the information requested below. EPA values and welcomes diversity. All qualified candidates are encouraged to apply regardless of sex, race, disability, or ethnicity. Nominations should be submitted in time to arrive no later than July 31, 2024.
                </P>
                <P>
                    The following information should be provided on the nomination form: contact information for the person making the nomination; contact information for the nominee; and the disciplinary and specific areas of expertise of the nominee. Nominees will be contacted by the SABSO and will be asked to provide a recent curriculum vitae and a narrative biographical summary that includes: current position, educational background, research activities, sources of research funding for the last two years, and recent service on other national advisory committees or national professional organizations. Persons having questions about the nomination procedures, or who are unable to submit nominations through the CASAC website, should contact the DFO at the contact information noted above. The names and biosketches of qualified nominees identified by respondents to this 
                    <E T="04">Federal Register</E>
                     Notice, and additional experts identified by the SABSO, will be posted in a List of Candidates for the Panel on the CASAC website at 
                    <E T="03">https://casac.epa.gov.</E>
                     Public comments on the List of Candidates will be accepted for 21 days. The public will be requested to provide relevant information or other documentation on nominees that the SABSO should consider in evaluating candidates.
                </P>
                <P>For the SABSO, a balanced review panel includes candidates who possess the necessary domains of knowledge, the relevant scientific perspectives (which, among other factors, can be influenced by work history and affiliation), and the collective breadth of experience to adequately address the charge. In forming the expert panel, the SABSO will consider public comments on the Lists of Candidates, information provided by the candidates themselves, and background information independently gathered by the SABSO. Selection criteria to be used for panel membership include: (a) scientific and/or technical expertise, knowledge, and experience (primary factors); (b) availability and willingness to serve; (c) absence of financial conflicts of interest; (d) absence of an appearance of a loss of impartiality; (e) skills working in committees, subcommittees, and advisory panels; and (f) for the panel as a whole, diversity of expertise and scientific points of view.</P>
                <P>
                    Candidates may be asked to submit the “Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency” (EPA Form 3110-48). This confidential form is required for Special Government Employees (SGEs) and allows EPA to determine whether there is a statutory conflict between a person's public responsibilities (which includes membership on an EPA Federal advisory committee) and private interests and activities, or the appearance of a loss of impartiality, as defined by Federal regulation. The form may be viewed and downloaded through the “Ethics Requirements for 
                    <PRTPAGE P="56750"/>
                    Advisors” link on the CASAC website at 
                    <E T="03">https://casac.epa.gov.</E>
                     This form should not be submitted as part of a nomination.
                </P>
                <SIG>
                    <NAME>V Khanna Johnston,</NAME>
                    <TITLE>Deputy Director, Science Advisory Board Staff Office.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15080 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">EXPORT-IMPORT BANK</AGENCY>
                <DEPDOC>[Public Notice: 2024-3010]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Comment Request; Export-Import Bank Report of Premiums Payable for Exporters Only</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Export-Import Bank of the United States.</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 Export-Import Bank of the United States (EXIM), pursuant to the Export-Import Bank Act of 1945, as amended, facilitates the finance of the export of U.S. goods and services. As part of its continuing effort to reduce paperwork and respondent burden, EXIM invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before August 9, 2024 to be assured of consideration.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Comments may be submitted electronically on 
                        <E T="03">www.regulations.gov</E>
                         (EIB 92-29), by email to 
                        <E T="03">Cristina.Conti@exim.gov,</E>
                         or by mail to Office of Information and Regulatory Affairs, 725 17th Street NW, Washington, DC 20038, Attn: OMB 3048-0017.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        To request additional information, please contact Cristina Conti, 
                        <E T="03">Cristina.conti@exim.gov,</E>
                         202-565-3804.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The “Report of Premiums Payable for Exporters Only” form is used by exporters to report and pay premiums on insured shipments to various foreign buyers under the terms of the policy and to certify that premiums have been correctly computed and remitted. Individual transactions that an exporter may have with the same foreign borrower can be sub-totaled and entered as a single line item for the specific month provided the length of payment term is identical. The use of sub-totals reduces the administrative burden on the exporter. The `Report of Premiums Payable for Exporters Only' is used by the Bank to determine the eligibility of the shipment(s) and to calculate the premium due to Ex-Im Bank for its support of the shipment(s) under its insurance program.</P>
                <P>No changes are being made to the form in use.</P>
                <P>
                    The application tool can be reviewed at: 
                    <E T="03">https://img.exim.gov/s3fs-public/forms/eib92-29.pdf.</E>
                </P>
                <P>
                    <E T="03">Title and Form Number:</E>
                     EIB 92-29 Export-Import Bank Report of Premiums Payable for Exporters Only.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     3048-0017.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Regular.
                </P>
                <P>
                    <E T="03">Need and Use:</E>
                     The “Report of Premiums Payable for Exporters Only” form is used by exporters to report and pay premiums on insured shipments to various foreign buyers under the terms of the policy and to certify that premiums have been correctly computed and remitted. The collection provides EXIM staff with the information necessary to monitor the borrower's payments for exported goods covered under its short and medium-term export credit insurance policies. It also alerts EXIM staff of defaults, so they can manage the portfolio in an informed manner.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     This form affects entities involved in the export of U.S. goods and services.
                </P>
                <P>
                    <E T="03">Annual Number of Respondents:</E>
                     2,000.
                </P>
                <P>
                    <E T="03">Estimated Time per Respondent:</E>
                     15 minutes.
                </P>
                <P>
                    <E T="03">Annual Burden Hours:</E>
                     6,000 hours.
                </P>
                <P>
                    <E T="03">Frequency of Reporting or Use:</E>
                     Monthly.
                </P>
                <SIG>
                    <DATED>Dated: July 5, 2024.</DATED>
                    <NAME>Andrew Smith,</NAME>
                    <TITLE>Records Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15121 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6690-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <DEPDOC>[OMB 3060-1138; FR ID 230976]</DEPDOC>
                <SUBJECT>Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Communications Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written PRA comments should be submitted on or before September 9, 2024. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Direct all PRA comments to Nicole Ongele, FCC, via email 
                        <E T="03">PRA@fcc.gov</E>
                         and to 
                        <E T="03">nicole.ongele@fcc.gov</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For additional information about the information collection, contact Nicole Ongele, (202) 418-2991.</P>
                    <P>
                        <E T="03">OMB Control Number:</E>
                         3060-1138.
                    </P>
                    <P>
                        <E T="03">Title:</E>
                         Sections 1.49 and 1.54, Forbearance Petition Filing Requirements.
                    </P>
                    <P>
                        <E T="03">Form Number:</E>
                         N/A.
                    </P>
                    <P>
                        <E T="03">Type of Review:</E>
                         Extension of a currently approved collection.
                    </P>
                    <P>
                        <E T="03">Respondents:</E>
                         Business or other for-profit entities.
                    </P>
                    <P>
                        <E T="03">Number of Respondents and Responses:</E>
                         1 respondent; 1 response.
                    </P>
                    <P>
                        <E T="03">Estimated Time per Response:</E>
                         640 hours.
                    </P>
                    <P>
                        <E T="03">Frequency of Response:</E>
                         On occasion reporting requirement, recordkeeping requirement, and third-party disclosure requirement.
                    </P>
                    <P>
                        <E T="03">Obligation to Respond:</E>
                         Required to obtain or retain benefits. Statutory authority for this information collection 
                        <PRTPAGE P="56751"/>
                        is contained in 47 U.S.C. 10, 151,154(i), 154(j),155(c), 160, 201 and 303(r) of the Communications Act of 1934.
                    </P>
                    <P>
                        <E T="03">Total Annual Burden:</E>
                         640 hours.
                    </P>
                    <P>
                        <E T="03">Total Annual Cost:</E>
                         No cost.
                    </P>
                    <P>
                        <E T="03">Needs and Uses:</E>
                         Under section 10 of the Communications Act of 1934, as amended, telecommunications carriers may petition the Commission to forbear from applying to a telecommunications carrier any statutory provision or Commission regulation. When a carrier petitions the Commission for forbearance, section 10 requires the Commission to make three determinations with regard to the need for the challenged provision or regulation. If the Commission fails to act within one year (extended by three additional months, if necessary), the petition is “deemed granted” by operation of law. These determinations require complex, fact-intensive analysis, 
                        <E T="03">e.g.,</E>
                         “whether forbearance from enforcing the provision or regulation will promote competitive market conditions.” Under the filing procedures, the Commission requires that petitions for forbearance must be “complete as filed” and explain in detail what must be included in the forbearance petition. The Commission also incorporates by reference its rule, 47 CFR 1.49, which states the Commission's standard “specifications as to pleadings and documents.” Precise filing requirements are necessary because of section 10's strict time limit for Commission action. Also, commenters must be able to clearly understand the scope of the petition in order to comment on it. Finally, standard filing procedures inform petitioners precisely what the Commission expects from them in order to make the statutory determinations that the statute requires.
                    </P>
                    <SIG>
                        <FP>Federal Communications Commission.</FP>
                        <NAME>Katura Jackson,</NAME>
                        <TITLE>Federal Register  Liaison Officer.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15174 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6712-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
                <SUBJECT>Formations of, Acquisitions by, and Mergers of Bank Holding Companies</SUBJECT>
                <P>
                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 
                    <E T="03">et seq.</E>
                    ) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.
                </P>
                <P>
                    The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board's Freedom of Information Office at 
                    <E T="03">https://www.federalreserve.gov/foia/request.htm.</E>
                     Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)).
                </P>
                <P>Comments received are subject to public disclosure. In general, comments received will be made available without change and will not be modified to remove personal or business information including confidential, contact, or other identifying information. Comments should not include any information such as confidential information that would not be appropriate for public disclosure.</P>
                <P>Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551-0001, not later than August 9, 2024.</P>
                <P>
                    <E T="03">A. Federal Reserve Bank of Atlanta</E>
                     (Erien O. Terry, Assistant Vice President) 1000 Peachtree Street NE, Atlanta, Georgia 30309. Comments can also be sent electronically to 
                    <E T="03">Applications.Comments@atl.frb.org:</E>
                </P>
                <P>
                    1. 
                    <E T="03">SouthState Corporation, Winter Haven, Florida;</E>
                     to merge with Independent Bank Group, Inc., and thereby indirectly acquire Independent Bank, both of McKinney, Texas.
                </P>
                <SIG>
                    <P>Board of Governors of the Federal Reserve System.</P>
                    <NAME>Erin Cayce,</NAME>
                    <TITLE>Assistant Secretary of the Board.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15171 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">FEDERAL RESERVE SYSTEM</AGENCY>
                <SUBJECT>Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities</SUBJECT>
                <P>The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.</P>
                <P>
                    The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board's Freedom of Information Office at 
                    <E T="03">https://www.federalreserve.gov/foia/request.htm.</E>
                     Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.
                </P>
                <P>Comments received are subject to public disclosure. In general, comments received will be made available without change and will not be modified to remove personal or business information including confidential, contact, or other identifying information. Comments should not include any information such as confidential information that would not be appropriate for public disclosure.</P>
                <P>Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551-0001, not later than July 25, 2024.</P>
                <P>
                    <E T="03">A. Federal Reserve Bank of St. Louis</E>
                     (Holly A. Rieser, Senior Manager) P.O. Box 442, St. Louis, Missouri 63166-2034. Comments can also be sent electronically to 
                    <E T="03">Comments.applications@stls.frb.org:</E>
                </P>
                <P>
                    1. 
                    <E T="03">First Breckinridge Bancshares, Inc., Irvington, Kentucky;</E>
                     to acquire First Kentucky Holding Company, LLC, Louisville, Kentucky, and thereby engage in activities that may be performed by a trust company pursuant to section 225.28(b)(5) of the Board's Regulation Y.
                </P>
                <SIG>
                    <PRTPAGE P="56752"/>
                    <P>Board of Governors of the Federal Reserve System.</P>
                    <NAME>Erin Cayce, </NAME>
                    <TITLE>Assistant Secretary of the Board.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15172 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
                <SUBJECT>Reorganization of the Office of the Chief of Staff</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Disease Control and Prevention (CDC), the Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>CDC has modified its structure. This notice announces the reorganization of the Office of the Chief of Staff (OCS). OCS has retitled components and updated mission and function statements.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This reorganization of OCS was approved by the Director of CDC and became effective on June 20, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Victoria Hunter, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS H21-12, Atlanta, GA 30329. Telephone 404-639-7124; Email: 
                        <E T="03">vdp5@cdc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 89 FR 19832, dated March 20, 2024) is amended to reflect the reorganization of Office of the Chief of Staff, Immediate Office of the Director, Centers for Disease Control and Prevention. Specifically, the changes are as follows:</P>
                <P>I. Under Part C, Section C-B, Organization and Functions, make the following changes:</P>
                <FP SOURCE="FP-1">• Retitle and update the mission/function statement for the Advance Team Activity to the Scheduling and Advance Team (CAT12)</FP>
                <FP SOURCE="FP-1">• Retitle and update the mission/function statement for the Budget and Operations Management Activity to the Budget and Operations Management Team (CAT13)</FP>
                <FP SOURCE="FP-1">• Retitle and update the mission/function statement for the Policy, Performance, and Communication Activity to the Policy, Performance, and Coordination Team (CAT16)</FP>
                <FP SOURCE="FP-1">• Update the mission statement for the Office of the Executive Secretariat (CATC)</FP>
                <P>II. Under Part C, Section C-B, Organization and Functions, after the Office of the Chief of Staff (CAT) delete the mission or functional statements for and replace with the following:  Office of the Director (CAT1). (1) directs, manages, and coordinates the activities of OCS; (2) provides leadership and direction to the Immediate Office of the Director (IOD);  (3) develops goals and objectives for OCS, including enterprise risk management oversight;  (4) manages, prepares for, and conducts executive and senior level meetings, while identifying, triaging, and tracking subsequent action items; (5) serves as the primary point of contact for the CDC Foundation, including engagement of CDC leadership and coordination of key priorities; (6) serves as the IOD liaison during a CDC Emergency Operations Center (EOC) activation;  (7) manages OCS communication activities both internal and external; and (8) leads special projects for the CDC Director.</P>
                <P>Scheduling and Advance Team (CAT12). (1) coordinates and manages the CDC Director's schedule and supports the development of briefing materials for the director;  (2) ensures the director's schedule is closely aligned with the agency's priorities and goals;  (3) coordinates key partner requests and visits for the CDC Director including senior leadership appearances at meetings, speaking engagements, and other external events; and (4) manages special events and high-level visits.</P>
                <P>Budget and Operations Management Team (CAT13). (1) manages the IOD and OCS budget, and serves as liaison for budget activities within CDC; (2) coordinates the development, implementation (including spending plan) tracking, and reporting of the OCS budget;  (3) oversees and executes administrative functions for IOD and OCS, including recruitment, personnel actions, performance management, contracts and grants, training and employee development, travel, space requests and allocation, and procurement and distribution of equipment and supplies; (4) ensures documents are maintained according to CDC's records retention policies and transferred to the National Archives and Records Administration, according to pertinent statutes and guidelines; and (5) manages Freedom of Information Act requests.</P>
                <P>Policy, Performance, and Coordination Team (CAT16). (1) coordinates, develops, and implements strategic planning and tracking for OCS; (2) provides management and oversight of the Advisory Committee to the Director, its subcommittees and workgroups; (3) provides support to principals within the IOD; (4) participates in reviewing legislation, briefing documents, congressional testimony, and other legislative matters in coordination with the Office of Policy, Performance, and Evaluation (OPPE) and CDC Washington; (5) serves as primary contact for CIO Associate Directors for Policy for OCS requests; (6) oversees the OCS DEIAB Council and priority action items; (7) serves as enterprise risk management champion for OCS; (8) manages agency-wide data calls; and (9) executes special projects as directed by the Chief of Staff.</P>
                <P>Office of the Executive Secretariat (CATC). (1) manages the director's briefing materials; (2) coordinates the use of the official CDC/ATSDR- controlled correspondence tracking system throughout CDC; (3) cultivates strong relationships to facilitate effective coordination across CDC and with HHS Executive Secretariat; (4) conducts final clearance and quality assurance/control of controlled correspondence, select non-scientific policy documents, reports to Congress, including other HHS operating division documents that require the approval of CDC IOD leadership; (5) manages and coordinates correspondence signed by or signed on behalf of the CDC Director; (6) communicates with HHS Policy Coordinator on critical issues on behalf of OCS and serves as the point of contact with the HHS Executive Secretariat for status of Secretary's controlled correspondence of non-scientific documents; (7) processes, triages, assigns, and monitors incoming correspondence for the CDC Director and IOD leadership;  (8) serves as official record keeper for the CDC Director's correspondence and non-scientific policy documents; (9) develops and submits the weekly White House Report; (10) manages the electronic signature of the IOD executives on documents requiring official signature;  (11) manages the clearance of agency decision memos; and (12) ensures consistent application of CDC correspondence standards and styles.</P>
                <HD SOURCE="HD1">Delegations of Authority</HD>
                <P>All delegations and redelegations of authority made to officials and employees of affected organizational components will continue in them or their successors pending further redelegation, provided they are consistent with this reorganization.</P>
                <EXTRACT>
                    <PRTPAGE P="56753"/>
                    <FP>(Authority: 44 U.S.C. 3101)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Robin D. Bailey, Jr., </NAME>
                    <TITLE>Chief Operating Officer, Centers for Disease Control and Prevention.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15100 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4163-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
                <SUBJECT>Reorganization of the Office of Financial Resources</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Disease Control and Prevention (CDC), the Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>CDC has modified its structure. This notice announces the reorganization of the Office of Financial Resources (OFR) and the CDC Immediate Office of the Director (IOD). OFR added a branch and a new office was established within the CDC IOD.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This reorganization was approved by the Director of CDC on June 20, 2024, and became effective.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Victoria Hunter, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS H21-12, Atlanta, GA 30329. Telephone 404-639-7124; Email: 
                        <E T="03">vdp5@cdc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 89 FR 19832, dated March 20, 2024) is amended to reflect the reorganization of Office of Financial Resources and the CDC Immediate Office of the Director, Centers for Disease Control and Prevention. Specifically, the changes are as follows:</P>
                <P>I. Under Part C, Section C-B, Organization and Functions, make the following changes:</P>
                <FP SOURCE="FP-1">• Abolish the Office of Appropriations (CAJE14)</FP>
                <FP SOURCE="FP-1">• Establish the Budget Formulation Branch (CAJEVR)</FP>
                <FP SOURCE="FP-1">• Establish the Office of Budget Policy and Appropriations (CAR)</FP>
                <P>II. Under Part C, Section C-B, Organization and Functions, after the Budget Execution Services Branch 4 (CAJEVQ) insert the following:</P>
                <P>
                    Budget Formulation Branch (CAJEVR). (1) manages and coordinates development of the budget for CDC and ATSDR from submissions prepared by Center//Institute/Office contacts; (2) formulates the CDC and ATSDR financial plan, and evaluates and assures total budget requests conform to current administration policy and economic assumptions in coordination with CIOs; (3) coordinates with the Office of Planning, Performance, and Evaluation to include the Government Performance and Results Act (GPRA) Modernization Act performance measures with budget proposals to HHS, OMB and Congress; (4) prepares periodic summary analysis and impact statements on budget allowances and applicable congressional actions; (5) develops analyses of proposed budget estimates and supporting narrative through the use of available financial data reporting systems for senior CDC management; (6) maintains liaison with HHS, OMB, the Government Accountability Office, and other government organizations on CDC's financial management matters; (7) collaborates with other parts of CDC in the development and implementation of long-range program and financing plans;  (8) completes requirements in timing and reporting of cleared information to parties outside the Executive Branch (
                    <E T="03">i.e.,</E>
                     Congress, media, public); and (9) develops and presents analyses, special reports, background exhibits, and graphical material on budget proposals, budget activities, and related matters.
                </P>
                <P>After the Office of Policy, Performance, and Evaluation (CAQ) insert the following: Office of Budget Policy and Appropriations (CAR). The Office of Budget Policy and Appropriations: (1) provides leadership, consultation, guidance, and advice on matters of public health and budget policy; (2) leads all Centers for Disease Control and Prevention (CDC) and Agency for Toxic Substances and Disease Registry (ATSDR) Congressional appropriations leadership activities including strategic outreach and interaction with Congressional appropriators on appropriations/budget matters; (3) supports the Office of Financial Resources in the development of CDC's and ATSDR's annual funding request in accordance with Department of Health and Human Services (HHS), Office of Management and Budget (OMB), and Congressional requirements, policies, procedures, and regulations; (4) maintains liaison with the HHS Office of the Secretary (OS), OMB, other government organizations, and Congress on appropriations and budget policy matters; (5) develops materials for, and participates in, budget policy and financial reviews and hearings before HHS, OMB, and Congress; (6) collaborates with CDC Washington Office (CDC/W) and other parts of CDC, and outside stakeholders, in the development and implementation of agency-wide legislative strategy; (7) advances the CDC policy agenda through interactions with appropriations leadership; (8) coordinates with Centers/Institute/Offices on Congressional appropriations leadership strategy and interactions, ensuring a unified presentation of CDC interests to legislators; (9) leads the development and updates to spend plans for CDC supplemental funding, infectious diseases rapid response reserve fund requests, and new budget programs; (10) tracks, analyzes, and reports on appropriations legislation; (11) protects and advances the agency's reputation, scientific credibility, and interests; (12) informs CDC leadership of current developments and provides insight into the budget policy environment; and (13) coordinates, with the CDC/W and CIO partnership activities that relate to budget policy and appropriations to advance the agency's priorities.</P>
                <HD SOURCE="HD1">Delegations of Authority</HD>
                <P>All delegations and redelegations of authority made to officials and employees of affected organizational components will continue in them or their successors pending further redelegation, provided they are consistent with this reorganization.</P>
                <EXTRACT>
                    <FP>(Authority: 44 U.S.C. 3101)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Robin D. Bailey, Jr., </NAME>
                    <TITLE>Chief Operating Officer, Centers for Disease Control and Prevention.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15099 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4163-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[Document Identifier: CMS-179, CMS-10536, CMS-R-153 and CMS-10326]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request; Withdrawal</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; withdrawal.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        On Tuesday, July 2, 2024, the Centers for Medicare &amp; Medicaid Services (CMS) published a notice entitled, “Agency Information 
                        <PRTPAGE P="56754"/>
                        Collection Activities: Proposed Collection; Comment Request.” The document invited public comments on four separate information collection requests notices specific to document identifiers: CMS-179, CMS-10536, CMS-R-153 and CMS-10326. Through the publication of this document, we are withdrawing each of the aforementioned notices.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The comment period associated with the publication for CMS-179, CMS-10536, CMS-R-153 and CMS-10326 on July 2, 2024 (89 FR 54826), will be null and void upon publication of this document.</P>
                </DATES>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Each of the aforementioned notices already published on June 28, 2024 (89 FR 54002) and the comment period associated with that publication remains in full effect.</P>
                <P>In FR document, 2024-14581, published on July 2, 2024 (89 FR 54826), we are withdrawing all four of the notices listed in the Information Collections section of the document.</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. 2024-15097 Filed 7-9-24; 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-1500/1490S]</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 August 9, 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>
                     Extension of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Health Insurance Common Claims Form and Supporting Regulations at 42 CFR part 424, subpart C; 
                    <E T="03">Use:</E>
                     The CMS-1500 and the CMS-1490S forms are used to deliver information to CMS for CMS to reimburse for provided services. Medicare Administrative Contractors use the data collected on the CMS-1500 and the CMS-1490S to determine the proper amount of reimbursement for Part B medical and other health services (as listed in section 1861(s) of the Social Security Act) provided by physicians and suppliers to beneficiaries. The CMS-1500 is submitted by physicians/suppliers for all Part B Medicare. Serving as a common claim form, the CMS-1500 can be used by other third-party payers (commercial and nonprofit health insurers) and other Federal programs (
                    <E T="03">e.g.</E>
                     TRICARE, RRB, and Medicaid). 
                    <E T="03">Form Number:</E>
                     CMS-1500/1490S (OMB control number: 0938-1197); 
                    <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>
                     2,507,992; 
                    <E T="03">Total Annual Responses:</E>
                     994,038,623; 
                    <E T="03">Total Annual Hours:</E>
                     17,328,912. (For policy questions regarding this collection contact Sadaf Ali-Simpson at 667-414-0004.)
                </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. 2024-15137 Filed 7-9-24; 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-222-17, CMS-10261, and CMS-R-284]</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 
                        <PRTPAGE P="56755"/>
                        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 September 9, 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>
                <P/>
                <HD SOURCE="HD1">Contents</HD>
                <P>
                    This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see 
                    <E T="02">ADDRESSES</E>
                    ).
                </P>
                <FP SOURCE="FP-1">CMS-222-17 Rural Health Clinic Cost Report</FP>
                <FP SOURCE="FP-1">CMS-10261 Part C Medicare Advantage Reporting Requirements</FP>
                <FP SOURCE="FP-1">CMS-R-284 Transformed—Medicaid Statistical Information System (T-MSIS)</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 Collections</HD>
                <P>
                    1. 
                    <E T="03">Type of Information Collection Request:</E>
                     Extension of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Rural Health Clinic Cost Report; 
                    <E T="03">Use:</E>
                     Under the authority of sections 1815(a) and 1833(e) of the Social Security Act (42 U.S.C. 1395g), CMS requires that providers of services participating in the Medicare program submit information to determine costs for health care services rendered to Medicare beneficiaries. CMS requires that providers follow reasonable cost principles under 1861(v)(1)(A) of the Act when completing the Medicare cost report. Regulations at 42 CFR 413.20 and 413.24 require that providers submit acceptable cost reports on an annual basis and maintain sufficient financial records and statistical data, capable of verification by qualified auditors.
                </P>
                <P>CMS requires Form CMS-222-17 to determine an RHC's reasonable costs incurred in furnishing medical services to Medicare beneficiaries and reimbursement due to or from an RHC. Each RHC submits the cost report to its contractor for a reimbursement determination. Section 1874A of the Act describes the functions of the contractor.</P>
                <P>
                    CMS regulations at 42 CFR 413.24(f)(4)(ii) requires that each RHC submit an annual cost report to their contractor in American Standard Code for Information Interchange (ASCII) electronic cost report (ECR) format. RHCs submit the ECR file to contractors using a compact disk (CD), flash drive, or the CMS approved Medicare Cost Report E-filing (MCREF) portal, [URL: 
                    <E T="03">https://mcref.cms.gov</E>
                    ]. 
                    <E T="03">Form Number:</E>
                     CMS-222-17 (OMB control number: 0938-0107); 
                    <E T="03">Frequency:</E>
                     Yearly; 
                    <E T="03">Affected Public:</E>
                     Private Sector, State, Local, or Tribal Governments, Federal Government, Business or other for-profits, Not-for-profits institutions; 
                    <E T="03">Number of Respondents:</E>
                     2,101; 
                    <E T="03">Total Annual Responses:</E>
                     2,101; 
                    <E T="03">Total Annual Hours:</E>
                     115,555. (For policy questions regarding this collection contact LuAnn Piccione at (410) 786-5423).
                </P>
                <P>
                    2. 
                    <E T="03">Type of Information Collection Request:</E>
                     Revision with of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Part C Medicare Advantage Reporting Requirements; 
                    <E T="03">Use:</E>
                     The Centers for Medicare and Medicaid Services (CMS) established reporting requirements for Medicare Advantage Organizations (MAOs) under the authority described in 42 CFR 422.516(a). Each MAO must have an effective procedure to develop, compile, evaluate, and report to CMS, to its enrollees, and to the general public at the times and in the manner that CMS requires. At the same time, each MAO must, in accordance with 42 CFR 422.516(a), safeguard the confidentiality of the provider-patient relationship.
                </P>
                <P>
                    Health plans can use this information to measure and benchmark their performance. CMS receives inquiries from the industry and other interested stakeholders about the beneficiary use of available benefits, including supplemental benefits, grievance and appeals rates, cost, and other factors pertaining to use of government funds, as well the performance of MA plans. 
                    <E T="03">Form Number:</E>
                     CMS-10261 (OMB control number: 0938-1054); 
                    <E T="03">Frequency:</E>
                     Yearly; 
                    <E T="03">Affected Public:</E>
                     Business or other for-profits; 
                    <E T="03">Number of Respondents:</E>
                     743; 
                    <E T="03">Total Annual Responses:</E>
                     6,687; 
                    <E T="03">Total Annual Hours:</E>
                     187,979. (For policy questions regarding this collection contact Lucia Patrone at 410-786-8621).
                </P>
                <P>
                    3. 
                    <E T="03">Type of Information Collection Request:</E>
                     Revision of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Transformed—Medicaid Statistical Information System (T-MSIS); 
                    <E T="03">Use:</E>
                     The data reported in T-MSIS are used by Federal, State, and local officials, as well as by private researchers and corporations to monitor past and projected future trends in the Medicaid program. The data provide the only national level information available on enrollees, beneficiaries, and expenditures. It also provides the only national level information available on Medicaid utilization. The information is the basis for analyses and for cost savings estimates for the Department's cost sharing legislative initiatives to Congress. The collected data are also crucial to our actuarial forecasts. 
                    <E T="03">
                        Form 
                        <PRTPAGE P="56756"/>
                        Number:
                    </E>
                     CMS-R-284 (OMB control number: 0938-0345); 
                    <E T="03">Frequency:</E>
                     Quarterly and monthly; 
                    <E T="03">Affected Public:</E>
                     State, Local, or Tribal Governments; 
                    <E T="03">Number of Respondents:</E>
                     54; 
                    <E T="03">Total Annual Responses:</E>
                     648; 
                    <E T="03">Total Annual Hours:</E>
                     7,290. (For policy questions regarding this collection contact Connie Gibson at 410-786-0755.)
                </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. 2024-15152 Filed 7-9-24; 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>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2024-N-2930]</DEPDOC>
                <SUBJECT>Genetic Metabolic Diseases Advisory Committee; Notice of Meeting; Establishment of a Public Docket; Request for Comments—New Drug Application 214927, for Arimoclomol</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; establishment of a public docket; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA) announces a forthcoming public advisory committee meeting of the Genetic Metabolic Diseases Advisory Committee (the Committee). The general function of the Committee is to provide advice and recommendations to FDA on regulatory issues. The meeting will be open to the public. FDA is establishing a docket for public comment on this document.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting will be held on August 2, 2024, from 9 a.m. to 6 p.m. Eastern Time.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>FDA and invited participants may attend the meeting at the FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm.1503), Silver Spring, MD 20993-0002. The public will have the option to participate via an online teleconferencing and/or video conferencing platform, and the advisory committee meeting will be heard, viewed, captioned, and recorded through an online teleconferencing and/or video conferencing platform.</P>
                    <P>
                        Answers to commonly asked questions about FDA advisory committee meetings, including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: 
                        <E T="03">https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.</E>
                    </P>
                    <P>
                        FDA is establishing a docket for public comment on this meeting. The docket number is FDA-2024-N-2930. The docket will close on August 1, 2024. Please note that late, untimely filed comments will not be considered. The 
                        <E T="03">https://www.regulations.gov</E>
                         electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of August 1, 2024. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are received on or before that date.
                    </P>
                    <P>Comments received on or before July 25, 2024, will be provided to the Committee. Comments received after that date will be taken into consideration by FDA. In the event that the meeting is cancelled, FDA will continue to evaluate any relevant applications or information, and consider any comments submitted to the docket, as appropriate.</P>
                    <P>You may submit comments as follows:</P>
                </ADD>
                <HD SOURCE="HD2">Electronic Submissions</HD>
                <P>Submit electronic comments in the following way:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E>
                     Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to 
                    <E T="03">https://www.regulations.gov</E>
                     will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>• If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).</P>
                <HD SOURCE="HD2">Written/Paper Submissions</HD>
                <P>Submit written/paper submissions as follows:</P>
                <P>
                    • 
                    <E T="03">Mail/Hand Delivery/Courier (for written/paper submissions):</E>
                     Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”</P>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the Docket No. FDA-2024-N-2930 for “Genetic Metabolic Diseases Advisory Committee; Notice of Meeting; Establishment of a Public Docket; Request for Comments—Arimoclomol.” Received comments, those filed in a timely manner (see 
                    <E T="02">ADDRESSES</E>
                    ), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at 
                    <E T="03">https://www.regulations.gov</E>
                     or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500.
                </P>
                <P>
                    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” FDA will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on 
                    <E T="03">https://www.regulations.gov.</E>
                     Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify the information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: 
                    <E T="03">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.</E>
                </P>
                <P>
                    <E T="03">Docket:</E>
                     For access to the docket to read background documents or the electronic and written/paper comments received, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management 
                    <PRTPAGE P="56757"/>
                    Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Moon Choi, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-796-2894, email: 
                        <E T="03">GeMDAC@fda.hhs.gov,</E>
                         or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the 
                        <E T="04">Federal Register</E>
                         about last-minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check FDA's website at 
                        <E T="03">https://www.fda.gov/AdvisoryCommittees/default.htm</E>
                         and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before the meeting.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Agenda:</E>
                     The meeting presentations will be heard, viewed, captioned, and recorded through an online teleconferencing and/or video conferencing platform.
                </P>
                <P>The Committee will discuss new drug application 214927, for arimoclomol, submitted by Zevra Denmark A/S, for the treatment of adults and pediatric patients 2 years of age and older with Niemann-Pick disease type C.</P>
                <P>
                    FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its website prior to the meeting, the background material will be made publicly available on FDA's website at the time of the advisory committee meeting. Background material and the link to the online teleconference and/or video conference meeting will be available at 
                    <E T="03">https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm.</E>
                     Scroll down to the appropriate advisory committee meeting link. For online participants the meeting will include slide presentations with audio and video components to allow the presentation of materials in a manner that most closely resembles an in-person advisory committee meeting.
                </P>
                <P>
                    <E T="03">Procedure:</E>
                     Interested persons may present data, information, or views, orally or in writing, on issues pending before the Committee. All electronic and written submissions to the Docket (see 
                    <E T="02">ADDRESSES</E>
                    ) on or before July 25, 2024, will be provided to the Committee. Oral presentations from the public will be scheduled between approximately between 2:25 p.m. and 3:25 p.m. Eastern Time. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before July 17, 2024. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by July 18, 2024.
                </P>
                <P>
                    For press inquiries, please contact the Office of Media Affairs at 
                    <E T="03">fdaoma@fda.hhs.gov</E>
                     or 301-796-4540.
                </P>
                <P>
                    FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with disabilities. If you require accommodations due to a disability, please contact Moon Choi (see 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    ) at least 7 days in advance of the meeting.
                </P>
                <P>
                    FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our website at: 
                    <E T="03">https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm</E>
                     for procedures on public conduct during advisory committee meetings.
                </P>
                <P>
                    Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. 1001 
                    <E T="03">et seq.</E>
                    ). This meeting notice also serves as notice that, pursuant to 21 CFR 10.19, the requirements in 21 CFR 14.22(b), (f), and (g) relating to the location of advisory committee meetings are hereby waived to allow for this meeting to take place both in-person and using an online meeting platform. This waiver is in the interest of allowing greater transparency and opportunities for public participation, in addition to convenience for advisory committee members, speakers, and guest speakers. The conditions for issuance of a waiver under 21 CFR 10.19 are met.
                </P>
                <SIG>
                    <DATED>Dated: July 5, 2024.</DATED>
                    <NAME>Lauren K. Roth,</NAME>
                    <TITLE>Associate Commissioner for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15127 Filed 7-9-24; 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>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2024-N-0001]</DEPDOC>
                <SUBJECT>Workshop To Consider Artificial Intelligence in Drug and Biological Product Development; Public Workshop</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public workshop.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA, the Agency, or we) is announcing the following public workshop titled “Artificial Intelligence (AI) in Drug &amp; Biological Product Development.” Convened and supported by a cooperative agreement between FDA and the Clinical Trials Transformation Initiative (CTTI), the purpose of the public workshop is to bring drug developers and AI experts together to discuss guiding principles for the responsible use of AI in the development of safe and effective drugs and biological products. The workshop format will include presentations and panel discussions.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The public workshop will be held virtually and in-person on August 6, 2024, from 10 a.m. to 5:30 p.m. Eastern Time. See the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section for registration date and information.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Participants can join the public workshop either virtually using the Zoom platform or in person at the FDA Great Room, located at 10903 New Hampshire Ave., Silver Spring, MD, 20993. The link for the public workshop will be sent to registrants upon registration.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Marsha Samson, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6330, Silver Spring, MD 20993-0002, 301-837-7407, 
                        <E T="03">Marsha.Samson@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    This public workshop will convene experts in AI including drug sponsors, academia, and technology organizations to discuss guiding principles that are being applied by innovators to promote the responsible use of AI in the development of safe and effective drugs.
                    <PRTPAGE P="56758"/>
                </P>
                <HD SOURCE="HD1">II. Topics for Discussion at the Public Workshop</HD>
                <P>At the public workshop, FDA plans to convene experts in AI to discuss topics, including but not limited to:</P>
                <P>1. Optimizing model design through multidisciplinary expertise. Specifically, discussants will explore the importance of integrating experts from diverse fields, such as medicine, statistics, pharmacology, data science, and engineering to ensure the development of optimal AI models.</P>
                <P>
                    2. Exploring strategies for overcoming common data-related challenges, namely, the availability of fit-for-use data that can be used in drug development. Topics will include data availability and access via federated learning, data quality issues (
                    <E T="03">i.e.,</E>
                     representativeness of data, bias, etc.), and the use of synthetic data.
                </P>
                <P>3. Balancing model performance, explainability, and transparency of AI models. Additionally, discussants will share strategies for assessing the need to integrate humans into the decision-making process (human-in-the-loop and/or human-on-the-loop).</P>
                <P>4. Identifying key gaps and challenges hindering the use of AI in drug and biological product development and exploring potential strategies, collaborations, and initiatives to address these challenges. Considering actionable next steps to advance the responsible use of AI in developing safe, effective, and quality drugs.</P>
                <HD SOURCE="HD1">III. Participating in the Public Workshop</HD>
                <P>
                    <E T="03">Registration:</E>
                     To register for the public workshop, please visit the following website: 
                    <E T="03">https://duke.zoom.us/meeting/register/tJcrcu-qrTMiHdayh1J3JhkCi6XkvmAIFey6.</E>
                     Please provide complete contact information for each attendee, including name, title, affiliation, address, email, and telephone.
                </P>
                <P>Registration is free and people interested in attending this public workshop must register to receive a link to the meeting. Registrants will receive confirmation email after they register.</P>
                <P>
                    If you need special accommodations due to a disability, please contact 
                    <E T="03">Kelly.Franzetti@duke.edu</E>
                     no later than July 30, 2024. Please note, closed captioning will be available automatically.
                </P>
                <SIG>
                    <DATED>Dated: July 5, 2024.</DATED>
                    <NAME>Lauren K. Roth,</NAME>
                    <TITLE>Associate Commissioner for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15125 Filed 7-9-24; 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; Small Business Metabolism.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         August 2, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 2:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Dianne Hardy, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6175, MSC 7892, Bethesda, MD 20892, 301-435-1154, 
                        <E T="03">dianne.hardy@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Topics on HIV Comorbidities, Coinfections and Associated Cancers.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         August 5, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Raul Rojas, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6185, Bethesda, MD 20892, (301) 451-6319, 
                        <E T="03">rojasr@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Respiratory Sciences.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         August 6-7, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 8:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Michael L. Bloom, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6187, MSC 7804, Bethesda, MD 20892, 301-451-0132, 
                        <E T="03">bloomm2@mail.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: July 5, 2024.</DATED>
                    <NAME>David W. Freeman,</NAME>
                    <TITLE>Supervisory Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15112 Filed 7-9-24; 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>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; Small Business Metabolism.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 26, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:00 p.m. to 3:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Dianne Hardy, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6175, MSC 7892, Bethesda, MD 20892, 301-435-1154, 
                        <E T="03">dianne.hardy@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Topics in Hypersensitivity, Autoimmunity and Immune-mediated Diseases.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         August 2, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         11:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate 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>
                         Alok Mulky, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4203, Bethesda, MD 20892, (301) 435-3566, 
                        <E T="03">mulkya@mail.nih.gov</E>
                        .
                    </P>
                    <PRTPAGE P="56759"/>
                    <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: July 3, 2024.</DATED>
                    <NAME>Lauren A. Fleck, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15108 Filed 7-9-24; 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>Center for Scientific Review; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Epidemiology.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         August 1, 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>
                         Lisa Steele, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3139, MSC 7770, Bethesda, MD 20892, (301) 257-2638, 
                        <E T="03">steeleln@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: July 5, 2024. </DATED>
                    <NAME>Lauren A. Fleck, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15132 Filed 7-9-24; 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. Immigration and Customs Enforcement</SUBAGY>
                <DEPDOC>[Docket No. ICEB-2024-0007]</DEPDOC>
                <RIN>RIN 1653-ZA51</RIN>
                <SUBJECT>Employment Authorization for Yemeni F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Yemen</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Immigration and Customs Enforcement, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Homeland Security (DHS) is suspending certain regulatory requirements for F-1 nonimmigrant students from Yemen who are experiencing severe economic hardship as a direct result of the current crisis in Yemen. The Secretary is providing relief to these students who are in lawful F-1 nonimmigrant status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant status.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This action covers eligible Yemeni F-1 nonimmigrant students beginning on September 4, 2024, and ending on March 3, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Sharon Snyder, Unit Chief, Policy and Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536-5600; email: 
                        <E T="03">sevp@ice.dhs.gov,</E>
                         telephone: (703) 603-3400. This is not a toll-free number. Program information can be found at 
                        <E T="03">https://www.ice.gov/sevis/.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">What action is DHS taking under this notice?</HD>
                <P>
                    The Secretary is exercising authority under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of certain requirements governing on-campus and off-campus employment for F-1 nonimmigrant students whose country of citizenship is Yemen regardless of country of birth (or individuals having no nationality who last habitually resided in Yemen), who are present in the United States in lawful F-1 nonimmigrant student status on the date of publication of this notice, and who are experiencing severe economic hardship as a direct result of the current crisis in Yemen. The original notice, which applied to F-1 nonimmigrant students who met certain criteria, including having been lawfully present in the United States in F-1 nonimmigrant status on September 4, 2021, was effective from September 4, 2021, through March 3, 2023. 
                    <E T="03">See</E>
                     86 FR 36288 (July 9, 2021). Most recently, DHS issued a notice which applied to F-1 nonimmigrant students who met certain criteria, including having been lawfully present in the United States in F-1 nonimmigrant status on January 3, 2023, that was effective from March 4, 2023, through September 3, 2024. 
                    <E T="03">See</E>
                     88 FR 88 (Jan. 3, 2023). Effective with this publication, suspension of the employment limitations is available through March 3, 2026, for those who are in lawful F-1 nonimmigrant status on the date of publication of this notice. DHS will deem an F-1 nonimmigrant student granted employment authorization through this notice to be engaged in a “full course of study” for the duration of the employment authorization, if the student satisfies the minimum course load set forth in this notice.
                    <SU>1</SU>
                    <FTREF/>
                      
                    <E T="03">See</E>
                     8 CFR 214.2(f)(6)(i)(F).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Because the suspension of requirements under this notice applies throughout an academic term during which the suspension is in effect, DHS considers an F-1 nonimmigrant student who engages in a reduced course load or employment (or both) after this notice is effective to be engaging in a “full course of study,” 
                        <E T="03">see</E>
                         8 CFR 214.2(f)(6), and eligible for employment authorization, through the end of any academic term for which such student is matriculated as of March 3, 2026, provided the student satisfies the minimum course load requirements in this notice.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Who is covered by this notice?</HD>
                <P>This notice applies exclusively to F-1 nonimmigrant students who meet all of the following conditions:</P>
                <P>(1) Are a citizen of Yemen regardless of country of birth (or an individual having no nationality who last habitually resided in Yemen);</P>
                <P>(2) Were lawfully present in the United States on the date of publication of this notice in F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);</P>
                <P>(3) Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F-1 nonimmigrant students;</P>
                <P>(4) Are currently maintaining F-1 nonimmigrant status; and</P>
                <P>(5) Are experiencing severe economic hardship as a direct result of the current crisis in Yemen.</P>
                <P>
                    This notice applies to F-1 nonimmigrant students in an approved private school in kindergarten through 
                    <PRTPAGE P="56760"/>
                    grade 12, public school grades 9 through 12, and undergraduate and graduate education. An F-1 nonimmigrant student covered by this notice who transfers to another SEVP-certified academic institution remains eligible for the relief provided by means of this notice.
                </P>
                <HD SOURCE="HD1">Why is DHS taking this action?</HD>
                <P>DHS is taking action to provide relief to Yemeni F-1 nonimmigrant students experiencing severe economic hardship due to the current crisis in Yemen. Based on its review of country conditions in Yemen and input received from the U.S. Department of State (DOS), DHS is taking action to allow eligible F-1 nonimmigrant students from Yemen to request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 nonimmigrant student status.</P>
                <P>
                    The humanitarian situation in Yemen has worsened considerably in the last 18 months. Thousands of civilians have reportedly been killed or injured due to armed conflict between Houthi forces and forces loyal to the internationally recognized government since the United Nations (UN)-supported truce between the parties expired in October 2022.
                    <SU>2</SU>
                    <FTREF/>
                     Additionally, the presence of consistent armed conflict has led to the displacement of a large number of civilians, worsening an already grim humanitarian situation.
                    <SU>3</SU>
                    <FTREF/>
                     The heightened security concerns, deteriorating humanitarian conditions, unstable economy, and other emergent circumstances have adversely affected much of the Yemeni population.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Yemen, Global Center for the Responsibility to Protect, May 31, 2024, available at 
                        <E T="03">https://www.globalr2p.org/countries/yemen/</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Yemen—Complex Emergency Fact Sheet #5, Fiscal Year (FY) 2024, Apr. 5, 2024, pp. 5-6, available at 
                        <E T="03">https://reliefweb.int/report/yemen/yemen-complex-emergency-fact-sheet-5-fiscal-year-fy-2024</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Security Concerns</HD>
                <P>
                    Tactics used over the course of the conflict by the Houthi forces, the Saudi-led coalition backing the internationally recognized government,
                    <SU>4</SU>
                    <FTREF/>
                     and domestic and international terrorist organizations operating inside of Yemen have put civilians at significant risk from conflict-related externalities following the UN-supported truce in 2022.
                    <SU>5</SU>
                    <FTREF/>
                     Explosive remnants of war, which consist of unexploded ordinances, improvised explosive devices (IEDs), and landmines, pose a lasting threat to civilians in Yemen.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Daniel L. Byman, Saudi Arabia and the United Arab Emirates Have a Disastrous Yemen Strategy, Brookings Institution, July 17, 2018, available at 
                        <E T="03">https://www.brookings.edu/blog/order-from-chaos/2018/07/17/saudi-arabia-and-the-united-arab-emirates-have-a-disastrous-yemen-strategy</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         World Report—Yemen, Human Rights Watch 2023 World Report, available at 
                        <E T="03">https://www.hrw.org/world-report/2022/country-chapters/yemen?</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Yemen: Explosive remnants of war the biggest killer of children since truce began, Save the Children, June 30, 2022, available at 
                        <E T="03">https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <P>
                    The DOS estimated that, as of April 2021, “Houthi forces [have] laid over one million landmines and IEDs across the country.” 
                    <SU>7</SU>
                    <FTREF/>
                     Experts have warned that landmines, which are largely unmapped, will pose a threat to human life for decades, even if a peace deal is reached between the warring parties.
                    <SU>8</SU>
                    <FTREF/>
                     As of 2023, there is evidence that Houthis had continued to spread landmines across infrastructure areas, water sources, and farmlands.
                    <SU>9</SU>
                    <FTREF/>
                     The group has also refused to share maps of landmines with mine removal authorities, making survival all the more difficult for the civilian populations in the affected areas.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Daniel Gurley, Small Steps Have a Big Impact for Yemeni Civilians, Department of State Dipnote: Military and Security, Apr. 6, 2021, available at 
                        <E T="03">https://www.state.gov/dipnote-u-s-department-of-state-official-blog/small-steps-have-a-big-impact-for-yemeni-civilians/</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         Land mines will be hidden killer in Yemen decades after war, AP, Dec. 24, 2018, available at 
                        <E T="03">https://www.apnews.com/bce0a80324d040f09843ceb3e4e45c1e</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         World Report—Yemen, Human Rights Watch 2024 World Report, available at 
                        <E T="03">https://www.hrw.org/world-report/2024/country-chapters/yemen</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Humanitarian Concerns</HD>
                <P>
                    The UN considers the humanitarian crisis in Yemen to be the largest in the world, with an estimated 24 million people (or close to 80 percent of the population) needing assistance.
                    <SU>11</SU>
                    <FTREF/>
                     In February 2024, the World Food Program (WFP) estimated the number of food insecure people was approximately 17 million, and that 18.6 million individuals will need humanitarian assistance in 2024.
                    <SU>12</SU>
                    <FTREF/>
                     Additionally, 2.2 million children between 6 to 59 months are under threat of acute malnutrition.
                    <SU>13</SU>
                    <FTREF/>
                     The United Nations High Commissioner for Refugees (UNHCR) has stated that internally displaced persons (IDPs) in Yemen are “four times more likely to go hungry than the rest of the population” and that “62 percent of internally displaced families in Yemen have had to cut back on food.” 
                    <SU>14</SU>
                    <FTREF/>
                     Moreover, a recent UN Food and Agriculture Organization report warned that “[i]ncreased military activities in the Red Sea carries the risk of destruction of critical infrastructure, including ports and storage facilities. This can hamper the efficient distribution and storage of food in Yemen, further worsening food insecurity.” 
                    <SU>15</SU>
                    <FTREF/>
                     The WFP further announced in December 2023 that it would begin a “pause in general food distributions in areas under the control of the Sana'a-based authorities, due to limited funding and no agreement with the authorities on a smaller programme.” 
                    <SU>16</SU>
                    <FTREF/>
                     The latest development increases the likelihood that food insecurity will remain a major concern across Yemen for the foreseeable future.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         The United Nations in Yemen, available at 
                        <E T="03">https://yemen.un.org/en/about/about-the-un</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         Emergency, Yemen, World Food Program, Feb. 2024, available at 
                        <E T="03">https://www.wfp.org/emergencies/yemen-emergency</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Yemen—World Food Programme, June 2022, available at 
                        <E T="03">https://docs.wfp.org/api/documents/WFP-0000141295/download/</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Get to know Fattoum, a displaced Yemeni mother who struggles to take care of her orphaned children., UNHCR, Apr. 22, 2022, available at 
                        <E T="03">https://zakat.unhcr.org/blog/en/beneficiaries/fattoum</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         Potential Impacts of Red Sea Crisis Escalation on Food Insecurity in Yemen, UNFOA, Feb. 28, 2024, available at 
                        <E T="03">https://reliefweb.int/report/yemen/special-technical-paper-potential-impacts-red-sea-crisis-escalation-food-insecurity-yemen-issued-28th-february-2024</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         Emergency, Yemen, World Food Program, Feb. 2024, available at 
                        <E T="03">https://www.wfp.org/emergencies/yemen-emergency</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <P>
                    According to the International Committee of the Red Cross (ICRC), Yemen's “current water network reaches less than 30 percent of the Yemeni population,” leaving a majority of Yemenis to depend on alternate means of obtaining water.
                    <SU>17</SU>
                    <FTREF/>
                     The ICRC reported that approximately 17.8 million people in Yemen (approximately 56 percent of the population) do not currently have access to clean water and sanitation.
                    <SU>18</SU>
                    <FTREF/>
                     In December 2023, Human Rights Watch (HRW) reported that the parties to the Yemeni conflict have had a direct negative impact on civilian's access to water.
                    <SU>19</SU>
                    <FTREF/>
                     HRW also reports that “[t]he Houthis have weaponized water in 
                    <PRTPAGE P="56761"/>
                    Taizz by blocking water in the two basins under their control from flowing into government-controlled Taizz city.” 
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         The Water Situation in Yemen, ICRC, June 5, 2022, available at 
                        <E T="03">https://www.icrc.org/en/document/water-situation-yemen</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         Yemen: Warring Parties Deepen Water Crisis, Human Rights Watch, Dec. 11, 2023, available at 
                        <E T="03">https://www.hrw.org/news/2023/12/11/yemen-warring-parties-deepen-water-crisis#</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         Death is More Merciful Than This Life, Human Rights Watch, Dec. 11, 2023, available at 
                        <E T="03">https://www.hrw.org/report/2023/12/11/death-more-merciful-life/houthi-and-yemeni-government-violations-right-water</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <P>
                    In 2023, UNHCR recorded approximately 77,000 Yemeni refugees and asylum-seekers in neighboring countries,
                    <SU>21</SU>
                    <FTREF/>
                     and over 4.5 million IDPs within Yemen.
                    <SU>22</SU>
                    <FTREF/>
                     The number of IDPs represents approximately 13 percent of the population.
                    <SU>23</SU>
                    <FTREF/>
                     In 2023, the United Nations International Children's Emergency Fund reported that “among the 19,943 newly registered displaced people, 88 percent were displaced due to conflict, while 12 percent were displaced by torrential rains and flooding.” 
                    <SU>24</SU>
                    <FTREF/>
                     As of 2022, there were approximately 2 million IDPs that were children, which represented approximately half of the IDP population in Yemen at the time.
                    <SU>25</SU>
                    <FTREF/>
                     As of 2024, the situation of IDPs had not improved.
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         Refugee Data Finder, The UN Refugee Agency, UNHCR, available at 
                        <E T="03">https://www.unhcr.org/refugee-statistics/download/?url=So83fZ</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Yemen Humanitarian Needs Overview, OCHA, January 2024, p. 15, available at 
                        <E T="03">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         Yemen-Complex Emergency, Fact Sheet #4, FY 2023, USAID, Feb. 10, 2023, available at 
                        <E T="03">https://www.usaid.gov/sites/default/files/2023-02/2023-02-10_USG_Yemen_Complex_Emergency_Fact_Sheet_4.pdf</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         Humanitarian Situation Report No. 3, Dec. 11, 2023, UNICEF, p. 6, available at 
                        <E T="03">https://www.unicef.org/documents/yemen-humanitarian-situation-report-no-3-30-september-2023</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         Migration and Displacement Country Profiles, Yemen, 2022, available at 
                        <E T="03">https://data.unicef.org/resources/migration-and-displacement-country-profiles-mdcp/</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         Yemen—Complex Emergency, Fact Sheet #5 FY 2024, USAID, Apr. 5, 2024, available at 
                        <E T="03">https://reliefweb.int/report/yemen/yemen-complex-emergency-fact-sheet-5-fiscal-year-fy-2024</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Economic Concerns</HD>
                <P>
                    The World Bank reported that in Yemen, as of April 14, 2022, “[e]conomic conditions continue to deteriorate, and the acute humanitarian crisis persists.” 
                    <SU>27</SU>
                    <FTREF/>
                     Official statistics about the status of Yemen's economy are no longer being produced making it difficult to obtain reliable economic information.
                    <SU>28</SU>
                    <FTREF/>
                     Available data indicates an economy that continues to weaken.
                    <SU>29</SU>
                    <FTREF/>
                     Yemen's economy was primarily an informal economy with remittances from abroad and foreign aid being the two primary sources of funding 
                    <SU>30</SU>
                    <FTREF/>
                     for essential commodities.
                    <SU>31</SU>
                    <FTREF/>
                     As of early 2024, over 90 percent of the food in Yemen was imported,
                    <SU>32</SU>
                    <FTREF/>
                     and the Russian invasion of Ukraine and associated sanctions are expected to negatively impact the importation of key commodities, like oil and food, to Yemen.
                    <SU>33</SU>
                    <FTREF/>
                     Additionally, recent “disruptions in oil exports due to Houthi attacks on ports have caused the [Yemeni] Rial to drop.” 
                    <SU>34</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         Republic of Yemen, World Bank Economic Update, Apr. 14, 2022, available at 
                        <E T="03">https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         Yemen Country Economic Memorandum: Glimmers of Hope in Dark Times, The World Bank, May 30, 2023, at xvi, available at 
                        <E T="03">https://documents1.worldbank.org/curated/en/099050923091537357/pdf/P17826203eb7ac0030b5540af4456d0dd7c.pdf</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         Yemen—Comple, Fact Sheet #6 FY 2024, USAID, May 7, 2024, p. 4, available at 
                        <E T="03">https://www.usaid.gov/sites/default/files/2024-05/2024-05-07_USG_Yemen_Complex_Emergency_Fact_Sheet_6.pdf</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         Yemen: Conflict, Maritime Attacks, and U.S. Policy, Congressional Research Services, Feb. 26, 2024, available at 
                        <E T="03">https://crsreports.congress.gov/product/pdf/IF/IF12581</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         Republic of Yemen, World Bank Economic Update, Apr. 14, 2022, available at 
                        <E T="03">https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         Yemen Central Bank Acts to Stop Currency Collapse, Money Laundering, Asharq Al-Awsat News, Feb. 14, 2024, available at 
                        <E T="03">https://english.aawsat.com/arab-world/4853331-yemen-central-bank-acts-stop-currency-collapse-money-laundering</E>
                         (last visited June 13, 2024).
                    </P>
                </FTNT>
                <P>As of June 10, 2024, 255 F-1 nonimmigrant students from Yemen are enrolled at SEVP-certified academic institutions in the United States. Given the extent of the current crisis in Yemen, affected students whose primary means of financial support comes from Yemen may need to be exempt from the normal student employment requirements to continue their studies in the United States. The current crisis has made it unfeasible for many students to safely return to Yemen for the foreseeable future. Without employment authorization, these students may lack the means to meet basic living expenses.</P>
                <HD SOURCE="HD1">What is the minimum course load requirement to maintain valid F-1 nonimmigrant status under this notice?</HD>
                <P>
                    Undergraduate F-1 nonimmigrant students who receive on-campus or off-campus employment authorization under this notice must remain registered for a minimum of six semester or quarter hours of instruction per academic term. Undergraduate F-1 nonimmigrant students enrolled in a term of different duration must register for at least one half of the credit hours normally required under a “full course of study.” 
                    <E T="03">See</E>
                     8 CFR 214.2(f)(6)(i)(B) and (F). A graduate-level F-1 nonimmigrant student who receives on-campus or off-campus employment authorization under this notice must remain registered for a minimum of three semester or quarter hours of instruction per academic term. 
                    <E T="03">See</E>
                     8 CFR 214.2(f)(5)(v). Nothing in this notice affects the applicability of other minimum course load requirements set by the academic institution.
                </P>
                <P>
                    In addition, an F-1 nonimmigrant student (either undergraduate or graduate) granted on-campus or off-campus employment authorization under this notice may count up to the equivalent of one class or three credits per session, term, semester, trimester, or quarter of online or distance education toward satisfying this minimum course load requirement, unless their course of study is in an English language study program. 
                    <E T="03">See</E>
                     8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student attending an approved private school in kindergarten through grade 12 or public school in grades 9 through 12 must maintain “class attendance for not less than the minimum number of hours a week prescribed by the school for normal progress toward graduation,” as required under 8 CFR 214.2(f)(6)(i)(E). Nothing in this notice affects the applicability of federal and state labor laws limiting the employment of minors.
                </P>
                <HD SOURCE="HD1">May an eligible F-1 nonimmigrant student who already has on-campus or off-campus employment authorization benefit from the suspension of regulatory requirements under this notice?</HD>
                <P>
                    Yes. An F-1 nonimmigrant student who is a Yemeni citizen, regardless of country of birth (or an individual having no nationality who last habitually resided in Yemen), who already has on-campus or off-campus employment authorization and is otherwise eligible may benefit under this notice, which suspends certain regulatory requirements relating to the minimum course load requirement under 8 CFR 214.2(f)(6)(i) and certain employment eligibility requirements under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant student may benefit without having to apply for a new Form I-766, Employment Authorization Document (EAD). To benefit from this notice, the F-1 nonimmigrant student must request that their designated school official (DSO) enter the following 
                    <PRTPAGE P="56762"/>
                    statement in the remarks field of the student's Student and Exchange Visitor Information System (SEVIS) record, which the student's Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, will reflect:
                </P>
                <EXTRACT>
                    <P>
                        Approved for more than 20 hours per week of [DSO must insert “on-campus” or “off-campus,” depending upon the type of employment authorization the student already has] employment authorization and reduced course load under the Special Student Relief authorization from [DSO must insert the beginning date of the notice or the beginning date of the student's employment, whichever date is later] until [DSO must insert either the student's program end date, the current EAD expiration date (if the student is currently authorized for off-campus employment), or the end date of this notice, whichever date comes first].
                        <SU>35</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>35</SU>
                             Because the suspension of requirements under this notice applies throughout an academic term during which the suspension is in effect, DHS considers an F-1 nonimmigrant student who engages in a reduced course load or employment (or both) after this notice is effective to be engaging in a “full course of study,” 
                            <E T="03">see</E>
                             8 CFR 214.2(f)(6), and eligible for employment authorization, through the end of any academic term for which such student is matriculated as of March 3, 2026, provided the student satisfies the minimum course load requirements in this notice.
                        </P>
                    </FTNT>
                </EXTRACT>
                <HD SOURCE="HD1">Must the F-1 nonimmigrant student apply for reinstatement after expiration of this special employment authorization if the student reduces his or her “full course of study”?</HD>
                <P>
                    No. DHS will deem an F-1 nonimmigrant student who receives and comports with the employment authorization permitted under this notice to be engaged in a “full course of study” 
                    <SU>36</SU>
                    <FTREF/>
                     for the duration of the student's employment authorization, provided that a qualifying undergraduate level F-1 nonimmigrant student remains registered for a minimum of six semester or quarter hours of instruction per academic term, and a qualifying graduate level F-1 nonimmigrant student remains registered for a minimum of three semester or quarter hours of instruction per academic term. 
                    <E T="03">See</E>
                     8 CFR 214.2(f)(5)(v) and (f)(6)(i)(F). Undergraduate F-1 nonimmigrant students enrolled in a term of different duration must register for at least one half of the credit hours normally required under a “full course of study.” 
                    <E T="03">See</E>
                     8 CFR 214.2(f)(6)(i)(B) and (F). DHS will not require such students to apply for reinstatement under 8 CFR 214.2(f)(16) if they are otherwise maintaining F-1 nonimmigrant status.
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See</E>
                         8 CFR 214.2(f)(6).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant student covered by this notice be eligible for employment authorization?</HD>
                <P>No. An F-2 spouse or minor child of an F-1 nonimmigrant student is not authorized to work in the United States and, therefore, may not accept employment while in F-2 nonimmigrant status, consistent with 8 CFR 214.2(f)(15)(i).</P>
                <HD SOURCE="HD1">
                    Will the suspension of the applicability of the standard student employment requirements apply to an individual who receives an initial F-1 visa and makes an initial entry into the United States after the effective date of this notice in the 
                    <E T="04">Federal Register</E>
                    ?
                </HD>
                <P>No. The suspension of the applicability of the standard regulatory requirements only applies to certain F-1 nonimmigrant students who meet the following conditions:</P>
                <P>(1) Are a citizen of Yemen regardless of country of birth (or an individual having no nationality who last habitually resided in Yemen);</P>
                <P>(2) Were lawfully present in the United States on the date of publication of this notice in F-1 nonimmigrant status, under section 101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i);</P>
                <P>(3) Are enrolled in an academic institution that is SEVP-certified for enrollment of F-1 nonimmigrant students;</P>
                <P>(4) Are maintaining F-1 nonimmigrant status; and</P>
                <P>(5) Are experiencing severe economic hardship as a direct result of the current crisis in Yemen.</P>
                <P>An F-1 nonimmigrant student who does not meet all these requirements is ineligible for the suspension of the applicability of the standard regulatory requirements (even if experiencing severe economic hardship as a direct result of the current crisis in Yemen).</P>
                <HD SOURCE="HD1">
                    Does this notice apply to a continuing F-1 nonimmigrant student who departs the United States after the effective date of this notice in the 
                    <E T="04">Federal Register</E>
                     and who needs to obtain a new F-1 visa before returning to the United States to continue an educational program?
                </HD>
                <P>Yes. This notice applies to such an F-1 nonimmigrant student, but only if the DSO has properly notated the student's SEVIS record, which will then appear on the student's Form I-20. The normal rules for visa issuance remain applicable to a nonimmigrant who needs to apply for a new F-1 visa to continue an educational program in the United States.</P>
                <HD SOURCE="HD1">Does this notice apply to elementary school, middle school, and high school students in F-1 status?</HD>
                <P>Yes. However, this notice does not by itself reduce the required course load for F-1 nonimmigrant students from Yemen enrolled in kindergarten through grade 12 at a private school, or grades 9 through 12 at a public high school. Such students must maintain the minimum number of hours of class attendance per week prescribed by the academic institution for normal progress toward graduation, as required under 8 CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory requirements related to employment through this notice is applicable to all eligible F-1 nonimmigrant students regardless of educational level. Eligible F-1 nonimmigrant students from Yemen enrolled in an elementary school, middle school, or high school may benefit from the suspension of the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus employment to 20 hours per week while school is in session.</P>
                <HD SOURCE="HD1">On-Campus Employment Authorization</HD>
                <HD SOURCE="HD1">Will an F-1 nonimmigrant student who receives on-campus employment authorization under this notice be authorized to work more than 20 hours per week while school is in session?</HD>
                <P>Yes. For an F-1 nonimmigrant student covered in this notice, the Secretary is suspending the applicability of the requirement in 8 CFR 214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus employment to 20 hours per week while school is in session. An eligible F-1 nonimmigrant student has authorization to work more than 20 hours per week while school is in session if the DSO has entered the following statement in the remarks field of the student's SEVIS record, which will be reflected on the student's Form I-20:</P>
                <EXTRACT>
                    <P>
                        Approved for more than 20 hours per week of on-campus employment and reduced course load, under the Special Student Relief authorization from [DSO must insert the beginning date of this notice or the beginning date of the student's employment, whichever date is later] until [DSO must insert the student's program end date or the end date of this notice, whichever date comes first].
                        <SU>37</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>37</SU>
                             Because the suspension of requirements under this notice applies throughout an academic term during which the suspension is in effect, DHS considers an F-1 nonimmigrant student who engages in a reduced course load or employment (or both) after this notice is effective to be engaging in a “full course of study,” 
                            <E T="03">see</E>
                             8 CFR 214.2(f)(6), and eligible for employment authorization, through the end of any academic term for which such student is matriculated as of March 3, 2026, provided the 
                            <PRTPAGE/>
                            student satisfies the minimum course load requirements in this notice.
                        </P>
                    </FTNT>
                </EXTRACT>
                <PRTPAGE P="56763"/>
                <P>To obtain on-campus employment authorization, the F-1 nonimmigrant student must demonstrate to the DSO that the employment is necessary to avoid severe economic hardship directly resulting from the current crisis in Yemen. An F-1 nonimmigrant student authorized by the DSO to engage in on-campus employment by means of this notice does not need to file any applications with U.S. Citizenship and Immigration Services (USCIS). The standard rules permitting full-time on-campus employment when school is not in session or during school vacations apply, as described in 8 CFR 214.2(f)(9)(i).</P>
                <HD SOURCE="HD1">Will an F-1 nonimmigrant student who receives on-campus employment authorization under this notice have authorization to reduce the normal course load and still maintain his or her F-1 nonimmigrant student status?</HD>
                <P>
                    Yes. DHS will deem an F-1 nonimmigrant student who receives on-campus employment authorization under this notice to be engaged in a “full course of study” 
                    <SU>38</SU>
                    <FTREF/>
                     for the purpose of maintaining their F-1 nonimmigrant student status for the duration of the on-campus employment, if the student satisfies the minimum course load requirement described in this notice, consistent with 8 CFR 214.2(f)(6)(i)(F). However, the authorization to reduce the normal course load is solely for DHS purposes of determining valid F-1 nonimmigrant student status. Nothing in this notice mandates that school officials allow an F-1 nonimmigrant student to take a reduced course load if the reduction would not meet the academic institution's minimum course load requirement for continued enrollment.
                    <SU>39</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         
                        <E T="03">See</E>
                         8 CFR 214.2(f)(6).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         Minimum course load requirement for enrollment in a school must be established in a publicly available document (
                        <E T="03">e.g.,</E>
                         catalog, website, or operating procedure), and it must be a standard applicable to all students (U.S. citizens and foreign students) enrolled at the school.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Off-Campus Employment Authorization</HD>
                <HD SOURCE="HD1">What regulatory requirements does this notice temporarily suspend relating to off-campus employment?</HD>
                <P>For an F-1 nonimmigrant student covered by this notice, as provided under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the following regulatory requirements relating to off-campus employment:</P>
                <P>(a) The requirement that a student must have been in F-1 nonimmigrant student status for one full academic year to be eligible for off-campus employment;</P>
                <P>(b) The requirement that an F-1 nonimmigrant student must demonstrate that acceptance of employment will not interfere with the student's carrying a full course of study;</P>
                <P>(c) The requirement that limits an F-1 nonimmigrant student's employment authorization to no more than 20 hours per week of off-campus employment while the school is in session; and</P>
                <P>(d) The requirement that the student demonstrate that employment under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to meet the needs that have arisen as a result of the unforeseen circumstances.</P>
                <HD SOURCE="HD1">Will an F-1 nonimmigrant student who receives off-campus employment authorization under this notice have authorization to reduce the normal course load and still maintain F-1 nonimmigrant status?</HD>
                <P>
                    Yes. DHS will deem an F-1 nonimmigrant student who receives off-campus employment authorization by means of this notice to be engaged in a “full course of study” 
                    <SU>40</SU>
                    <FTREF/>
                     for the purpose of maintaining F-1 nonimmigrant student status for the duration of the student's employment authorization if the student satisfies the minimum course load requirement described in this notice, consistent with 8 CFR 214.2(f)(6)(i)(F). The authorization for a reduced course load is solely for DHS purposes of determining valid F-1 nonimmigrant student status. Nothing in this notice mandates that school officials allow an F-1 nonimmigrant student to take a reduced course load if such reduced course load would not meet the school's minimum course load requirement.
                    <SU>41</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         
                        <E T="03">See</E>
                         8 CFR 214.2(f)(6).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         Minimum course load requirement for enrollment in a school must be established in a publicly available document (
                        <E T="03">e.g.,</E>
                         catalog, website, or operating procedure), and it must be a standard applicable to all students (U.S. citizens and foreign students) enrolled at the school.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">How may an eligible F-1 nonimmigrant student obtain employment authorization for off-campus employment with a reduced course load under this notice?</HD>
                <P>
                    An F-1 nonimmigrant student must file a Form I-765, Application for Employment Authorization, with USCIS to apply for off-campus employment authorization based on severe economic hardship directly resulting from the current crisis in Yemen.
                    <SU>42</SU>
                    <FTREF/>
                     Filing instructions are located at 
                    <E T="03">https://www.uscis.gov/i-765.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         
                        <E T="03">See</E>
                         8 CFR 274a.12(c)(3)(iii).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Fee considerations.</E>
                     Submission of a Form I-765 currently requires payment of a $520 fee. An applicant who is unable to pay the fee may submit a completed Form I-912, Request for Fee Waiver, along with the Form I-765, Application for Employment Authorization. 
                    <E T="03">See https://www.uscis.gov/i-912.</E>
                     The submission must include an explanation about why USCIS should grant the fee waiver and the reason(s) for the inability to pay, and any evidence to support the reason(s). 
                    <E T="03">See</E>
                     8 CFR 106.2 and 106.3.
                </P>
                <P>
                    <E T="03">Supporting documentation.</E>
                     An F-1 nonimmigrant student seeking off-campus employment authorization due to severe economic hardship must demonstrate the following to their DSO:
                </P>
                <P>(1) This employment is necessary to avoid severe economic hardship; and</P>
                <P>(2) The hardship is a direct result of the current crisis in Yemen.</P>
                <P>If the DSO agrees that the F-1 nonimmigrant student is entitled to receive such employment authorization, the DSO must recommend application approval to USCIS by entering the following statement in the remarks field of the student's SEVIS record, which will then appear on that student's Form I-20:</P>
                <EXTRACT>
                    <P>
                        Recommended for off-campus employment authorization in excess of 20 hours per week and reduced course load under the Special Student Relief authorization from the date of the USCIS authorization noted on Form I-766 until [DSO must insert the program end date or the end date of this notice, whichever date comes first].
                        <SU>43</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>43</SU>
                             Because the suspension of requirements under this notice applies throughout an academic term during which the suspension is in effect, DHS considers an F-1 nonimmigrant student who engages in a reduced course load or employment (or both) after this notice is effective to be engaging in a “full course of study,” 
                            <E T="03">see</E>
                             8 CFR 214.2(f)(6), and eligible for employment authorization, through the end of any academic term for which such student is matriculated as of March 3, 2026, provided the student satisfies the minimum course load requirements in this notice.
                        </P>
                    </FTNT>
                </EXTRACT>
                <P>The F-1 nonimmigrant student must then file the properly endorsed Form I-20 and Form I-765 according to the instructions for the Form I-765. The F-1 nonimmigrant student may begin working off campus only upon receipt of the EAD from USCIS.</P>
                <P>
                    <E T="03">DSO recommendation.</E>
                     In making a recommendation that an F-1 nonimmigrant student be approved for Special Student Relief, the DSO certifies that:
                </P>
                <P>
                    (a) The F-1 nonimmigrant student is in good academic standing and is carrying a “full course of study” 
                    <SU>44</SU>
                    <FTREF/>
                     at the 
                    <PRTPAGE P="56764"/>
                    time of the request for employment authorization;
                </P>
                <FTNT>
                    <P>
                        <SU>44</SU>
                         
                        <E T="03">See</E>
                         8 CFR 214.2(f)(6).
                    </P>
                </FTNT>
                <P>(b) The F-1 nonimmigrant student is a citizen of Yemen, regardless of country of birth (or an individual having no nationality who last habitually resided in Yemen), and is experiencing severe economic hardship as a direct result of the current crisis in Yemen, as documented on the Form I-20;</P>
                <P>
                    (c) The F-1 nonimmigrant student has confirmed that the student will comply with the reduced course load requirements of this notice and register for the duration of the authorized employment for a minimum of six semester or quarter hours of instruction per academic term if at the undergraduate level, or for a minimum of three semester or quarter hours of instruction per academic term if the student is at the graduate level; 
                    <SU>45</SU>
                    <FTREF/>
                     and
                </P>
                <FTNT>
                    <P>
                        <SU>45</SU>
                         8 CFR 214.2(f)(5)(v).
                    </P>
                </FTNT>
                <P>(d) The off-campus employment is necessary to alleviate severe economic hardship to the individual as a direct result of the current crisis in Yemen.</P>
                <P>
                    <E T="03">Processing.</E>
                     To facilitate prompt adjudication of the student's application for off-campus employment authorization under 8 CFR 214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the following:
                </P>
                <P>(a) Ensure that the application package includes the following documents:</P>
                <P>(1) A completed Form I-765 with all applicable supporting evidence;</P>
                <P>(2) The required fee or properly documented fee waiver request as defined in 8 CFR 106.2 and 106.3; and</P>
                <P>(3) A signed and dated copy of the student's Form I-20 with the appropriate DSO recommendation, as previously described in this notice; and</P>
                <P>
                    (b) Send the application in an envelope which is clearly marked on the front of the envelope, bottom right-hand side, with the phrase “SPECIAL STUDENT RELIEF.” 
                    <SU>46</SU>
                    <FTREF/>
                     Failure to include this notation may result in significant processing delays.
                </P>
                <FTNT>
                    <P>
                        <SU>46</SU>
                         Guidance for direct filing addresses can be found here: 
                        <E T="03">https://www.uscis.gov/i-765-addresses.</E>
                    </P>
                </FTNT>
                <P>If USCIS approves the student's Form I-765, USCIS will send the student a Form I-766 EAD as evidence of employment authorization. The EAD will contain an expiration date that does not exceed the end of the granted temporary relief.</P>
                <HD SOURCE="HD1">Temporary Protected Status (TPS) Considerations</HD>
                <HD SOURCE="HD1">Can an F-1 nonimmigrant student apply for TPS and for benefits under this notice at the same time?</HD>
                <P>
                    Yes. An F-1 nonimmigrant student who has not yet applied for TPS or for other relief that reduces the student's course load per term and permits an increased number of work hours per week, such as Special Student Relief,
                    <SU>47</SU>
                    <FTREF/>
                     under this notice has two options.
                </P>
                <FTNT>
                    <P>
                        <SU>47</SU>
                         
                        <E T="03">See</E>
                         DHS Study in the States, Special Student Relief, available at 
                        <E T="03">https://studyinthestates.dhs.gov/students/special-student-relief</E>
                         (last visited Feb. 28, 2024).
                    </P>
                </FTNT>
                <P>
                    Under the first option, the F-1 nonimmigrant student may apply for TPS according to the instructions in the USCIS notice designating Yemen for TPS elsewhere in this issue of the 
                    <E T="04">Federal Register</E>
                    . All TPS applicants must file a Form I-821, Application for Temporary Protected Status, with the appropriate fee (or request a fee waiver). Although not required to do so, if F-1 nonimmigrant students want to obtain a new TPS-related EAD that is valid through March 3, 2026, and to be eligible for automatic EAD extensions that may be available to certain EADs with an A-12 or C-19 category code, they must file Form I-765 and pay the Form I-765 fee (or request a fee waiver). After receiving the TPS-related EAD, an F-1 nonimmigrant student may request that their DSO make the required entry in SEVIS and issue an updated Form I-20, which notates that the nonimmigrant student has been authorized to carry a reduced course load, as described in this notice. As long as the F-1 nonimmigrant student maintains the minimum course load described in this notice, does not otherwise violate their nonimmigrant status, including as provided under 8 CFR 214.1(g), and maintains TPS, then the student maintains F-1 status and TPS concurrently.
                </P>
                <P>
                    Under the second option, the F-1 nonimmigrant student may apply for an EAD under Special Student Relief by filing Form I-765 with the location specified in the filing instructions. At the same time, the F-1 nonimmigrant student may file a separate TPS application but must submit the Form I-821 according to the instructions provided in the 
                    <E T="04">Federal Register</E>
                     notice designating Yemen for TPS. If the F-1 nonimmigrant student has already applied for employment authorization under Special Student Relief, they are not required to submit the Form I-765 as part of the TPS application. However, some nonimmigrant students may wish to obtain a TPS-related EAD in light of certain extensions that may be available to EADs with an A-12 or C-19 category code that are not available to the C-3 category under which Special Student Relief falls. The F-1 nonimmigrant student should check the appropriate box when filling out Form I-821 to indicate whether a TPS-related EAD is being requested. Again, as long as the F-1 nonimmigrant student maintains the minimum course load described in this notice and does not otherwise violate the student's nonimmigrant status, included as provided under 8 CFR 214.1(g), the nonimmigrant will be able to maintain compliance requirements for F-1 nonimmigrant student status while having TPS.
                </P>
                <HD SOURCE="HD1">When a student applies simultaneously for TPS and benefits under this notice, what is the minimum course load requirement while an application for employment authorization is pending?</HD>
                <P>
                    The F-1 nonimmigrant student must maintain normal course load requirements for a “full course of study” 
                    <SU>48</SU>
                    <FTREF/>
                     unless or until the nonimmigrant student receives employment authorization under this notice. TPS-related employment authorization, by itself, does not authorize a nonimmigrant student to drop below twelve credit hours, or otherwise applicable minimum requirements (
                    <E T="03">e.g.,</E>
                     clock hours for non-traditional academic programs). Once approved for a TPS-related EAD and Special Student Relief employment authorization, as indicated by the DSO's required entry in SEVIS and issuance of an updated Form I-20, the F-1 nonimmigrant student may drop below twelve credit hours, or otherwise applicable minimum requirements (with a minimum of six semester or quarter hours of instruction per academic term if at the undergraduate level, or for a minimum of three semester or quarter hours of instruction per academic term if at the graduate level). 
                    <E T="03">See</E>
                     8 CFR 214.2(f)(5)(v), (f)(6), and (f)(9)(i) and (ii).
                </P>
                <FTNT>
                    <P>
                        <SU>48</SU>
                         
                        <E T="03">See</E>
                         8 CFR 214.2(f)(6).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">How does a student who has received a TPS-related EAD then apply for authorization to take a reduced course load under this notice?</HD>
                <P>
                    There is no further application process with USCIS if a student has been approved for a TPS-related EAD. The F-1 nonimmigrant student must demonstrate and provide documentation to the DSO of the direct economic hardship resulting from the current crisis in Yemen. The DSO will then verify and update the student's record in SEVIS to enable the F-1 
                    <PRTPAGE P="56765"/>
                    nonimmigrant student with TPS to reduce the course load without any further action or application. No other EAD needs to be issued for the F-1 nonimmigrant student to have employment authorization.
                </P>
                <HD SOURCE="HD1">Can a noncitizen who has been granted TPS apply for reinstatement of F-1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant student status has lapsed?</HD>
                <P>
                    Yes. Regulations permit certain students who fall out of F-1 nonimmigrant student status to apply for reinstatement. 
                    <E T="03">See</E>
                     8 CFR 214.2(f)(16). This provision may apply to students who worked on a TPS-related EAD or dropped their course load before publication of this notice, and therefore fell out of student status. These students must satisfy the criteria set forth in the F-1 nonimmigrant student status reinstatement regulations.
                </P>
                <HD SOURCE="HD1">How long will this notice remain in effect?</HD>
                <P>
                    This notice grants temporary relief until March 3, 2026,
                    <SU>49</SU>
                    <FTREF/>
                     to eligible F-1 nonimmigrant students. DHS will continue to monitor the situation in Yemen. Should the special provisions authorized by this notice need modification or extension, DHS will announce such changes in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <FTNT>
                    <P>
                        <SU>49</SU>
                         Because the suspension of requirements under this notice applies throughout an academic term during which the suspension is in effect, DHS considers an F-1 nonimmigrant student who engages in a reduced course load or employment (or both) after this notice is effective to be engaging in a “full course of study,” 
                        <E T="03">see</E>
                         8 CFR 214.2(f)(6), and eligible for employment authorization, through the end of any academic term for which such student is matriculated as of March 3, 2026, provided the student satisfies the minimum course load requirements in this notice.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Paperwork Reduction Act (PRA)</HD>
                <P>An F-1 nonimmigrant student seeking off-campus employment authorization due to severe economic hardship resulting from the current crisis in Yemen must demonstrate to the DSO that this employment is necessary to avoid severe economic hardship. A DSO who agrees that a nonimmigrant student should receive such employment authorization must recommend an application approval to USCIS by entering information in the remarks field of the student's SEVIS record. The authority to collect this information is in the SEVIS collection of information currently approved by the Office of Management and Budget (OMB) under OMB Control Number 1653-0038.</P>
                <P>This notice also allows an eligible F-1 nonimmigrant student to request employment authorization, work an increased number of hours while the academic institution is in session, and reduce their course load while continuing to maintain F-1 nonimmigrant student status.</P>
                <P>To apply for employment authorization, certain F-1 nonimmigrant students must complete and submit a currently approved Form I-765 according to the instructions on the form. OMB has previously approved the collection of information contained on the current Form I-765, consistent with the PRA (OMB Control Number 1615-0040). Although there will be a slight increase in the number of Form I-765 filings because of this notice, the number of filings currently contained in the OMB annual inventory for Form I-765 is sufficient to cover the additional filings. Accordingly, there is no further action required under the PRA.</P>
                <SIG>
                    <NAME>Alejandro Mayorkas,</NAME>
                    <TITLE>Secretary, U.S. Department of Homeland Security.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15082 Filed 7-8-24; 11:15 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>[CIS No. 2774-24; DHS Docket No. USCIS-2015-0005]</DEPDOC>
                <RIN>RIN 1615-ZB76</RIN>
                <SUBJECT>Extension and Redesignation of Yemen for Temporary Protected Status</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Temporary Protected Status (TPS) extension and redesignation.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Yemen for Temporary Protected Status (TPS) and redesignating Yemen for TPS for 18 months, beginning on September 4, 2024, and ending on March 3, 2026. This extension and redesignation allows Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since July 2, 2024, and who have been continuously physically present in the United States since September 4, 2024, to apply or re-register for TPS.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Extension and redesignation of designation of Yemen for TPS begins on September 4, 2024, and will remain in effect for 18 months. For registration instructions, see the Registration Information section below.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P/>
                    <P>• You may contact Rená Cutlip-Mason, Chief, Humanitarian Affairs Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by phone at 240-721-3000.</P>
                    <P>
                        • For more information on TPS, including guidance on the registration process and additional information on eligibility, please visit the USCIS TPS web page at 
                        <E T="03">https://www.uscis.gov/tps.</E>
                         You can find specific information about Yemen's TPS designation by selecting “Yemen” from the menu on the left side of the TPS web page.
                    </P>
                    <P>
                        • If you have additional questions about TPS, please visit 
                        <E T="03">https://uscis.gov/tools.</E>
                         Our online virtual assistant, Emma, can answer many of your questions and point you to additional information on our website. If you cannot find your answers there, you may also call our USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
                    </P>
                    <P>
                        • Applicants seeking information about the status of their individual cases may check Case Status Online, available on the USCIS website at 
                        <E T="03">uscis.gov</E>
                        , or visit the USCIS Contact Center at 
                        <E T="03">https://www.uscis.gov/contactcenter.</E>
                    </P>
                    <P>• You can also find more information at local USCIS offices after this notice is published.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Table of Abbreviations</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">BIA—Board of Immigration Appeals</FP>
                    <FP SOURCE="FP-1">CFR—Code of Federal Regulations</FP>
                    <FP SOURCE="FP-1">DHS—U.S. Department of Homeland Security</FP>
                    <FP SOURCE="FP-1">DoS—U.S. Department of State</FP>
                    <FP SOURCE="FP-1">EAD—Employment Authorization Document</FP>
                    <FP SOURCE="FP-1">FNC—Final Nonconfirmation</FP>
                    <FP SOURCE="FP-1">Form I-131—Application for Travel Document</FP>
                    <FP SOURCE="FP-1">Form I-765—Application for Employment Authorization</FP>
                    <FP SOURCE="FP-1">Form I-797—Notice of Action</FP>
                    <FP SOURCE="FP-1">Form I-821—Application for Temporary Protected Status</FP>
                    <FP SOURCE="FP-1">Form I-9—Employment Eligibility Verification</FP>
                    <FP SOURCE="FP-1">Form I-912—Request for Fee Waiver</FP>
                    <FP SOURCE="FP-1">Form I-94—Arrival/Departure Record</FP>
                    <FP SOURCE="FP-1">FR—Federal Register</FP>
                    <FP SOURCE="FP-1">Government—U.S. Government</FP>
                    <FP SOURCE="FP-1">
                        IER—U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section
                        <PRTPAGE P="56766"/>
                    </FP>
                    <FP SOURCE="FP-1">IJ—Immigration Judge</FP>
                    <FP SOURCE="FP-1">INA—Immigration and Nationality Act</FP>
                    <FP SOURCE="FP-1">SAVE—USCIS Systematic Alien Verification for Entitlements Program</FP>
                    <FP SOURCE="FP-1">Secretary—Secretary of Homeland Security</FP>
                    <FP SOURCE="FP-1">TPS—Temporary Protected Status</FP>
                    <FP SOURCE="FP-1">TTY—Text Telephone</FP>
                    <FP SOURCE="FP-1">USCIS—U.S. Citizenship and Immigration Services</FP>
                    <FP SOURCE="FP-1">U.S.C.—United States Code</FP>
                </EXTRACT>
                <HD SOURCE="HD1">Registration Information</HD>
                <P>
                    <E T="03">Extension of Designation of Yemen for TPS:</E>
                     The 18-month extension of the designation of Yemen for TPS begins on September 4, 2024, and will remain in effect for 18 months, ending on March 3, 2026. The extension allows existing TPS beneficiaries to retain TPS through March 3, 2026, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 3, 2026, must re-register during the 60-day re-registration period described in this notice.
                </P>
                <P>
                    <E T="03">Re-registration:</E>
                     The 60-day re-registration period for existing beneficiaries runs from July 10, 2024, through September 9, 2024. (Note: It is important for re-registrants to timely re-register during the re-registration period and not to wait until their Employment Authorization Documents (EADs) expire, as delaying re-registration could result in gaps in their employment authorization documentation.)
                </P>
                <P>
                    <E T="03">Redesignation of Yemen for TPS:</E>
                     The 18-month redesignation of Yemen for TPS begins on September 4, 2024, and will remain in effect for 18 months, ending on March 3, 2026. The redesignation allows individuals who do not currently have TPS to apply for TPS during the initial registration period described under the first-time registration information in this notice. In addition to demonstrating continuous residence in the United States since July 2, 2024, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since September 4, 2024, the effective date of this redesignation of Yemen for TPS.
                </P>
                <P>
                    <E T="03">First-time Registration:</E>
                     The initial registration period for new applicants under the Yemen TPS redesignation begins on July 10, 2024, and will remain in effect through March 3, 2026.
                </P>
                <HD SOURCE="HD1">Purpose of This Action (TPS)</HD>
                <P>Through this notice, DHS sets forth procedures necessary for nationals of Yemen (or individuals having no nationality who last habitually resided in Yemen) to (1) re-register for TPS and apply to renew their EAD with USCIS or (2) submit an initial registration application under the redesignation and apply for an EAD.</P>
                <P>
                    Re-registration is limited to individuals who have previously registered for TPS under the prior designation of Yemen and whose applications have been granted. If you do not re-register properly within the 60-day re-registration period, USCIS may withdraw your TPS following appropriate procedures. 
                    <E T="03">See</E>
                     8 CFR 244.14.
                </P>
                <P>
                    For individuals who have already been granted TPS under Yemen's designation, the 60-day re-registration period runs from July 10, 2024, through September 9, 2024. USCIS will issue new EADs with a March 3, 2026, expiration date to eligible Yemeni TPS beneficiaries who timely re-register and apply for EADs. Given the time frames involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants may receive a new EAD before their current EAD expires. Accordingly, through this 
                    <E T="04">Federal Register</E>
                     notice, DHS automatically extends through September 3, 2025, the validity of certain EADs previously issued under the TPS designation of Yemen. As proof of continued employment authorization through September 3, 2025, TPS beneficiaries can show their EAD with the notation A-12 or C-19 under Category and a “Card Expires” date of September 3, 2024, or March 3, 2023. This notice explains how TPS beneficiaries and their employers may determine if an EAD is automatically extended and how this affects the Form I-9, Employment Eligibility Verification, E-Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) processes.
                </P>
                <P>Individuals who have an Application for Temporary Protected Status (Form I-821) for Yemen or Application for Employment Authorization (Form I-765) that was still pending as of September 4, 2024, do not need to file either application again. If USCIS approves an individual's pending Form I-821, USCIS will grant the individual TPS through March 3, 2026. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.</P>
                <P>
                    Under the redesignation, individuals who currently do not have TPS may submit an initial application during the initial registration period that runs from July 10, 2024, through the full length of the redesignation period ending March 3, 2026. In addition to demonstrating continuous residence in the United States since July 2, 2024, and meeting other eligibility criteria, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since September 4, 2024,
                    <SU>1</SU>
                    <FTREF/>
                     the effective date of this redesignation of Yemen, before USCIS may grant them TPS. DHS estimates that approximately 1,700 individuals may become newly eligible for TPS under the redesignation of Yemen.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The “continuous physical presence” date is the effective date of the most recent TPS designation of the country, which is either the publication date of the designation announcement in the 
                        <E T="04">Federal Register</E>
                         or a later date established by the Secretary. The “continuous residence” date is any date established by the Secretary when a country is designated (or sometimes redesignated) for TPS. 
                        <E T="03">See</E>
                         INA sec. 244(b)(2)(A) (effective date of designation); 244(c)(1)(A)(i-ii) (continuous residence and continuous physical presence date requirements); 8 U.S.C. 1254a(b)(2)(A); 1254a(c)(1)(A)(i-ii).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">What is Temporary Protected Status (TPS)?</HD>
                <P>• TPS is a temporary immigration status granted to eligible nationals of a foreign state designated for TPS under the INA, or to eligible individuals without nationality who last habitually resided in the designated foreign state, regardless of their country of birth.</P>
                <P>• During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to obtain EADs if they continue to meet the requirements of TPS.</P>
                <P>• TPS beneficiaries may also apply for and be granted travel authorization as a matter of DHS discretion.</P>
                <P>• To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 1254a(c)(1)-(2).</P>
                <P>• When the Secretary terminates a foreign state's TPS designation, beneficiaries return to one of the following:</P>
                <P>○ The same immigration status or category that they maintained before TPS, if any (unless that status or category has since expired or terminated); or</P>
                <P>○ Any other lawfully obtained immigration status or category they received while registered for TPS, if it is still valid beyond the date their TPS terminates.</P>
                <HD SOURCE="HD1">When was Yemen designated for TPS?</HD>
                <P>
                    Yemen was initially designated for TPS on September 3, 2015, based on ongoing armed conflict that prevented nationals of Yemen from returning to Yemen in safety. 
                    <E T="03">See</E>
                     Designation of the Republic of Yemen for Temporary Protected Status, 80 FR 53319 (Sept. 3, 2015). In January 2017, Yemen's 
                    <PRTPAGE P="56767"/>
                    designation was extended for 18 months through September 3, 2018, and Yemen was redesignated for TPS on the dual bases of ongoing armed conflict and extraordinary and temporary conditions. 
                    <E T="03">See</E>
                     Extension and Redesignation of the Republic of Yemen for Temporary Protected Status, 82 FR 859 (Jan. 4, 2017). The Secretary extended Yemen's TPS designation in 2018 and 2020 because the statutory bases of ongoing armed conflict and extraordinary and temporary conditions persisted. 
                    <E T="03">See</E>
                     Extension of the Designation of Yemen for Temporary Protected Status, 83 FR 40307 (Aug. 14, 2018); 
                    <E T="03">see also</E>
                     Extension of the Designation of Yemen for Temporary Protected Status, 85 FR 12313 (Mar. 2, 2020). In 2021, the Secretary extended and redesignated Yemen for TPS based on ongoing armed conflict and extraordinary and temporary conditions. 
                    <E T="03">See</E>
                     Extension and Redesignation of Yemen for Temporary Protected Status, 86 FR 36295 (July 9, 2021). Most recently, the Secretary extended and redesignated Yemen for Temporary Protected Status on the bases of ongoing armed conflict and extraordinary and temporary conditions. 
                    <E T="03">See</E>
                     Extension and Redesignation of Yemen for Temporary Protected Status, 88 FR 94 (January 3, 2023).
                </P>
                <HD SOURCE="HD1">What authority does the Secretary have to extend the designation of Yemen for TPS?</HD>
                <P>
                    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with appropriate agencies of the U.S. Government, to designate a foreign state (or part thereof) for TPS if the Secretary determines that certain country conditions exist.
                    <SU>2</SU>
                    <FTREF/>
                     The decision to designate any foreign state (or part thereof) is a discretionary decision, and there is no judicial review of any determination with respect to the designation, termination, or extension of a designation. 
                    <E T="03">See</E>
                     INA sec. 244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A). The Secretary, in their discretion, may then grant TPS to eligible nationals of that foreign state (or individuals having no nationality who last habitually resided in the designated foreign state). 
                    <E T="03">See</E>
                     INA sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         INA section 244(b)(1) ascribes this power to the Attorney General. Congress transferred this authority from the Attorney General to the Secretary of Homeland Security. 
                        <E T="03">See</E>
                         Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 (2002). The Secretary may designate a country (or part of a country) for TPS on the basis of ongoing armed conflict such that returning would pose a serious threat to the personal safety of the country's nationals and habitual residents, environmental disaster (including an epidemic), or extraordinary and temporary conditions in the country that prevent the safe return of the country's nationals. For environmental disaster-based designations, certain other statutory requirements must be met, including that the foreign government must request TPS. A designation based on extraordinary and temporary conditions cannot be made if the Secretary finds that allowing the country's nationals to remain temporarily in the United States is contrary to the U.S. national interest. INA sec. 244(b)(1); 8 U.S.C. 1254a(b)(1).
                    </P>
                </FTNT>
                <P>
                    At least 60 days before the expiration of a foreign state's TPS designation or extension, the Secretary, after consultation with appropriate U.S. Government agencies, must review the conditions in the foreign state designated for TPS to determine whether they continue to meet the conditions for the TPS designation. 
                    <E T="03">See</E>
                     INA sec. 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign state continues to meet the conditions for TPS designation, the designation will be extended for an additional period of 6 months or, in the Secretary's discretion, 12 or 18 months. 
                    <E T="03">See</E>
                     INA sec. 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines that the foreign state no longer meets the conditions for TPS designation, the Secretary must terminate the designation. 
                    <E T="03">See</E>
                     INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
                </P>
                <HD SOURCE="HD1">What is the Secretary's authority to redesignate Yemen for TPS?</HD>
                <P>
                    In addition to extending an existing TPS designation, the Secretary, after consultation with appropriate Government agencies, may redesignate a country (or part thereof) for TPS. 
                    <E T="03">See</E>
                     INA sec. 244(b)(1), 8 U.S.C. 1254a(b)(1); 
                    <E T="03">see also</E>
                     INA sec. 244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i) (requiring that “the alien has been continuously physically present in the United States since the effective date of 
                    <E T="03">the most recent designation of that state</E>
                    ”) (emphasis added).
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The extension and redesignation of TPS for Yemen is one of several instances in which the Secretary and, before the establishment of DHS, the Attorney General, have simultaneously extended a country's TPS designation and redesignated the country for TPS. 
                        <E T="03">See, e.g., Extension and Redesignation of Haiti for Temporary Protected Status,</E>
                         76 FR 29000 (May 19, 2011); 
                        <E T="03">Extension and Re-designation of Temporary Protected Status for Sudan,</E>
                         69 FR 60168 (Oct. 7, 2004); 
                        <E T="03">Extension of Designation and Redesignation of Liberia Under Temporary Protected Status Program,</E>
                         62 FR 16608 (Apr. 7, 1997).
                    </P>
                </FTNT>
                <P>
                    When the Secretary designates or redesignates a country for TPS, the Secretary also has the discretion to establish the date from which TPS applicants must demonstrate that they have been “continuously resid[ing]” in the United States. 
                    <E T="03">See</E>
                     INA sec. 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the “continuous residence” date for applicants for TPS under the redesignation of Yemen will be July 2, 2024. Initial applicants for TPS under this redesignation must also show they have been “continuously physically present” in the United States since September 4, 2024, which is the effective date of the Secretary's redesignation of Yemen. 
                    <E T="03">See</E>
                     INA sec. 244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS application filed under the redesignation, USCIS cannot make the final determination of whether the applicant has met the “continuous physical presence” requirement until September 4, 2024, the effective date of this redesignation for Yemen.
                </P>
                <P>USCIS, however, will issue employment authorization documentation, as appropriate, during the registration period in accordance with 8 CFR 244.5(b).</P>
                <HD SOURCE="HD1">Why is the Secretary extending the TPS designation for Yemen and simultaneously redesignating Yemen for TPS through March 3, 2026?</HD>
                <P>DHS has reviewed conditions in Yemen. Based on the review, including input received from Department of State (DoS) and other U.S. Government agencies, the Secretary has determined that an 18-month TPS extension is warranted because the ongoing armed conflict and extraordinary and temporary conditions supporting Yemen's TPS designation remain. The Secretary has further determined that redesignating Yemen for TPS under INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted and is changing the continuous residence and continuous physical presence dates that applicants must meet to be eligible for TPS.</P>
                <HD SOURCE="HD2">Overview</HD>
                <P>
                    Yemen is currently in its tenth 
                    <SU>4</SU>
                    <FTREF/>
                     year of a protracted conflict that has resulted in high levels of food insecurity, limited access to water and medical care, and the large-scale destruction of Yemen's infrastructure.
                    <SU>5</SU>
                    <FTREF/>
                     A United Nations (UN)-
                    <PRTPAGE P="56768"/>
                    backed truce came into effect on April 2, 2022 and expired on Oct. 2, 2022.
                    <SU>6</SU>
                    <FTREF/>
                     Since its expiration, the conflict parties have largely continued to abide by the ceasefire, but the conflict continues to affect the civilian population.
                    <SU>7</SU>
                    <FTREF/>
                     Partly as a result of the conflict, Yemen continues to experience one of the largest humanitarian crises in the world; approximately 21.6 million people (about two thirds of the population) needed humanitarian assistance in 2023.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Center for Preventive Action, War in Yemen, last updated Mar. 5, 2024, available at: 
                        <E T="03">https://www.cfr.org/global-conflict-tracker/conflict/war-yemen</E>
                         (last visited Apr. 12, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         United Nations High Commissioner for Refugees, Yemen Crisis Explained, Mar. 21, 2024, available at: 
                        <E T="03">https://www.unrefugees.org/news/yemen-crisis-explained</E>
                         (last visited Mar. 25, 2024); Human Rights Watch, “Death is More Merciful Than This Life” Houthi and Yemeni Government Violations of the Right to Water in Taizz, Dec. 11, 2023, available at: 
                        <E T="03">https://www.hrw.org/report/2023/12/11/death-more-merciful-life/houthi-and-yemeni-government-violations-right-water</E>
                         (last visited Apr. 12, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         United Nations News, Yemen Truce Renewed for Another Two Months, Aug. 2, 2022, available at: 
                        <E T="03">https://news.un.org/en/story/2022/08/1123832</E>
                         (last visited Mar. 7, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Center for Preventive Action, War in Yemen, last updated Mar. 5, 2024, available at: 
                        <E T="03">https://www.cfr.org/global-conflict-tracker/conflict/war-yemen</E>
                         (last visited Apr. 12, 2024); United Nations Office for the Coordination of Humanitarian Affairs, Yemen Humanitarian Needs Overview 2024, page 15, Feb. 1, 2024, available at: 
                        <E T="03">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</E>
                         (last visited May 17, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         United Nations Population Fund, Yemen, Dec. 20, 2023, available at: 
                        <E T="03">https://www.unfpa.org/yemen#</E>
                         (last visited Feb. 29, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Armed Conflict and Security Situation</HD>
                <P>
                    The conflict between the Houthis and the Saudi-led coalition backing Yemen's internationally recognized government has directly affected the physical security of the civilian population throughout the country.
                    <SU>9</SU>
                    <FTREF/>
                     According to the Armed Conflict Location and Event Data Project (ACLED), while the truce continued to result in a significant de-escalation between the conflict parties in 2023, growing repression in Houthi-controlled areas as well as increased civilian mobility and exposure to unexploded ordnance pose a grave threat to civilian lives.
                    <SU>10</SU>
                    <FTREF/>
                     Political violence by Al-Qaeda in the Arabian Peninsula erupted in May and June 2023, resulting in heightened tensions throughout the country.
                    <SU>11</SU>
                    <FTREF/>
                     ACLED reports that the share of violent events that impacted civilians more than doubled in 2023 compared to the previous year.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Human Rights Watch, World Report 2024: Yemen, available at: 
                        <E T="03">https://www.hrw.org/world-report/2024/country-chapters/yemen</E>
                         (last visited Feb. 27, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Armed Conflict Location &amp; Event Data Project (ACLED), Yemen and the Red Sea: Rising Tensions Threaten Peace Process and International Security, Jan. 17, 2024, available at: 
                        <E T="03">https://acleddata.com/conflict-watchlist-2024/yemen/</E>
                         (last visited Mar. 18, 2024); Armed Conflict Location &amp; Event Data Project (ACLED), Violence in Yemen During the UN-Mediated Truce: April-October 2022, available at: 
                        <E T="03">https://acleddata.com/2022/10/14/violence-in-yemen-during-the-un-mediated-truce-april-october-2022/</E>
                         (last visited Mar. 18, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         Center for Preventive Action, War in Yemen, last updated Mar. 5, 2024, available at: 
                        <E T="03">https://www.cfr.org/global-conflict-tracker/conflict/war-yemen</E>
                         (last visited Apr. 12, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         Armed Conflict Location &amp; Event Data Project (ACLED), Yemen and the Red Sea: Rising Tensions Threaten Peace Process and International Security, Jan. 17, 2024, available at: 
                        <E T="03">https://acleddata.com/conflict-watchlist-2024/yemen/</E>
                         (last visited Mar. 18, 2024).
                    </P>
                </FTNT>
                <P>
                    The UN reports that Yemen “remains one of the most contaminated countries globally by landmines and explosive remnants of war and has the third highest number of casualties stemming from these threats over the past ten years.” 
                    <SU>13</SU>
                    <FTREF/>
                     Mine contamination not only endangers the lives of civilians but also presents an obstacle to sustainable solutions including internally displaced persons (IDPs) returning to their homes or settling elsewhere.
                    <SU>14</SU>
                    <FTREF/>
                     Unexploded ordnance resulted in 121 civilian casualties in the first quarter of 2023.
                    <SU>15</SU>
                    <FTREF/>
                     Approximately 300 children were killed or injured in Yemen throughout 2023, and more than half were due to landmines and unexploded ordnance.
                    <SU>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         United Nations Office for the Coordination of Humanitarian Affairs, Yemen Humanitarian Needs Overview 2024, Feb. 1, 2024, available at: 
                        <E T="03">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</E>
                         (last visited May. 17, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         Human Rights Watch, World Report 2024: Yemen, available at: 
                        <E T="03">https://www.hrw.org/world-report/2024/country-chapters/yemen</E>
                         (last visited Mar. 18, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         Save the Children, Two Children Killed and Three Injured in Yemen Landmine Explosion, Feb.14, 2024, available at: 
                        <E T="03">https://www.savethechildren.net/news/two-children-killed-and-three-injured-yemen-landmine-explosion</E>
                         (last visited Mar. 18, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Humanitarian Situation</HD>
                <P>
                    Yemen continues to experience one of the worst humanitarian crises in the world, suffering from a widespread lack of basic public services including electricity, healthcare, water, and sanitation services.
                    <SU>17</SU>
                    <FTREF/>
                     In 2023, Yemen had approximately 4.5 million IDPs (approximately 14% of the population),
                    <SU>18</SU>
                    <FTREF/>
                     including 314,000 newly displaced individuals in 2023 alone.
                    <SU>19</SU>
                    <FTREF/>
                     Over a quarter of the displaced individuals have experienced displacement more than once.
                    <SU>20</SU>
                    <FTREF/>
                     The UN also recorded approximately 77,000 Yemeni refugees and asylum-seekers in neighboring countries.
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         United Nations Children's Fund, Yemen Crisis, Feb. 16, 2024, available at 
                        <E T="03">https://www.unicef.org/emergencies/yemen-crisis</E>
                         (last visited Mar. 24, 2024); United Nations Office for the Coordination of Humanitarian Affairs, Yemen Humanitarian Needs Overview 2024, Feb. 1, 2024, available at: 
                        <E T="03">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</E>
                         (last visited May. 17, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         Yemen Humanitarian Needs Overview, OCHA, January 2024, p. 15, available at 
                        <E T="03">https://www.unocha.org/attachments/54baf3f4-a060-4ea3-b36c-c2715d233f79/Yemen%20Humanitarian%20Needs%20Overview%2024%28January%2024%29.pdf</E>
                         (last visited May 29, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         United Nations Office for the Coordination of Humanitarian Affairs, Yemen Humanitarian Needs Overview 2024, page 15, Feb. 1, 2024, available at: 
                        <E T="03">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</E>
                         (last visited May. 17, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         United Nations High Commissioner for Refugees, Refugee Data Finder, available at: 
                        <E T="03">https://www.unhcr.org/refugee-statistics/download/</E>
                        ? (last visited Feb. 27, 2024).
                    </P>
                </FTNT>
                <P>
                    Currently, 80% of the population in Yemen lives below the poverty line as the fragile economy remains on the brink of collapse.
                    <SU>22</SU>
                    <FTREF/>
                     Over 27% of the population does not have access to safe water, and approximately half of the population does not have access to enough drinking water when needed.
                    <SU>23</SU>
                    <FTREF/>
                     Food insecurity remains a severe problem throughout Yemen with approximately 17 million people considered food insecure and 3.5 million reported to be acutely malnourished.
                    <SU>24</SU>
                    <FTREF/>
                     Over 90% of the food in Yemen is imported.
                    <SU>25</SU>
                    <FTREF/>
                     In addition to serious challenges with food security, Yemen continues to suffer from a frail healthcare system.
                    <SU>26</SU>
                    <FTREF/>
                     Approximately half of all health facilities are only partially functioning or completely out of service, and Yemen continues to experience crippling disease outbreaks throughout the country.
                    <SU>27</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         United Nations Office for the Coordination of Humanitarian Affairs, Yemen Humanitarian Needs Overview 2024, page 5, Feb. 1, 2024, available at: 
                        <E T="03">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</E>
                         (last visited May. 17, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         World Food Programme, WFP Yemen—Situation Report #1, Jan. 2024, available at: 
                        <E T="03">https://api.godocs.wfp.org/api/documents/b3d2cd633e254feab7e0dfea519368e5/download/</E>
                        ? (last visited Mar. 21, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         Congressional Research Services, Yemen: Conflict, Maritime Attacks, and U.S. Policy, Feb. 26, 2024, available at: 
                        <E T="03">https://crsreports.congress.gov/product/pdf/IF/IF12581</E>
                         (last visited Mar. 21, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         World Health Organization, Eight Years of Prolonged Conflict in Yemen Leave Over 20 Million People in Need of Urgent Health Assistance, Mar. 25, 2023, available at: 
                        <E T="03">https://www.emro.who.int/media/news/eight-years-of-prolonged-conflict-in-yemen-leave-over-20-million-people-in-need-of-urgent-health-assistance.html#.</E>
                         (last visited Mar. 22, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>Based on this review and after consultation with appropriate U.S. Government agencies, the Secretary has determined that:</P>
                <P>
                    • The conditions supporting Yemen's designation for TPS continue to be met. 
                    <E T="03">See</E>
                     INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
                </P>
                <P>
                    • There continues to be an ongoing armed conflict in Yemen and, due to such conflict, requiring the return to Yemen of Yemeni nationals (or individuals having no nationality who last habitually resided in Yemen) would 
                    <PRTPAGE P="56769"/>
                    pose a serious threat to their personal safety. 
                    <E T="03">See</E>
                     INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
                </P>
                <P>
                    • There continue to be extraordinary and temporary conditions in Yemen that prevent Yemeni nationals (or individuals having no nationality who last habitually resided in Yemen) from returning to Yemen in safety, and it is not contrary to the national interest of the United States to permit Yemeni TPS beneficiaries to remain in the United States temporarily. 
                    <E T="03">See</E>
                     INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
                </P>
                <P>
                    • The designation of Yemen for TPS should be extended for an 18-month period, beginning on September 4, 2024, and ending on March 3, 2026. 
                    <E T="03">See</E>
                     INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
                </P>
                <P>
                    • Due to the conditions described above, Yemen should be simultaneously extended and redesignated for TPS beginning on September 4, 2024, and ending on March 3, 2026. 
                    <E T="03">See</E>
                     INA sec. 244(b)(1)(A) and (C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
                </P>
                <P>• For the redesignation, the Secretary has determined that TPS applicants must demonstrate that they have continuously resided in the United States since July 2, 2024.</P>
                <P>• Initial TPS applicants under the redesignation must demonstrate that they have been continuously physically present in the United States since September 4, 2024, the effective date of the redesignation of Yemen for TPS.</P>
                <P>• There are approximately 2,300 current Yemen TPS beneficiaries who are eligible to re-register for TPS under the extension.</P>
                <P>• It is estimated that approximately 1,700 additional individuals may be eligible for TPS under the redesignation of Yemen. This population includes Yemeni nationals in the United States in nonimmigrant status or without immigration status.</P>
                <HD SOURCE="HD1">Notice of the Designation of Yemen for TPS</HD>
                <P>
                    By the authority vested in me as Secretary under INA section 244, 8 U.S.C. 1254a, I have determined, after consultation with the appropriate U.S. Government agencies, the statutory conditions supporting Yemen's designation for TPS on the basis of ongoing armed conflict and extraordinary and temporary conditions are met. 
                    <E T="03">See</E>
                     INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of this determination, I am simultaneously extending the existing designation of Yemen for TPS for 18 months, beginning on September 4, 2024, and ending on March 3, 2026, and redesignating Yemen for TPS for the same 18-month period. 
                    <E T="03">See</E>
                     INA sec. 244(b)(1)(A), (b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).
                </P>
                <SIG>
                    <NAME>Alejandro N. Mayorkas,</NAME>
                    <TITLE>Secretary, U.S. Department of Homeland Security.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Eligibility and Employment Authorization for TPS</HD>
                <HD SOURCE="HD1">Required Application Forms and Application Fees To Register or Re-Register for TPS</HD>
                <P>To register or re-register for TPS based on the designation of Yemen, you must submit a Form I-821. If you are submitting an initial TPS application, you must pay the application fee for Form I-821 (or request a fee waiver, which you may submit on Form I-912, Request for Fee Waiver). If you are filing an application to re-register for TPS, you do not need to pay the application fee. Whether you are registering as an initial applicant or re-registering, you are required to pay the biometric services fee. If you cannot pay the biometric services fee, you may ask USCIS to waive the fee. Please see additional information under the “Biometric Services Fee” section of this notice.</P>
                <P>TPS beneficiaries are eligible for an EAD, which proves their authorization to work in the United States. You are not required to submit Form I-765 or have an EAD to be granted TPS, but see below for more information if you want an EAD to use as proof that you can work in the United States.</P>
                <P>Individuals who have a Yemen TPS application (Form I-821) that was still pending as of July 10, 2024, do not need to file the application again. If USCIS approves an individual's Form I-821, USCIS will grant the individual TPS through March 3, 2026.</P>
                <P>
                    For more information on the application forms and fees for TPS, please visit the USCIS TPS web page at 
                    <E T="03">https://www.uscis.gov/tps.</E>
                     Fees for the Form I-821, the Form I-765, and biometric services are also described in 8 CFR 106.2 and the fee waiver-related regulations in 8 CFR 106.3. In addition, USCIS Form G-1055, Fee Schedule, provides the current fees required for the Form I-821 and Form I-765 for both initial TPS applicants and existing TPS beneficiaries who are re-registering.
                </P>
                <HD SOURCE="HD1">How can TPS beneficiaries obtain an employment authorization document (EAD)?</HD>
                <P>Everyone must provide their employer with documentation showing that they have the legal right to work in the United States. TPS beneficiaries are eligible to obtain an EAD, which proves their legal right to work. If you want to obtain an EAD, you must file Form I-765 and pay the Form I-765 fee (or request a fee waiver, which you may submit on Form I-912). TPS applicants may file this form with their TPS application, or separately later, if their TPS application is still pending or has been approved.</P>
                <P>Beneficiaries with a Yemen TPS-related Form I-765 that was still pending as of July 10, 2024, do not need to file the application again. If USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through March 3, 2026.</P>
                <HD SOURCE="HD1">Refiling an Initial TPS Registration Application After Receiving a Denial of a Fee Waiver Request</HD>
                <P>If USCIS denies your fee waiver request, you can resubmit your TPS application. The fee waiver denial notice will contain specific instructions about resubmitting your application.</P>
                <HD SOURCE="HD1">Filing Information</HD>
                <P>USCIS offers the option to applicants for TPS under Yemen's designation to file Form I-821 and related requests for EADs online or by mail. However, if you request a fee waiver, you must submit your application by mail. When filing a TPS application, you can also request an EAD by submitting a completed Form I-765 with your Form I-821.</P>
                <P>
                    <E T="03">Online filing:</E>
                     Form I-821 and Form I-765 are available for concurrent filing online.
                    <SU>28</SU>
                    <FTREF/>
                     To file these forms online, you must first create a USCIS online account.
                    <SU>29</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         Find information about online filing at “Forms Available to File Online,” 
                        <E T="03">https://www.uscis.gov/file-online/forms-available-to-file-online.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">https://myaccount.uscis.gov/users/sign_up.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Mail filing:</E>
                     Mail your completed Form I-821; Form I-765, if applicable; Form I-912, if applicable; and supporting documentation to the proper address in Table 1—Mailing Addresses.
                    <PRTPAGE P="56770"/>
                </P>
                <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s100,r100">
                    <TTITLE>Table 1—Mailing Addresses</TTITLE>
                    <BOXHD>
                        <CHED H="1" O="L">If you are . . .</CHED>
                        <CHED H="1" O="L">Mail to . . .</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Using the U.S. Postal Service (USPS)</ENT>
                        <ENT>USCIS, Attn: TPS Yemen, P.O. Box 6943, Chicago, IL 60680-6943.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Using FedEx, UPS, or DHL</ENT>
                        <ENT>USCIS, Attn: TPS Yemen (Box 6943), 131 South Dearborn Street, 3rd Floor, Chicago, IL 60603-5517.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>If you were granted TPS by an immigration judge (IJ) or the Board of Immigration Appeals (BIA) and you wish to request an EAD, please file online or mail your Form I-765 to the appropriate address in Table 1. If you file online, please include the fee. If you file by mail, please include the fee or fee waiver request. When you request an EAD based on an IJ or BIA grant of TPS, please include with your application a copy of the order from the IJ or BIA granting you TPS. This will help us verify your grant of TPS and process your application.</P>
                <HD SOURCE="HD1">Supporting Documents</HD>
                <P>
                    The filing instructions for Form I-821 list all the documents you need to establish eligibility for TPS. You may also find information on the acceptable documentation and other requirements for applying (also called registering) for TPS on the USCIS website at 
                    <E T="03">https://www.uscis.gov/tps</E>
                     under “Yemen.”
                </P>
                <HD SOURCE="HD1">Travel</HD>
                <P>
                    TPS beneficiaries may also apply for and be granted travel authorization as a matter of discretion. You must file for travel authorization if you wish to travel outside of the United States. If USCIS grants travel authorization, it gives you permission to leave the United States and return during a specific period. To request travel authorization, you must file Form I-131, available at 
                    <E T="03">https://www.uscis.gov/i-131.</E>
                     You may file Form I-131 together with your Form I-821 or separately. When you file Form I-131, you must:
                </P>
                <P>• Select Item Number 1.d. in Part 2 on the Form I-131; and</P>
                <P>• Submit the fee for Form I-131, or request a fee waiver, which you may submit on Form I-912.</P>
                <P>If you are filing Form I-131 together with Form I-821, send your forms to the address listed in Table 1. If you are filing Form I-131 separately based on a pending or approved Form I-821, send your form to the address listed in Table 2 and include a copy of Form I-797 for your approved or pending Form I-821.</P>
                <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s100,r100">
                    <TTITLE>Table 2—Mailing Addresses</TTITLE>
                    <BOXHD>
                        <CHED H="1" O="L">If you are . . .</CHED>
                        <CHED H="1" O="L">Mail to . . .</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Filing Form I-131 together with Form I-821</ENT>
                        <ENT>The address provided in Table 1.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01" O="xl">Filing Form I-131 based on a pending or approved Form I-821, and you are using the U.S. Postal Service (USPS):</ENT>
                        <ENT>USCIS, Attn: I-131 TPS, P.O. Box 660167, Dallas, TX 75266-0867.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">You must include a copy of the Notice of Action (Form I-797C or I-797) showing USCIS accepted or approved your Form I-821</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01" O="xl">Filing Form I-131 based on a pending or approved Form I-821, and you are using FedEx, UPS, or DHL:</ENT>
                        <ENT>USCIS, Attn: I-131 TPS, 2501 S State Hwy. 121 Business, Ste. 400, Lewisville, TX 75067.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">You must include a copy of the Notice of Action (Form I-797C or I-797) showing USCIS accepted or approved your Form I-821</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Biometric Services Fee for TPS</HD>
                <P>
                    Biometrics (such as fingerprints) are required for all applicants, in addition to a biometric services fee. As previously stated, if you cannot pay the biometric services fee, you may request a fee waiver, which you may submit on Form I-912. For more information on the application forms and fees for TPS, please visit the USCIS TPS web page at 
                    <E T="03">https://www.uscis.gov/tps.</E>
                     USCIS may require you to visit an Application Support Center to have your biometrics collected. For additional information on the USCIS biometric screening process, please see the USCIS Customer Profile Management Service Privacy Impact Assessment, available at 
                    <E T="03">https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.</E>
                </P>
                <HD SOURCE="HD1">General Employment-Related Information for TPS Applicants and Their Employers</HD>
                <HD SOURCE="HD1">How can I obtain information on the status of my TPS application and EAD request?</HD>
                <P>
                    To get case status information about your TPS application, as well as the status of your TPS-based EAD request, you can check Case Status Online at 
                    <E T="03">https://uscis.gov</E>
                     or visit the USCIS Contact Center at 
                    <E T="03">https://www.uscis.gov/contactcenter.</E>
                     If you still need assistance, you may ask a question about your case online at 
                    <E T="03">https://egov.uscis.gov/e-request/Intro.do</E>
                     or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
                </P>
                <HD SOURCE="HD1">Am I eligible to receive an automatic extension of my current EAD through September 3, 2025, through this Federal Register notice?</HD>
                <P>
                    Yes. Regardless of your country of birth, if you currently have a Yemen TPS-based EAD with the notation A-12 or C-19 under Category and a “Card Expires” date of September 3, 2024, or March 3, 2023, this 
                    <E T="04">Federal Register</E>
                     notice automatically extends your EAD through September 3, 2025. Although this 
                    <E T="04">Federal Register</E>
                     notice automatically extends your EAD through September 3, 2025, you must timely re-register for TPS in accordance with the procedures described in this 
                    <E T="04">Federal Register</E>
                     notice to maintain your TPS and avoid possible gaps in your employment authorization documentation.
                </P>
                <HD SOURCE="HD1">When hired, what documentation may I show to my employer as evidence of identity and employment authorization when completing Form I-9?</HD>
                <P>
                    You can find the Lists of Acceptable Documents on Form I-9, Employment Eligibility Verification, as well as the Acceptable Documents web page at 
                    <E T="03">https://www.uscis.gov/i-9-central/acceptable-documents.</E>
                     Employers must 
                    <PRTPAGE P="56771"/>
                    complete Form I-9 to verify the identity and employment authorization of all new employees. Within three business days of hire, employees must present acceptable documents to their employers as evidence of identity and employment authorization to satisfy Form I-9 requirements.
                </P>
                <P>
                    You may present any document from List A (which provides evidence of both identity and employment authorization) or one document from List B (which provides evidence of your identity) together with one document from List C (which provides evidence of employment authorization), or you may present an acceptable receipt as described in these lists. Employers may not reject a document based on a future expiration date. You can find additional information about Form I-9 on the I-9 Central web page at 
                    <E T="03">https://www.uscis.gov/I-9Central.</E>
                     An EAD is an acceptable document under List A. See the section “How do my employer and I complete Form I-9 using my automatically extended EAD for a new job?” of this 
                    <E T="04">Federal Register</E>
                     notice for more information. If your EAD states A-12 or C-19 under Category and has a “Card Expires” date of September 3, 2024, or March 3, 2023, this 
                    <E T="04">Federal Register</E>
                     notice extends it automatically, and you may choose to present your EAD to your employer as proof of identity and employment eligibility for Form I-9 through September 3, 2025, unless your TPS has been withdrawn or your request for TPS has been denied. Your country of birth noted on the EAD does not have to reflect the TPS-designated country of Yemen for you to be eligible for this extension.
                </P>
                <HD SOURCE="HD1">What documentation may I present to my employer for Form I-9 if I am already employed but my current TPS-related EAD is set to expire?</HD>
                <P>
                    Even though we have automatically extended your EAD, your employer is required by law to ask you about your continued employment authorization. Your employer may need to reexamine your automatically extended EAD to check the “Card Expires” date and Category code if your employer did not keep a copy of your EAD when you initially presented it. Once your employer has reviewed the “Card Expires” date and Category code, they should update the EAD expiration date in Section 2 of Form I-9. See the section “What updates should my current employer make to Form I-9 if my EAD has been automatically extended?” of this 
                    <E T="04">Federal Register</E>
                     notice for more information. You may show this 
                    <E T="04">Federal Register</E>
                     notice to your employer to explain what to do for Form I-9 and to show that USCIS has automatically extended your EAD through September 3, 2025, but you are not required to do so. The last day of the automatic EAD extension is September 3, 2025. Before you start work on September 4, 2025, your employer is required by law to reverify your employment authorization on Form I-9. By that time, you must present any document from List A or any document from List C on Form I-9 Lists of Acceptable Documents, or an acceptable List A or List C receipt described in these lists to reverify employment authorization.
                </P>
                <P>Your employer may not specify which List A or List C document you must present and cannot reject an acceptable receipt.</P>
                <HD SOURCE="HD1">If I have an EAD based on another immigration status, can I obtain a new TPS-based EAD?</HD>
                <P>Yes, if you are eligible for TPS, you can obtain a new TPS-based EAD, even if you already have an EAD or work authorization based on another immigration status. If you want to obtain a new TPS-based EAD valid through March 3, 2026, you must file Form I-765 and pay the associated fee (unless USCIS grants your fee waiver request).</P>
                <HD SOURCE="HD1">Can my employer require that I provide any other documentation to complete Form I-9, such as evidence of my status, proof of my Yemeni citizenship, or a Form I-797C showing that I registered for TPS?</HD>
                <P>
                    No. When completing Form I-9, employers must accept any documentation you choose to present from the Form I-9 Lists of Acceptable Documents that reasonably appears to be genuine and that relates to you, or an acceptable List A, List B, or List C receipt. Employers may not request other documentation, such as proof of Yemeni citizenship or proof of registration for TPS, when completing Form I-9 for new hires or reverifying the employment authorization of current employees. If you present an EAD that USCIS has automatically extended, employers should accept it as a valid List A document if the EAD reasonably appears to be genuine and to relate to you. Refer to the “Note to Employees” section of this 
                    <E T="04">Federal Register</E>
                     notice for important information about your rights if your employer rejects lawful documentation, requires additional documentation, or otherwise discriminates against you based on your citizenship or immigration status or your national origin.
                </P>
                <HD SOURCE="HD1">How do my employer and I complete Form I-9 using my automatically extended EAD for a new job?</HD>
                <P>When using an automatically extended EAD to complete Form I-9 for a new job before September 4, 2025:</P>
                <P>1. For Section 1, you should:</P>
                <P>a. Check “A noncitizen authorized to work until” and enter September 3, 2025, as the “expiration date”; and</P>
                <P>b. Enter your USCIS number or A-Number where indicated. (Your EAD or other document from DHS will have your USCIS number or A-Number printed on it; the USCIS number is the same as your A-Number without the A prefix.)</P>
                <P>2. For Section 2, employers should:</P>
                <P>a. Determine whether the EAD is auto-extended by ensuring it is in category A-12 or C-19 and has a “Card Expires” date of September 3, 2024, or March 3, 2023;</P>
                <P>b. Write in the document title;</P>
                <P>c. Enter the issuing authority;</P>
                <P>d. Provide the document number; and</P>
                <P>e. Write September 3, 2025, as the expiration date.</P>
                <P>Before the start of work on September 4, 2025, employers must reverify the employee's employment authorization on Form I-9.</P>
                <HD SOURCE="HD1">What updates should my current employer make to Form I-9 if my EAD has been automatically extended?</HD>
                <P>If you presented a TPS-related EAD that was valid when you first started your job and USCIS has now automatically extended your EAD, your employer may need to re-examine your current EAD if they do not have a copy of the EAD on file. Your employer should determine whether your EAD is automatically extended by ensuring that it contains Category A-12 or C-19 and has a “Card Expires” date of September 3, 2024, or March 3, 2023. Your employer may not rely on the country of birth listed on the card to determine whether you are eligible for this extension.</P>
                <P>If your employer determines that USCIS has automatically extended your EAD, they should update Section 2 of your previously completed Form I-9 as follows:</P>
                <P>1. Write EAD EXT and September 3, 2025, as the last day of the automatic extension in the Additional Information field; and</P>
                <P>2. Initial and date the correction.</P>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P>
                        This is not considered a reverification. Employers do not reverify the employee until either the automatic extension has ended, or the employee presents a new document to show continued employment authorization, whichever is sooner. By September 4, 2025, when the 
                        <PRTPAGE P="56772"/>
                        employee's automatically extended EAD has expired, employers are required by law to reverify the employee's employment authorization on Form I-9.
                    </P>
                </NOTE>
                <HD SOURCE="HD1">If I am an employer enrolled in E-Verify, how do I verify a new employee whose EAD has been automatically extended?</HD>
                <P>
                    Employers may create a case in E-Verify for a new employee by entering the number from the Document Number field on Form I-9 into the document number field in E-Verify. Employers should enter September 3, 2025, as the expiration date for an EAD that has been extended under this 
                    <E T="04">Federal Register</E>
                     notice.
                </P>
                <HD SOURCE="HD1">If I am an employer enrolled in E-Verify, what do I do when I receive a “Work Authorization Documents Expiring” alert for an automatically extended EAD?</HD>
                <P>E-Verify automated the verification process for TPS-related EADs that are automatically extended. If you have an employee who provided a TPS-related EAD when they first started working for you, you will receive a “Work Authorization Documents Expiring” case alert when the auto-extension period for this EAD is about to expire. Before this employee starts work on September 4, 2025, you must reverify their employment authorization on Form I-9. Employers may not use E-Verify for reverification.</P>
                <HD SOURCE="HD1">Note to All Employers</HD>
                <P>
                    Employers are reminded that the laws requiring proper employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. This 
                    <E T="04">Federal Register</E>
                     notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those rules setting forth reverification requirements. For general questions about the employment eligibility verification process, employers may call USCIS at 888-464-4218 (TTY 877-875-6028) or email USCIS at 
                    <E T="03">I-9Central@uscis.dhs.gov.</E>
                     USCIS accepts calls and emails in English, Spanish, and many other languages. For questions about avoiding discrimination during the employment eligibility verification process (Form I-9 and E-Verify), employers may call the U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language interpretation in many languages. Employers may also email IER at 
                    <E T="03">IER@usdoj.gov</E>
                     or get more information online at 
                    <E T="03">https://www.justice.gov/ier.</E>
                </P>
                <HD SOURCE="HD1">Note to Employees</HD>
                <P>
                    For general questions about the employment eligibility verification process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at 
                    <E T="03">I-9Central@uscis.dhs.gov.</E>
                     USCIS accepts calls and emails in English, Spanish and many other languages. Employees or job applicants may also call the U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER) Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information regarding employment discrimination based on citizenship, immigration status, or national origin, including discrimination related to Form I-9 and E-Verify. The IER Worker Hotline provides language interpretation in many languages.
                </P>
                <P>To comply with the law, employers must accept any document or combination of documents from the Lists of Acceptable Documents if the documentation reasonably appears to be genuine and to relate to the employee, or an acceptable List A, List B, or List C receipt as described in these lists. Employers may not require extra or additional documentation other than what is required to complete Form I-9. Further, employers participating in E-Verify who receive an E-Verify case result of “Tentative Nonconfirmation” (mismatch) must promptly inform employees of the mismatch and give these employees an opportunity to resolve the mismatch. A mismatch means that the information entered into E-Verify from Form I-9 differs from records available to DHS.</P>
                <P>
                    Employers may not terminate, suspend, delay training, withhold or lower pay, or take any adverse action against an employee because of a mismatch while the case is still pending with E-Verify. A Final Nonconfirmation (FNC) case result occurs if E-Verify cannot confirm an employee's employment eligibility. An employer may terminate employment based on a case result of FNC. Work-authorized employees who receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-875-6028). For more information about E-Verify-related discrimination or to report an employer for discrimination in the E-Verify process based on citizenship, immigration status, or national origin, contact IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional information about proper nondiscriminatory Form I-9 and E-Verify procedures is available on the IER website at 
                    <E T="03">https://www.justice.gov/ier</E>
                     and the USCIS and E-Verify websites at 
                    <E T="03">https://www.uscis.gov/i-9-central</E>
                     and 
                    <E T="03">https://www.e-verify.gov.</E>
                </P>
                <HD SOURCE="HD1">Note Regarding Federal, State, and Local Government Agencies (Such as Departments of Motor Vehicles)</HD>
                <P>
                    For Federal purposes, if you present an automatically extended EAD referenced in this 
                    <E T="04">Federal Register</E>
                     notice, you do not need to show any other document, such as a Form I-797C, Notice of Action, reflecting receipt of a Form I-765 EAD renewal application or this 
                    <E T="04">Federal Register</E>
                     notice, to prove that you qualify for this extension. While Federal Government agencies must follow the guidelines laid out by the Federal Government, State and local government agencies establish their own rules and guidelines when granting certain benefits. Each state may have different laws, requirements, and determinations about what documents you need to provide to prove eligibility for certain benefits. Whether you are applying for a Federal, State, or local government benefit, you may need to provide the government agency with documents that show you are a TPS beneficiary or applicant, show you are authorized to work based on TPS or other status, or that may be used by DHS to determine if you have TPS or another immigration status. Examples of such documents are:
                </P>
                <P>• Your current EAD with a TPS category code of A-12 or C-19, even if your country of birth noted on the EAD does not reflect the TPS-designated country of Yemen;</P>
                <P>• Your Form I-94, Arrival/Departure Record;</P>
                <P>• Your Form I-797, Notice of Action, reflecting approval of your Form I-765; or</P>
                <P>• Form I-797 or Form I-797C, Notice of Action, reflecting approval or receipt of a past or current Form I-821, if you received one from USCIS.</P>
                <FP>Check with the government agency requesting documentation about which document(s) the agency will accept.</FP>
                <P>
                    Some state and local government agencies use SAVE to confirm the current immigration status of applicants for public benefits. While SAVE can verify that an individual has TPS or a pending TPS application, each agency's procedures govern whether they will accept an unexpired EAD, Form I-797, Form I-797C, or Form I-94. If an agency accepts the type of TPS-related document you present, such as an EAD, the agency should accept your automatically extended EAD, regardless of the country of birth listed on the EAD. It may assist the agency if you:
                    <PRTPAGE P="56773"/>
                </P>
                <P>
                    a. Give the agency a copy of the relevant 
                    <E T="04">Federal Register</E>
                     notice showing the extension of TPS-related documentation in addition to your recent TPS-related document with your A-Number, USCIS number, or Form I-94 number;
                </P>
                <P>b. Explain that SAVE will be able to verify the continuation of your TPS using this information; and</P>
                <P>c. Ask the agency to initiate a SAVE query with your information and follow through with additional verification steps, if necessary, to get a final SAVE response verifying your TPS.</P>
                <P>You can also ask the agency to look for SAVE notices or contact SAVE if they have any questions about your immigration status or automatic extension of TPS-related documentation. In most cases, SAVE provides an automated electronic response to benefit-granting agencies within seconds, but occasionally verification can be delayed.</P>
                <P>
                    You can check the status of your SAVE verification by using CaseCheck at 
                    <E T="03">https://www.uscis.gov/save/save-casecheck.</E>
                     CaseCheck is a free service that lets you follow the progress of your SAVE verification case using your date of birth and one immigration identifier number (such as your A-Number, USCIS number, or Form I-94 number) or Verification Case Number. If an agency has denied your application based solely or in part on a SAVE response, the agency must allow you to appeal the decision in accordance with the agency's procedures. If the agency has received and acted on or will act on a SAVE verification and you do not believe the SAVE response is correct, the SAVE website, 
                    <E T="03">https://www.uscis.gov/save,</E>
                     has detailed information on how to correct or update your immigration record, make an appointment, or submit a written request to correct records.
                </P>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15084 Filed 7-8-24; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-97-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Fish and Wildlife Service</SUBAGY>
                <DEPDOC>[Docket No. FWS-HQ-IA-2024-0118; FXIA16710900000-245-FF09A30000]</DEPDOC>
                <SUBJECT>Endangered Species; Issuance of Permits</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Fish and Wildlife Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of issuance of permits.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We, the U.S. Fish and Wildlife Service (Service), have issued permits to conduct certain activities with endangered species. We issue these permits under the Endangered Species Act (ESA).</P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Information about the applications for the permits listed in this notice is available at 
                        <E T="03">https://www.regulations.gov.</E>
                         See 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         for details.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Timothy MacDonald, by phone at 703-358-2185 or via email at 
                        <E T="03">DMAFR@fws.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>
                    We, the U.S. Fish and Wildlife Service (Service), have issued permits to conduct certain activities with endangered and threatened species in response to permit applications that we received under the authority of section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <P>After considering the information submitted with each permit application and the public comments received, we issued the requested permits subject to certain conditions set forth in each permit. For each application for an endangered species, we found that (1) the application was filed in good faith, (2) the granted permit would not operate to the disadvantage of the endangered species, and (3) the granted permit would be consistent with the purposes and policy set forth in section 2 of the ESA.</P>
                <HD SOURCE="HD1">Availability of Documents</HD>
                <P>
                    The permittees' original permit application materials, along with public comments we received during public comment periods for the applications, are available for review. To locate the application materials and received comments, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and search for the appropriate permit number (
                    <E T="03">e.g.,</E>
                     12345C) provided in table 1.
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r150,xs80">
                    <TTITLE>Table 1—Permits Issued</TTITLE>
                    <BOXHD>
                        <CHED H="1">ePermit No.</CHED>
                        <CHED H="1">Applicant</CHED>
                        <CHED H="1">Permit issuance date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">PER8631906</ENT>
                        <ENT>Tyler Zirpel</ENT>
                        <ENT>June 3, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER8710173</ENT>
                        <ENT>Ronald Carter</ENT>
                        <ENT>June 3, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER10054100</ENT>
                        <ENT>San Diego Zoo Wildlife Alliance, dba Zoological Society of San Diego</ENT>
                        <ENT>June 6, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER10046934</ENT>
                        <ENT>Lincoln Park Zoo</ENT>
                        <ENT>June 12, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER9889816</ENT>
                        <ENT>Washington University in St. Louis</ENT>
                        <ENT>June 18, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER8605010</ENT>
                        <ENT>Erich Jarvis, c/o Rockefeller University</ENT>
                        <ENT>June 25, 2024.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER9700548</ENT>
                        <ENT>Peck's Wildwood Wildlife Park and Nature Center</ENT>
                        <ENT>June 25, 2024.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority</HD>
                <P>
                    We issue this notice under the authority of the Endangered Species Act, as amended (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ), and its implementing regulations.
                </P>
                <SIG>
                    <NAME>Timothy MacDonald,</NAME>
                    <TITLE>Government Information Specialist, Branch of Permits, Division of Management Authority.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15088 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4333-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Fish and Wildlife Service</SUBAGY>
                <DEPDOC>[Docket No. FWS-R8-ES-2024-0076; FF08ESMF00-245-FXES11140800000]</DEPDOC>
                <SUBJECT>Pelicans Jaw Hybrid Solar Project, Kern County, CA; Draft Categorical Exclusion and Draft Habitat Conservation Plan</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Fish and Wildlife Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability; request for public comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        We, the Fish and Wildlife Service (Service), announce receipt of an application from Pelicans Jaw Solar, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed San Joaquin kit fox and blunt-nosed leopard lizard, as well as two other unlisted species should they become listed, 
                        <PRTPAGE P="56774"/>
                        incidental to development activities in Kern County, California. We request public comment on the application, which includes the applicant's proposed habitat conservation plan, and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We must receive your written comments on or before August 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Obtaining Documents:</E>
                         The documents this notice announces, as well as any comments and other materials that we receive, will be available for public inspection online in Docket No. FWS-R8-ES-2024-0076 at 
                        <E T="03">https://www.regulations.gov.</E>
                    </P>
                    <P>
                        <E T="03">Submitting Comments:</E>
                         If you wish to submit comments on any of the documents, you may do so in writing by one of the following methods.
                    </P>
                    <P>
                        • 
                        <E T="03">Internet:</E>
                         Submit comments at 
                        <E T="03">https://www.regulations.gov</E>
                         under Docket No. FWS-R8-ES-2024-0076.
                    </P>
                    <P>
                        • 
                        <E T="03">U.S. Mail:</E>
                         Public Comments Processing, Attn: Docket No. FWS-R8-ES-2024-0076; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
                    </P>
                    <P>
                        For more information, see Public Comments under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Justin Sloan, San Joaquin Valley Division Supervisor, Sacramento Fish and Wildlife Office, by phone at 916-414-6600. 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 (Service), announce receipt of an application from Pelicans Jaw Solar, LLC (applicant) for a 39-year incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ). The applicant requests the ITP to take the federally endangered San Joaquin kit fox (
                    <E T="03">Vulpes macrotis mutica</E>
                    ) and blunt-nosed leopard lizard (
                    <E T="03">Gambelia sila</E>
                    ) incidental to development activities in Kern County, California. The ITP would also cover the proposed threatened western spadefoot (
                    <E T="03">Spea hammondii</E>
                    ) and unlisted burrowing owl (
                    <E T="03">Athene cunicularia</E>
                    ), should either species become federally listed during the term of the habitat conservation plan (HCP). We request public comment on the application, which includes the applicant's HCP, and on the Service's preliminary determination that this proposed ITP qualifies as low effect, and may qualify for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations (40 CFR 1501.4), the Department of the Interior's (DOI) NEPA regulations (43 CFR 46), and the DOI's Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review.
                </P>
                <HD SOURCE="HD1">Background Information</HD>
                <P>
                    Section 9 of the ESA (16 U.S.C. 1531-1544 
                    <E T="03">et seq.</E>
                    ) and Federal regulations (50 CFR 17) prohibit the taking of fish and wildlife species listed as endangered or threatened under section 4 of the ESA. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, respectively. For more about the Federal habitat conservation plan (HCP) program, go to 
                    <E T="03">https://www.fws.gov/service/habitat-conservation-plans.</E>
                </P>
                <HD SOURCE="HD1">Proposed Action</HD>
                <P>
                    Under the Proposed Action, the Service would issue an ITP to the applicant for a period of 39 years for certain covered activities (described below). The applicant has requested an ITP for the federally endangered San Joaquin kit fox (
                    <E T="03">Vulpes macrotis mutica</E>
                    ) and blunt-nosed leopard lizard (
                    <E T="03">Gambelia sila</E>
                    ). The ITP would also cover the proposed threatened western spadefoot (
                    <E T="03">Spea hammondii</E>
                    ) and unlisted burrowing owl (
                    <E T="03">Athene cunicularia</E>
                    ), should either become federally listed during the term of the HCP.
                </P>
                <HD SOURCE="HD2">Habitat Conservation Plan Area</HD>
                <P>The geographic scope of the draft HCP encompasses 3,260 acres (ac) in northwestern Kern County where the development will occur, and 3,993 ac in northwestern Kern County that will be used to mitigate impacts from HCP covered activities.</P>
                <HD SOURCE="HD2">Covered Activities</HD>
                <P>The proposed section 10 ITP would allow incidental take of the covered species from covered activities in the proposed HCP area. The applicant is requesting incidental take authorization for covered activities, including site preparation, infrastructure development, construction, operations and maintenance, and decommissioning. The applicant is proposing to implement a number of project design features, including best management practices, as well as general and species-specific avoidance and minimization measures to minimize the impacts of the take from the covered activities.</P>
                <HD SOURCE="HD1">Public Comments</HD>
                <P>We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party. We particularly seek comments on the following:</P>
                <P>• Biological information concerning the species.</P>
                <P>• Relevant data concerning the species.</P>
                <P>• Additional information concerning the range, distribution, population size, and population trends of the species.</P>
                <P>• Current or planned activities in the area and their possible impacts on the species.</P>
                <P>• The presence of archeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns, which are required to be considered in project planning by the National Historic Preservation Act.</P>
                <P>• Any other environmental issues that should be considered with regard to the proposed development and permit action.</P>
                <HD SOURCE="HD1">Public Availability of Comments</HD>
                <P>Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—might 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>
                <HD SOURCE="HD1">Our Preliminary Determination</HD>
                <P>
                    The Service has made a preliminary determination that the applicant's proposed project would individually and cumulatively have a minor effect on the covered species and the human 
                    <PRTPAGE P="56775"/>
                    environment. Therefore, we have preliminarily determined that the proposed ESA section 10(a)(1)(B) permit would be a low-effect ITP that individually or cumulatively would have a minor effect on the species and may qualify for application of a categorical exclusion pursuant to the Council on Environmental Quality's NEPA regulations, DOI's NEPA regulations, and the DOI Departmental Manual. A low-effect ITP is one that would result in (1) minor or nonsignificant effects on species covered in the HCP; (2) nonsignificant effects on the human environment; and (3) impacts that, when added together with the impacts of other past, present, and reasonably foreseeable actions, would not result in significant cumulative effects to the human environment.
                </P>
                <HD SOURCE="HD1">Next Steps</HD>
                <P>Issuance of an incidental take permit is a Federal proposed action subject to compliance with NEPA and section 7 of the ESA. We will evaluate the application, associated documents, and any public comments we receive as part of our NEPA compliance process to determine whether the application meets the requirements of section 10(a) of the ESA. If we determine that those requirements are met, we will conduct an intra-Service consultation under section 7 of the ESA for the Federal action for the potential issuance of an ITP. If the intra-Service consultation confirms that issuance of the ITP will not jeopardize the continued existence of any endangered or threatened species, or destroy or adversely modify critical habitat, we will issue a permit to the applicant for the incidental take of the covered species.</P>
                <HD SOURCE="HD1">Authority</HD>
                <P>
                    We provide this notice under section 10(c) of the Endangered Species Act (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ) and its implementing regulations (50 CFR 17.22) and the National Environmental Policy Act (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ) and its implementing regulations (40 CFR 1500-1508 and 43 CFR 46).
                </P>
                <SIG>
                    <NAME>Michael Fris,</NAME>
                    <TITLE>Field Supervisor, Sacramento Fish and Wildlife Office.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15089 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4333-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Fish and Wildlife Service</SUBAGY>
                <DEPDOC>[Docket No. FWS-R8-ES-2024-0120; FXES11140800000-245-FF08ESMF00]</DEPDOC>
                <SUBJECT>Draft Environmental Assessment and Proposed Pacific Gas and Electric Valley Elderberry Longhorn Beetle Operation and Maintenance Habitat Conservation Plan</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Fish and Wildlife Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability; request for public comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We, the U.S. Fish and Wildlife Service, announce receipt of an application from Pacific Gas and Electric for an incidental take permit for the Valley Elderberry Longhorn Beetle Operation and Maintenance Habitat Conservation Plan. Under the Endangered Species Act and National Environmental Policy Act, we are making available the applicant's draft habitat conservation plan and our draft environmental assessment. We invite the public and local, State, Tribal, and Federal agencies to comment on the documents. Before issuing a requested permit, 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 your written comments on or before August 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Obtaining Documents:</E>
                         The incidental take permit application, draft environmental assessment (EA), draft habitat conservation plan (plan), and any comments and other materials that we receive are available for public inspection at 
                        <E T="03">https://www.regulations.gov</E>
                         in Docket No. FWS-R8-ES-2024-0120.
                    </P>
                    <P>
                        <E T="03">Submitting Comments:</E>
                         To send written comments, please use one of the following methods, and note that your information requests or comments are in reference to the draft EA, draft plan, or both.
                    </P>
                    <P>
                        • 
                        <E T="03">Internet:</E>
                         Submit comments at 
                        <E T="03">https://www.regulations.gov</E>
                         at Docket No. FWS-R8-ES-2024-0120.
                    </P>
                    <P>
                        • 
                        <E T="03">U.S. Mail:</E>
                         Public Comments Processing, Attn: Docket No. FWS-R8-ES-2024-0120; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
                    </P>
                    <P>
                        For more information, see Public Comments under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Wendy Prestera, Senior Wildlife Biologist, or Jennifer Hobbs, Supervisor, Military and Waterway Planning Division, Sacramento Fish and Wildlife Office, by phone at 916-414-6675. 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 (Service), announce receipt of an application from Pacific Gas and Electric (PG&amp;E) for a 30-year incidental take permit for the Valley Elderberry Longhorn Beetle Operation and Maintenance Habitat Conservation Plan (plan). The draft plan covers operations and maintenance activities and minor new construction projects that impact valley elderberry longhorn beetle (
                    <E T="03">Desmocerus californicus dimorphus;</E>
                     beetle) and its habitat. PG&amp;E has three other habitat conservation plans permitted between 2007 and 2020; the draft plan would fill gaps in coverage for the beetle and span all or portions of 12 counties in California.
                </P>
                <P>
                    We also make available the draft environmental assessment (EA), prepared pursuant to the National Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ), and its implementing regulations in the Code of Federal Regulations (CFR) at 40 CFR 1506.6. The draft EA evaluates the impacts of the proposed action and the no-action alternative. The Service also considered four other alternatives, but these were eliminated from further consideration because they did not meet the purpose and need of the proposed action or the applicant's objectives.
                </P>
                <HD SOURCE="HD1">Background Information</HD>
                <P>
                    Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1538) and Federal regulations (50 CFR 17) prohibit the taking of fish and wildlife species listed as endangered or threatened under section 4 of the ESA. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, respectively. For more about the Federal habitat conservation plan (HCP) program, go to 
                    <E T="03">https://www.fws.gov/service/habitat-conservation-plans.</E>
                </P>
                <HD SOURCE="HD1">National Environmental Policy Act Compliance</HD>
                <P>
                    The proposed issuance of a permit triggers the need for compliance with NEPA. The draft EA was prepared to 
                    <PRTPAGE P="56776"/>
                    analyze the impacts of issuing an incidental take permit based on the draft plan; to inform the public of the proposed action, any alternatives, and associated impacts; and to disclose any irreversible commitments of resources.
                </P>
                <HD SOURCE="HD1">Proposed Action</HD>
                <P>The proposed action is the Service's issuance of an incidental take permit for a period of 30 years for covered species that could be affected by PG&amp;E's operations and maintenance activities and minor new construction (covered activities). The valley elderberry longhorn beetle, federally listed as threatened, is the only species included as a covered species in the draft plan. The permit is requested to fill gaps in coverage from PG&amp;E's three other habitat conservation plans, which include coverage for other federally listed species that occur in the plan area. Measures outlined in these three other plans will continue to be implemented along with the measures included in the draft plan in areas where multiple plans overlap. The goal of PG&amp;E's overall program for the draft plan is to avoid, minimize, and mitigate temporary and permanent impacts to the beetle and its habitat resulting from covered activities.</P>
                <P>Covered activities will occur in all or part of the following 12 California counties: Solano, Contra Costa, San Joaquin, Alameda, Stanislaus, Merced, Napa, Santa Clara, San Benito, Fresno, Mariposa and Madera. The total plan area is approximately 477,646 acres. It includes PG&amp;E gas and electric transmission and distribution facilities plus rights-of-way, the lands owned by PG&amp;E or subject to PG&amp;E easements to maintain these facilities, private and public access routes associated with PG&amp;E's routine maintenance, a buffer around the rights of way, areas of minor new construction, and mitigation areas acquired to mitigate effects resulting from covered activities.</P>
                <HD SOURCE="HD1">Public Comments</HD>
                <P>We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice, the draft EA, and the draft plan. We particularly seek comments on the following:</P>
                <P>1. Biological information concerning the species;</P>
                <P>2. Relevant data concerning the species;</P>
                <P>3. Additional information concerning the range, distribution, population size, and population trends of the species;</P>
                <P>4. Current or planned activities in the area and their possible impacts on the species;</P>
                <P>5. The presence of archeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns, which are required to be considered in project planning by the National Historic Preservation Act; and</P>
                <P>6. Any other environmental issues that should be considered with regard to the proposed development and permit action.</P>
                <HD SOURCE="HD1">Public Availability of Comments</HD>
                <P>Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—might 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>
                <HD SOURCE="HD1">Authority</HD>
                <P>
                    We publish this notice under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ), and its implementing regulations at 40 CFR 1500-1508, as well as in compliance with section 10(c) of the Endangered Species Act (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ) and its implementing regulations at 50 CFR 17.22 and 17.32.
                </P>
                <SIG>
                    <NAME>Michael Fris,</NAME>
                    <TITLE>Field Supervisor, Sacramento Fish and Wildlife Office.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15085 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4333-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation Nos. 701-TA-690-691, 731-TA-1619-1625 and 731-TA-1627 (Final)]</DEPDOC>
                <SUBJECT>Paper Shopping Bags From Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam</SUBJECT>
                <HD SOURCE="HD1">Determinations</HD>
                <P>
                    On the basis of the record 
                    <SU>1</SU>
                    <FTREF/>
                     developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is materially injured by reason of imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, provided for in subheadings 4819.30.00 and 4819.40.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”) and subsidized by the Governments of China and India.
                    <E T="51">2 3</E>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The record is defined in § 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         89 FR 45829, 89 FR 45834 (May 24, 2024), 89 FR 45841, 89 FR 45823, 89 FR 45843, 89 FR 45826, 89 FR 45821, 89 FR 45845, 89 FR 45832, 89 FR 45839, (May 24, 2024).
                    </P>
                    <P>
                        <SU>3</SU>
                         The Commission also finds that imports subject to Commerce's affirmative critical circumstances determinations are not likely to undermine seriously the remedial effect of the countervailing duty orders on paper shopping bags from China and India, or the antidumping duty orders on paper shopping bags from Cambodia, China, Taiwan and Vietnam.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The Commission instituted these investigations effective May 31, 2023, following receipt of petitions filed with the Commission and Commerce by the Coalition for Fair Trade in Shopping Bags, a coalition whose members include Novolex Holdings, LLC, Charlotte, North Carolina, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, Pennsylvania. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of paper shopping bags from China and India were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission's investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the 
                    <E T="04">Federal Register</E>
                     of January 18, 2024 (89 FR 3424). The Commission conducted its hearing on March 14, 2024.
                </P>
                <P>
                    The investigation schedules became staggered when Commerce did not postpone its final determination for the antidumping duty investigation regarding paper shopping bags from Turkey, while it did postpone the final determinations for the countervailing duty investigations regarding paper 
                    <PRTPAGE P="56777"/>
                    shopping bags from China and India, and the antidumping duty investigations regarding paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam. On May 2, 2024, the Commission issued a final affirmative determination in its antidumping duty investigation of paper shopping bags from Turkey (89 FR 38916). Following notification of final determinations by Commerce that imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam were being sold at LTFV within the meaning of section 735(a) of the Act (19 U.S.C. 1673d(a)) and subsidized by the governments of China and India within the meaning of section 705(a) of the Act (19 U.S.C. 1671d(a)), notice of the supplemental scheduling of the final phase of the Commission's countervailing and antidumping duty investigations 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 June 3, 2024 (89 FR 47613).
                </P>
                <P>
                    The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on July 5, 2024. The views of the Commission are contained in USITC Publication 5522 (July 2024), entitled 
                    <E T="03">Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam: Investigation Nos. 701-TA-690-691, 731-TA-1619-1625 and 731-TA-1627 (Final).</E>
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: July 5, 2024.</DATED>
                    <NAME>Lisa Barton,</NAME>
                    <TITLE>Secretary to the Commission.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15181 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">JUDICIAL CONFERENCE OF THE UNITED STATES</AGENCY>
                <SUBJECT>Advisory Committee on Criminal Rules; Meeting of the Judicial Conference</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Judicial Conference of the United States.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Advisory Committee on Criminal Rules; notice of open meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Advisory Committee on Criminal Rules will hold a meeting in a hybrid format with remote attendance options on November 7, 2024 in New York, NY. The meeting is open to the public for observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: 
                        <E T="03">https://www.uscourts.gov/rules-policies/records-and-archives-rules-committees/agenda-books.</E>
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>November 7, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        H. Thomas Byron III, Esq., Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7-300, Washington, DC 20544, Phone (202) 502-1820, 
                        <E T="03">RulesCommittee_Secretary@ao.uscourts.gov.</E>
                    </P>
                    <EXTRACT>
                        <FP>(Authority: 28 U.S.C. 2073.)</FP>
                    </EXTRACT>
                    <SIG>
                        <DATED>Dated: July 5, 2024.</DATED>
                        <NAME>Shelly L. Cox,</NAME>
                        <TITLE>Management Analyst, Rules Committee Staff.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15163 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 2210-55-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">JUDICIAL CONFERENCE OF THE UNITED STATES</AGENCY>
                <SUBJECT>Advisory Committee on Evidence Rules; Meeting of the Judicial Conference</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Judicial Conference of the United States.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Advisory Committee on Evidence Rules; notice of open meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Advisory Committee on Evidence Rules will hold a meeting in a hybrid format with remote attendance options on November 8, 2024 in New York, NY. The meeting is open to the public for observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: 
                        <E T="03">https://www.uscourts.gov/rules-policies/records-and-archives-rules-committees/agenda-books.</E>
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>November 8, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        H. Thomas Byron III, Esq., Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7-300, Washington, DC 20544, Phone (202) 502-1820, 
                        <E T="03">RulesCommittee_Secretary@ao.uscourts.gov.</E>
                    </P>
                    <EXTRACT>
                        <FP>(Authority: 28 U.S.C. 2073.)</FP>
                    </EXTRACT>
                    <SIG>
                        <DATED>Dated: July 5, 2024.</DATED>
                        <NAME>Shelly L. Cox,</NAME>
                        <TITLE>Management Analyst, Rules Committee Staff.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-15164 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 2210-55-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">OFFICE OF MANAGEMENT AND BUDGET</AGENCY>
                <SUBJECT>Notice of Training Sessions: Effective Participation in the Public Comment Process With the Office of Information and Regulatory Affairs</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Management and Budget, Executive Office of the President.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of training sessions.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The notice-and-comment Federal rulemaking process allows any member of the public to submit a comment on an agency's proposed rule, and in developing any final rule the agency generally must respond to relevant and significant public comments. As part of its efforts to strengthen public engagement in the Federal regulatory process, the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will offer training sessions on effective public participation in the public comment process.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The training sessions will be held on July 18, 2024, at 3 to 3:45 p.m., Eastern Time, and July 24, 2024, at 5:30 to 6:15 p.m., Eastern Time.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Information to access the virtual training sessions will be provided upon registration. Members of the public may register by sending an email to 
                        <E T="03">publicparticipation@omb.eop.gov,</E>
                         noting the session they would like to attend.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Please email the Office of Management and Budget at 
                        <E T="03">publicparticipation@omb.eop.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P> Notice-and-comment rulemaking generally affords any interested individual or organization the opportunity to provide written input on a Federal agency's proposed rule. Agencies, in turn, are generally required to review these comments as they consider how best to finalize their regulatory proposals, and to respond to relevant and significant public comments in any subsequent final rule.</P>
                <P>
                    Interested members of the public who wish to comment, however, may not always be aware of the most effective way of participating in the notice-and-comment process. In public comments and listening sessions held prior to the release of OIRA's Memorandum, 
                    <E T="03">Broadening Public Participation and Community Engagement in the Regulatory Process,</E>
                     members of the public noted challenges they face in seeking to participate in the notice-and-
                    <PRTPAGE P="56778"/>
                    comment process.
                    <SU>1</SU>
                    <FTREF/>
                     For example, interested members of the public may lack clarity on how to write effective comments on proposed rules; what experiences, data, or information would be most helpful to provide in comments; or how to submit a public comment.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         OIRA Memorandum, 
                        <E T="03">Broadening Public Participation and Community Engagement in the Regulatory Process</E>
                         6-7 (Jul. 19, 2023), 
                        <E T="03">available at https://www.whitehouse.gov/wp-content/uploads/2023/07/Broadening-Public-Participation-and-Community-Engagement-in-the-Regulatory-Process.pdf</E>
                        .
                    </P>
                </FTNT>
                <P>
                    In response to feedback received from the public and as part of its ongoing efforts to strengthen public participation in the regulatory process, OIRA will hold two training sessions on effective participation in the public comment process. At these training sessions, OIRA will describe (1) opportunities to provide comment in the Federal regulatory process; (2) how to submit public comments; and (3) how to draft effective public comments. The training sessions will be held on July 18, 2024, at 3 to 3:45 p.m., Eastern Time, and July 24, 2024, at 5:30 to 6:15 p.m., Eastern Time. Members of the public may register by sending an email to 
                    <E T="03">publicparticipation@omb.eop.gov,</E>
                     noting which session they would like to attend.
                </P>
                <SIG>
                    <NAME>Richard L. Revesz,</NAME>
                    <TITLE>Administrator, Office of Information and Regulatory Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-14869 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3110-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</AGENCY>
                <DEPDOC>[Notice: 24-047]</DEPDOC>
                <SUBJECT>Aerospace Safety Advisory Panel; Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Aeronautics and Space Administration (NASA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Federal Advisory Committee Act, as amended, the National Aeronautics and Space Administration announces a forthcoming meeting of the Aerospace Safety Advisory Panel (ASAP). The ASAP will hold its Third Quarterly Meeting for 2024. This discussion is pursuant to carrying out its statutory duties for which the Panel reviews, identifies, evaluates, and advises on those program activities, systems, procedures, and management activities that can contribute to program risk. Priority is given to those programs that involve the safety of human flight.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Thursday, August 1, 2024, 1 p.m. to 2:30 p.m., eastern time.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Public attendance will be virtual only. See dial-in information below under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Lisa M. Hackley, ASAP Administrative Officer, NASA Headquarters, Washington, DC 20546, (202) 358-1947 or 
                        <E T="03">lisa.m.hackley@nasa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    As noted above, this meeting is only available telephonically. Any interested person must use a touch-tone phone to participate in this meeting. Any interested person may call the USA toll free conference call number 888-566-6133; passcode 8343253 and then the # sign. At the beginning of the meeting, members of the public may make a verbal presentation to the Panel limited to the subject of safety in NASA, not to exceed 5 minutes in length. To do so, members of the public must contact Ms. Lisa M. Hackley at 
                    <E T="03">lisa.m.hackley@nasa.gov</E>
                     or at (202) 358-1947 at least 48 hours in advance. Any member of the public is permitted to file a written statement with the Panel via electronic submission to Ms. Hackley at the email address previously noted. Written statements should be limited to the subject of safety in NASA.
                </P>
                <P>The agenda for the meeting includes the following topics: </P>
                <FP SOURCE="FP-1">—Updates on the International Space Station Program</FP>
                <FP SOURCE="FP-1">—Updates on the Commercial Crew Program</FP>
                <FP SOURCE="FP-1">—Updates on the Moon to Mars Program</FP>
                <P>It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants.</P>
                <SIG>
                    <NAME>Carol J. Hamilton,</NAME>
                    <TITLE>Acting Advisory Committee Management Officer, National Aeronautics and Space Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15062 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7510-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket Nos. CP2022-110; CP2024-180; MC2024-398 and CP2024-406; MC2024-399 and CP2024-407; MC2024-400 and CP2024-408; MC2024-401 and CP2024-409; MC2024-402 and CP2024-410; MC2024-403 and CP2024-411]</DEPDOC>
                <SUBJECT>New Postal Products</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Postal Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Commission is noticing a recent Postal Service filing for the Commission's consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments are due:</E>
                         July 11, 2024.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit comments electronically via the Commission's Filing Online system at 
                        <E T="03">http://www.prc.gov.</E>
                         Those who cannot submit comments electronically should contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section by telephone for advice on filing alternatives.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>David A. Trissell, General Counsel, at 202-789-6820.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Introduction</FP>
                    <FP SOURCE="FP-2">II. Docketed Proceeding(s)</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the Market Dominant or the Competitive product list, or the modification of an existing product currently appearing on the Market Dominant or the Competitive product list.</P>
                <P>Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request's acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request.</P>
                <P>
                    The public portions of the Postal Service's request(s) can be accessed via the Commission's website (
                    <E T="03">http://www.prc.gov</E>
                    ). Non-public portions of the Postal Service's request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3011.301.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See</E>
                         Docket No. RM2018-3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19-22 (Order No. 4679).
                    </P>
                </FTNT>
                <P>
                    The Commission invites comments on whether the Postal Service's request(s) 
                    <PRTPAGE P="56779"/>
                    in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern Market Dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3030, and 39 CFR part 3040, subpart B. For request(s) that the Postal Service states concern Competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3035, and 39 CFR part 3040, subpart B. Comment deadline(s) for each request appear in section II.
                </P>
                <HD SOURCE="HD1">II. Docketed Proceeding(s)</HD>
                <P>
                    1. 
                    <E T="03">Docket No(s).:</E>
                     CP2022-110; 
                    <E T="03">Filing Title:</E>
                     USPS Notice of Amendment to Priority Mail Express, Priority Mail, First-Class Package Service &amp; Parcel Select Contract 20, Filed Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     July 2, 2024; 
                    <E T="03">Filing Authority:</E>
                     39 CFR 3035.105; 
                    <E T="03">Public Representative:</E>
                     Jennaca D. Upperman; 
                    <E T="03">Comments Due:</E>
                     July 11, 2024.
                </P>
                <P>
                    2. 
                    <E T="03">Docket No(s).:</E>
                     CP2022-110; 
                    <E T="03">Filing Title:</E>
                     USPS Notice of Amendment to Priority Mail Express, Priority Mail, USPS Ground Advantage &amp; Parcel Select Contract 4, Filed Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     July 2, 2024; 
                    <E T="03">Filing Authority:</E>
                     39 CFR 3035.105; 
                    <E T="03">Public Representative:</E>
                     Jennaca D. Upperman; 
                    <E T="03">Comments Due:</E>
                     July 11, 2024.
                </P>
                <P>
                    3. 
                    <E T="03">Docket No(s).:</E>
                     MC2024-398 and CP2024-406; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 137 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     July 2, 2024; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; 
                    <E T="03">Public Representative:</E>
                     Christopher C. Mohr; 
                    <E T="03">Comments Due:</E>
                     July 11, 2024.
                </P>
                <P>
                    4. 
                    <E T="03">Docket No(s).:</E>
                     MC2024-399 and CP2024-407; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 138 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     July 2, 2024; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; 
                    <E T="03">Public Representative:</E>
                     Christopher C. Mohr; 
                    <E T="03">Comments Due:</E>
                     July 11, 2024.
                </P>
                <P>
                    5. 
                    <E T="03">Docket No(s).:</E>
                     MC2024-400 and CP2024-408; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 139 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     July 2, 2024; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; 
                    <E T="03">Public Representative:</E>
                     Alireza Motameni; 
                    <E T="03">Comments Due:</E>
                     July 11, 2024.
                </P>
                <P>
                    6. 
                    <E T="03">Docket No(s).:</E>
                     MC2024-401 and CP2024-409; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 140 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     July 2, 2024; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; 
                    <E T="03">Public Representative:</E>
                     Gregory S. Stanton; 
                    <E T="03">Comments Due:</E>
                     July 11, 2024.
                </P>
                <P>
                    7. 
                    <E T="03">Docket No(s).:</E>
                     MC2024-402 and CP2024-410; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 141 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     July 2, 2024; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; 
                    <E T="03">Public Representative:</E>
                     Gregory S. Stanton; 
                    <E T="03">Comments Due:</E>
                     July 11, 2024.
                </P>
                <P>
                    8. 
                    <E T="03">Docket No(s).:</E>
                     MC2024-403 and CP2024-411; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 142 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     July 2, 2024; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; 
                    <E T="03">Public Representative:</E>
                     Gregory S. Stanton; 
                    <E T="03">Comments Due:</E>
                     July 11, 2024.
                </P>
                <P>
                    This Notice will be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Erica A. Barker,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15071 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-FW-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 18, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 119 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-379, CP2024-387.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15143 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 25, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 126 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-387, CP2024-395.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15150 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Postal Service gives notice of filing a request with the Postal 
                        <PRTPAGE P="56780"/>
                        Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 21, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail &amp; USPS Ground Advantage® Contract 284 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-383, CP2024-391.
                </P>
                <SIG>
                    <NAME>Sean Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15168 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 17, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 118 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-376, CP2024-384.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15142 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 28, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 136 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-397, CP2024-405.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15162 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 21, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 124 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-385, CP2024-393.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15148 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 28, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 130 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-391, CP2024-399.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15156 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <PRTPAGE P="56781"/>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 28, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 133 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-394, CP2024-402.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15159 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 17, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail &amp; USPS Ground Advantage® Contract 280 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-374, CP2024-382.
                </P>
                <SIG>
                    <NAME>Sean Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15165 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 25, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 128 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-389, CP2024-397.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15154 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 25, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 125 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-386, CP2024-394.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15149 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 25, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 127 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-388, CP2024-396.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15151 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 17, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail &amp; USPS Ground Advantage® Contract 281 to Competitive Product List.</E>
                     Documents 
                    <PRTPAGE P="56782"/>
                    are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-375, CP2024-383.
                </P>
                <SIG>
                    <NAME>Sean Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15167 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 18, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 120 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-380, CP2024-388.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15144 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 17, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 117 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-373, CP2024-381.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15141 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 21, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 123 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-384, CP2024-392.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15147 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 25, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 129 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-390, CP2024-398.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15155 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 28, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 131 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-392, CP2024-400.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15157 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="56783"/>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 21, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 121 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-381, CP2024-389.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15145 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 28, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 135 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-396, CP2024-404.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15161 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 18, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail &amp; USPS Ground Advantage® Contract 282 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-377, CP2024-385.
                </P>
                <SIG>
                    <NAME>Sean Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15166 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 28, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 132 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-393, CP2024-401.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15158 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 18, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail &amp; USPS Ground Advantage® Contract 283 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-378, CP2024-386.
                </P>
                <SIG>
                    <NAME>Sean Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15153 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <PRTPAGE P="56784"/>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 28, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 134 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-395, CP2024-403.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15160 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         July 10, 2024.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean C. Robinson, 202-268-8405.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 21, 2024, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage® Contract 122 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2024-382, CP2024-390.
                </P>
                <SIG>
                    <NAME>Sean C. Robinson,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15146 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 35277; 812-15561]</DEPDOC>
                <SUBJECT>Saba Capital Income &amp; Opportunities Fund II and Saba Capital Management, L.P.</SUBJECT>
                <DATE>July 5, 2024.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of an application under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from section 19(b) of the Act and rule 19b-1 under the Act to permit registered closed-end investment companies to make periodic distributions of long-term capital gains more frequently than permitted by section 19(b) or rule 19b-1.</P>
                <PREAMHD>
                    <HD SOURCE="HED">Summary of Application:</HD>
                    <P>Applicants request an order to permit certain registered closed-end management investment companies to pay as frequently as twelve times in any one taxable year in respect of its common stock and as often as specified by, or determined in accordance with the terms of, any preferred stock issued by the investment company subject to the terms and conditions stated in the application.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Applicants:</HD>
                    <P>Saba Capital Income &amp; Opportunities Fund II and Saba Capital Management, L.P.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Filing Dates:</HD>
                    <P>The application was filed on April 10, 2024, and amended on May 29, 2024 and June 20, 2024.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Hearing or Notification of Hearing:</HD>
                    <P>
                        An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. Hearing requests should be received by the Commission by 5:30 p.m. on July 30, 2024, and should be accompanied by proof of service on the Applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary.
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Michael S. Didiuk, Schulte Roth &amp; Zabel LLP, 
                        <E T="03">Michael.didiuk@srz.com,</E>
                         with a copy to Michael D'Angelo, Saba Capital Management, L.P., 
                        <E T="03">Michael.DAngelo@sabacapital.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Trace W. Rakestraw, Senior Special Counsel, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' application, dated June 20, 2024, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field on the SEC's EDGAR system. The SEC's EDGAR system may be searched at 
                    <E T="03">https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html.</E>
                     You may also call the SEC's Public Reference Room at (202) 551-8090.
                </P>
                <SIG>
                    <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15135 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice: 12448]</DEPDOC>
                <SUBJECT>Notice of Determinations; Culturally Significant Objects Being Imported for Exhibition—Determinations: “Tamara de Lempicka” Exhibition</SUBJECT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to agreements with their foreign owners or custodians for temporary display in the exhibition “Tamara de Lempicka” at the Fine Arts Museums of San Francisco, de Young Museum, San Francisco, California; the Museum of Fine Arts, Houston, in Houston, Texas; and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </SUM>
                <FURINF>
                    <PRTPAGE P="56785"/>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Reed Liriano, Program Coordinator, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email: 
                        <E T="03">section2459@state.gov</E>
                        ). The mailing address is U.S. Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, Washington, DC 20522-0505.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, 
                    <E T="03">et seq.;</E>
                     22 U.S.C. 6501 note, 
                    <E T="03">et seq.</E>
                    ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021.
                </P>
                <SIG>
                    <NAME>Nicole L. Elkon,</NAME>
                    <TITLE>Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15064 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4710-05-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice: 12450]</DEPDOC>
                <SUBJECT>30-Day Notice of Proposed Information Collection: Border Crossing Survey—U.S. Embassy Jerusalem Reporting Form</SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of request for public comment and submission to OMB of proposed collection of information.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments up to August 9, 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>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Thales Dus, Bureau of Consular Affairs, Overseas Citizens Services (CA/OCS/MSU), U.S. Department of State, 600, 19th Street NW, Washington, DC 20522, who may be reached at mail to: 
                        <E T="03">DusT@state.gov</E>
                         or by phone at 202-485-6020.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    • 
                    <E T="03">Title of Information Collection:</E>
                     Border Crossing Survey—U.S. Embassy Jerusalem Reporting Form.
                </P>
                <P>
                    • 
                    <E T="03">OMB Control Number:</E>
                     1405-0260.
                </P>
                <P>
                    • 
                    <E T="03">Type of Request:</E>
                     Renewal of a Currently Approved Collection.
                </P>
                <P>
                    • 
                    <E T="03">Originating Office:</E>
                     Bureau of Consular Affairs, Overseas Citizens Services (CA/OCS).
                </P>
                <P>
                    • 
                    <E T="03">Form Number:</E>
                     None.
                </P>
                <P>
                    • 
                    <E T="03">Respondents:</E>
                     U.S. citizens.
                </P>
                <P>
                    • 
                    <E T="03">Estimated Number of Respondents:</E>
                     3,293.
                </P>
                <P>
                    • 
                    <E T="03">Estimated Number of Responses:</E>
                     3,293.
                </P>
                <P>
                    • 
                    <E T="03">Average Time per Response:</E>
                     20 minutes.
                </P>
                <P>
                    • 
                    <E T="03">Total Estimated Burden Time:</E>
                     1,098 hours.
                </P>
                <P>
                    • 
                    <E T="03">Frequency:</E>
                     On occasion.
                </P>
                <P>
                    • 
                    <E T="03">Obligation to Respond:</E>
                     Voluntary.
                </P>
                <P>We are soliciting public comments to permit the Department to:</P>
                <P>• Evaluate whether the proposed information collection is necessary for the proper functions of the Department.</P>
                <P>• 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.</P>
                <P>• Enhance the quality, utility, and clarity of the information to be collected.</P>
                <P>• 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>Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review.</P>
                <HD SOURCE="HD1">Abstract of Proposed Collection</HD>
                <P>The Government of Israel (GOI) and the United States signed a Memorandum of Understanding (MOU) on Extension of Reciprocal Privileges and the Visa Waiver Program (VWP) in July 2023. This collection is used to monitor the GOI's commitment to provide non-discriminatory treatment of all U.S. Citizens traveling through Israeli controlled ports of entry and checkpoints in Israel, the West Bank, and Gaza and to be able to fully assess whether Israel is meeting the VWP reciprocity requirement as laid out in the MOU. This online survey is to allow U.S. Citizens to easily and voluntarily report their experiences seeking entry into Israel, including instances of discrimination, to the U.S. Embassy in Jerusalem. U.S. Citizens complete the form electronically, allowing for immediate and automatic date collection of form responses.</P>
                <HD SOURCE="HD1">Methodology</HD>
                <P>This information will be collected via Microsoft survey.</P>
                <SIG>
                    <NAME>Elizabeth Gracon,</NAME>
                    <TITLE>Acting Deputy Assistant Secretary, Bureau of Consular Affairs/Office of Citizen Services, U.S. Department of State.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15068 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4710-06-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice: 12454]</DEPDOC>
                <SUBJECT>Biodiversity Beyond National Jurisdiction</SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of State will hold an information session regarding the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The public meeting will be held via WebEx on July 17, 2023, 2:00-3:30 p.m. EDT.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you would like to participate in this meeting, please provide your (1) name, (2) organization/affiliation, and (3) email address and phone number, to Samantha Emmert at 
                        <E T="03">emmertsa@state.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Department of State will hold a public meeting at 2:00 p.m. on Wednesday, July 17, 2024, to discuss the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). This public meeting will be held by way of WebEx, with a capacity of up to 1,000 members of the public to participate. To RSVP, participants should contact the meeting coordinator, Samantha Emmert, 
                    <PRTPAGE P="56786"/>
                    by email at 
                    <E T="03">emmertsa@state.gov</E>
                     for log on and dial-in information, and to request reasonable accommodation. Requests for reasonable accommodation received after July 16, 2024, will be considered but might not be possible to fulfill.
                </P>
                <P>
                    The BBNJ Agreement was adopted by the BBNJ Intergovernmental Conference on June 19, 2023, at the United Nations, and the United States signed the BBNJ Agreement on September 20, 2023, the day it opened for signature. In April 2024, the United Nations established a Preparatory Commission to prepare for the entry into force of the Agreement and to prepare for the convening of the first meeting of the Conference of the Parties to the Agreement. An Organizational Meeting of the Preparatory Commission was held at the United Nations June 24-26, 2024. Additional information on the BBNJ Agreement is available at 
                    <E T="03">https://www.un.org/bbnjagreement/en.</E>
                </P>
                <P>We are inviting interested U.S. persons and entities to this virtual public meeting to share views about the BBNJ Agreement. We will provide information regarding ratifications by other countries, an update on domestic processes, and a read-out from the BBNJ Preparatory Commission's Organizational Meeting. The information obtained from this session will help the U.S. government in its preparations for the next steps related to the Agreement, including engagement in the Preparatory Commission.</P>
                <P>
                    <E T="03">Authority:</E>
                     22 U.S.C. 2656.
                </P>
                <SIG>
                    <NAME>Jennifer L. Becker, </NAME>
                    <TITLE>Deputy Director, Office of Ocean and Polar Affairs, Department of State.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15140 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4710-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice: 12449]</DEPDOC>
                <SUBJECT>Notice of Department of State Sanctions Actions Pursuant to the Executive Order Reimposing Certain Sanctions With Respect to Iran</SUBJECT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of State is publishing the names of one or more persons that have been placed on the Department of the Treasury's List of Specially Designated Nationals and Blocked Persons (SDN List) administered by the Office of Foreign Assets Control (OFAC) based on the Department of State's determination, in consultation with other departments, as appropriate, that one or more applicable legal criteria of the Executive Order reimposing certain sanctions with respect to Iran 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>
                        Aaron P. Forsberg, Director, Office of Economic Sanctions Policy and Implementation, Bureau of Economic and Business Affairs, Department of State, Washington, DC 20520, tel.: (202) 647 7677, email: 
                        <E T="03">ForsbergAP@state.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Electronic Availability</HD>
                <P>
                    The SDN List and additional information concerning sanctions programs are available on OFAC's website, 
                    <E T="03">https://ofac.treasury.gov/sanctions-programs-and-country-information/iran-sanctions.</E>
                </P>
                <HD SOURCE="HD1">Notice of Department of State Actions</HD>
                <P>On June 27, 2024, the Department of State, in consultation with other departments, as appropriate, 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">Entities</HD>
                <P>1. SEA ROUTE SHIP MANAGEMENT FZE, Office E-26F-15, P1-ELOB, Hamriyah Free Zone, Sharjah, United Arab Emirates; Executive Order 13846 information: BLOCKING PROPERTY AND INTERESTS IN PROPERTY. Sec. 5(a)(iv); Identification Number IMO 6233526; License 18941 (United Arab Emirates); Economic Register Number (CBLS) 11583036 (United Arab Emirates) [IRAN-EO13846].</P>
                <P>Designated pursuant to Section 3(a)(iii) of Executive Order (E.O.) 13846, Reimposing Certain Sanctions With Respect to Iran, for having knowingly engaged in a significant transaction for the purchase, acquisition, sale, transport, or marketing of petrochemical products from Iran.</P>
                <P>2. ALMANAC SHIP MANAGEMENT LLC, Office 106, Hamsa A Building, al-Karama, Dubai, United Arab Emirates; Executive Order 13846 information: BLOCKING PROPERTY AND INTERESTS IN PROPERTY. Sec. 5(a)(iv); Identification Number IMO 6053860; License 810602 (United Arab Emirates); Economic Register Number (CBLS) 11309798 (United Arab Emirates) [IRAN-EO13846].</P>
                <P>Designated pursuant to Section 3(a)(ii) of E.O. 13846 for having knowingly engaged in a significant transaction for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran.</P>
                <P>3. AL ANCHOR SHIP MANAGEMENT FZE, Executive Office D1-323, Sheikh Rashid Bin Saeed Al Maktoum Street, Ajman Free Zone, P.O. Box 932, Ajman, United Arab Emirates; Executive Order 13846 information: BLOCKING PROPERTY AND INTERESTS IN PROPERTY. Sec. 5(a)(iv); Identification Number IMO 6298746 [IRAN-EO13846].</P>
                <P>Designated pursuant to Section 3(a)(ii) of E.O. 13846 for having knowingly engaged in a significant transaction for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran.</P>
                <HD SOURCE="HD1">Vessels</HD>
                <P>1. ASTRA (TRAA3) Chemical/Products Tanker Gabon flag; Vessel Registration Identification IMO 9162928; MMSI 626152000 (vessel) [IRAN-EO13846] (Linked To: SEA ROUTE SHIP MANAGEMENT FZE).</P>
                <P>Identified pursuant to E.O. 13846 as property in which SEA ROUTE SHIP MANAGEMENT FZE, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>2. BALTIC HORIZON (a.k.a. PETRA) (3E5422) Chemical/Products Tanker Panama flag; Vessel Registration Identification IMO 9263382; MMSI 352004038 (vessel) [IRAN-EO13846] (Linked To: SEA ROUTE SHIP MANAGEMENT FZE).</P>
                <P>Identified pursuant to E.O. 13846 as property in which SEA ROUTE SHIP MANAGEMENT FZE, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>3. NILE (a.k.a. LIA) (E5U5135) Chemical/Products Tanker Cook Islands flag; Vessel Registration Identification IMO 9411288; MMSI 518999154 (vessel) [IRAN-EO13846] (Linked To: SEA ROUTE SHIP MANAGEMENT FZE).</P>
                <P>Identified pursuant to E.O. 13846 as property in which SEA ROUTE SHIP MANAGEMENT FZE, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>4. YAMUNA (a.k.a. ARGO) (E5U5133) Oil Products Tanker Cook Islands flag; Vessel Registration Identification IMO 9572111; MMSI 518999152 (vessel) [IRAN-EO13846] (Linked To: SEA ROUTE SHIP MANAGEMENT FZE).</P>
                <P>Identified pursuant to E.O. 13846 as property in which SEA ROUTE SHIP MANAGEMENT FZE, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>
                    5. BERENICE PRIDE (3EEX7) Oil Products Tanker Panama flag; Vessel 
                    <PRTPAGE P="56787"/>
                    Registration Identification IMO 9216559; MMSI 357776000 (vessel) [IRAN-EO13846] (Linked To: ALMANAC SHIP MANAGEMENT LLC).
                </P>
                <P>Identified pursuant to E.O. 13846 as property in which ALMANAC SHIP MANAGEMENT LLC, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>6. HARMONY (D6A2833) Tug Comoros flag; Vessel Registration Identification IMO 8400945 (vessel) [IRAN-EO13846] (Linked To: ALMANAC SHIP MANAGEMENT LLC).</P>
                <P>Identified pursuant to E.O. 13846 as property in which ALMANAC SHIP MANAGEMENT LLC, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>7. EURO VIKING (V4XD4) Chemical/Oil Tanker St. Kitts and Nevis flag; Vessel Registration Identification IMO 9309239; MMSI 341729000 (vessel) [IRAN-EO13846] (Linked To: ALMANAC SHIP MANAGEMENT LLC).</P>
                <P>Identified pursuant to E.O. 13846 as property in which ALMANAC SHIP MANAGEMENT LLC, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>8. EURO FORTUNE (V4WB4) Chemical/Oil Tanker St. Kitts and Nevis flag; Vessel Registration Identification IMO 9281554; MMSI 341675000 (vessel) [IRAN-EO13846] (Linked To: ALMANAC SHIP MANAGEMENT LLC).</P>
                <P>Identified pursuant to E.O. 13846 as property in which ALMANAC SHIP MANAGEMENT LLC, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>9. ARABIAN ENERGY (3E3473) Chemical/Products Tanker Panama flag; Vessel Registration Identification IMO 9417490; MMSI 352001565 (vessel) [IRAN-EO13846] (Linked To: ALMANAC SHIP MANAGEMENT LLC).</P>
                <P>Identified pursuant to E.O. 13846 as property in which ALMANAC SHIP MANAGEMENT LLC, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>10. PARINE (8PBL8) Crude Oil Tanker Barbados flag; Vessel Registration Identification IMO 9257503; MMSI 314642000 (vessel) [IRAN-EO13846] (Linked To: AL ANCHOR SHIP MANAGEMENT FZE).</P>
                <P>Identified pursuant to E.O. 13846 as property in which AL ANCHOR SHIP MANAGEMENT FZE, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <P>11. ROAD (8PBL7) Crude Oil Tanker Barbados flag; Vessel Registration Identification IMO 9229362; MMSI 314641000 (vessel) [IRAN-EO13846] (Linked To: AL ANCHOR SHIP MANAGEMENT FZE).</P>
                <P>Identified pursuant to E.O. 13846 as property in which AL ANCHOR SHIP MANAGEMENT FZE, an entity whose property interest in property are blocked pursuant to E.O. 13846, has an interest.</P>
                <SIG>
                    <NAME>Amy E. Holman,</NAME>
                    <TITLE>Principal Deputy Assistant Secretary, Bureau of Economic and Business Affairs, Department of State.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15105 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4710-07-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Motor Carrier Safety Administration</SUBAGY>
                <DEPDOC>[Docket No. FMCSA-2014-0071]</DEPDOC>
                <SUBJECT>Hours of Service of Drivers: McKee Foods Transportation, LLC, Application for Exemption</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Motor Carrier Safety Administration (FMCSA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of application for renewal of exemption; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>FMCSA announces that it has received an application from McKee Foods Transportation, LLC (MFT) for a renewal of its exemption from the hours-of-service regulation pertaining to the use of a sleeper berth. The exemption renewal would allow MFT team drivers to continue taking the equivalent of 10 consecutive hours off duty by splitting sleeper berth time into two periods totaling 10 hours, provided neither of the two periods is less than three hours. MFT currently holds an exemption for the period April 20, 2020, through April 20, 2025. If granted, the renewal of the exemption would be in effect for a period of five years. FMCSA requests public comment on MFT's application for renewal of its exemption.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before August 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2014-0071 by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: www.regulations.gov.</E>
                         See the Public Participation and Request for Comments section below for further information.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Docket Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         Dockets Operations, 1200 New Jersey Avenue SE, West Building, Ground Floor, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         1-202-493-2251.
                    </P>
                    <P>
                        Each submission must include the Agency name and the docket number (FMCSA-2014-0071) for this notice. Note that DOT posts all comments received without change to 
                        <E T="03">www.regulations.gov,</E>
                         including any personal information included in a comment. Please see the Privacy Act heading below.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         If you do not have access to the internet, you may view the docket by visiting Docket Operations on the ground floor of DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
                    </P>
                    <P>
                        <E T="03">Privacy Act:</E>
                         In accordance with 49 U.S.C. 31315(b), DOT solicits comments from the public to better inform its exemption process. DOT posts these comments, 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">https://www.transportation.gov/privacy.</E>
                         The comments are posted without edit and are searchable by the name of the submitter.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; FMCSA; 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-4225; 
                        <E T="03">pearlie.robinson@dot.gov.</E>
                         If you have questions on viewing or submitting material to the docket, contact Dockets Services, telephone (202) 366-9826.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Public Participation and Request for Comments</HD>
                <P>FMCSA encourages you to participate by submitting comments and related materials.</P>
                <HD SOURCE="HD2">Submitting Comments</HD>
                <P>
                    If you submit a comment, please include the docket number for this notice (FMCSA-2014-0071), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an 
                    <PRTPAGE P="56788"/>
                    email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission.
                </P>
                <P>
                    To submit your comments online, go to 
                    <E T="03">www.regulations.gov</E>
                     and put the docket number, “FMCSA-2014-0071” in the “Keyword” box, and click “Search.”
                </P>
                <P>
                    When the new screen appears, click on the “Comment” button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8
                    <FR>1/2</FR>
                     by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period.
                </P>
                <HD SOURCE="HD2">Confidential Business Information (CBI)</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 (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at 
                    <E T="03">brian.g.dahlin@dot.gov.</E>
                     At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice.
                </P>
                <HD SOURCE="HD1">II. Legal Basis</HD>
                <P>
                    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the 
                    <E T="04">Federal Register</E>
                     (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request.
                </P>
                <P>
                    The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305(a)). The Agency must publish its decision in the 
                    <E T="04">Federal Register</E>
                     (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt, the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
                </P>
                <HD SOURCE="HD1">III. Applicant's Request</HD>
                <P>
                    MFT has requested a renewal of its exemption “for the maximum available period” from the sleeper berth requirements, which previously were set forth in 49 CFR 395.1(g)(1)(ii)(A)(1-2). FMCSA revised the sleeper berth provisions in 2020 so that the relevant requirements are now in 49 CFR 395.1(g)(1)(ii)(A) and (B) [85 FR 33396]. The exemption renewal would allow MFT team drivers to continue to take the equivalent of 10 consecutive hours off duty by splitting sleeper berth time into two periods totaling 10 hours, provided neither of the two periods is less than 3 hours. MFT team drivers have held exemptions since 2015.
                    <SU>1</SU>
                    <FTREF/>
                     Copies of the initial request for exemption, subsequent renewal requests, and all public comments received may be reviewed at 
                    <E T="03">www.regulations.gov.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         March 27, 2015, (80 FR 16503); April 20, 2016, (81 FR 23349); and April 20, 2020, (85 FR 21916).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Request for Comments</HD>
                <P>
                    FMCSA requests public comment from all interested persons on MFT's application to renew its exemption. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the 
                    <E T="02">Addresses</E>
                     section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable.
                </P>
                <SIG>
                    <NAME>Larry W. Minor,</NAME>
                    <TITLE>Associate Administrator for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15182 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-EX-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Railroad Administration</SUBAGY>
                <SUBJECT>Notice of Funding Opportunity for the FY 2023-FY 2024 Railroad Crossing Elimination Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Railroad Administration (FRA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of funding opportunity (NOFO or Notice).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This Notice details the application requirements and procedures to obtain grant funding for eligible projects under the Railroad Crossing Elimination Program for Fiscal Years (FY) 2023 and 2024. This Notice solicits applications for funds made available by the Infrastructure Investment and Jobs Act (IIJA). The opportunity described in this notice is made available under Assistance Listings Number 20.327, “Railroad Crossing Elimination.”</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applications for funding under this solicitation are due no later than 11:59 p.m. EST, September 23, 2024. Applications that are incomplete or received after 11:59 p.m. EST, on September 23, 2024 will not be considered for funding. See section D of this notice for additional information on the application process.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Applications must be submitted via 
                        <E T="03">www.Grants.gov.</E>
                         Only applicants who comply with all submission requirements described in this notice and submit applications through 
                        <E T="03">www.Grants.gov</E>
                         will be eligible for award.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For further information concerning this notice, please contact the FRA NOFO Support program staff via email at 
                        <E T="03">FRA-NOFO-Support@dot.gov.</E>
                         If additional assistance is needed, you may contact Ms. Jenny Zeng, Transportation Industry Analyst, at email: 
                        <E T="03">Jenny.Zeng@dot.gov</E>
                         or telephone: 857-330-2481; Stefani Gaede, Transportation Industry Analyst, at email: 
                        <E T="03">stefani.gaede@dot.gov</E>
                         or telephone: 202-940-8426; in FRA's Office of Rail Program Development.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Notice to applicants:</E>
                     FRA recommends that applicants read this notice in its entirety prior to preparing 
                    <PRTPAGE P="56789"/>
                    application materials. Definitions of key terms used throughout the NOFO are provided in section A(2) below. These key terms are capitalized throughout the NOFO. There are several administrative and specific eligibility requirements described herein with which applicants must comply. Additionally, applicants should note that the required Project Narrative component of the application package may not exceed 25 pages in length.
                </P>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">A. Program Description</FP>
                    <FP SOURCE="FP-1">B. Federal Award Information</FP>
                    <FP SOURCE="FP-1">C. Eligibility Information</FP>
                    <FP SOURCE="FP-1">D. Application and Submission Information</FP>
                    <FP SOURCE="FP-1">E. Application Review Information</FP>
                    <FP SOURCE="FP-1">F. Federal Award Administration Information</FP>
                    <FP SOURCE="FP-1">G. Federal Awarding Agency Contacts</FP>
                    <FP SOURCE="FP-1">H. Other Information</FP>
                </EXTRACT>
                <GPOTABLE COLS="2" OPTS="L2,p1,8/9,i1" CDEF="s50,r200">
                    <TTITLE>Summary Overview of Key Information: Railroad Crossing Elimination Program (RCE)</TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Issuing Agency</ENT>
                        <ENT>Federal Railroad Administration, U.S. Department of Transportation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Program Overview</ENT>
                        <ENT>The purpose of the RCE Program is to fund highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Eligible Applicants</ENT>
                        <ENT>• A State (including the District of Columbia Puerto Rico, and other United States territories and possessions).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• A political subdivision of a State.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• A federally recognized Indian Tribe.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• A unit of local government or a group of local governments.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• A public port authority.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• A metropolitan planning organization.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• A group of entities included above.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Eligible Project Types</ENT>
                        <ENT>• Grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• Track relocation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• The improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described above.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• Other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• A group of related projects described above that would collectively improve the mobility of people and goods.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>• The planning, environmental studies, and final design for a project or group of projects described above.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Funding</ENT>
                        <ENT>The total funding available for awards under this NOFO is up to $1,148,809,580.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Deadline</ENT>
                        <ENT>Deadline: No later than 11:59 p.m. EST, September 23, 2024.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">A. Program Description</HD>
                <HD SOURCE="HD2">1. Overview</HD>
                <P>The RCE Program provides a federal funding opportunity to fund highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. Such projects will improve American rail infrastructure to enhance rail safety, improve the health and safety of communities, eliminate highway-rail and pathway-rail grade crossings that are frequently blocked by trains, and reduce the impacts that freight movement and railroad operations may have on underserved communities.</P>
                <P>The purpose of this NOFO is to solicit applications for projects through the competitive RCE Program, which is authorized by the Infrastructure Investment and Jobs Act (IIJA), Sec. 22104, Public Law 117-58 (November 15, 2021), and funded by the 2023 and 2024 advance appropriations in Title VIII of Division J of the IIJA. This NOFO describes funding available, application submission requirements, and the selection and evaluation criteria for projects under the RCE Program. The RCE Program requirements are codified at 49 U.S.C. 22909.</P>
                <P>
                    This NOFO integrates FRA's Guidance on Development and Implementation of Railroad Capital Projects (Jan. 12, 2023, 88 FR 2163) (FRA's Capital Projects Guidance), which assists project sponsors in developing effective and complete capital projects by defining the project development process and describing implementation tools, processes, and documentation that may be required for a grant. FRA's Capital Projects Guidance can be found here: 
                    <E T="03">https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.</E>
                </P>
                <P>
                    In December 2023, FRA updated its standard grant agreement terms and conditions. The new FRA grant agreement consists of three parts: Attachment 1: Standard Terms and Conditions, Attachment 2: Project-Specific Terms and Conditions, and Terms and Conditions Exhibits. The updated agreements are available at: 
                    <E T="03">https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.</E>
                </P>
                <P>
                    DOT seeks to fund projects that advance the Administration Priorities of safety, equity, climate and sustainability, workforce development, job quality, and wealth creation as described in the U.S. Department of Transportation (DOT) Strategic Plan,
                    <SU>1</SU>
                    <FTREF/>
                     and in executive orders, which are described in section E.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Additional information about the USDOT Strategic Plan, Research, Development and Technology Strategic Plan can be found here: 
                        <E T="03">https://www.transportation.gov/dot-strategic-plan.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">2. Definitions of Key Terms</HD>
                <P>Terms defined in this section are capitalized throughout this notice.</P>
                <P>
                    a. “Capital Project” means a project for acquiring, constructing, improving, or inspecting rail equipment, track and track structures, or a rail facility, including expenses incidental to the acquisition or construction including pre-construction activities (such as designing, engineering, location surveying, mapping, acquiring rights-of-way) and related relocation costs,
                    <SU>2</SU>
                    <FTREF/>
                     environmental studies, and all work necessary for FRA to consider the effects of the proposed project under the National Environmental Policy Act; Highway-Rail Grade Crossing improvements; communication and signalization improvements; and rehabilitating, remanufacturing, or overhauling rail rolling stock and rail facilities.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         FRA will consider right-of-way acquisition only if it is included in an application also seeking Construction funding.
                    </P>
                </FTNT>
                <P>
                    b. “Commuter Rail Passenger Transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple rides, and commuter tickets, and morning and evening peak period 
                    <PRTPAGE P="56790"/>
                    operations, consistent with 49 U.S.C. 24102(3); the term does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
                </P>
                <P>c. “Construction” means the Lifecycle Stage of a Capital Project during which the Capital Project is completely built, installed, and placed in use. Construction activities include, but are not limited to, physical construction and installation of the Capital Project, including testing of equipment, workforce training, and start-up testing. Construction activities occur after a project has completed Final Design. Construction is described in FRA's Capital Projects Guidance.</P>
                <P>d. “Final Design” or “FD” means the Lifecycle Stage of a Capital Project during which the Capital Project design is advanced to be ready for Construction. This is when the agreements necessary to construct and operate the Capital Project are secured, acquisition of right-of-way is completed, and final engineering plans and specifications necessary for the construction of the project are produced. Final Design activities occur after a Capital Project has completed Project Development, and before a Capital Project can advance to Construction. Final Design is described in FRA's Capital Projects Guidance.</P>
                <P>e. “Grade Separation or Closure” means an underpass or overpass to eliminate level crossings between railroad and highway users at an existing highway-rail or pathway-rail grade crossing, or the closing of a highway-rail grade crossing to vehicular or pedestrian traffic.</P>
                <P>f. “Highway-Rail Grade Crossing” means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at grade.</P>
                <P>g. “Improvement Project” means a project related to an existing highway or pathway-rail crossing including: installation, repair, or improvement of crossings, grade separations, railroad crossing signals, gates, bells, audible warning devices and related technologies; highway traffic signalization, lighting, crossing approach signage, and roadway improvements such as medians or other barriers; pathway improvements such as bollards; railroad crossing panels and surfaces; and other safety engineering improvements, or highway-rail programs to reduce risk.</P>
                <P>h. “Intercity Rail Passenger Transportation” means rail passenger transportation, except Commuter Rail Passenger Transportation, see 49 U.S.C. 22901(3), and in this NOFO, it has the same meaning as “Intercity Passenger Rail Service” and “Intercity Passenger Rail Transportation.”</P>
                <P>i. “Lifecycle Stage” means each of the consecutive stages of a Capital Project as it is developed and implemented that include Systems Planning, Project Planning, Project Development, Final Design, Construction, and Operation. Each sequential stage involves specific activities. Lifecycle Stages are described in FRA's Capital Projects Guidance.</P>
                <P>j. “Major Project” means a Capital Project with a capital cost estimate equal to or greater than $500 million and with at least $100 million in federal assistance under the Railroad Crossing Elimination Program. Major Project is described in FRA's Capital Project Guidance.</P>
                <P>
                    k. “National Environmental Policy Act” or “NEPA” (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ) is a federal law that requires federal agencies to analyze and document the environmental impacts of a proposed action in consultation with appropriate federal, tribal, state, and local authorities, and with the public. Environmental Review under NEPA consists of an Environmental Impact Statement (EIS), Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA class of action depends on the potential environmental impacts of the proposed action. For purposes of this NOFO, NEPA also includes all related federal laws and regulations including the Clean Air Act, section 4(f) of the Department of Transportation Act, section 7 of the Endangered Species Act, and section 106 of the National Historic Preservation Act. Additional information regarding FRA's environmental processes and requirements is located at 
                    <E T="03">https://railroads.dot.gov/rail-network-development/environment/environment.</E>
                     NEPA consultation and documentation are considered part of the Project Development Lifecycle Stage, as described in FRA's Capital Projects Guidance.
                </P>
                <P>l. “Pathway-Rail Grade Crossing” means a pathway that crosses one or more railroad tracks at grade and that is: (1) explicitly authorized by a public authority or a railroad; (2) dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others; and (3) not associated with a public highway, road, or street, or a private roadway.</P>
                <P>m. “Preliminary Engineering” or “PE” means engineering design to define a Capital Project, including identification of all environmental impacts and design of all critical project elements at a level sufficient to ensure reliable cost estimates and schedules. The PE development process starts with specific project design alternatives that allow for the assessment of a range of rail improvements, specific alignments, and project designs. PE is considered part of the Project Development Lifecycle Stage, as described in FRA's Capital Projects Guidance.</P>
                <P>n. “Project Development” means the Lifecycle Stage of a Capital Project during which the project sponsor conducts design, environmental, and other studies to ensure the project is ready for implementation. Project Development activities occur after a project has completed Project Planning, and before a Capital Project can advance to Final Design. Project Development is described in FRA's Capital Projects Guidance.</P>
                <P>o. “Project Management Plan” means, under this NOFO, a document that describes how the Capital Project will be implemented, monitored, and controlled to help the project sponsor effectively, efficiently, and safely deliver the project on-time, within budget, and at the highest appropriate quality. Project Management Plan is described in FRA's Capital Projects Guidance.</P>
                <P>p. “Project Planning” is the first Lifecycle Stage of a Capital Project during which the project sponsor identifies Capital Project concepts to adequately address transportation needs and opportunities; identifies and compares costs, benefits, and impacts of project options; identifies the impacted environmental resources; and engages with interested parties, agencies, and infrastructure owners. Project Planning activities are completed before a Capital Project advances to Project Development. Project Planning is described in FRA's Capital Projects Guidance.</P>
                <P>q. “Rural Area” means any area that is not within an area designated as an urbanized area by the most recent Bureau of the Census.</P>
                <P>r. “Track Relocation” means moving a rail line vertically or laterally to a new location in order to eliminate an existing Highway-Rail Grade Crossing. “Vertical Relocation” refers to raising above the current ground level or sinking below the current ground level of a rail line. “Lateral Relocation” refers to moving a rail line horizontally to a new location.</P>
                <P>
                    s. “Tribal Lands” means any lands reserved for a federally recognized Native American tribe or tribes under treaty or other agreement with the United States, executive order, or federal statute or administrative action as permanent tribal homelands, and 
                    <PRTPAGE P="56791"/>
                    where the federal government holds title to the land in trust on behalf of the tribe.
                </P>
                <HD SOURCE="HD1">B. Federal Award Information</HD>
                <HD SOURCE="HD2">1. Available Award Amount &amp; Special Funding Set-Asides</HD>
                <P>
                    The total funding available for awards under this NOFO is up to $1,148,809,580, made available by the FY 2023 and 2024 advance appropriations provided in Title VIII of Division J of IIJA and by remaining unawarded FY 2022 RCE Program balances.
                    <SU>3</SU>
                    <FTREF/>
                     Should additional RCE Program funds become available after the release of this NOFO, FRA may elect to award such additional funds to applications received under this NOFO. Any selection and award under this NOFO are subject to the availability of appropriated funds.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         $1,146,528,000 in combined FY 2023-2024 supplemental appropriations ($573,264,000 each year) are provided by Title VIII of Division J of IIJA, as well as $2,281,580 in carryover FY 2022 supplemental appropriations from Title VIII of Division J of IIJA. This creates a total of $1,148,809,580 available.
                    </P>
                </FTNT>
                <P>Further, of the available award amount listed above, certain funding amounts are set-aside for the following purposes under this NOFO:</P>
                <P>a. Planning Projects—At least three percent of the total FY 2023-2024 RCE Program grant funds available, or $36,000,000, as well as $2,281,580 in FY 2022 RCE funds, will combine to make $38,281,580 available for planning projects described in 49 U.S.C. 22909(d)(6). Of these funds, $10,840,000 (which includes $1,840,000 in FY 2022 carryover funds) will be made available for planning projects located in Rural Areas or on Tribal Lands. Further, FRA specifically expects to support planning projects that seek to advance efforts to grade separate at least one or more at-grade crossings. Planning projects are also subject to special considerations for award size and preference, as detailed in the following section 2(a).</P>
                <P>
                    b. Rural or Tribal set-aside—At least 20 percent of the total FY 2023-2024 RCE Program grant funds available, or $229,305,600, will be made available for projects located in Rural Areas or on Tribal Lands, as required by 49 U.S.C. 22909(f)(3)(A).
                    <SU>4</SU>
                    <FTREF/>
                     At least five percent of these set-aside funds, or $11,465,280, will be made available for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         FRA awarded all of the FY 2022 Rural or Tribal set-aside to eligible applicants. No additional set-aside funds are carried forward to FY 2023-2024.
                    </P>
                </FTNT>
                <P>c. In addition, FRA will make at least $3,000,000 available for grants that carry out Highway-Rail Grade Crossing safety information and education programs. FRA expects that activities to promote further awareness of grade crossing safety will be based on existing best practices and such efforts will be implemented in a comprehensive manner through coordination with relevant stakeholders.</P>
                <HD SOURCE="HD2">2. Award Size</HD>
                <P>FRA anticipates making multiple awards with the available funding. FRA may not be able to award grants to all eligible applications even if they meet or exceed the stated evaluation criteria (see section E, Application Review Information). FRA strongly encourages applicants to seek funding for the appropriate Lifecycle Stage of a Capital Project, consistent with the application tracks in section C(3)(c) below. Where an application includes multiple Lifecycle Stages of a Capital Project, FRA may decide to only award funds for what it determines is the appropriate Lifecycle Stage.</P>
                <P>In addition, projects may require more funding than is available. FRA encourages applicants to propose a project that has operational independence, or a component of such project, which can be completed and implemented with funding under this NOFO as a part of the total project cost together with other, non-federal sources. (See section C(3)(c) for more information). There are no predetermined maximum dollar thresholds for individual awards, but no more than 20 percent of the grant funds available ($229,761,916 total from both FY 2023-2024 funding and FY 2022 carryover funds) will be awarded for projects in any single State.</P>
                <P>Applicants are not limited in the number of projects for which they seek funding. Applicants submitting more than one application are requested to submit a priority ranking of their submitted applications that is consistent with each application package submitted.</P>
                <HD SOURCE="HD3">a. Award Minimums and Planning Exception</HD>
                <P>FRA will not award grants for less than $1,000,000, except for a Planning project, as described in 49 U.S.C. 22909(d)(6). Projects requesting less than $1,000,000 must consist solely of Planning activities (Planning is defined in section A.3.n of this NOFO) to be considered eligible. Applications that request funding for a combination of Planning and Project Development activities must exceed $1,000,000 in federal assistance under this NOFO.</P>
                <HD SOURCE="HD2">3. Award Type</HD>
                <P>FRA will make awards for projects selected under this notice through grant agreements and/or cooperative agreements. Grant agreements are used when FRA does not expect to have substantial federal involvement in carrying out the funded activity. Cooperative agreements allow for substantial federal involvement in carrying out the agreed upon investment, including technical assistance, review of interim work products, and increased program oversight. The term “grant” is used throughout this document and is intended to reference funding awarded through a grant agreement or a cooperative agreement.</P>
                <P>The funding provided under this NOFO will be made available to grantees on a reimbursable basis. Applicants must certify that their expenditures are allowable, allocable, reasonable, and necessary to the approved project before seeking reimbursement from FRA. Additionally, the grantee is expected to expend matching funds at the required percentage concurrent with federal funds throughout the life of the project.</P>
                <P>
                    The new FRA grant agreement consists of three parts: Attachment 1: Standard Terms and Conditions, Attachment 2: Project-Specific Terms and Conditions, and Terms and Conditions Exhibits. The grant agreement templates are available at: 
                    <E T="03">https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.</E>
                     These templates are subject to revision.
                </P>
                <HD SOURCE="HD2">4. Concurrent Applications</HD>
                <P>DOT and FRA may concurrently solicit applications for transportation infrastructure projects for several financial assistance programs. Applicants may submit applications requesting funding for a particular project to one or more of these programs. In the application for funding under this NOFO, applicants must indicate the other program(s) to which they submitted an application for funding the entire project or certain components, as well as highlight new or revised information in the application responsive to this NOFO that differs from the previously submitted application(s).</P>
                <HD SOURCE="HD1">C. Eligibility Information</HD>
                <P>
                    This section of the notice explains applicant eligibility, cost sharing and matching requirements, project eligibility, and project component 
                    <PRTPAGE P="56792"/>
                    operational independence. Applications that do not meet the requirements in this section are ineligible for funding. Instructions for submitting eligibility information to FRA are detailed in section D of this NOFO.
                </P>
                <HD SOURCE="HD2">1. Eligible Applicants</HD>
                <P>The following entities are eligible applicants for all projects permitted under this notice:</P>
                <P>a. A State (including the District of Columbia, Puerto Rico, and other United States territories and possessions).</P>
                <P>b. A political subdivision of a State.</P>
                <P>c. A federally recognized Indian Tribe.</P>
                <P>d. A unit of local government or a group of local governments.</P>
                <P>e. A public port authority.</P>
                <P>f. A metropolitan planning organization.</P>
                <P>g. A group of entities described in any of paragraphs (a) through (f).</P>
                <P>The applicant serves as the primary point of contact for the application, and if selected, as the recipient of the RCE Program grant award. An application may identify entities that are not eligible applicants as project partners.</P>
                <HD SOURCE="HD2">2. Cost Sharing and Matching</HD>
                <P>
                    The federal share of total costs for RCE Program projects funded under this NOFO may not exceed 80 percent. The estimated total cost of a project must be based on the best available information, including engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment and/or facilities. Additionally, in preparing estimates of total project costs, applicants are encouraged to use FRA's cost estimate guidance documentation, “Capital Cost Estimating: Guidance for Project Sponsors,” which is available at: 
                    <E T="03">https://www.fra.dot.gov/Page/P0926.</E>
                     Project sponsors should account for the impact of factors such as inflation as the applicant prepares their scope, schedule, and budget.
                </P>
                <P>
                    The minimum 20 percent non-federal share may be comprised of public sector (
                    <E T="03">e.g.,</E>
                     State or local) or private sector funding. FRA will not consider any federal financial assistance, or any non-federal funds already expended (or otherwise encumbered) toward the matching requirement, unless such sources are compliant with 2 CFR part 200. In-kind contributions, including the donation of services, materials, and equipment, may be credited as a project cost in a uniform manner consistent with 2 CFR 200.306. In addition, applicants may count costs incurred for Preliminary Engineering associated with Highway-Rail Grade Crossing and Pathway-Rail Grade Crossing Improvement Projects as part of the total project costs. Such costs are eligible as non-federal share or for reimbursement, even if they were incurred before project selection for award, consistent with 49 U.S.C. 22909(g). Such costs must have been incurred no earlier than November 15, 2021, and must be otherwise compliant with 2 CFR part 200 and the requirements of this RCE Program.
                </P>
                <P>
                    Funding under this NOFO may not be used for costs that are included in or used to meet cost sharing or matching requirements of any other federally financed award or program. If the applicant is seeking additional funding for a project that has already received federal financial assistance, costs associated with the scope of work for the existing federal award are not eligible for funding under this NOFO. Only new scope elements/activities (
                    <E T="03">e.g.,</E>
                     new deliverables) are eligible for funding under this NOFO.
                </P>
                <P>Before applying, applicants should carefully review the principles for cost sharing or matching in 2 CFR 200.306. See section D(2)(a)(iii) of this NOFO for required application information on non-federal match and section E for further discussion of FRA's consideration of matching funds in the review and selection process. FRA will approve pre-award costs incurred after announcement of awards consistent with 2 CFR 200.458, as applicable. See section D(6). Cost sharing or matching may be used only for eligible expenses for authorized Federal award purposes.</P>
                <P>All contracts for projects financed with federal funds will be subject to applicable federal requirements. Applicants that have entered into contracts for a proposed project prior to award must ensure that applicable federal requirements are included in the contract in the event the project is selected and federal funds are obligated.</P>
                <HD SOURCE="HD2">3. Eligible Projects</HD>
                <HD SOURCE="HD3">a. The Following Are Eligible Under This NOFO</HD>
                <P>The following Highway-Rail or Pathway-Rail Grade Crossing Improvement Projects (including acquiring real property interests) that focus on improving the safety and mobility of people and goods are eligible for funding under 49 U.S.C. 22909(d) and this NOFO:</P>
                <P>i. Grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof;</P>
                <P>ii. Track Relocation;</P>
                <P>iii. The improvement or installation of protective devices, signals, signs, or other measures the improve safety, provided that such activities are related to a separation or relocation project described in paragraph (i) or (ii);</P>
                <P>
                    iv. Other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions); 
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Highway-Rail Grade Crossing Safety Information and Education Programs are eligible under this category. FRA generally interprets this project eligibility category to relate to projects that directly improve safety and mobility at existing at-grade crossing locations.
                    </P>
                </FTNT>
                <P>v. A group of related projects described in paragraphs (i) through (iv) that would collectively improve the mobility of people and goods; or</P>
                <P>vi. The planning, environmental review, and design of an eligible project described in paragraphs (i) through (v).</P>
                <P>Consistent with 49 U.S.C. 22909(j)(1), grants under the RCE Program are not subject to the limitation in 49 U.S.C. 22905(f) and may therefore be awarded for commuter rail passenger transportation projects. Consistent with 49 U.S.C. 22909(j)(2), FRA will transfer such projects to the Federal Transit Administration to administer.</P>
                <HD SOURCE="HD3">b. Project Component</HD>
                <P>
                    If an applicant requests funding for a component or set of components of a larger Capital Project, the project component(s) included in the application must be attainable with the award amount and comply with all eligibility requirements described in section C. In addition, the component(s) must enable independent analysis and decision making, as determined by FRA, under NEPA (
                    <E T="03">i.e.,</E>
                     have independent utility, connect logical termini, and not restrict the consideration of alternatives for other reasonably foreseeable rail projects).
                </P>
                <HD SOURCE="HD3">c. Application Tracks</HD>
                <P>Applicants are not limited in the number of projects for which they seek funding. FRA generally evaluates applications in Tracks based on the Lifecycle Stages of a Capital Project. While applications covering multiple Lifecycle Stages are not precluded, FRA generally expects that applications identify only one of the following tracks for an eligible proposed project:</P>
                <P>• Track 1—Project Planning;</P>
                <P>• Track 2—Project Development;</P>
                <P>• Track 3—Final Design (FD)/Construction.</P>
                <P>
                    FRA strongly encourages applicants to seek funding for the appropriate Lifecycle Stage of a Capital Project, consistent with these application tracks. 
                    <PRTPAGE P="56793"/>
                    To the extent possible, applicants should describe their projects consistent with FRA's Capital Projects Guidance, which provides a detailed description of each Lifecycle Stage and its required activities: 
                    <E T="03">https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.</E>
                </P>
                <P>If an application seeks funding under more than one application Track for multiple Lifecycle Stages, FRA may award funds for the application Track and corresponding Lifecycle Stage(s) it determines most appropriate based on project readiness information. Applicants are directed to identify the project components and estimated amount of federal funding requested for each Lifecycle Stage. If an application selected for award includes multiple Lifecycle Stages, FRA will require the grantee to complete the Lifecycle Stages in the order consistent with FRA's Capital Projects Guidance.</P>
                <P>
                    i. 
                    <E T="03">Track 1—Project Planning:</E>
                     Track 1 consists of Project Planning specific to an eligible Capital Project. Example activities for Project Planning include: the development of a purpose and need statement; completion of conceptual engineering and other design; documentation showing that project alternatives were considered; completion of an environmental resource inventory and potential environmental concerns analysis; scale design drawings; public and stakeholder involvement; completion of an order-of-magnitude project cost estimate; and for Major Projects, completion of an initial Project Management Plan. Project Planning projects funded under this NOFO must be sufficiently developed when complete to support Project Development activities.
                </P>
                <P>FRA strongly encourages Track 1 Planning projects given the RCE Program's dedicated set-aside funding for planning activities. Please note that, pursuant to 49 U.S.C. 22909(d)(6), the minimum award requirement of $1,000,000 does not apply to applications for awards that fund only activities consistent with the Project Planning Lifecycle Stage. Consistent with Section A.2 of this NOFO, FRA intends to prioritize Planning projects that seek to grade separate one or more grade crossings.</P>
                <P>
                    ii. 
                    <E T="03">Track 2—Project Development:</E>
                     Track 2 consists of projects for eligible Project Development activities. Example activities include: completion of PE and architectural or other design; PE drawings and specifications (scale drawings at the 30 percent design level, including track geometry as appropriate); design criteria, schematics and/or track charts that support the development of PE; work that can be funded in conjunction with developing PE, such as operations modeling, surveying, project work/management plans, preliminary cost estimates, and preliminary project schedules; completion of environmental review; and completion of applicable project management documentation (such as a Project Management Plan, schedule, capital cost estimate, and financial plan). Project Development projects funded under this NOFO must first demonstrate completion of Project Planning elements prior to Project Development funds being awarded and be sufficiently developed when complete to support FD or Construction activities.
                </P>
                <P>
                    iii. 
                    <E T="03">Track 3—Final Design (FD)/Construction:</E>
                     Track 3 consists of projects for eligible FD and Construction activities. Applicants must complete all necessary Planning and Project Development stages, including PE and NEPA requirements, prior to moving to the FD/Construction stage of a project. FD activities may include completion of the FD documentation, acquisition of right-of-way,
                    <SU>6</SU>
                    <FTREF/>
                     resolving remaining uncertainties or risks associated with changes to the design and scope of the Capital Project; addressing procurement processes; and updating/completing the applicable project management documentation (such as a Project Management Plan, schedule, capital cost estimate, and financial plan).
                    <SU>7</SU>
                    <FTREF/>
                     Construction activities may include physical construction and installation of the Capital Project, including procurement and manufacturing of vehicles and equipment, project administration, testing of equipment (
                    <E T="03">e.g.,</E>
                     signal equipment and rolling stock), systems integration testing, workforce training, system certification, procurement of insurance, provision of warrantees, pre-revenue service, and start-up testing. Prior to obligation, applicants selected for funding for FD/Construction must demonstrate completion of applicable Systems Planning and Project Planning and Project Development activities, consistent with FRA's Capital Projects Guidance.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         FRA will only award funds for right-of-way (ROW)/property acquisition activities if the proposed project also includes construction activities consistent with the Construction Lifecycle Stage. FRA will not fund ROW acquisition activities independently or if proposed project only includes pre-construction activities or Lifecycle Stages (
                        <E T="03">i.e.,</E>
                         Project Planning, Project Development, or Final Design).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Applicants selected for funding are encouraged to submit the following before obligation: an updated Project Management Plan (including a schedule, capital cost estimate, and financial plan), as grantees will be expected to develop a Project Management Plan under the grant agreement. See FRA's Capital Projects Guidance, Section V—Project Management for additional information.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">d. Rural or Tribal Lands Project</HD>
                <P>FRA will consider a project to be in a Rural Area or on Tribal Lands if all or the majority of the project (determined by geographic location(s) where the majority of the project funds will be spent) is located in a Rural Area or on Tribal Lands. However, in the event FRA elects to fund a component of the project, then FRA will reevaluate whether the project is in a Rural Area or on Tribal Lands.</P>
                <HD SOURCE="HD1">D. Application and Submission Information</HD>
                <P>Required documents for the application are outlined in the following paragraphs. Applicants must complete and submit all components of the application for the application to be reviewed by FRA. An applicant that fails to submit all required documentation prior to the closing period of the notice may have its application deemed incomplete and will not advance to evaluation review. See section D(2) for the required documents and information for an application package. FRA welcomes the submission of additional relevant supporting documentation, such as planning, engineering, and design documentation, and letters of support from partnering organizations, which will not count against the Project Narrative 25-page limit.</P>
                <HD SOURCE="HD2">1. Address To Request Application Package</HD>
                <P>
                    Applicants may access application materials at 
                    <E T="03">https://www.Grants.gov</E>
                     and must submit all application materials in their entirety through 
                    <E T="03">https://www.Grants.gov</E>
                     no later than 11:59 p.m. EST, on September 23, 2024. Applicants must complete an Authorized Organization Representative (AOR) profile on 
                    <E T="03">www.Grants.gov</E>
                     and create a username and password. Additional information about the registration process is available at: 
                    <E T="03">https://www.grants.gov/applicants/applicant-registration.</E>
                </P>
                <P>
                    Applicants are strongly encouraged to apply early to ensure that all materials are received before the application deadline. FRA reserves the right to modify this deadline. General information for submitting applications through 
                    <E T="03">Grants.gov</E>
                     can be found at: 
                    <E T="03">https://www.fra.dot.gov/Page/P0270.</E>
                     FRA is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a 
                    <PRTPAGE P="56794"/>
                    disability. If you require an alternative version of files provided or paper copies of materials, please contact Ms. Laura Mahoney, Office of the Chief Financial Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; email: 
                    <E T="03">laura.mahoney@dot.gov;</E>
                     or telephone: 202-578-9337.
                </P>
                <P>
                    The E-Biz point of contact (E-Biz POC) at the applicant's organization must respond to the registration email from 
                    <E T="03">Grants.gov</E>
                     and login at 
                    <E T="03">www.Grants.gov</E>
                     to authorize the applicant as the AOR. Please note there can be more than one AOR for an organization.
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The amount requested from the RCE program on the SF-424 is the official record of request, and therefore must be consistent with the amount requested in the Project Narrative and Statement of Work documents, including the breakdown of Federal and non-Federal sources. For applications with discrepancies, FRA will defer to the funding amount in the SF-424.
                    </P>
                </FTNT>
                <P>
                    If an applicant has difficulty at any point during this process, please call the 
                    <E T="03">Grants.gov</E>
                     Customer Center Hotline at 1-800-518-4726, 24 hours a day, 7 days a week (closed on federal holidays). For information and instructions on each of these processes, please see instructions at: 
                    <E T="03">https://www.grants.gov/support.</E>
                </P>
                <HD SOURCE="HD2">2. Content and Form of Application Submission</HD>
                <P>
                    FRA strongly advises applicants to read this section carefully. Applicants must submit all required information and components of the application package to be considered for funding. Applications that are not submitted on time or do not contain all required documentation will not be considered for funding. To support the application, applicants may provide additional relevant and available optional supporting documentation that may have been developed by the applicant, especially such documentation that provides evidence of completion of the appropriate Lifecycle Stage(s) of a Capital Project. Additionally, applicants selected to receive funding must satisfy the requirements in 49 U.S.C. 22903 and 22905, including FRA's Buy America requirement and conditions explained in part at 
                    <E T="03">https://www.fra.dot.gov/page/P0185</E>
                     and further in section F.2 of this notice.
                </P>
                <P>Required documents and information for an application package include the following:</P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s150,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Application information</CHED>
                        <CHED H="1">
                            NOFO section for
                            <LI>guidance</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Project Narrative</ENT>
                        <ENT>See D.2.a.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Statement of Work (SOW), project budget, estimated project schedule, and performance measures</ENT>
                        <ENT>See D.2.b.i.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Environmental Compliance Documentation</ENT>
                        <ENT>See D.2.b.ii.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Draft Agreement required under 49 U.S.C 22905(c)(1), if applicable</ENT>
                        <ENT>See D.2.b.iii.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            SF 424—Application for Federal Assistance 
                            <SU>8</SU>
                        </ENT>
                        <ENT>See D.2.b.iv.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">SF 424A—Budget Information for Non-Construction or SF 424C—Budget Information for Construction</ENT>
                        <ENT>See D.2.b.v.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">SF 424B—Assurances for Non-Construction or SF 424D—Assurances for Construction</ENT>
                        <ENT>See D.2.b.vi.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">FRA's F 30—Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying</ENT>
                        <ENT>See D.2.b.vii.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">FRA F 251—Applicant Financial Capability Questionnaire</ENT>
                        <ENT>See D.2.b.viii.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">SF LLL—Disclosure of Lobbying Activities, if applicable</ENT>
                        <ENT>See D.2.b.ix.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD3">a. Project Narrative</HD>
                <P>This section describes the minimum content the applicant is required to provide in the Project Narrative section of the grant application. The Project Narrative must follow the basic outline below to address the program requirements and assist evaluators in locating relevant information.</P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,p1,8/9,i1" CDEF="s150,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">I. Cover Page</ENT>
                        <ENT>See D.2.a.i.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">II. Project Summary</ENT>
                        <ENT>See D.2.a.ii.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">III. Grant Funds, Sources and Uses of Project Funds</ENT>
                        <ENT>See D.2.a.iii.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">IV. Applicant Eligibility Criteria</ENT>
                        <ENT>See D.2.a.iv.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">V. Project Eligibility Criteria</ENT>
                        <ENT>See D.2.a.v.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">VI. Detailed Project Description</ENT>
                        <ENT>See D.2.a.vi.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">VII. Highway-Rail Grade Crossing Safety Information and Education Programs</ENT>
                        <ENT>See D.2.a.vii.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">VIII. Project Location</ENT>
                        <ENT>See D.2.a.viii.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">IX. Grade Crossing Information</ENT>
                        <ENT>See D.2.a.ix.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">X. Safety Benefit</ENT>
                        <ENT>See D.2.a.x.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">XI. Evaluation and Selection Criteria</ENT>
                        <ENT>See D.2.a.xi.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">XII. Project Implementation and Management</ENT>
                        <ENT>See D.2.a.xii.</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="56795"/>
                <P>The applicant must provide the content listed above in a narrative statement. The Project Narrative may not exceed 25 pages in length (excluding cover pages, table of contents, and supporting documentation). When possible, applicants should submit supporting documents via website links rather than hard copies. If supporting documents are submitted, applicants must clearly identify the relevant portion of the supporting document with the page numbers of the cited information in the Project Narrative. The Project Narrative must adhere to the following outline.</P>
                <P>
                    i. 
                    <E T="03">Cover Page:</E>
                     include a cover page that lists the following elements in either a table or formatted list:
                </P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,p1,8/9,i1" CDEF="s150,r75">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Project Title</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">Applicant Name</ENT>
                    </ROW>
                    <ROW EXPSTB="01" RUL="s">
                        <ENT I="21">
                            <E T="02">FUNDING</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Amount of RCE Program Funding Requested under this NOFO</ENT>
                        <ENT>$:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Amount of Proposed Non-Federal Match</ENT>
                        <ENT>$:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01" O="xl">Does some or all of the proposed Non-Federal Match for the total project cost consist of Preliminary Engineering costs incurred before project selection (but after November 15, 2021)?</ENT>
                        <ENT>If yes, how much?</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Other Sources of Federal funding, if applicable</ENT>
                        <ENT>Provide funding source and amount $:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Source(s) of Proposed Non-Federal Match</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01" O="xl">If applicable, are set-aside funds requested? Is the project eligible for a funding set-aside in Section B.1?</ENT>
                        <ENT>Yes/No. If yes, please specify which one [Planning Projects, Safety Information and Education Program, Rural or Tribal Set-Aside].</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">If “Yes,” amount of set-aside funds requested:</ENT>
                        <ENT>$:</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">Total Project Cost</ENT>
                        <ENT>$:</ENT>
                    </ROW>
                    <ROW EXPSTB="01" RUL="s">
                        <ENT I="21">
                            <E T="02">PREVIOUS FEDERAL GRANTS</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00" RUL="s">
                        <ENT I="01">Was a Federal Grant Application Previously Submitted for this Project?</ENT>
                        <ENT>Yes/No. If yes, please specify the program, funding year and project title of the previous application, and identify any differences between the applications.</ENT>
                    </ROW>
                    <ROW EXPSTB="01" RUL="s">
                        <ENT I="21">
                            <E T="02">LOCATION</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">City(ies), County(ies), State(s) Where the Project is Located</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Is the Project Located in a Rural Area or on Tribal Lands?</ENT>
                        <ENT>Yes/No.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01" O="xl">If the Project is located in a Rural Area or Tribal Land, is the Project Located in a county with 20 or fewer residents per square mile, according to the most recent decennial census?</ENT>
                        <ENT>Yes/No.</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">Congressional District(s) Where the Project is Located</ENT>
                    </ROW>
                    <ROW EXPSTB="01" RUL="s">
                        <ENT I="21">
                            <E T="02">APPLICATION TRACKS/PROJECT LIFECYCLE STAGES</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01" O="xl">Application Track(s) proposed to be funded by this NOFO?</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01" O="xl">Lifecyle Stage(s) proposed to be funded by this NOFO?</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01" O="xl">Current Lifecycle Stage and Anticipated completion of current Lifecycle Stage?</ENT>
                    </ROW>
                    <ROW EXPSTB="01" RUL="s">
                        <ENT I="21">
                            <E T="02">RAIL LINE INFORMATION</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Is the Project located on real property owned by someone other than the applicant?</ENT>
                        <ENT>Yes/No. If yes, list real property owners and the nature of the property interest.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01" O="xl">Host Railroad/Infrastructure Owner(s) of Project Assets;</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Other impacted Railroad(s)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Tenant Railroad(s), if applicable</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">If applicable, is a 49 U.S.C. 22905-compliant Railroad Agreement executed or pending?</ENT>
                        <ENT>Yes/No/Pending.</ENT>
                    </ROW>
                    <ROW EXPSTB="01" RUL="s">
                        <ENT I="21">
                            <E T="02">PLANNING CONSIDERATIONS</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01" O="xl">
                            Is the project currently programmed in ANY medium- or long-range planning document: 
                            <E T="03">For example, State rail plan, or interregional intercity passenger rail systems planning study, State Freight Plan, TIP, STIP, MPO Long Range Transportation Plan, State Long Range Transportation Plan, etc.</E>
                            ?
                        </ENT>
                        <ENT>Yes/No. If yes, please specify.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01" O="xl">
                            <E T="03">Is the project located on a potential corridor selected for the Corridor Identification and Development Program?</E>
                             
                            <SU>9</SU>
                        </ENT>
                        <ENT>Yes/No. If yes, please specify the corridor(s).</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    ii. 
                    <E T="03">Project Summary:</E>
                     Provide
                    <FTREF/>
                     a brief 4-6 sentence summary of the proposed project. Include challenges the proposed project aims to address and summarize the intended outcomes and anticipated benefits that will result from the proposed project.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         For more information about selected Corridors under the Corridor Identification Program, please visit: 
                        <E T="03">https://railroads.dot.gov/elibrary/fy22-CID-program-selections.</E>
                    </P>
                </FTNT>
                <P>
                    iii. 
                    <E T="03">Grant Funds, Sources and Uses of Project Funds:</E>
                     Project budgets should show how different funding sources will fund project activities and present the data in dollars and percentages. The budget should identify other federal funds the applicant is applying for or has been awarded, if any, or intends to use. Funding sources should be grouped into three categories: RCE request, non-federal, and other federal with specific amounts for each funding source. If other federal funding is proposed as match, demonstrate the applicant's determination of eligibility for such use, 
                    <PRTPAGE P="56796"/>
                    and the legal basis for that determination. If federal funding for the project is currently or has previously been sought, identify the federal program and fiscal year of the funding request(s), as well as highlight new or revised information in the application responsive to this NOFO that differs from the application(s) to other financial assistance programs.
                </P>
                <P>
                    As shown in the table format below, the applicant should indicate the amount in dollars and percentages of RCE Program funding requested, the amount of non-federal match, source(s) for all non-federal match,
                    <SU>10</SU>
                    <FTREF/>
                     other federal funds (if applicable), and the total project cost. FRA may not award more funding for a project than is requested in an application.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Applicants should submit evidence of the availability of non-Federal funds, which may include a board resolution, letter of support from the State, a budget document highlighting the line item or section committing funds to the proposed project. The applicant may provide this documentation in an appendix. Documentation of previous and recent local investments in the project may evidence of local financial commitment project, but cannot be used to satisfy non-Federal matching requirements. Any funding commitment letters must be signed by an authorized representative of the entity providing a non-Federal match.
                    </P>
                </FTNT>
                <P>
                    The applicant should itemize funding by project Lifecycle Stage(s) and by project activity. For a Major Project, applicants are encouraged to provide an annualized budget in year of expenditure dollars. Project budget information must be consistent throughout all application materials, specifically the Standard Form (SF) 424, Project Narrative, Statement of Work, and funding commitment letters.
                    <SU>11</SU>
                    <FTREF/>
                     The project budget should be specific to the project scope described in the applicant's request for funding under this NOFO. If the project proposed to be funded under this NOFO is part of a larger scope, the applicant may reference the larger scope in the Project Narrative but should only include the project scope proposed to be funded under this NOFO within the budget table.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         If there is a discrepancy between materials, FRA will defer to the funding amounts shown in the applicant's SF 424 as the amount requested for funding.
                    </P>
                </FTNT>
                <P>If applicable, the applicant should explain if the RCE Program request or other funds must be obligated or spent by a certain date.</P>
                <P>If applicable, the applicant should provide the type and estimated value of any proposed in-kind contributions, as well as explain how the contributions meet the requirements in 2 CFR 200.306. If the applicant is requesting set-aside funds per section B(1), identify the dedicated activities and amount requested within the budget table.</P>
                <P>
                    <E T="03">Example Project Funding Table:</E>
                     Applicants may use the following table to describe project funding, and may use additional rows and columns, or additional project funding tables, as appropriate.
                </P>
                <GPOTABLE COLS="5" OPTS="L2,tp0,i1" CDEF="s50,12,r25,12,12">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Task No.</CHED>
                        <CHED H="1">
                            Task name
                            <LI>project</LI>
                            <LI>component</LI>
                        </CHED>
                        <CHED H="1">Cost</CHED>
                        <CHED H="1">
                            Percentage
                            <LI>of total cost</LI>
                        </CHED>
                        <CHED H="1">
                            Source of
                            <LI>funds and</LI>
                            <LI>citation, as</LI>
                            <LI>applicable</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">1</ENT>
                    </ROW>
                    <ROW RUL="s,s,n">
                        <ENT I="01">2</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">Total Project Cost</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">Federal Funding Requested in this Application (RCE Program Request)</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">Total Non-Federal Match</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">Non-Federal Funding (State)</ENT>
                        <ENT O="xl">Cash:</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="22"> </ENT>
                        <ENT O="xl">In-Kind:</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">Non-Federal Funding (Private Sector)</ENT>
                        <ENT O="xl">Cash:</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="22"> </ENT>
                        <ENT O="xl">In-Kind:</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">Non-Federal Federal Funding (Local)</ENT>
                        <ENT O="xl">Cash:</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="22"> </ENT>
                        <ENT O="xl">In-Kind:</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">
                            Other Committed Federal Funding 
                            <SU>12</SU>
                             (
                            <E T="03">e.g.,</E>
                             Federal Highway Administration, congressionally directed/earmark, other FRA grant program funds—including previous RCE grants, etc.)
                            <LI>Note: If there are multiple sources of other federal funding, please break funding down by each source</LI>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">
                            Other Pending Federal Funding Requests 
                            <SU>13</SU>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">Amount (if any) of funding request eligible for set-aside funds as described in section B(1) (Planning, Rural/Tribal set-aside, or Highway-Rail Grade Crossing safety information and education programs)</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">Portion of Total Project Costs Spent in a Rural Area, if applicable</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="01">
                            Does some or all the proposed Non-Federal Match for the total project cost consist of Preliminary Engineering costs incurred before project selection (but after November 15, 2021)? 
                            <SU>14</SU>
                        </ENT>
                        <ENT O="xl">If yes, how much?</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    iv. 
                    <E T="03">Applicant Eligibility Criteria:</E>
                     In this
                    <FTREF/>
                     section, the applicant must explain how it meets the applicant eligibility criteria outlined in section C of this NOFO and include citations to appropriate authorities that demonstrate the applicant's eligibility to receive federal funds. For example, if the applicant is a political subdivision of a State, public agency or publicly chartered authority established by one or more States, the applicant should provide relevant legislative language, including citations to the applicable enabling legislation, that demonstrate the applicant's legal status. Applicants that fail to adequately demonstrate their 
                    <PRTPAGE P="56797"/>
                    legal status may be found ineligible and their application will not be reviewed.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         For other Federal funding sources proposed as match, the applicant should explain why the Federal funds are eligible as match and the legal basis for that determination.
                    </P>
                    <P>
                        <SU>13</SU>
                         For other Federal funds that will be used for the project, the applicant should identify the Federal program and fiscal year of the funding request(s), as well as highlight new or revised information in the application responsive to this NOFO that differs from the application(s) to other financial assistance programs.
                    </P>
                    <P>
                        <SU>14</SU>
                         If seeking to use Preliminary Engineering costs as match for a Highway-Rail and Pathway-Rail Grade Crossing Improvement Project or trespassing prevention projects, please identify the costs incurred before project selection (but after November 15, 2021).
                    </P>
                </FTNT>
                <P>
                    v. 
                    <E T="03">Project Eligibility Criteria:</E>
                     Explain how the proposed project meets the project eligibility criteria in section C(3) of this NOFO.
                </P>
                <P>
                    vi. 
                    <E T="03">Detailed Project Description:</E>
                     In this section, the applicant must provide a detailed project description that expands upon the brief project summary. This detailed description should provide, at a minimum: additional background on the challenges the project aims to address; a summary of current and proposed railroad operations in the project area and service frequency, which should include identification of all railroad owners and operators; typical daily, weekly, or annual train counts by operator; the primary expected project outcomes such as increased safety outcomes or reduced delays, improved rail network asset condition and performance, or similar outcomes and benefits; the expected users and beneficiaries of the project, including all railroad operators; the specific components and elements of the project; and any other information the applicant deems necessary to justify the proposed project. Applicants should specify whether the project will result in the elimination of one or more grade crossings. Provide detailed descriptions on the proposed improvement to each grade crossing included in the application. For all projects, applicants must provide information about proposed performance measures, as described in section F(3) and required in 2 CFR 200.301.
                </P>
                <P>
                    <E T="03">vii. Highway-Rail Grade Crossing Safety Information and Education Programs:</E>
                     For these projects, specify how the program will enhance education and informational outreach to help prevent and reduce pedestrian, motor vehicle and other accidents, incidents, injuries, and facilities, and how the program will help improve awareness along railroad rights-of-way and at Highway-Rail Grade Crossings. FRA expects that activities to promote further awareness of grade crossing safety will be based on existing best practices and such efforts will be implemented in a comprehensive manner through coordination with relevant stakeholders.
                </P>
                <P>
                    <E T="03">viii. Project Location:</E>
                     Applicants must include geospatial data for the project, as well as a map of the project's location. Geospatial data must be expressed in decimal degrees for latitude and longitude with at least five decimal places of precision. If the project includes a length of track or corridor development, the start and end coordinates for each corridor or segment must be provided. Milepost, railroad, and subdivision identifiers can also be provided but must be accompanied by corresponding latitudes and longitudes. For projects with multiple locations, the corresponding geospatial data must be included for each location, with individual columns for latitude and longitude, in table form as an attachment to the application. On the map, include the Congressional districts in which the project will take place.
                </P>
                <P>
                    <E T="03">ix. Grade Crossing Information:</E>
                     Cite specific US DOT National Grade Crossing Inventory information for each grade crossing to be addressed in the proposed application, including the US DOT grade crossing inventory number. Include latitude and longitude coordinates for each grade crossing location, the railroad that owns the infrastructure (or the crossing owner, if different from the railroad), the primary railroad operator, and the roadway at the crossing. To find US DOT grade crossing inventory number(s) and location(s), please visit: 
                    <E T="03">https://railroads.dot.gov/safety-data/fra-safety-data-reporting/crossing-inventory-data-search.</E>
                     For projects involving Pathway-Rail Grade Crossings that do not have US DOT grade crossing inventory numbers or data, please provide as much locational data as possible.
                </P>
                <P>List the following details for each grade crossing involved in the application scope of work, either in the following table format within the Project Narrative or, if more space is needed, in a separate, unlocked Excel file attachment (the table will not count against the 25-page Project Narrative page limit). Please include, to the best of the applicant's ability, specific US DOT National Grade Crossing Inventory information that may combine information requested under both this section and E.2.a.viii “Grade Crossing Information,” including:</P>
                <P>a. US DOT grade crossing inventory number;</P>
                <P>b. The proposed improvement requested in the application, using “new, separated, closed, or improved” to describe proposed improvement (such as gate additions, lights, etc.);</P>
                <P>c. The primary railroad operator;</P>
                <P>d. The railroad that owns the infrastructure (or the crossing owner, if different from the railroad); and</P>
                <P>e. The roadway at the crossing with location latitude and longitude coordinates.</P>
                <P>Example Table 1. In Project Narrative or attached as an appendix in unlocked Excel file format:</P>
                <GPOTABLE COLS="6" OPTS="L2,i1" CDEF="s25,r25,r25,r25,r25,r25">
                    <TTITLE>* Example Table 1—Grade Crossing Information for Proposed Project</TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            US DOT grade
                            <LI>crossing inventory #</LI>
                        </CHED>
                        <CHED H="1">
                            Proposed
                            <LI>improvement</LI>
                        </CHED>
                        <CHED H="1">Rail operator(s)</CHED>
                        <CHED H="1">Railroad owner</CHED>
                        <CHED H="1">
                            Latitude coordinates
                            <LI>(at least five decimal places of precision)</LI>
                        </CHED>
                        <CHED H="1">
                            Longitude coordinates
                            <LI>(at least five decimal places of precision)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01" O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                    </ROW>
                </GPOTABLE>
                <P>
                    <E T="03">x. Safety Benefit Data:</E>
                     Applicants are strongly encouraged to submit safety justifications for the project that rely on standardized, objective safety metrics and data, if available, including data from sources such as: GradeDec.Net; National Risk Index; 49 CFR part 234; safety metrics found in Appendix D of 49 CFR part 222; the FRA crossing incident dashboard (FRA Safety Data &amp; Reporting | FRA (
                    <E T="03">dot.gov</E>
                    )); or other relevant safety data or metrics. FRA will analyze data for each grade crossing, including information and data detailing the history of each crossing's incident history for the past five calendar years (2019-2023), to demonstrate the existing level of risk for each grade crossing proposed for improvement, as well as other tools and measures to better inform selection evaluation.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         Applicants can review the history of highway-rail crossing incidents relevant to their project on FRA's public safety website: 
                        <E T="03">https://safetydata.fra.dot.gov/OfficeofSafety/publicsite/crossing/crossing.aspx</E>
                         or 
                        <E T="03">https://data.transportation.gov/dataset/Highway-Rail-Grade-Crossing-Accident-Data-Form-57-/aeeh-bp8c/explore.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">viii. Evaluation and Selection Criteria:</E>
                     The applicant must include a thorough discussion of how the proposed project meets the evaluation and selection criteria. As described in section E, FRA will evaluate applications based on project readiness, technical merit, and project benefits, and will consider how the applicant's project aligns with the 
                    <PRTPAGE P="56798"/>
                    Administration Priorities. If an application does not sufficiently address the evaluation criteria and the selection criteria, it is unlikely to be a competitive application. Applicants are expected to follow the directions and format requested in this NOFO, and adherence to these directions will be considered in evaluations. Applicants are encouraged to include quantifiable railroad data, such as information on delay, failure or safety incidents, daily train movement, or similar metrics, and should include qualitative data on accessibility improvements to either new or existing assets. To the extent feasible, such railroad metrics should be provided and analyzed discretely for intercity passenger rail and, if applicable, Commuter Rail Passenger Transportation and freight rail transportation services involved in the proposed project. For more information on performance metrics see FRA's Metrics and Minimum Standards for Intercity Passenger Rail Service, available at: 
                    <E T="03">https://railroads.dot.gov/elibrary/metrics-and-standards-final-rule-november-16-2020.</E>
                </P>
                <P>
                    <E T="03">xiii. Project Implementation and Management:</E>
                     Applicants must describe proposed project implementation and project management arrangements. Include descriptions of the expected arrangements for project contracting (construction, maintenance, and operation), contract oversight and control, change-order management, risk management, and conformance to federal requirements for project progress reporting (see FRA Reports, available at: 
                    <E T="03">https://www.fra.dot.gov/Page/P0274</E>
                    ). Further, applicants must provide their plan for taking affirmative steps to employ small businesses consistent with 2 CFR 200.321. Describe experience in managing and overseeing similar projects; the technical qualifications and demonstrated experience of key personnel proposed to lead and perform the technical efforts; and the qualifications of the primary and supporting organizations to fully and successfully execute the proposed project within the proposed timeframe and budget, including a discussion of the factors in 2 CFR 200.206(b) and the proposed approach to assessing and mitigating project risk.
                </P>
                <HD SOURCE="HD3">b. Additional Application Elements</HD>
                <P>
                    Applicants must submit the following documents and forms. Note, the Standard OMB Forms needed for the electronic application process are available at: 
                    <E T="03">www.Grants.gov.</E>
                </P>
                <P>
                    i. A Statement of Work (SOW), addressing the scope, project budget, estimated project schedule, and performance measures, for the proposed project if it were selected for award. The applicant should include sufficient detail in those documents so that FRA can understand the expected outcomes of the proposed work to be performed and can monitor progress toward completing project tasks and deliverables during a prospective grant's period of performance. Applicants are expected to include Articles 4-7 of Attachment 2: Project Specific Terms and Conditions, at a minimum.
                    <SU>16</SU>
                    <FTREF/>
                     Applications that do not follow this format may be considered incomplete and may not be reviewed. In addition, FRA encourages applicants submitting planning projects to look at the planning-specific Statement of Work template available here: 
                    <E T="03">https://railroads.dot.gov/elibrary/RCE-Grant-Project-Planning-SOW-sample.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.</E>
                    </P>
                </FTNT>
                <P>When preparing the budget, the total cost of a project must be based on the best available information as indicated in cited references that include engineering studies, economic feasibility studies, environmental analyses, and information on the expected use of equipment or facilities. Applicants must include annual budget estimates in year of expenditure dollars for the duration of the project.</P>
                <P>ii. Environmental compliance documentation, as applicable, if a website link to such documentation is not provided in the Project Narrative.</P>
                <P>
                    Applicants should explain what Federal (and, if appropriate, State, Tribal, and local) environmental compliance and permitting requirements have been completed. Such requirements include NEPA and other Federal, State, Tribal, and local environmental permitting requirements, if applicable. For all other Federal, State, Tribal, and local permitting requirements, the applicant should describe which permits apply, the status of those reviews, and the expected timeline for completion. If the NEPA process is complete, an applicant should indicate the date of completion, and provide a website link or other reference to the documents demonstrating compliance with NEPA, which might include a final Categorical Exclusion determination documentation, Finding of No Significant Impact, or Record of Decision. If the NEPA process is not yet underway, the application should state this. If the NEPA process is underway, but not complete, the application should detail the type of NEPA review underway, where the project is in the process, and indicate the anticipated date of completion of all NEPA and other environmental requirements. Additional information regarding FRA's environmental processes and requirements is located at 
                    <E T="03">https://fra.dot.gov/environment.</E>
                </P>
                <P>
                    iii. Draft or finalized agreement required under 49 U.S.C. 22905(c)(1), if applicable. Provide information about the status of agreements with infrastructure owners. FRA encourages early cooperation between applicants and any relevant infrastructure owners. Under section 22905(c)(1), a grant applicant must have entered into a written agreement with a railroad that owns rights-of-way to be used by the project (referred to as the 22905 Agreement) prior to grant obligation. If the agreement is complete at the time of the application, an applicant should indicate the agreement's effective date, and provide a website link or attach the agreement as part of the application. Applicants are also encouraged to provide draft agreements. The written agreement between the grantee and the railroad should describe use and ownership, including any compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; an assurance by the railroad that collective bargaining agreements with the railroad's employees including terms regulating the contracting of work will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and an assurance that the grantee complies with liability requirements consistent with 49 U.S.C. 28103. For additional guidance see the FRA Answers to Frequently Asked Questions about Rail Improvement Grant Conditions under 49 U.S.C. 22905(c)(1): 
                    <E T="03">https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.</E>
                </P>
                <P>iv. SF 424—Application for Federal Assistance.</P>
                <P>v. SF 424A—Budget Information for Non-Construction or SF 424C—Budget Information for Construction.</P>
                <P>vi. SF 424B—Assurances for Non-Construction or SF 424D—Assurances for Construction.</P>
                <P>
                    vii. FRA F30—Certification Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying, located at 
                    <E T="03">https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.</E>
                    <PRTPAGE P="56799"/>
                </P>
                <P>
                    viii. FRA F 251—Applicant Financial Capability Questionnaire, located at 
                    <E T="03">https://railroads.dot.gov/elibrary/fra-f-251.</E>
                </P>
                <P>ix. SF LLL—Disclosure of Lobbying Activities.</P>
                <P>
                    Forms needed for the electronic application process are at 
                    <E T="03">www.Grants.gov.</E>
                </P>
                <HD SOURCE="HD3">c. Post-Selection Requirements</HD>
                <P>See section F(2) of this notice for post-selection requirements.</P>
                <HD SOURCE="HD2">3. Unique Entity Identifier and System for Award Management (SAM)</HD>
                <P>
                    To apply for funding through 
                    <E T="03">Grants.gov</E>
                    , applicants must be properly registered in SAM before submitting an application, provide a valid unique entity identifier in its application, and continue to maintain an active SAM registration all as described in detail below. Complete instructions on how to register and submit an application can be found at 
                    <E T="03">www.Grants.gov.</E>
                     Registering with 
                    <E T="03">Grants.gov</E>
                     is a one-time process; however, it can take up to several weeks for first-time registrants to receive confirmation and a user password. FRA recommends that applicants start the registration process as early as possible to prevent delays that may preclude submitting an application package by the application deadline. Applications will not be accepted after the due date. Delayed registration is not an acceptable justification for an application extension.
                </P>
                <P>
                    FRA may not make a grant award to an applicant until the applicant has complied with all applicable SAM requirements, and if an applicant has not fully complied with the requirements by the time the federal awarding agency is ready to make a federal award, the federal awarding 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. Late applications, including those that are the result of a failure to register or comply with 
                    <E T="03">Grants.gov</E>
                     applicant requirements in a timely manner, will not be considered. If an applicant has not fully complied with the requirements by the submission deadline, the application will not be considered. To submit an application through 
                    <E T="03">Grants.gov</E>
                    , applicants must follow the directions below in this subsection.
                </P>
                <HD SOURCE="HD3">
                    a. Register With the SAM at 
                    <E T="03">www.SAM.gov</E>
                </HD>
                <P>
                    All applicants for federal financial assistance must maintain current registrations in the SAM database. An applicant must be registered in SAM to successfully register in 
                    <E T="03">Grants.gov</E>
                    . The SAM database is the repository for standard information about federal financial assistance applicants, grantees, and subrecipients. Organizations that have previously submitted applications via 
                    <E T="03">Grants.gov</E>
                     are already registered with SAM, as it is a requirement for 
                    <E T="03">Grants.gov</E>
                     registration. Please note, however, that applicants must update or renew their SAM registration at least once per year to maintain an active status. Therefore, it is critical to check registration status well in advance of the application deadline. If an applicant is selected for an award, the applicant must maintain an active SAM registration with current information throughout the period of the award, including information on a grantee's immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded a federal contract or grant within the last three years, if applicable. Information about SAM registration procedures is available at 
                    <E T="03">www.SAM.gov.</E>
                </P>
                <HD SOURCE="HD3">b. Obtain a Unique Entity Identifier</HD>
                <P>
                    On April 4, 2022, the Federal government discontinued using DUNS numbers. The DUNS Number was replaced by a new, non-proprietary identifier that is provided by the System for Award Management (
                    <E T="03">SAM.gov</E>
                    ). This new identifier is called the Unique Entity Identifier (UEI), or the Entity ID. To find or request a Unique Entity Identifier, please visit: 
                    <E T="03">www.SAM.gov.</E>
                </P>
                <HD SOURCE="HD3">
                    c. Create a 
                    <E T="03">Grants.gov</E>
                     Username and Password
                </HD>
                <P>
                    Applicants must complete an Authorized Organization Representative (AOR) profile on 
                    <E T="03">www.Grants.gov</E>
                     and create a username and password. Applicants must use the organization's UEI to complete this step. Additional information about the registration process is available at: 
                    <E T="03">https://www.grants.gov/applicants/applicant-registration.</E>
                </P>
                <HD SOURCE="HD3">d. Acquire Authorization for Your AOR From the E-Business Point of Contact (E-Biz POC)</HD>
                <P>
                    The E-Biz POC at the applicant's organization must respond to the registration email from 
                    <E T="03">Grants.gov</E>
                     and login at 
                    <E T="03">www.Grants.gov</E>
                     to authorize the applicant as the AOR. Please note there can be more than one AOR for an organization.
                </P>
                <HD SOURCE="HD3">e. Submit an Application Addressing All Requirements Outlined in This NOFO </HD>
                <P>
                    If an applicant has trouble at any point during this process, please call the 
                    <E T="03">Grants.gov</E>
                     Customer Center Hotline at 1-800-518-4726, 24 hours a day, 7 days a week (closed on Federal holidays). For information and instructions on each of these processes, please see instructions at: 
                    <E T="03">https://www.grants.gov/support.</E>
                </P>
                <HD SOURCE="HD2">4. Submission Dates and Times</HD>
                <P>
                    Applicants must submit complete applications to 
                    <E T="03">www.Grants.gov</E>
                     no later than 11:59 p.m. EST, September 23, 2024. Applicants will receive a system-generated acknowledgement of receipt. FRA reviews 
                    <E T="03">www.Grants.gov</E>
                     information on dates/times of applications submitted to determine timeliness of submissions. Late applications will be neither reviewed nor considered, no exceptions. To apply for funding under this announcement, all applicants are required to be registered as an organization with 
                    <E T="03">Grants.gov</E>
                    . Applicants are strongly encouraged to apply early to ensure all materials are received before this deadline.
                </P>
                <P>
                    To ensure fair competition for limited discretionary funds, no late submissions will be reviewed for any reason, including: (1) failure to complete the 
                    <E T="03">Grants.gov</E>
                     registration process before the deadline; (2) failure to follow 
                    <E T="03">Grants.gov</E>
                     instructions on how to register and apply as posted on its website; (3) failure to follow all the instructions in this NOFO; and (4) technical issues experienced with the applicant's computer or information technology environment.
                </P>
                <HD SOURCE="HD2">5. Intergovernmental Review</HD>
                <P>Intergovernmental Review is required for this program. Applicants must contact their State Single Point of Contact to comply with their State's process under Executive Order 12372.</P>
                <HD SOURCE="HD2">6. Funding Restrictions</HD>
                <P>
                    Consistent with 2 CFR 200.458, as applicable, FRA will only approve pre-award costs if such costs are incurred pursuant to the negotiation and in anticipation of the grant agreement and if such costs are necessary for efficient and timely performance of the scope of work.
                    <SU>17</SU>
                    <FTREF/>
                     Under 2 CFR 200.458, grant recipients must seek written approval from FRA for pre-award activities to be 
                    <PRTPAGE P="56800"/>
                    eligible for reimbursement under the grant. Activities initiated prior to the execution of a grant or without FRA's written approval may be ineligible for reimbursement or matching contribution. Cost sharing or matching may be used only for authorized Federal award purposes.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         For more information on pre-award costs, see FRA Answers to Frequently Asked Questions about Pre-Award Authority, available at: 
                        <E T="03">https://railroads.dot.gov/elibrary/federal-railroad-administration-answers-frequently-asked-questions-about-pre-award.</E>
                    </P>
                </FTNT>
                <P>Applicants may count costs incurred for Preliminary Engineering costs on Highway-Rail and Pathway-Rail Grade Crossing Projects as part of the total project costs. Consistent with 49 U.S.C. 22909(g), such costs are eligible as non-federal share or reimbursement, even if they were incurred before project selection for award. Such costs must have been incurred no earlier than November 15, 2021, and must be otherwise compliant with 2 CFR part 200 and the requirements of this NOFO.</P>
                <HD SOURCE="HD2">7. Other Submission Requirements</HD>
                <P>Please use generally accepted formats such as .pdf, .doc, .docx, .xls, .xlsx and .ppt, when uploading attachments. While applicants may embed picture files, such as .jpg, .gif, and .bmp, in document files, applicants should not submit attachments in these formats. Additionally, the following formats will not be accepted: .com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, .sys, and .zip.</P>
                <HD SOURCE="HD1">E. Application Review Information</HD>
                <HD SOURCE="HD2">1. Criteria</HD>
                <HD SOURCE="HD3">a. Eligibility and Completeness</HD>
                <P>FRA will first screen each application for applicant and project eligibility (eligibility requirements are outlined in section C of this NOFO), completeness (application documentation and submission requirements are outlined in section D of this NOFO), and the 20 percent minimum non-federal match.</P>
                <HD SOURCE="HD3">b. Evaluation Criteria</HD>
                <P>FRA will evaluate all eligible and complete applications using the evaluation criteria outlined in this section to determine project readiness, technical merit, and project benefits.</P>
                <P>i. Project Readiness:</P>
                <P>
                    In evaluating Project Readiness, FRA will evaluate project and applicant risk based on the applicant's preparedness and capacity to implement the proposed project, including whether the applicant is reasonably equipped to begin the capital or planning project in a timely manner to meet its proposed schedule. FRA will evaluate whether the applicant is able to meet project milestones and use Federal funds efficiently to deliver the proposed project.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         Additional information on DOT's Project Readiness checklist can be found here: 
                        <E T="03">https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants.</E>
                    </P>
                </FTNT>
                <P>FRA will evaluate the application for the degree to which—</P>
                <P>(A) The application demonstrates strong project readiness, evidenced by status of required NEPA actions and environmental permitting readiness (if applicable);</P>
                <P>(B) The status and timeline of agreements, such as an agreement required under 49 U.S.C. 22905(c)(1), necessary for the legal, financial, and technical capacity to complete the project as proposed, are sufficiently developed;</P>
                <P>(C) The application identifies the appropriate Lifecycle Stage(s) for the proposed project, demonstrates that the project has completed or will complete any preceding Lifecycle Stage(s), and the project is able to complete all requirements of the identified Lifecycle Stage(s); and</P>
                <P>(D) Project partner coordination and commitments, including letters of support, agreements, and funding, are secured or able to be secured without undue delay.</P>
                <P>ii. Technical Merit:</P>
                <P>In evaluating Technical Merit, FRA will evaluate the degree to which the application, statement of work, schedule and budget are reasonable and appropriate to achieve the expected outcomes, commitment of necessary resources and workforce to deliver the project, and the proposed project elements are appropriate for the project funding request. FRA will also consider applicant risk, including the applicant's past performance in developing and delivering similar projects.</P>
                <P>FRA will evaluate application information for the degree to which—</P>
                <P>(A) The tasks and subtasks outlined in the SOW, project budget, and estimated project schedule are appropriate to achieve the expected outcomes of the proposed project;</P>
                <P>(B) The technical qualifications and experience of key personnel the applicant proposes to lead and perform the technical efforts, including the qualifications of the primary and supporting organizations, demonstrates the ability to fully and successfully execute the proposed project within the proposed time frame and budget;</P>
                <P>(C) The project is identified in the freight investment plan component of a state freight plan, a state rail plan, a state highway-rail grade crossing action plan, a state freight plan, or other equivalent document;</P>
                <P>(D) The project will use innovative technologies, innovative design and construction techniques, or construction materials that reduce greenhouse gas emissions;</P>
                <P>(E) The project will use financial support from impacted rail carriers; and</P>
                <P>(F) The project will improve the mobility of multiple modes of transportation, including ingress and egress from freight facilities, or users of nonvehicular modes of transportation such as pedestrians, bicycles, and public transportation.</P>
                <P>iii. Project Benefits:</P>
                <P>FRA will evaluate application information for the extent to which the proposed project—</P>
                <P>(A) Improves safety at Highway-Rail or Pathway-Rail Grade Crossings;</P>
                <P>(B) Proposes to grade separate, eliminate, or close one or more Highway-Rail or Pathway-Rail Grade Crossings;</P>
                <P>(C) Improves the mobility of both people and goods;</P>
                <P>(D) Reduces emissions, protects the environment, and provides community benefit (including noise reduction);</P>
                <P>(E) Improves access to emergency services;</P>
                <P>(F) Improves access to communities;</P>
                <P>(G) Provides economic benefit; and</P>
                <P>(H) Uses contracting incentives to employ local labor, to the extent permissible under federal law.</P>
                <P>For each evaluation criterion—Project Readiness, Technical Merit, and Project Benefits—FRA will evaluate whether the application demonstrates level of risk or responsiveness, as applicable, as described in the rubrics below.</P>
                <P>For each merit criterion, FRA will use rubric ratings with applied criteria to evaluate whether the applications meet the defined thresholds:</P>
                <HD SOURCE="HD3">Merit Criteria Ratings—Project Readiness</HD>
                <P>
                    For the Project Readiness Criteria described in section E(B)(i), FRA will evaluate the application's responsiveness to the criteria, including an assessment of supporting justifications, and assign a cumulative Project Readiness risk rating.
                    <PRTPAGE P="56801"/>
                </P>
                <GPOTABLE COLS="4" OPTS="L2,nj,tp0,i1" CDEF="s50,r50,r50,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Unacceptable</CHED>
                        <CHED H="1">High risk</CHED>
                        <CHED H="1">Medium risk</CHED>
                        <CHED H="1">Low risk</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Application provides limited or no information necessary to assess the project readiness criteria; application does not demonstrate support, progress, or completion of required Lifecycle Stage(s) pre-requisites; or application contains one or more significant barriers that would prevent project delivery</ENT>
                        <ENT>Application provides insufficient information to assess the project readiness criteria; application does not demonstrate sufficient support, progress, or completion of required Lifecycle Stage(s) pre-requisites but indicates risk to advancing the project without foreseeable delays; or application contains a barrier that would likely prevent project delivery in any of these areas</ENT>
                        <ENT>Application provides sufficient information to assess the project readiness criteria; demonstrates support, progress, or completion on one or more required Lifecycle Stage(s) pre-requisites, but indicates some risk to advancing the project in a timely manner; and the application does not contain a barrier that would likely prevent project delivery in any of these areas</ENT>
                        <ENT>Application provides thorough and complete information and evidence to assess the project readiness criteria, and demonstrates strong support, progress, or completion on required Lifecycle Stage(s) pre-requisites, and indicates minimal risk to advancing the project in a timely manner; and application does not contain a barrier that would likely prevent project delivery in any of these areas.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD3">Merit Criteria Ratings—Technical Merit</HD>
                <P>For the Technical Merit Criteria described in section E(B)(ii), FRA will evaluate the application's responsiveness to the criteria, including an assessment of supporting justifications, and assign a cumulative technical merit rating.</P>
                <GPOTABLE COLS="4" OPTS="L2,nj,tp0,i1" CDEF="s50,r50,r50,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Unacceptable</CHED>
                        <CHED H="1">Acceptable</CHED>
                        <CHED H="1">Responsive</CHED>
                        <CHED H="1">Highly responsive</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Application provides limited or no information necessary to assess the technical merit criteria, or application demonstrates one or more significant technical challenges that would prevent the applicant from delivering the project</ENT>
                        <ENT>Application contains insufficient information to assess one or more of the technical merit criteria, or application demonstrates technical challenges that could affect project delivery, but not prevent the applicant from delivering the project</ENT>
                        <ENT>Application provides sufficient information and evidence to assess the technical merit criteria and demonstrates that the applicant can deliver the project with minimal technical challenges</ENT>
                        <ENT>Application provides thorough and complete information and evidence to assess the technical merit criteria, and sufficiently demonstrates that the project can be successfully delivered by the applicant.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD3">Merit Criteria Ratings—Project Benefits</HD>
                <P>For the Project Benefits Criteria described in section E(B)(iii), FRA will evaluate the application's responsiveness to the criteria, including an assessment of supporting justifications, and assign a cumulative Project Benefits rating.</P>
                <GPOTABLE COLS="4" OPTS="L2,nj,tp0,i1" CDEF="s50,r50,r50,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Unacceptable</CHED>
                        <CHED H="1">Acceptable</CHED>
                        <CHED H="1">Responsive</CHED>
                        <CHED H="1">Highly responsive</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Application provides insufficient information necessary to assess the project benefits criteria, and does not demonstrate that the project will achieve its intended benefits</ENT>
                        <ENT>The application contains limited information to assess the project benefits criteria; or the project is not likely to achieve all of its intended benefits</ENT>
                        <ENT>Application provides sufficient information to assess the project benefits criteria, and adequately demonstrates that the project will likely achieve its intended benefits</ENT>
                        <ENT>Application provides thorough and complete information and evidence to assess the project benefits criteria, and sufficiently demonstrates that the project will achieve its intended benefits.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>In addition to the ratings described above, FRA will also apply the selection preferences described in section E(C)(i) and consider the Administration Priorities described in section E(2)(c)(ii).</P>
                <HD SOURCE="HD3">c. Selection Criteria</HD>
                <P>After completing the merit review, FRA will apply the selection criteria and consider the Administration Priorities in this section.</P>
                <HD SOURCE="HD3">i. FRA will give preference to eligible projects that—</HD>
                <P>(A) result in one or more grade separated crossings;</P>
                <P>(B) close grade crossings through Track Relocation; or</P>
                <P>
                    (C) result in corridor-wide grade crossing improvements.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         FRA considers corridor-wide grade crossing improvements to be projects that directly improve a series of linked, consecutive grade crossings.
                    </P>
                </FTNT>
                <P>ii. Administration Priorities</P>
                <P>FRA will consider how projects address the following key Administration Priorities:</P>
                <P>
                    <E T="03">Safety:</E>
                     FRA will assess the project's ability to foster a safe transportation system for the movement of goods and people, consistent with DOT's strategic goal to reduce transportation-related fatalities and serious injuries across the transportation system. Such considerations will include, but are not limited to, the extent to which the project improves and upgrades infrastructure to achieve a higher level of safety, reduces incidences of rail-related trespassing, upgrades infrastructure to achieve a higher level of safety, and uses an appropriately trained workforce. Overall, FRA expects that projects will provide positive safety benefits for all users and not negatively impact safety for all users.
                </P>
                <P>
                    <E T="03">Climate Change and Sustainability:</E>
                     FRA will assess the project's ability to reduce the harmful effects of climate change and anticipate necessary improvements to prepare for extreme weather events. Such considerations may include, but are not limited to, the extent to which the project reduces emissions, promotes energy efficiency, increases resiliency, incorporates evidence-based climate resilience measures or features, and avoids adverse environmental impacts to air or 
                    <PRTPAGE P="56802"/>
                    water quality, wetlands, and endangered species.
                </P>
                <P>Applicants are encouraged to use the DOT Navigator Climate checklist in responding to this criterion. Applications that are rated highly on this criterion will be those that use data-driven and evidence-based methods to demonstrate that the project will:</P>
                <P>• Significantly reduce GHG emissions in the transportation sector; and</P>
                <P>• Incorporate evidence-based climate resilience measures or features.</P>
                <P>
                    <E T="03">Equity and Justice40:</E>
                     FRA will assess elements including how the project will create positive outcomes that will reduce, mitigate, or reverse how a community is experiencing disadvantage through increasing affordable transportation options, improving health or safety, reducing pollution, connecting Americans to good-paying jobs, fighting climate change, and/or improving access to nature, resources, transportation or mobility, and quality of life. FRA will consider the benefits and potential burdens a project may create, who would experience them and how the benefits and potential burdens will impact disadvantaged communities.
                </P>
                <P>
                    Applicants are strongly encouraged to use the FRA's Justice40 Rail Explorer Tool (
                    <E T="03">https://usdot.maps.arcgis.com/apps/webappviewer/index.html?id=fd9810f673b64d228ae072bead46f703</E>
                    ) to identify the rail infrastructure in their project and features of the surrounding community as the basis of their assessment. The FRA Justice40 Rail Explorer Tool is a rail-specific complement to the USDOT ETC Explorer and leverages the same methodology and metrics. The FRA Justice40 Rail Explorer Tool provides GIS information on existing rail infrastructure, communities, and pollution levels based on the proposed project's location, and applicants can thus use this tool to note how their project location scores across several different measures. Transportation disadvantaged communities experience burden, as a result of underinvestment in transportation, in the following five components: Transportation Insecurity, Climate and Disaster Risk Burden, Environmental Burden, Health Vulnerability, and Social Vulnerability.
                </P>
                <P>Applicants are also encouraged to use Climate &amp; Economic Justice Screening Tool (CEJST), a new tool by the White House Council on Environmental Quality (CEQ), that aims to help Federal agencies identify disadvantaged communities as part of the Justice40 initiative to accomplish the goal that 40% of benefits from certain federal investment reach disadvantaged communities. Applicants should use CEJST to identify disadvantaged communities (Justice40 communities). Applicants are encouraged to use the USDOT Equitable Transportation Community (ETC) Explorer to understand how their community or project area is experiencing disadvantage related to lack of transportation investments or opportunities. Through understanding how a community or project area is experiencing transportation-related disadvantage, applicants are able to address how the benefits of a project will reverse or mitigate the burdens of disadvantage and demonstrate how the project will address challenges and accrued benefits.</P>
                <P>
                    <E T="03">Workforce Development, Job Quality, and Wealth Creation:</E>
                     FRA will assess how the project will create good-paying, safe jobs with free and fair choice to join a union including through the use of a project labor agreement, promote investments in high-quality workforce development programs, adopt local and economic hiring preferences for the project workforce, and promote local inclusive economic and entrepreneurship programs.
                </P>
                <P>For Administration Priorities, FRA will consider the application's responsiveness to the criteria, and will result in a rating of “Non-responsive, “Acceptable,” “Responsive,” or “Highly Responsive” as described in the rubric below. Applicants do not need to respond to all of the Administration Priorities if the criterion is not applicable to the proposed project.</P>
                <HD SOURCE="HD3">Administration Priorities</HD>
                <P>For the Administration Priorities Criteria described in section E(C)(ii), FRA will consider the application's responsiveness to the criteria, including an assessment of supporting justifications.</P>
                <GPOTABLE COLS="4" OPTS="L2,nj,tp0,i1" CDEF="s50,r50,r50,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Non-responsive</CHED>
                        <CHED H="1">Acceptable</CHED>
                        <CHED H="1">Responsive</CHED>
                        <CHED H="1">Highly responsive</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Application contains insufficient information to assess any of the Administration Priorities, or project is inconsistent with one or more of the Administration Priorities</ENT>
                        <ENT>Application contains limited information that is supported by some evidence, but primarily described qualitatively, that the project is consistent with at least one of the Administration Priorities</ENT>
                        <ENT>Application contains sufficient information that is adequately supported by both quantitative and qualitative evidence that the project has clear and direct benefits in at least one of the Administration Priorities</ENT>
                        <ENT>Application contains thorough and complete information that is strongly supported by both quantitative and qualitative evidence that the project has clear, direct, and significant benefits in one or more of the Administration Priorities, and is not inconsistent with any of the Administration Priorities.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    Upon completion of all reviews, FRA will finalize an Overall Rating for each application. This rating will be a combination of the results of the three Merit Criteria reviews, specifically Project Readiness, Project Benefits, and Technical Merit criteria ratings as described in sections E(B)(i)-E(B)(iii); and the Administration Priorities as described in section E(c)(ii). Provided in the Overall Rating Rubric below, each rating has defined parameters to which each application will be assessed.
                    <PRTPAGE P="56803"/>
                </P>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,r50,r50,r50">
                    <TTITLE>Overall Rating</TTITLE>
                    <BOXHD>
                        <CHED H="1">Not recommended</CHED>
                        <CHED H="1">Acceptable</CHED>
                        <CHED H="1">Recommended</CHED>
                        <CHED H="1">Highly recommended</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">The application received an overall score of not recommended based on Project Readiness, Technical Merit, and Project Benefits ratings, and consideration of Administration Priorities</ENT>
                        <ENT>The application received an overall score of acceptable based on Project Readiness, Technical Merit, and Project Benefits ratings, and consideration of Administration Priorities</ENT>
                        <ENT>The application received an overall score of recommended based on Project Readiness, Technical Merit, and Project Benefits ratings, and has clear and direct benefits in one of the Administration Priorities</ENT>
                        <ENT>The application received an overall score of highly recommended based on Project Readiness, Technical Merit, and Project Benefits ratings, and has clear, direct, and significant benefits in one or more of the Administration Priorities.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The evaluation process may draw upon subject matter experts within FRA Division offices whose expertise is relevant to understanding the application's responsiveness to the program criteria, such as assessing the applicant's capacity to successfully deliver the project in compliance with applicable federal requirements based on factors including, but not limited to, the recipient's experience working with federal agencies, previous experience with DOT discretionary grant awards and/or the technical experience and resources dedicated to the project. Finally, in determining the allocation of program funds, FRA may also consider geographic diversity, diversity in the size of the systems receiving funding, and the applicant's receipt of other competitive awards.</P>
                <HD SOURCE="HD2">2. Review and Selection Process</HD>
                <P>FRA will conduct a five-part application review process, as follows:</P>
                <P>
                    • 
                    <E T="03">Intake and Eligibility Phase:</E>
                     Screen applications for applicant and project eligibility, completeness, and the minimum match (completed by the Evaluation Management and Oversight Team, or “EMOT,” comprised of FRA program review directors who manage the pre-award process);
                </P>
                <P>
                    • 
                    <E T="03">Evaluation Review Phase:</E>
                     Evaluate remaining applications against the statutory technical merit criteria, project benefit criteria, project readiness and the applicant's ability (based on past performance and relevant project factors) to develop and deliver similar projects, and alignment with Administration Priorities (completed by technical merit review panels consisting of FRA and other Department of Transportation (DOT) staff). The EMOT will compile the results of the Evaluation Review Phase consistent with the RCE Program set-asides and selection preferences. After considering all FRA reviews under the statutory criteria, applications will be assigned an overall rating of “Highly Recommended,” “Recommended,” “Acceptable,” or “Not Recommended”;
                </P>
                <P>
                    • 
                    <E T="03">Steering Committee Phase:</E>
                     The Steering Committee is comprised of Senior Directors with the Office of Railroad Development, which may also include senior leadership from the Railroad Office of Safety and other relevant offices. The EMOT briefs the Steering Committee on all rated applications, and the Steering Committee may request more information from FRA offices whose expertise may be relevant. The Steering Committee provides strategic direction, in line with program goals outlined in this NOFO, on the development of materials and approach for the Senior Review Team (SRT) briefing;
                </P>
                <P>
                    • 
                    <E T="03">Senior Review Phase:</E>
                     The SRT, which may include senior leadership from the Office of the Secretary and FRA, will review and apply selection criteria, and recommend an initial selection of projects for the FRA Administrator's review; and
                </P>
                <P>
                    • 
                    <E T="03">Selection and Award Phase:</E>
                     The FRA Administrator will recommend awards for the Secretary or his designee's review and approval.
                </P>
                <HD SOURCE="HD2">3. Reporting Matters Related to Integrity and Performance</HD>
                <P>Before making a federal award with a total amount of federal share greater than the simplified acquisition threshold per 2 CFR 200.1 and 2 CFR 200.320, FRA will review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). See 41 U.S.C. 2313.</P>
                <P>An applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that a federal awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM.</P>
                <P>FRA will consider any comments by the applicant, in addition to the other information, in making a judgment about the applicant's integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 CFR 200.206</P>
                <HD SOURCE="HD1">
                    F. Federal Award Administration Information 
                    <E T="51">20</E>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         More information on FRA Discretionary Grant Agreements can be found at: 
                        <E T="03">https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">1. Federal Award Notices</HD>
                <P>FRA will announce applications selected for funding in a press release and on FRA's website after the application review period. This announcement is FRA's notification to successful and unsuccessful applicants alike. Following this announcement, FRA will contact the point of contact listed in the SF 424 to initiate negotiation of a project-specific grant agreement. This notification is not an authorization to begin proposed project activities. FRA requires satisfaction of applicable requirements by the applicant and a formal agreement signed by both the grantee and FRA, including an approved scope, schedule, and budget, before obligating the grant.</P>
                <HD SOURCE="HD2">2. Administrative and National Policy Requirements</HD>
                <P>
                    In connection with any program or activity conducted with or benefiting from funds awarded under this notice, grantees of funds must comply with all applicable requirements of federal law, including, without limitation, the Constitution of the United States; the relevant authorization and appropriations, the conditions of performance, nondiscrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of DOT; and applicable federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, grantees must ensure that no concession agreements are denied, or other contracting decisions made on the basis of speech or other activities protected by the First 
                    <PRTPAGE P="56804"/>
                    Amendment. If DOT determines that a grantee has failed to comply with applicable federal requirements, DOT may terminate the award of funds and disallow previously incurred costs, requiring the grantee to reimburse any expended award funds. The new FRA grant agreement consists of three parts: Attachment 1: Standard Terms and Conditions, Attachment 2: Project-Specific Terms and Conditions, and Terms and Conditions Exhibits.
                </P>
                <P>Examples of administrative and national policy requirements include: 2 CFR part 200; procurement standards at 2 CFR part 200 subpart D, 2 CFR 1207.317, and 2 CFR 200.401; compliance with federal civil rights laws and regulations; disadvantaged business enterprises requirements; debarment and suspension requirements; drug-free workplace requirements; FRA's and OMB's Assurances and Certifications; the Americans with Disabilities Act (ADA); safety requirements; NEPA; environmental justice; compliance with 49 U.S.C. 24905(c)(2) for the duration of NEC Projects; and 2 CFR 200.315, governing rights to intangible property. Projects assisted with funds provided through the Maglev Grants Program are subject to 49 U.S.C. 5333(a). Unless otherwise stated in statutory or legislative authority, or appropriations language, all financial assistance awards follow the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 and 2 CFR part 1201.</P>
                <P>
                    Assistance under this NOFO is subject to the grant conditions in 49 U.S.C. 22905, including labor protective arrangements that are equivalent to the protective arrangements established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836) with respect to employees affected by actions taken in connection with the project to be financed in whole or in part by grants, subject to 49 U.S.C. 22905, the provision deeming operators as rail carriers and employers for certain purposes, and grantee agreements with railroad right-of-way owners for projects using railroad rights-of-way (see section D(2)(a)(viii)(A)(5)).
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         More information on labor protections can be found here: 
                        <E T="03">https://railroads.dot.gov/elibrary/equivalent-labor-protections</E>
                        .
                    </P>
                </FTNT>
                <P>Projects selected under this NOFO for commuter rail passenger transportation for positive train control projects may be transferred to the Federal Transit Administration for grant administration at the Secretary's discretion. If such a project is transferred to the Federal Transit Administration, applicants will be required to comply with chapter 53 of title 49 of the United States Code.</P>
                <P>
                    Projects that have not sufficiently considered climate change and environmental justice in their planning, as determined by FRA, will be required to do so before receiving funds for construction, consistent with core policy goals of assessing these potential impacts. For example, see Executive Order 14008, 
                    <E T="03">Tackling the Climate Crisis at Home and Abroad</E>
                     (86 FR 7619), and Executive Order 14096, 
                    <E T="03">Revitalizing Our Nation's Commitment to Environmental Justice.</E>
                     In the grant agreement, recipients will be expected to describe activities they have taken or will take prior to obligation of construction funds to address climate change and environmental justice (EJ). (See Article 9 of FRA's Attachment 2: Project-Specific Terms and Conditions for a list of project activities that address climate change and environmental justice priorities, available at: 
                    <E T="03">https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.</E>
                    ) Activities that address climate change include, but are not limited to, demonstrating the project: will result in significant greenhouse gas emissions reductions; supports emissions reductions goals in a local/regional/state plan; improves disaster preparedness and resilience; incorporates resilience in its design; and primarily focuses on funding for state of good repair and clean transportation options, including public transportation, walking, biking, and micro-mobility. Activities that address environmental justice may include, but are not limited to: basing project design on consideration of community impacts; information gained from screening tools such as CEJST, EPA's EJ Screen, or other appropriate environmental and community impacts tools developed by a State agency; connecting transportation disadvantaged communities or other communities with environmental justice concerns based on information gained from either the screening tools noted above or FRA's Justice40 Rail Explorer Tool; conducting enhanced, targeted outreach to potentially affected communities, including disadvantaged communities; considering environmental justice in alternatives analysis and final project design; and supporting a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand.
                </P>
                <P>
                    Projects must consider and address equity and barriers to opportunity in their planning, as determined by FRA, and as a condition of receiving construction funds, consistent with Executive Order 13985, 
                    <E T="03">Advancing Racial Equity and Support for Underserved Communities Through the Federal Government</E>
                     (86 FR 7009). The grant agreement should include the grantee's description of activities it has taken or will take prior to obligation of construction funds that address equity and barriers to opportunity. These activities may include, but are not limited to: completing an equity impact analysis for the project; completing a community needs assessment; adopting an equity and inclusion program/plan; conducting meaningful public engagement to ensure underserved communities are provided an opportunity to be involved in the planning process in a manner consistent with Title VI of the Civil Rights Act (Title VI); including investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities; hiring from local communities; improving access to or providing economic growth and wealth building opportunities for underserved, overburdened, or rural communities; or addressing historic or current inequitable air pollution or other environmental, health, or economic burdens and impacts. (See Article 10 of FRA's Attachment 2: Project-Specific Terms and Conditions for a list of project activities that address efforts to improve racial equity and reduce barriers to opportunity, available at: 
                    <E T="03">https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.</E>
                    ) While not a selection criterion to the extent the project includes or is part of a station area, DOT encourages project sponsors to consider how the submitted project could develop or facilitate economic development, including commercial and residential development that enhances the economic vitality and competitiveness of the surrounding neighborhoods and region.
                </P>
                <P>
                    To the extent that applicants have not sufficiently considered job quality and labor rights in their planning, as determined by the Department of Labor, applicants will be required to do so before receiving funds for construction, consistent with Executive Order 14025, 
                    <E T="03">Worker Organizing and Empowerment</E>
                     (86 FR 22829), and Executive Order 14052, 
                    <E T="03">Implementation of the Infrastructure Investment and Jobs Act</E>
                     (86 FR 64335). Specifically, the project planning activities and project delivery actions must support: strong labor 
                    <PRTPAGE P="56805"/>
                    standards and the free and fair choice to join a union, including project labor agreements, local hire agreements, distribution of workplace rights notices, and use of an appropriately trained workforce; support of high-quality workforce development programs, including registered apprenticeship, labor-management training programs, and supportive services to help train, place, and retain people in good-paying jobs and apprenticeships; and comprehensive planning and policies to promote hiring and inclusion for all groups of workers, including through the use of local and economic hiring preferences, linkage agreements with workforce programs that serve underrepresented groups, and proactive plans to prevent harassment. (See Article 11 of FRA's Attachment 2: Project-Specific Terms and Conditions for a list of project activities that address efforts to support good-paying jobs and strong labor standards, available at: 
                    <E T="03">https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.</E>
                    )
                </P>
                <HD SOURCE="HD3">a. Federal Contract Compliance</HD>
                <P>
                    As a condition of grant award and consistent with Executive Order 11246, 
                    <E T="03">Equal Employment Opportunity</E>
                     (30 FR 12319, and as amended), all federally assisted contractors are required to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women, in addition to goals that vary based on geography for construction work hours and for work being performed by people of color. Under section 503 of the Rehabilitation Act of 1973 and its implementing regulations, affirmative action obligations for certain contractors include an aspirational employment goal of 7 percent workers with disabilities.
                </P>
                <P>The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing Executive Order 11246, section 503 of the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega Construction Project Program through which it engages with project sponsors as early as the design phase to help promote compliance with non-discrimination and affirmative action obligations. OFCCP will identify projects that receive an award under this notice and are required to participate in OFCCP's Mega Construction Project Program from a wide range of Federally assisted projects over which OFCCP has jurisdiction and that have a project cost above $35 million. DOT will require project sponsors with costs above $35 million that receive awards under this funding opportunity to partner with OFCCP (if selected by OFCCP) as a condition of their DOT award.</P>
                <HD SOURCE="HD3">b. Critical Infrastructure Security, Cybersecurity and Resilience</HD>
                <P>
                    It is the policy of the United States to strengthen the security and resilience of its critical infrastructure against all hazards, including physical and cyber risks, consistent with Presidential Policy Directive 21—
                    <E T="03">Critical Infrastructure Security and Resilience,</E>
                     and 
                    <E T="03">National Security Memorandum (NSM-5) on Improving Cybersecurity for Critical Infrastructure Control Systems.</E>
                     Each applicant selected for federal funding must demonstrate, prior to signing of the grant agreement, efforts to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the project. Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by DOT and the Department of Homeland Security, will be required to do so before receiving funds.
                </P>
                <HD SOURCE="HD3">c. Domestic Preference Requirements</HD>
                <P>
                    As expressed in Executive Order 14005, 
                    <E T="03">Ensuring the Future Is Made in All of America by All of America's Workers</E>
                     (86 FR 7475), the executive branch should maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States. Funds made available under this notice are subject to the domestic preference requirement in 49 U.S.C. 22905(a) (FRA Buy America) and the Build America, Buy America Act, Public Law 117-58, 70901-52. DOT expects all applicants to comply with the applicable domestic preference requirements. However, Major Projects applicants should include a domestic sourcing plan that provides details on the extent to which the materials covered by the plan are to be imported and the extent to which such materials can be sourced domestically. Applicants should also provide an explanation in the plan of the number of domestic jobs—temporary and permanent—that will be generated by the project and outline a plan to transition any foreign labor responsibilities to domestic jobs. Major Projects applicants may also request a waiver from certain Buy America requirements along with the domestic sourcing plan.
                </P>
                <HD SOURCE="HD3">d. Civil Rights and Title VI</HD>
                <P>As a condition of a grant award, grant recipients should demonstrate that the recipient has a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR part 21), the Americans with Disabilities Act of 1990 (ADA), section 504 of the Rehabilitation Act, and all other civil rights requirements and accompanying regulations. This may include a current Title VI plan, completed Community Participation Plan, and a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards. DOT's and FRA's Offices of Civil Rights may work with awarded grant recipients to ensure full compliance with federal civil rights requirements.</P>
                <HD SOURCE="HD2">3. Reporting</HD>
                <HD SOURCE="HD3">a. Progress Reporting on Grant Activity</HD>
                <P>Each applicant selected for a grant will be required to comply with all standard FRA reporting requirements, including quarterly progress reports, quarterly federal financial reports, and interim and final performance reports, as well as all applicable auditing, monitoring, and close out requirements. Reports may be submitted electronically. Pursuant to 2 CFR 170.210, non-federal entities applying under this NOFO must have the necessary processes and systems in place to comply with the reporting requirements should they receive federal funding.</P>
                <HD SOURCE="HD3">b. Additional Reporting</HD>
                <P>
                    Applicants selected for funding are required to comply with all reporting requirements in the standard terms and conditions for FRA grant awards, including 2 CFR 180.335 and 2 CFR 180.350. If the total value of a selected applicant's active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, the applicant during that period of time must maintain the information reported to SAM and ensure it is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 
                    <PRTPAGE P="56806"/>
                    3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available.
                </P>
                <HD SOURCE="HD3">c. Performance and Program Evaluation</HD>
                <P>Recipients and subrecipients are also encouraged to incorporate program evaluation, including associated data collection activities from the outset of their program design and implementation, to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019) urges Federal awarding agencies and Federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, improve equitable delivery, and elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency” (5 U.S.C. 311). Credible program evaluation activities are implemented with relevance and utility, rigor, independence and objectivity, transparency, and ethics (OMB Circular A-11, Part 6 Section 290).</P>
                <P>For grant recipients receiving an award, evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation, and such costs may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation (2 CFR part 200).</P>
                <HD SOURCE="HD3">d. Performance Reporting</HD>
                <P>Each applicant selected for funding must collect information and report on the project's performance using measures mutually agreed upon by FRA and the grantee to assess progress in achieving strategic goals and objectives. Examples of some rail performance measures for RCE funding are listed in the table below. The applicable measure(s) will depend upon the type of project.</P>
                <GPOTABLE COLS="6" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,r50,r30,r40,r40,r70">
                    <TTITLE>Performance Measure Examples</TTITLE>
                    <BOXHD>
                        <CHED H="1">Rail measures</CHED>
                        <CHED H="1">Unit measure</CHED>
                        <CHED H="1">Temporal</CHED>
                        <CHED H="1">
                            Primary
                            <LI>administration</LI>
                            <LI>goal</LI>
                        </CHED>
                        <CHED H="1">
                            Secondary
                            <LI>administration</LI>
                            <LI>goal</LI>
                        </CHED>
                        <CHED H="1">Description</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Reduced Grade Crossing Incidents</ENT>
                        <ENT>Count</ENT>
                        <ENT>Annual</ENT>
                        <ENT>Safety</ENT>
                        <ENT>Equity and Barriers to Opportunity</ENT>
                        <ENT>The number of grade crossing incidents at the grade crossings addressed by the project. Comparison of actual versus baseline and expected post-project number of incidents.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Reduced blocked crossing times</ENT>
                        <ENT>Count</ENT>
                        <ENT>Annual</ENT>
                        <ENT>Economic Strength</ENT>
                        <ENT>Safety</ENT>
                        <ENT>Average amount of time trains blocks the grade crossings addressed by the project. Comparison of actual performance versus baseline and expected post-project performance.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Improved emergency vehicle response times due to reduced blocked crossings</ENT>
                        <ENT>Time/Trip</ENT>
                        <ENT>Annual</ENT>
                        <ENT>Safety</ENT>
                        <ENT>Equity and Barriers to Opportunity</ENT>
                        <ENT>Measures how improvements impact emergency service vehicle response operations. Comparison of actual performance versus baseline and expected post-performance.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Increased percentage of freight transported by rail from commercial facility</ENT>
                        <ENT>Percentage</ENT>
                        <ENT>Annual</ENT>
                        <ENT>Economic Strength</ENT>
                        <ENT>Climate Change</ENT>
                        <ENT>Increased amount of freight transported compared to the baseline pre-project.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Average Daily Minutes of Delay</ENT>
                        <ENT>Average daily minutes of delay experience by vehicles</ENT>
                        <ENT>Minutes/Day</ENT>
                        <ENT>Economic Strength</ENT>
                        <ENT>Equity and Barriers to Opportunity</ENT>
                        <ENT>Traffic analysis can be performed to determine the average daily minutes of delay experienced by vehicles compared to baseline and expected post-project performance.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD3">e. Program Evaluation</HD>
                <P>As a condition of grant award, grantees may be required to participate in an evaluation undertaken by DOT, or another agency or partner. The evaluation may take different forms, such as an implementation assessment across grant recipients, an impact or outcomes analysis of all or selected sites within or across grantees, or a benefit/cost analysis or assessment of return on investment. DOT may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, and as a condition of award, grantees must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT staff. For grant recipients, evaluation expenses are allowable costs (either as direct or indirect), unless prohibited by statute or regulation, and such expenses may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation (2 CFR part 200).</P>
                <HD SOURCE="HD3">f. Project Signage and Public Acknowledgements</HD>
                <P>
                    As a condition of grant award, for construction and non-construction projects, recipients may be required to post project signage and to include public acknowledgments in published and other collateral materials (
                    <E T="03">e.g.,</E>
                     press releases, marketing materials, website, etc.) satisfactory in form and substance to DOT, that identifies the nature of the project and indicates that “the project is funded by the Bipartisan Infrastructure Law.” In addition, recipients employing project signage are required to use the official Investing in America emblem in accordance with the official 
                    <E T="03">Investing in America Emblem Style Guide.</E>
                     Costs associated with signage and public acknowledgments must be reasonable and limited. Signs or public acknowledgments should not be produced, displayed, or published if doing so results in unreasonable cost, expense, or recipient burden. The recipient is encouraged to use recycled or recovered materials when procuring signs.
                    <PRTPAGE P="56807"/>
                </P>
                <HD SOURCE="HD1">G. Federal Awarding Agency Contacts</HD>
                <P>
                    For further information concerning this notice, please contact the FRA NOFO Support program staff via email at 
                    <E T="03">FRA-NOFO-Support@dot.gov.</E>
                     If additional assistance is needed, you may contact Ms. Jenny Zeng, Transportation Industry Analyst in FRA's Office of Rail Program Development, by email: 
                    <E T="03">Jenny.Zeng@dot.gov</E>
                     or telephone: 857-330-2481.
                </P>
                <HD SOURCE="HD1">H. Other Information</HD>
                <P>All information submitted as part of or in support of any application must use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If an application includes information the applicant considers to be a trade secret or confidential commercial or financial information, the applicant should do the following: (1) note on the front cover that the submission “Contains Confidential Business Information (CBI)”; (2) mark each affected page “CBI”; and (3) highlight or otherwise denote the CBI portions.</P>
                <P>DOT regulations implementing the Freedom of Information Act (FOIA) are found at 49 CFR part 7 subpart C—Availability of Reasonably Described Records under the Freedom of Information Act, which sets forth rules for FRA to make requested materials, information, and records publicly available under FOIA. Unless prohibited by law and to the extent permitted under the FOIA, contents of applications and proposals submitted by successful applicants may be released in response to FOIA requests. DOT may share application information within DOT or with other Federal agencies if DOT determines that sharing is relevant to the respective program's objectives.</P>
                <SIG>
                    <DATED>Issued in Washington, DC.</DATED>
                    <NAME>Jennifer Mitchell,</NAME>
                    <TITLE>Deputy Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15061 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-06-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Transit Administration</SUBAGY>
                <DEPDOC>[FTA Docket No. FTA 2024-0005]</DEPDOC>
                <SUBJECT>Agency Information Collection Activity Under OMB Review: FTA Program Evaluation for Processes and Outcomes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Transit Administration, Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describe the nature of the information collection and their expected burdens.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be submitted on or before August 9, 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">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function.
                    </P>
                    <P>
                        <E T="03">Comments are invited on:</E>
                         Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; 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 respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Tia Swain, Office of Administration, Management Planning Division, 1200 New Jersey Avenue SE, Mail Stop TAD-10, Washington, DC 20590 (202) 366-0354 or 
                        <E T="03">tia.swain@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On December 7, 2023, FTA published a 60-day notice (88 FR 85357) in the 
                    <E T="04">Federal Register</E>
                     soliciting comments on the ICR that the agency was seeking OMB approval. FTA received no comments after issuing this 60-day notice. Accordingly, DOT announces that these information collection activities have been re-evaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c).
                </P>
                <P>
                    Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); 
                    <E T="03">see also</E>
                     60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); 
                    <E T="03">see also</E>
                     60 FR 44983, Aug. 29, 1995.
                </P>
                <P>The summaries below describe the nature of the information collection requirements (ICRs) and the expected burden. The requirements are being submitted for clearance by OMB as required by the PRA.</P>
                <P>
                    <E T="03">Title:</E>
                     FTA Program Evaluation for Processes and Outcomes.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     2132-NEW INFORMATION COLLECTION REQUEST.
                </P>
                <P>
                    <E T="03">Background:</E>
                     The Foundations for Evidence-Based Policymaking Act of 2018 (the Evidence Act) requires Federal agencies to develop evidence to support policymaking. Federal agencies, including FTA, must systematically collect and analyze data to assess the effectiveness and efficiency of their programs through evaluation. According to the Evidence Act, “an evaluation is an assessment, using systematic data collection and analysis, of one or more programs, policies, and/or organizations intended to assess their effectiveness and efficiency.” Evidence resulting from evaluations and other evidence-building activities should be used to inform leaders about whether Federal programs and activities are achieving their intended results and contribute to improved use of data and evidence-based decision making.
                </P>
                <P>
                    To effectively evaluate programs, FTA needs to collect data directly from program participants, such as State Departments of Transportation (DOTs), Metropolitan Planning Organizations (MPOs), Transit Authorities, State and Local Government Units, and Indian Tribes, to understand their experiences and benefits of program participation. Participants may be engaged through surveys or focus groups to collect 
                    <PRTPAGE P="56808"/>
                    relevant data. The Office of Management and Budget (OMB) and the Government Accountability Office (GAO) strongly advocate for stakeholder engagement in evaluation design. OMB's M-19-23 Memorandum emphasizes that engaging stakeholders enhances the utility of evaluation findings to improve program effectiveness.
                </P>
                <P>To ensure alignment with ongoing efforts, this information request seeks to support the FTA in meeting the Evidence Act's requirements and contribute to FTA's broader framework of evidence-based decision-making. This is a voluntary data and information collection, with no participation requirement to receive Federal benefits. The survey portion of this information collection differs from other similar efforts, such as the FTA Stakeholder Survey which targets grant recipients and inquires on customer satisfaction with a range of FTA services and knowledge of rulemaking. Current and previous information collections for grant applicants and grantees to provide routine program planning and metrics on plans and deliverables are separate from this collection. Rather, this information collection will allow FTA decision makers to understand challenges and barriers to program implementation, identify opportunities for improving program communications and outreach, and make stronger linkages between program progress and outcomes.</P>
                <P>
                    The summary provided below has been updated since the publication of the 60-Day 
                    <E T="04">Federal Register</E>
                     Notice. The estimated annual respondents and number of responses have changed to reflect the current number of program participants for each representative FTA program as of April 2024. The estimated total burden was also updated to reflect this change in the estimated number of respondents, as well as a change to the estimated time per information collection based on the results of pilot testing.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     State Departments of Transportation (DOTs) and Metropolitan Planning Organizations (MPOs), Transit Authorities, States, and Local Government Units, Indian Tribes.
                </P>
                <P>
                    <E T="03">Estimated Annual Respondents:</E>
                     1,380 respondents.
                </P>
                <P>
                    <E T="03">Estimated Annual Number of Responses:</E>
                     2,070 responses.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden:</E>
                     2,180 hours.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     Annual.
                </P>
                <SIG>
                    <NAME>Kusum Dhyani,</NAME>
                    <TITLE>Director, Office of Management Planning.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15126 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-57-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Bureau of Transportation Statistics</SUBAGY>
                <DEPDOC>[Docket ID Number DOT-OST-2014-0031]</DEPDOC>
                <SUBJECT>Agency Information Collection: Activity Under OMB Review: Report of Financial and Operating Statistics for Large Certificated Air Carriers</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Research and Technology (OST-R), Bureau of Transportation Statistics (BTS), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In compliance with the Paperwork Reduction Act of 1995, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of BTS collecting financial data from large certificated air carriers. Large certificated air carriers are carriers that operate aircraft with 61 seats or more, aircraft with 18,001 pounds of payload capacity or more, or operate international air services.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments should be submitted by September 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by DOT Docket ID Number DOT-OST-2014-0031 by any of the following methods:</P>
                    <P>
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Mail:</E>
                         Docket Services: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
                    </P>
                    <P>
                        <E T="03">Hand Delivery or Courier:</E>
                         West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        <E T="03">Fax:</E>
                         202-366-3383.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         Identify docket number, DOT-OST-2014-0031, at the beginning of your comments, and send two copies. Internet users may access all comments received by DOT at 
                        <E T="03">http://www.regulations.gov.</E>
                         All comments are posted electronically without change or edits, including any personal information provided.
                    </P>
                    <P>
                        <E T="03">Comments:</E>
                         Comments should identify the associated OMB approval #2138-0013 and Docket ID Number DOT-OST-2014-0031. Persons wishing the Department to acknowledge receipt of their comments must submit with those comments a self-addressed stamped postcard on which the following statement is made: Comments on OMB #2138-0013, Docket—DOT-OST-2014-0031. The postcard will be date/time stamped and returned.
                    </P>
                    <P>
                        <E T="03">Privacy Act:</E>
                         Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the 
                        <E T="04">Federal Register</E>
                         published on April 11, 2000 (65 FR 19477-78).
                    </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>
                         or the street address listed above. Follow the online instructions for accessing the dockets.
                    </P>
                </ADD>
                <HD SOURCE="HD1">Electronic Access</HD>
                <P>
                    You may access comments received for this notice at 
                    <E T="03">http://www.regulations.gov,</E>
                     by searching docket DOT-OST-2014-0031.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Lei Tang, Office of Airline Information, RTS-42, Room E34, OST-R, BTS, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, Telephone Number (202) 941-6652, Fax Number (202) 366-3383 or EMAIL 
                        <E T="03">lei.tang@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">OMB Approval No.</E>
                     2138-0013.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Report of Financial and Operating Statistics for Large Certificated Air Carriers.
                </P>
                <P>
                    <E T="03">Form No.:</E>
                     BTS Form 41.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     Large certificated air carriers.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     60.
                </P>
                <P>
                    <E T="03">Estimated Time per Response:</E>
                     4 hours per schedule, an average carrier may submit 90 schedules in one year.
                </P>
                <P>
                    <E T="03">Total Annual Burden:</E>
                     13,910 hours.
                </P>
                <P>
                    <E T="03">Needs and Uses:</E>
                     Program uses for Form 41 data are as follows:
                </P>
                <HD SOURCE="HD1">Mail Rates</HD>
                <P>
                    The Department of Transportation sets and updates the international and mainline Alaska mail rates based on carrier aircraft operating expense, traffic and operational data. Form 41 cost data, especially fuel costs, terminal expenses, and line haul expenses are used in arriving at rate levels. DOT revises the established rates based on the percentage of unit cost changes in the carriers' operations. These updating procedures have resulted in the carriers receiving rates of compensation that more closely parallel their costs of providing mail service and contribute to the carriers' economic well-being.
                    <PRTPAGE P="56809"/>
                </P>
                <HD SOURCE="HD1">Submission of U.S. Carrier Data to ICAO</HD>
                <P>As a party to the Convention on International Civil Aviation, the United States is obligated to provide the International Civil Aviation Organization with financial and statistical data on operations of U.S. air carriers. Over 99 percent of the data filed with ICAO is extracted from the carriers' Form 41 reports.</P>
                <HD SOURCE="HD1">Carrier Fitness</HD>
                <P>Fitness determinations are made for both new entrants and established U.S. domestic carriers proposing a substantial change in operations. A portion of these applications consists of an operating plan for the first year (14 CFR part 204) and an associated projection of revenues and expenses. The carrier's operating costs, included in these projections, are compared against the cost data in Form 41 for a carrier or carriers with the same aircraft type and similar operating characteristics. Such a review validates the reasonableness of the carrier's operating plan.</P>
                <P>Form 41 reports, particularly balance sheet reports and cash flow statements play a major role in the identification of vulnerable carriers. Data comparisons are made between current and past periods in order to assess the current financial position of the carrier. Financial trend lines are extended into the future to analyze the continued viability of the carrier. DOT reviews three areas of a carrier's operation: (1) the qualifications of its management team, (2) its disposition to comply with laws and regulations, and (3) its financial posture. DOT must determine whether or not a carrier has sufficient financial resources to conduct its operations without imposing undue risk on the traveling public. Moreover, once a carrier is operating, DOT is required to monitor its continuing fitness.</P>
                <P>Senior DOT officials must be kept fully informed as to all current and developing economic issues affecting the airline industry. In preparing financial conditions reports or status reports on a particular airline, financial and traffic data are analyzed. Briefing papers may use the same information.</P>
                <P>The Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to clearly identify information it collects for non-statistical purposes. BTS hereby notifies the respondents and the public that BTS uses the information it collects under this OMB approval for non-statistical purposes including, but not limited to, publication of both Respondent's identity and its data, submission of the information to agencies outside BTS for review, analysis and possible use in regulatory and other administrative matters.</P>
                <SIG>
                    <DATED>Issued in Washington, DC, on July 2, 2024.</DATED>
                    <NAME>William Chadwick, Jr.,</NAME>
                    <TITLE>Director, Office of Airline Information, Bureau of Transportation Statistics.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15035 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-9X-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Office of the Comptroller of the Currency</SUBAGY>
                <SUBJECT>Agency Information Collection Activities: Revision of an Approved Information Collection; Submission for OMB Review; Reporting and Recordkeeping Requirements Associated With Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Comptroller of the Currency (OCC), Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning a revision to its information collection titled, “Reporting and Recordkeeping Requirements Associated with Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring.” The OCC also is giving notice that it has sent the collection to OMB for review.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received by August 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Commenters are encouraged to submit comments by email, if possible. You may submit comments by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Email: prainfo@occ.treas.gov.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Chief Counsel's Office, Attention: Comment Processing, Office of the Comptroller of the Currency, Attention: 1557-0323, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery/Courier:</E>
                         400 7th Street SW, Suite 3E-218, Washington, DC 20219.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         (571) 293-4835.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         You must include “OCC” as the agency name and “1557-0323” in your comment. In general, the OCC will publish comments on 
                        <E T="03">www.reginfo.gov</E>
                         without change, including any business or personal information provided, such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure.
                    </P>
                    <P>
                        Written comments and recommendations for the proposed information collection should also be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         You can find this information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                    </P>
                    <P>You may review comments and other related materials that pertain to this information collection following the close of the 30-day comment period for this notice by the method set forth in the next bullet.</P>
                    <P>
                        • 
                        <E T="03">Viewing Comments Electronically:</E>
                         Go to 
                        <E T="03">www.reginfo.gov.</E>
                         Hover over the “Information Collection Review” tab and click on “Information Collection Review” from the drop-down menu. From the “Currently under Review” drop-down menu, select “Department of Treasury” and then click “submit.” This information collection can be located by searching OMB control number “1557-0323” or “Reporting and Recordkeeping Requirements Associated with Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring.” Upon finding the appropriate information collection, click on the related “ICR Reference Number.” On the next screen, select “View Supporting Statement and Other Documents” and then click on the link to any comment listed at the bottom of the screen.
                    </P>
                    <P>
                        • For assistance in navigating 
                        <E T="03">www.reginfo.gov,</E>
                         please contact the Regulatory Information Service Center at (202) 482-7340.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Shaquita Merritt, Clearance Officer, (202) 649-5490, Chief Counsel's Office, Office of the Comptroller of the Currency, 400 7th Street SW, 
                        <PRTPAGE P="56810"/>
                        Washington, DC 20219. If you are deaf, 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>
                     Under the PRA (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ), Federal agencies must obtain approval from the OMB for each collection of information that they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. The OCC asks the OMB to extend its approval of the collection in this notice.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Reporting and Recordkeeping Requirements Associated with Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring.
                </P>
                <P>
                    <E T="03">OMB Control No.:</E>
                     1557-0323.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Regular.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Businesses or other for-profit.
                </P>
                <P>
                    <E T="03">Description:</E>
                     The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (the Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the agencies) implemented a quantitative liquidity requirement, known as the liquidity coverage ratio (LCR), and a stable funding requirement, known as the net stable funding ratio (NSFR), that apply to certain large banking organizations. For the OCC, these standards are implemented through 12 CFR part 50, Liquidity Risk Measurement Standards. The LCR is designed to promote the short-term resilience of the liquidity risk profile of covered banking organizations and promote improvements in the measurement and management of liquidity risk. The NSFR is designed to reduce the likelihood that disruptions to a banking organization's regular sources of funding will compromise its liquidity position, promote effective liquidity risk management, and support the ability of banking organizations to provide financial intermediation to businesses and households across a range of market conditions.
                </P>
                <P>
                    Twelve CFR part 50 applies to large national banks and Federal savings associations. Banks that must comply with part 50 (covered banks) generally include GSIB depository institutions (
                    <E T="03">i.e.,</E>
                     depository institutions of global systemically important bank holding companies) supervised by the OCC; Category II national banks and Federal savings associations; Category III national banks and Federal savings associations; 
                    <SU>1</SU>
                    <FTREF/>
                     and any national bank or Federal savings association for which the OCC has determined that application of part 50 is appropriate in light of certain risk factors. The reporting and recordkeeping requirements contained in this collection are used to monitor covered banks' compliance with the LCR and NSFR.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Category II and III national banks and Federal savings associations are defined in 12 CFR 50.3.
                    </P>
                </FTNT>
                <P>The OCC proposes to revise the “Reporting and Recordkeeping Requirements Associated with the Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring” information collection to account for three recordkeeping requirements in part 50, contained in sections 50.4(a), 50.22(a)(1) and (a)(4), that had not been previously cleared by the OCC under the Paperwork Reduction Act (PRA).</P>
                <HD SOURCE="HD1">Section-by-Section Analysis</HD>
                <P>The reporting and recordkeeping requirements are found in sections 50.4, 50.22, 50.40, 50.109, and 50.110.</P>
                <HD SOURCE="HD2">Reporting Requirements</HD>
                <P>Section 50.40(a) requires a covered bank to notify the OCC on any business day when its LCR is calculated to be less than the minimum requirement set by section 50.10.</P>
                <P>Section 50.40(b) provides that if a covered bank is required to calculate its LCR on the last business day of each calendar month and its LCR is below the minimum requirement in section 50.10 on the last business day of the applicable calendar month, or if the OCC has determined that the covered bank is otherwise materially noncompliant, then the covered bank must promptly consult with the OCC to determine whether the covered bank must provide to the OCC a plan for achieving compliance with the minimum liquidity requirement in section 50.10 and all other requirements of part 50. Section 50.40(b) further provides that if a covered bank is required to calculate its LCR each business day and its LCR is below the minimum requirement in section 50.10 for three consecutive business days, or if the OCC has determined that the covered bank is otherwise materially noncompliant, the covered bank must promptly provide to the OCC a plan for achieving compliance with the minimum liquidity requirement in section 50.10 and all other requirements of part 50.</P>
                <P>The liquidity plan must include, as applicable, (1) an assessment of the covered bank's liquidity position; (2) the actions the covered bank has taken and will take to achieve full compliance, including a plan for adjusting the covered bank's risk profile, risk management, and funding sources in order to achieve full compliance and a plan for remediating any operational or management issues that contributed to noncompliance; (3) an estimated time frame for achieving full compliance; and (4) a commitment to provide a progress report to the OCC at least weekly until full compliance is achieved.</P>
                <P>Section 50.110 requires a covered bank to take certain actions following any NSFR shortfall. Section 50.110(a) requires a covered bank to notify the OCC of the shortfall no later than 10 business days (or such other period as the OCC may otherwise require by written notice) following the date that any event has occurred that would cause or has caused the covered bank's NSFR to be less than 1.0.</P>
                <P>Section 50.110(b) requires a covered bank to submit to the OCC, within 10 business days of certain triggering events (or such other period as the OCC may otherwise require by written notice), its plan for remediation of its NSFR to at least 1.0. This submission is required if the covered bank has or should have provided notice to the OCC that its NSFR is or will become less than 1.0, the covered bank's reports or disclosures to the OCC indicate that the NSFR is less than 1.0, or the OCC notifies the covered bank that a plan is required and provides a reason for requiring such a plan. Section 50.110(b) also requires a covered bank that has submitted such a plan to report to the OCC at least monthly, or at such other frequency as required by the OCC, on its progress to achieve compliance.</P>
                <P>The NSFR remediation plan must include, as applicable, (1) an assessment of the covered bank's liquidity profile; (2) the actions the covered bank has taken and will take to achieve a net stable funding ratio equal to or greater than 1.0 as required under section 50.100, including (a) a plan for adjusting the covered bank's liquidity profile; (b) a plan for remediating any operational or management issues that contributed to noncompliance with the NSFR requirement; and (3) an estimated time frame for achieving full compliance with section 50.100.</P>
                <HD SOURCE="HD2">Recordkeeping Requirements</HD>
                <P>
                    Section 50.4(a)(1) provides that in order for a covered bank to recognize an agreement as a qualifying master netting agreement for the purpose of section 50.3, the covered bank must conduct a sufficient legal review to conclude with 
                    <PRTPAGE P="56811"/>
                    a well-founded basis (and maintain sufficient written documentation of that legal review) that: (i) the agreement meets the requirements of the definition of qualifying master netting agreement in section 50.3 and (ii) in the event of a legal challenge, the relevant judicial and administrative authorities would find the agreement to be legal, valid, binding, and enforceable under the law of the relevant jurisdictions.
                </P>
                <P>Section 50.4(a)(2) also requires a covered bank to establish and maintain written procedures to monitor possible changes in relevant law and to ensure that the agreement continues to satisfy the requirements of the definition of qualifying master netting agreement in section 50.3.</P>
                <P>
                    Section 50.22(a)(1) requires a covered bank to demonstrate the operational capability to monetize the bank's HQLA (
                    <E T="03">i.e.,</E>
                     high-quality liquid assets) by implementing and maintaining procedures and systems to monetize any HQLA at any time in accordance with relevant standard settlement periods and procedures and periodically monetizing a sample of the HQLA that reflects the composition of the covered bank's eligible HQLA.
                </P>
                <P>Section 50.22(a)(2) requires a covered bank to implement policies that require the eligible HQLA to be under the control of the management function in the covered bank that is charged with managing liquidity risk. The management function must evidence its control over the HQLA by segregating the HQLA from other assets, with the sole intent to use the HQLA as a source of liquidity, or by demonstrating the ability to monetize the assets and making the proceeds available to the liquidity management function without conflicting with a business or risk management strategy of the covered bank.</P>
                <P>Section 50.22(a)(4) requires a covered bank to implement and maintain policies and procedures that determine the composition of its eligible HQLA on each calculation date by identifying, determining, and ensuring certain required steps.</P>
                <P>Section 50.22(a)(5) requires a covered bank to have a documented methodology that results in a consistent treatment for determining that the covered bank's eligible HQLA meets the requirements of section 50.22.</P>
                <P>
                    Section 50.109(b) provides that if a covered bank includes an ASF (
                    <E T="03">i.e.,</E>
                     available stable funding) amount in excess of the RSF (
                    <E T="03">i.e.,</E>
                     required stable funding) amount of the consolidated subsidiary, it must implement and maintain written procedures to identify and monitor applicable statutory, regulatory, contractual, supervisory, or other restrictions on transferring assets from the consolidated subsidiaries. These procedures must document which types of transactions the institution could use to transfer assets from a consolidated subsidiary to the institution and how these types of transactions comply with applicable statutory, regulatory, contractual, supervisory, or other restrictions.
                </P>
                <P>
                    <E T="03">Estimated Burden:</E>
                </P>
                <P>
                    <E T="03">Estimated Frequency of Response:</E>
                     On occasion, annual.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     15.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden:</E>
                     735 hours.
                </P>
                <P>
                    <E T="03">Comments:</E>
                     On April 16, 2024, the OCC published a 60-day notice for this information collection, 89 FR 27001. No comments were received.
                </P>
                <P>
                    <E T="03">Comments continue to be invited on:</E>
                </P>
                <P>(a) Whether the collection of information is necessary for the proper performance of the functions of the OCC, including whether the information has practical utility;</P>
                <P>(b) The accuracy of the OCC's estimate of the burden of the collection of information;</P>
                <P>(c) Ways to enhance the quality, utility, and clarity of the information to be collected;</P>
                <P>(d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and</P>
                <P>(e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
                <SIG>
                    <NAME>Patrick T. Tierney,</NAME>
                    <TITLE>Assistant Director, Office of the Comptroller of the Currency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15081 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-33-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBJECT>Open Meeting of the Advisory Committee on Risk-Sharing Mechanisms</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Departmental Offices, U.S. Department of the Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of open meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces that the U.S. Department of the Treasury's Advisory Committee on Risk-Sharing Mechanisms (ACRSM) will meet in the Cash Room, 1500 Pennsylvania Avenue NW, Washington, DC 20220, from 2:00 p.m.-4:00 p.m. Eastern Time, August 1, 2024. The Committee meeting will be held in person and virtually and is open to the public.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Thursday, August 1, from 2:00 p.m.-4:00 p.m. Eastern Time.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Committee meeting will be held in the Cash Room, Department of the Treasury, 1500 Pennsylvania Ave. NW, Washington, DC 20220 and via teleconference. The meeting will be open to the public. Because the meeting will be held in a secured facility, members of the public who plan to attend the meeting must register online. Attendees may visit: 
                        <E T="03">https://events.treasury.gov/s/</E>
                         and fill out a secure online registration form. A valid email address will be required to complete online registration. (
                        <E T="03">Note:</E>
                         online registration will close on July 25th or when capacity is reached.)
                    </P>
                    <P>
                        A link to the webcast will be available through the Committee's website at: 
                        <E T="03">https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/federal-insurance-office/terrorism-risk-insurance-program/advisory-committee-on-risk-sharing-mechanisms-acrsm.</E>
                         Requests for reasonable accommodations under Section 504 of the Rehabilitation Act should be directed to Snider Page, Office of Civil Rights and Equal Employment Opportunity, Department of the Treasury at (202) 622-0341, or 
                        <E T="03">snider.page@treasury.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Annette Burris, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, U.S. Department of the Treasury, 1500 Pennsylvania Ave. NW, Room 1410 MT, Washington, DC 20220, at (202) 622-2541. Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Relay Service at (800) 877-8339.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice of this meeting is provided in accordance with the Federal Advisory Committee Act, 5 U.S.C. 1001 
                    <E T="03">et seq.,</E>
                     through implementing regulations at 41 CFR 102-3.150.
                </P>
                <P>
                    <E T="03">Public Comment:</E>
                     Members of the public wishing to comment on the business of the ACRSM are invited to submit written statements by any of the following methods:
                </P>
                <HD SOURCE="HD2">Electronic Statements</HD>
                <P>
                    • Send electronic comments to 
                    <E T="03">acrsm@treasury.gov.</E>
                </P>
                <HD SOURCE="HD2">Paper Statements</HD>
                <P>• Send paper statements in triplicate to the Advisory Committee on Risk-Sharing Mechanisms, U.S. Department of the Treasury, 1500 Pennsylvania Ave. NW, Room 1410 MT, Washington, DC 20220.</P>
                <P>
                    In general, the U.S. Department of the Treasury will post all statements on its 
                    <PRTPAGE P="56812"/>
                    website 
                    <E T="03">https://www.treasury.gov/initiatives/fio/acrsm/Pages/default.aspx</E>
                     without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. The U.S. Department of the Treasury will also make such statements available for public inspection and copying in the U.S. Department of the Treasury's Library, 720 Madison Place NW, Room 1020, Washington, DC 20220, on official business days between the hours of 10:00 a.m. and 5:00 p.m. Eastern Time. You can make an appointment to inspect statements by telephoning (202) 622-2000. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should submit only information that you wish to make available publicly.
                </P>
                <P>
                    <E T="03">Background:</E>
                     The ACRSM provides advice and recommendations to the Federal Insurance Office (FIO) with respect to (1) the creation and development of non-governmental, private market risk-sharing mechanisms for protection against losses arising from acts of terrorism, and (2) FIO's administration of the Terrorism Risk Insurance Program (TRIP).
                </P>
                <P>
                    <E T="03">Tentative Agenda/Topics for Discussion:</E>
                     This will be the second ACRSM meeting of 2024. In this meeting, the ACRSM will address, consistent with its charter's mandate, topics related to the role of nongovernmental mechanisms in supporting the terrorism risk insurance market. Specifically, the ACRSM will hear presentations addressing (1) FIO's partnership with the National Science Foundation (NSF) to establish a new Industry-University Cooperative Research Center (IUCRC) to provide research, analysis, and thought leadership to improve the insurance sector's modeling and underwriting of terrorism and catastrophic cyber risks.; (2) a presentation by FIO staff on the 2024 Report on the Effectiveness of the Terrorism Risk Insurance Program and the International Forum of Terrorism Risk (Re)Insurance Pools (IFTRIP) Conference hosted by FIO in April 2024; and (3) a roundtable discussion by the members to provide industry insight, based upon the available data, on the effectiveness of TRIP, terrorism insurance market conditions, ideas for private market risk sharing mechanisms that can offset losses arising from acts of terrorism, and the administration of TRIP.
                </P>
                <SIG>
                    <DATED>Dated: July 3, 2024.</DATED>
                    <NAME>Stephanie Schmelz,</NAME>
                    <TITLE>Deputy Director, Federal Insurance Office.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15083 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-AK-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
                <SUBJECT>Notice of Request for Information on the Department of Veterans Affairs Registered Radiologist Assistant Standard of Practice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Veterans Affairs.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Request for information.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Veterans Affairs (VA) is requesting information to assist in developing a national standard of practice for VA Registered Radiologist Assistants. VA seeks comments on various topics to help inform VA's development of this national standard of practice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before September 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Comments must be submitted through 
                        <E T="03">http://www.regulations.gov/.</E>
                         Except as provided below, comments received before the close of the comment period will be available at 
                        <E T="03">http://www.regulations.gov/</E>
                         for public viewing, inspection, copying, including any personally identifiable or confidential business information that is included in a comment. We post the comments received before the close of the comment period on the following website as soon as possible after they have been received: 
                        <E T="03">http://www.regulations.gov/.</E>
                         VA will not post on 
                        <E T="03">http://www.regulations.gov/</E>
                         public comments that make threats to individuals or institutions or suggest that the commenter will take actions to harm the individual. VA encourages individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments. Any public comment received after the comment period's closing date will not be accepted.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Ethan Kalett, Office of Governance, Regulations, Appeals and Policy (10B-GRAP), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, 202-461-0500. This is not a toll-free number.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Authority</HD>
                <P>Chapters 73 and 74 of 38 U.S.C. and 38 U.S.C. 303 authorize the Secretary to regulate VA health care professions to make certain that VA's health care system provides safe and effective health care by qualified health care professionals to ensure the well-being of those veterans who have borne the battle.</P>
                <P>On November 12, 2020, VA published an interim final rule confirming that VA health care professionals may practice their health care profession consistent with the scope and requirements of their VA employment, notwithstanding any State license, registration, certification, or other State requirements that unduly interfere with their practice. 38 CFR 17.419; 85 FR 71838. Specifically, this rulemaking confirmed VA's current practice of allowing VA health care professionals to deliver health care services in a State other than the health care professional's State of licensure, registration, certification, or other State requirement, thereby enhancing beneficiaries' access to critical VA health care services. The rulemaking also confirmed VA's authority to establish national standards of practice for its health care professionals which would standardize a health care professional's practice in all VA medical facilities, regardless of conflicting State laws, rules, regulations, or other State requirements.</P>
                <P>
                    The rulemaking explained that a national standard of practice describes the tasks and duties that a VA health care professional practicing in the health care profession may perform and may be permitted to undertake. Having a national standard of practice means that individuals from the same VA health care profession may provide the same type of tasks and duties regardless of the State where they are located or the State license, registration, certification, or other State requirement they hold. We emphasized in the rulemaking and reiterate here that VA will determine, on an individual basis, that a health care professional has the proper education, training, and skills to perform the tasks and duties detailed in the national standard of practice, and that they will only be able to perform such tasks and duties after they have been incorporated into the individual's privileges, scope of practice, or functional statement. The rulemaking explicitly did not create any such national standards and directed that all national standards of practice would be subsequently created via policy.
                    <PRTPAGE P="56813"/>
                </P>
                <HD SOURCE="HD1">Preemption of State Requirements</HD>
                <P>The national standard of practice will preempt any State laws, rules, regulations, or requirements that both are and are not listed in the national standard as conflicting, but that do in fact conflict with the tasks and duties as authorized in VA's national standard of practice. In the event that a State changes their requirements and places new limitations on the tasks and duties it allows in a manner that would be inconsistent with what is authorized under the national standard of practice, the national standard of practice will preempt such limitations and authorize the VA health care professional to continue to practice consistent with the tasks and duties outlined in the national standard of practice.</P>
                <P>In cases where a VA health care professional's license, registration, certification, or other State requirement allows a practice that is not included in a national standard of practice, the individual may continue that practice so long as it is permissible by Federal law and VA policy, is not explicitly prohibited by the national standard of practice, and is approved by the VA medical facility.</P>
                <HD SOURCE="HD1">Need for National Standards of Practice</HD>
                <P>It is critical that VA, the Nation's largest integrated health care system, develops national standards of practice to ensure, first, that beneficiaries receive the same high-quality care regardless of where they enter the system and, second, that VA health care professionals can efficiently meet the needs of beneficiaries when practicing within the scope of their VA employment. National standards are designed to increase beneficiaries' access to safe and effective health care, thereby improving health outcomes. The importance of this initiative has been underscored by the coronavirus disease 2019 (COVID-19) pandemic. The increased need for mobility in VA's workforce, including through VA's Disaster Emergency Medical Personnel System, highlighted the importance of creating uniform national standards of practice to better support VA health care professionals who practice across State lines. Creating national standards of practice also promotes interoperability of medical data between VA and the Department of Defense (DoD), providing a complete picture of a veteran's health information and improving VA's delivery of health care to the Nation's veterans. DoD has historically standardized practice for certain health care professionals, and VA has closely partnered with DoD to learn from their experience.</P>
                <HD SOURCE="HD1">Process To Develop National Standards of Practice</HD>
                <P>
                    As authorized by 38 CFR 17.419, VA is developing national standards of practice via policy. There is one overarching directive to describe Veterans Health Administration (VHA) policy on national standards of practice. The directive is accessible on the VHA Publications website at 
                    <E T="03">https://vaww.va.gov/vhapublications/</E>
                     (internal) and 
                    <E T="03">https://www.va.gov/vhapublications/</E>
                     (external). As each individual national standard of practice is finalized, it is published as an appendix to the directive and accessible at the same websites.
                </P>
                <P>To develop these national standards, VA is using a robust, interactive process that adheres to the requirements of Executive Order (E.O.) 13132 to preempt conflicting State laws, rules, regulations, or other requirements. The process includes consultation with internal and external stakeholders, including State licensing boards, VA employees, professional associations, Veterans Service Organizations, labor partners, and others. For each VA occupation, a workgroup comprised of VA health care professionals in the identified occupation conducts research to identify internal best practices that may not be authorized under every State license, certification, or registration, but would enhance the practice and efficiency of the profession throughout VA. If a best practice is identified that is not currently authorized by every State, the workgroup determines what education, training, and skills are required to perform such tasks and duties. The workgroup then drafts a proposed VA national standard of practice using the data gathered during the research and incorporates internal stakeholder feedback into the standard. The workgroup may consult with internal or external stakeholders at any point throughout the process.</P>
                <P>The proposed national standard of practice is then internally reviewed, to include by an interdisciplinary VA workgroup consisting of representatives from Quality Management, VA medical facility Chief of Staff, Academic Affiliates, Veterans Integrated Services Network (VISN) Chief Nursing Officer, Ethics, Workforce Management and Consulting, Surgery, Credentialing and Privileging, VISN Chief Medical Officer, and Electronic Health Record Modernization.</P>
                <P>Externally, VA hosts listening sessions for members of the public, professional associations, and VA employees to provide comments on the variance between State practice acts for specific occupations and what should be included in the national standard of practice for that occupation. The listening session for Registered Radiologist Assistant on September 7, 2023, included one presenter representing the American College of Radiology. The presenter shared the duties performed by a Registered Radiologist Assistant should be well-defined and performed under the supervision of a Radiologist to ensure the highest quality patient care. VA appreciates the thoughtful presentations and considers the information presented at the listening session when drafting the proposed VA national standard of practice.</P>
                <P>
                    VA has developed a robust process to engage with partners, members of the public, States, and employees on the proposed national standard of practice. VA provides the proposed national standard of practice to our DoD partners as an opportunity to flag inconsistencies with DoD standards. VA also engages with labor partners informally as part of a pre-decisional collaboration. Consistent with E.O. 13132, VA sends a letter to each State board and certifying organization or registration organization, as appropriate, which includes the proposed national standard and offers the recipient an opportunity to discuss the national standard with VA. After the State boards, certifying organizations, or registration organizations have received notification, the proposed national standard of practice is posted in the 
                    <E T="04">Federal Register</E>
                     for 60 days to obtain feedback from the public, professional associations, and any other interested parties. At the same time, the proposed national standard is posted to an internal VA site to obtain feedback from VA employees. Responses received through all vehicles—from State boards, professional associations, unions, VA employees, and any other individual or organization who provides comments via the 
                    <E T="04">Federal Register</E>
                    —will be reviewed. VA will make appropriate revisions in light of the comments, including those that present evidence-based practice and alternatives that help VA meet our mission and goals. VA will publish a collective response to all comments at 
                    <E T="03">https://www.va.gov/standardsofpractice/.</E>
                </P>
                <P>
                    After the national standard of practice is finalized, approved, and published in VHA policy, VA will implement the tasks and duties authorized by that national standard of practice. Any tasks or duties included in the national standard will be properly incorporated 
                    <PRTPAGE P="56814"/>
                    into an individual health care professional's privileges, scope of practice, or functional statement once it has been determined by their VA medical facility that the individual has the proper education, training, and skills to perform the task or duty. Implementation of the national standard of practice may be phased in across all VA medical facilities, with limited exemptions for health care professionals as needed.
                </P>
                <HD SOURCE="HD1">Format for National Standard for Registered Radiologist Assistants</HD>
                <P>The proposed format for national standards of practice when there is a national certification body and there are State licenses is as follows. The first paragraph provides general information about the profession and what the health care professionals can do. For this national standard, Registered Radiologist Assistants are Diagnostic Radiologic Technologists with advanced training, education, and certification, who are responsible for the safe use of ionizing radiation and magnetic fields for diagnostic, therapeutic, and research purposes for selected invasive and non-invasive clinical imaging procedures under the supervision of a Radiologist. We reiterate that the proposed standard of practice does not contain an exhaustive list of every task and duty that each VA health care professional can perform. Rather, it is designed to highlight generally what tasks and duties the health care professionals perform and how they will be able to practice within VA notwithstanding their State license, certification, registration, or other State requirements.</P>
                <P>The second paragraph references the education and certification needed to practice this profession at VA. Qualification standards for employment of health care professionals by VA are outlined in VA Handbook 5005, Staffing, dated June 21, 2024. VA follows the requirements outlined in the VA qualification standards even if the requirements conflict with or differ from a State requirement. National standards of practice do not affect those requirements. This includes, but is not limited to, when a State requires a license to practice a specific occupation, but VA does not require a State license as part of the qualification standards. For Registered Radiologist Assistants, who are Diagnostic Radiologic Technologists with advanced training, education, and certification, VA qualification standards require an active, current, full, and unrestricted certification in Radiography from the American Registry of Radiologic Technologists (ARRT).</P>
                <P>The second paragraph also notes whether the national standard of practice explicitly excludes individuals who practice under “grandfathering” provisions. Qualification standards may include provisions to permit employees who met all requirements prior to revisions to the qualification standards to maintain employment at VA even if they no longer meet the new qualification standards. This practice is referred to as grandfathering. Registered Radiologist Assistants do not have grandfathering provisions within their qualification standards.</P>
                <P>
                    The third paragraph confirms that this profession follows the standard set by the American Society of Radiologic Technologists (ASRT). ARRT, this profession's national certification body, follows ASRT standards. The standard of practice for the certification can be found at: 
                    <E T="03">https://www.asrt.org/main/standards-and-regulations/professional-practice/practice-standards.</E>
                     For Registered Radiologist Assistants, VA confirmed that all individuals follow the standards from ASRT.
                </P>
                <P>The fourth paragraph notes that VA reviewed if there are any required alternative registrations, certifications, licenses, or other State requirements for Registered Radiologist Assistants. VA found that 18 States also require a State license for Registered Radiologic Assistants.</P>
                <P>The fourth paragraph also includes information on which States offer an exemption for Federal employees and whether VA is preempting any conflicting State laws, rules, regulations, or requirements. Of those 18 States that require a license, 14 States exempt Federal employees from their State license requirements. Furthermore, the tasks and duties set forth in the State license requirements for all 18 States are consistent with what is permitted under the national certification. Therefore, there is no variance in how Registered Radiologist Assistants practice in any State. VA thus proposes to adopt a standard of practice consistent with the standards from ASRT, as followed by the ARRT, this profession's national certification body. VA Registered Radiologist Assistants will continue to follow this standard.</P>
                <P>This national standard of practice does not address training because it will not authorize VA Registered Radiologist Assistants to perform any tasks or duties not already authorized under their national certification and State license.</P>
                <P>Following public and VA employee comments and revisions, each national standard of practice that is published into policy will also include the date for recertification of the standard of practice and a point of contact for questions or concerns.</P>
                <HD SOURCE="HD1">Proposed National Standard of Practice for Registered Radiologist Assistants</HD>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P> All references herein to VA and VHA documents incorporate by reference subsequent VA and VHA documents on the same or similar subject matter.</P>
                </NOTE>
                <P>1. Registered Radiologist Assistants are Diagnostic Radiologic Technologists with advanced education, training, and certification. Under the supervision of a Radiologist, Registered Radiologist Assistants are responsible for the safe use of ionizing radiation and magnetic fields for diagnostic, therapeutic, and research purposes for selected invasive and non-invasive clinical imaging procedures. Registered Radiologist Assistants review patients' medical histories to understand their illnesses, medical issues, and pending diagnostic or treatment procedures; instruct patients before, during, and following procedures; evaluate the satisfactory preparation of patients before beginning procedures; perform patient assessment, management, and medication administration; complete documentation within electronic health records as necessary; and recognize and respond appropriately to emergency situations. They make and communicate initial observations only to the Radiologist.</P>
                <P>2. Registered Radiologist Assistants in the Department of Veterans Affairs (VA) possess the education and certification required by VA qualification standards. See VA Handbook 5005, Staffing, Part II, Appendix G54 dated May 21, 2019.</P>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P> Registered Radiologist Assistants are Diagnostic Radiologic Technologists with advanced education, training, and certification and, as such, they must maintain the American Registry of Radiologic Technologists (ARRT), Radiographer (R) certification as required for all VA Diagnostic Radiologic Technologists.</P>
                </NOTE>
                <P>
                    3. VA Registered Radiologist Assistants practice in accordance with the Radiographer standards from the American Society of Radiologic Technologists (ASRT), available at: 
                    <E T="03">https://www.asrt.org/.</E>
                     ARRT, the national certifying body of Registered Radiologist Assistants, follows the ASRT standards. VA reviewed certification requirements from ARRT for this occupation in February 2024 and confirmed that all Registered Radiologist Assistants in VA followed the Radiographer standards from ASRT.
                </P>
                <P>
                    4. Although VA only requires certification, 18 states require a state license in order to practice as a Registered Radiologist Assistant in that 
                    <PRTPAGE P="56815"/>
                    state: Arizona, Arkansas, Connecticut, Florida, Illinois, Iowa, Massachusetts, Nevada, New Hampshire, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia.
                </P>
                <P>Of those, 14 states exempt Federal employees from its state license requirements: Arizona, Florida, Illinois, Iowa, Massachusetts, Nevada, New Hampshire, Oklahoma, Oregon, Texas, Utah, Virginia, Washington, and West Virginia.</P>
                <P>VA reviewed state laws, state practice acts, and certification requirements for Registered Radiologist Assistants in February 2024 and did not identify any conflicts that impact practice of this profession in VA.</P>
                <HD SOURCE="HD1">Request for Information</HD>
                <P>1. Is VA's assessment of what States allow and do not allow accurate?</P>
                <P>2. Are there any other areas of variance between State licenses, certifications, or registrations that VA should preempt that are not listed?</P>
                <P>3. Is there anything else you would like to share with us about this VA national standard of practice?</P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>Denis McDonough, Secretary of Veterans Affairs, approved and signed this document on June 5, 2024, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs.</P>
                <SIG>
                    <NAME>Luvenia Potts,</NAME>
                    <TITLE>Regulation Development Coordinator, Office of Regulation Policy and Management, Office of General Counsel, Department of Veterans Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15109 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8320-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
                <SUBJECT>Notice of Request for Information on the Department of Veterans Affairs</SUBJECT>
                <SUBJECT>Clinical Perfusionists Standard of Practice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Veterans Affairs.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Request for information.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Veterans Affairs (VA) is requesting information to assist in developing a national standard of practice for VA Clinical Perfusionists. VA seeks comments on various topics to help inform VA's development of this national standard of practice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before September 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Comments must be submitted through 
                        <E T="03">http://www.regulations.gov.</E>
                         Except as provided below, comments received before the close of the comment period will be available at 
                        <E T="03">http://www.regulations.gov</E>
                         for public viewing, inspection, copying, including any personally identifiable or confidential business information that is included in a comment. We post the comments received before the close of the comment period on the following website as soon as possible after they have been received: 
                        <E T="03">http://www.regulations.gov.</E>
                         VA will not post on 
                        <E T="03">http://www.regulations.gov</E>
                         public comments that make threats to individuals or institutions or suggest that the commenter will take actions to harm the individual. VA encourages individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments. Any public comment received after the comment period's closing date will not be accepted.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Ethan Kalett, Office of Governance, Regulations, Appeals and Policy (10B-GRAP), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, 202-461-0500. This is not a toll-free number.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Authority</HD>
                <P>Chapters 73 and 74 of 38 U.S.C. and 38 U.S.C. 303 authorize the Secretary to regulate VA health care professions to make certain that VA's health care system provides safe and effective health care by qualified health care professionals to ensure the well-being of those veterans who have borne the battle.</P>
                <P>On November 12, 2020, VA published an interim final rule confirming that VA health care professionals may practice their health care profession consistent with the scope and requirements of their VA employment, notwithstanding any state license, registration, certification, or other state requirements that unduly interfere with their practice (38 CFR 17.419; 85 FR 71838). Specifically, this rulemaking confirmed VA's current practice of allowing VA health care professionals to deliver health care services in a state other than the health care professional's state of licensure, registration, certification, or other state requirement, thereby enhancing beneficiaries' access to critical VA health care services. The rulemaking also confirmed VA's authority to establish national standards of practice for its health care professionals which would standardize a health care professional's practice in all VA medical facilities, regardless of conflicting state laws, rules, regulations, or other state requirements.</P>
                <P>The rulemaking explained that a national standard of practice describes the tasks and duties that a VA health care professional practicing in the health care profession may perform and may be permitted to undertake. Having a national standard of practice means that individuals from the same VA health care profession may provide the same type of tasks and duties regardless of the state where they are located or the state license, registration, certification, or other state requirement they hold. We emphasized in the rulemaking and reiterate here that VA will determine, on an individual basis, that a health care professional has the proper education, training, and skills to perform the tasks and duties detailed in the national standard of practice, and that they will only be able to perform such tasks and duties after they have been incorporated into the individual's privileges, scope of practice, or functional statement. The rulemaking explicitly did not create any such national standards and directed that all national standards of practice would be subsequently created via policy.</P>
                <HD SOURCE="HD1">Preemption of State Requirements</HD>
                <P>The national standard of practice will preempt any state laws, rules, regulations, or requirements that both are and are not listed in the national standard as conflicting, but that do in fact conflict with the tasks and duties as authorized in VA's national standard of practice. In the event that a state changes their requirements and places new limitations on the tasks and duties it allows in a manner that would be inconsistent with what is authorized under the national standard of practice, the national standard of practice will preempt such limitations and authorize the VA health care professional to continue to practice consistent with the tasks and duties outlined in the national standard of practice.</P>
                <P>
                    In cases where a VA health care professional's license, registration, certification, or other state requirement allows a practice that is not included in a national standard of practice, the individual may continue that practice so long as it is permissible by Federal law and VA policy, is not explicitly prohibited by the national standard of practice and is approved by the VA medical facility.
                    <PRTPAGE P="56816"/>
                </P>
                <HD SOURCE="HD1">Need for National Standards of Practice</HD>
                <P>It is critical that VA, the Nation's largest integrated health care system, develops national standards of practice to ensure, first, that beneficiaries receive the same high-quality care regardless of where they enter the system and, second, that VA health care professionals can efficiently meet the needs of beneficiaries when practicing within the scope of their VA employment. National standards are designed to increase beneficiaries' access to safe and effective health care, thereby improving health outcomes. The importance of this initiative has been underscored by the coronavirus disease 2019 (COVID-19) pandemic. The increased need for mobility in VA's workforce, including through VA's Disaster Emergency Medical Personnel System, highlighted the importance of creating uniform national standards of practice to better support VA health care professionals who practice across state lines. Creating national standards of practice also promotes interoperability of medical data between VA and the Department of Defense (DoD), providing a complete picture of a Veteran's health information and improving VA's delivery of health care to the Nation's Veterans. DoD has historically standardized practice for certain health care professionals, and VA has closely partnered with DoD to learn from their experience.</P>
                <HD SOURCE="HD1">Process to Develop National Standards of Practice</HD>
                <P>
                    As authorized by 38 CFR 17.419, VA is developing national standards of practice via policy. There is one overarching directive to describe the Veterans Health Administration (VHA) policy on national standard of practice. The directive is accessible on the VHA Publications website at 
                    <E T="03">https://vaww.va.gov/vhapublications/</E>
                     (internal) and 
                    <E T="03">https://www.va.gov/vhapublications/</E>
                     (external). As each individual national standard of practice is finalized, it is published as an appendix to the directive and accessible at the same websites.
                </P>
                <P>To develop these national standards, VA is using a robust, interactive process that adheres to the requirements of Executive Order (E.O.) 13132 to preempt conflicting state laws, rules, regulations, or other requirements. The process includes consultation with internal and external stakeholders, including state licensing boards, VA employees, professional associations, Veterans Service Organizations, labor partners, and others. For each VA occupation, a workgroup comprised of VA health care professionals in the identified occupation conducts research to identify internal best practices that may not be authorized under every state license, certification, or registration, but would enhance the practice and efficiency of the profession throughout VA. If a best practice is identified that is not currently authorized by every state, the workgroup determines what education, training, and skills are required to perform such tasks and duties. The workgroup then drafts a proposed VA national standard of practice using the data gathered during the research and incorporates internal stakeholder feedback into the standard. The workgroup may consult with internal or external stakeholders at any point throughout the process.</P>
                <P>The proposed national standard of practice is then internally reviewed, to include by an interdisciplinary VA workgroup consisting of representatives from Quality Management, VA medical facility Chief of Staff, Academic Affiliates, Veterans Integrated Services Network (VISN) Chief Nursing Officer, Ethics, Workforce Management and Consulting, Surgery, Credentialing and Privileging, VISN Chief Medical Officer, and Electronic Health Record Modernization.</P>
                <P>Externally, VA hosts listening sessions for members of the public, professional associations, and VA employees to provide comments on the variance between state practice acts for specific occupations and what should be included in the national standard of practice for that occupation. The listening session for Clinical Perfusionists was held on August 31, 2023. No professional associations presented comments on the Clinical Perfusionist scope of practice.</P>
                <P>
                    VA has developed a robust process to engage with partners, members of the public, states, and employees on the proposed national standard of practice. VA provides the proposed national standard of practice to our DoD partners as an opportunity to flag inconsistencies with DoD standards. VA also engages with labor partners informally as part of a pre-decisional collaboration. Consistent with E.O. 13132, VA sends a letter to each state board and certifying organization or registration organization, as appropriate, which includes the proposed national standard and offers the recipient an opportunity to discuss the national standard with VA. After the state boards, certifying organizations, or registration organizations have received notification, the proposed national standard of practice is posted in the 
                    <E T="04">Federal Register</E>
                     for 60 days to obtain feedback from the public, professional associations, and any other interested parties. At the same time, the proposed national standard is posted to an internal VA site to obtain feedback from VA employees. Responses received through all vehicles—from state boards, professional associations, unions, VA employees, and any other individual or organization who provides comments via the 
                    <E T="04">Federal Register</E>
                    —will be reviewed. VA will make appropriate revisions in light of the comments, including those that present evidence-based practice and alternatives that help VA meet our mission and goals. VA will publish a collective response to all comments at 
                    <E T="03">https://www.va.gov/standardsofpractice</E>
                    /.
                </P>
                <P>After the national standard of practice is finalized, approved, and published in VHA policy, VA will implement the tasks and duties authorized by that national standard of practice. Any tasks or duties included in the national standard will be properly incorporated into an individual health care professional's privileges, scope of practice, or functional statement once it has been determined by their VA medical facility that the individual has the proper education, training, and skills to perform the task or duty. Implementation of the national standard of practice may be phased in across all VA medical facilities, with limited exemptions for health care professionals as needed.</P>
                <HD SOURCE="HD1">Format for National Standard for Clinical Perfusionists</HD>
                <P>The proposed format for national standards of practice when there is a national certification body and there are state licenses is as follows. The first paragraph provides general information about the profession and what the health care professionals can do. For this national standard, Clinical Perfusionists are medical professionals qualified by academic education, clinical education, and professional credentialing to provide extracorporeal patient care services. We reiterate that the proposed standard of practice does not contain an exhaustive list of every task and duty that each VA health care professional can perform. Rather, it is designed to highlight generally what tasks and duties the health care professionals perform and how they will be able to practice within VA notwithstanding their state license, certification, registration, or other state requirements.</P>
                <P>
                    The second paragraph references the education and certification needed to practice this profession at VA. Qualification standards for employment 
                    <PRTPAGE P="56817"/>
                    of health care professionals by VA are outlined in VA Handbook 5005, Staffing, dated June 21, 2024. VA follows the requirements outlined in the VA qualification standards even if the requirements conflict with or differ from a state requirement. National standards of practice do not affect those requirements. This includes, but is not limited to, when a state requires a license to practice a specific occupation, but VA does not require a state license as part of the qualification standards. For Clinical Perfusionists, VA qualification standards require an active, current, full, and unrestricted certification from the American Board of Cardiovascular Perfusion (ABCP).
                </P>
                <P>The second paragraph also notes whether the national standard of practice explicitly excludes individuals who practice under “grandfathering” provisions. Qualification standards may include provisions to permit employees who met all requirements prior to revisions to the qualification standards to maintain employment at VA even if they no longer meet the new qualification standards. This practice is referred to as grandfathering. Clinical Perfusionists have grandfathering provisions included within their qualification standards, and VA proposes to have those individuals be authorized to follow the Clinical Perfusionist national standard of practice. Therefore, there would be no notation regarding grandfathered employees in the national standard of practice as they would be required to adhere to the same standard as any other VA Clinical Perfusionist who meets the current qualification standards.</P>
                <P>
                    The third paragraph confirms that this profession follows the Standards and Guidelines for Perfusion Practice from the American Society of ExtraCorporeal Technology (AmSECT). The standard of practice for Clinical Perfusionists can be found at: 
                    <E T="03">https://www.amsect.org/Portals/0/AmSECT_Perfusion_S%26G_2023%20Ratified%20021023.pdf/.</E>
                     For Clinical Perfusionists, VA confirmed that all individuals follow the standards from AmSECT.
                </P>
                <P>The fourth paragraph notes that VA reviewed if there are any required alternative registrations, certifications, licenses, or other state requirements for Clinical Perfusionists. VA found that 17 states also require a state license for Clinical Perfusionists.</P>
                <P>The fourth paragraph also includes information on which states offer an exemption for Federal employees and whether VA is preempting any conflicting state laws, rules, regulations, or requirements. Of those 17 states that require a license, 13 states exempt Federal employees from their state license requirements. Furthermore, the tasks and duties set forth in the state license requirements for all 17 states are consistent with what is permitted under the national certification. Therefore, there is no variance in how Clinical Perfusionists practice in any state. VA thus proposes to adopt a standard of practice consistent with the Standards and Guidelines for Perfusion Practice from AmSECT. VA Clinical Perfusionists will continue to follow this standard.</P>
                <P>This national standard of practice does not address training because it will not authorize VA Clinical Perfusionists to perform any tasks or duties not already authorized under their national certification and state license.</P>
                <P>Following public and VA employee comments and revisions, each national standard of practice that is published into policy will also include the date for recertification of the standard of practice and a point of contact for questions or concerns.</P>
                <HD SOURCE="HD1">Proposed National Standard of Practice for Clinical Perfusionists</HD>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P> All references herein to VA and VHA documents incorporate by reference subsequent VA and VHA documents on the same or similar subject matter.</P>
                </NOTE>
                <P>1. Clinical Perfusionists are medical professionals qualified by academic education, clinical education, and professional credentialing to provide extracorporeal patient care services. Patient care services include, but are not limited to, cardiopulmonary bypass, autotransfusion, intra-aortic counter pulsation, ventricular assistance, extracorporeal membrane oxygenation, and point of care testing. Clinical Perfusionists are responsible for the selection of appropriate equipment and techniques necessary for the support, treatment, measurement, and supplementation of the cardiopulmonary system of a patient. They use a comprehensive understanding of anatomy, physiology, physics, pharmaceutical administration, and mechanics of extracorporeal circulation to provide monitoring, analysis, and treatment of patient physiologic conditions to maintain blood pressure, anticoagulation, myocardial electromechanical silence and preservation (with unique administration of cardioplegia), thermal regulation, fluid balance, electrolyte/acid-base balance, and blood gas composition according to established guidelines and protocols.</P>
                <P>2. Clinical Perfusionists in the Department of Veteran Affairs (VA) possess the education and certification required by VA qualification standards. See VA Handbook 5005, Staffing, Part II, Appendix G63, dated July 2, 2020.</P>
                <P>
                    3. VA Clinical Perfusionists practice in accordance with the American Society of ExtraCorporeal Technology (AmSECT) Standards and Guidelines for Perfusion Practice, available at: 
                    <E T="03">https://amsect.org/.</E>
                     The American Board of Cardiovascular Perfusion (ABCP) is the national certifying body for Clinical Perfusionists. VA reviewed certification requirements from ABCP for this occupation in January 2024 and confirmed that all Clinical Perfusionists in VA followed the AmSECT Standards and Guidelines for Perfusion Practice.
                </P>
                <P>4. Although VA only requires a certification, 17 states require a state license in order to practice as Clinical Perfusionists in that state: Arkansas, Connecticut, Georgia, Illinois, Maryland, Massachusetts, Missouri, Nebraska, Nevada, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Tennessee, Texas, and Wisconsin.</P>
                <P>Of those, 13 states exempt Federal employees from their state license requirements: Arkansas, Georgia, Illinois, Massachusetts, Missouri, Nebraska, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Tennessee, and Texas.</P>
                <P>VA reviewed state laws and practice acts for Clinical Perfusionists in January 2024 and did not identify any conflicts that impact practice of this profession in VA.</P>
                <HD SOURCE="HD1">Request for Information</HD>
                <P>1. Is VA's assessment of what states allow and do not allow accurate?</P>
                <P>2. Are there any other areas of variance between state licenses, certifications, or registrations that VA should preempt that are not listed?</P>
                <P>3. Is there anything else you would like to share with us about this VA national standard of practice?</P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    Denis McDonough, Secretary of Veterans Affairs, approved and signed this document on June 7, 2024, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication 
                    <PRTPAGE P="56818"/>
                    electronically as an official document of the Department of Veterans Affairs.
                </P>
                <SIG>
                    <NAME>Luvenia Potts,</NAME>
                    <TITLE>Regulation Development Coordinator, Office of Regulation Policy and Management, Office of General Counsel, Department of Veterans Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15110 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8320-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
                <SUBJECT>Notice of Request for Information on the Department of Veterans Affairs Diagnostic Radiologic Technologist Standard of Practice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Veterans Affairs.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Request for information.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Veterans Affairs (VA) is requesting information to assist in developing a national standard of practice for VA Diagnostic Radiologic Technologists. VA seeks comments on various topics to help inform VA's development of this national standard of practice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before September 9, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Comments must be submitted through 
                        <E T="03">http://www.regulations.gov/.</E>
                         Except as provided below, comments received before the close of the comment period will be available at 
                        <E T="03">http://www.regulations.gov/</E>
                         for public viewing, inspection, copying, including any personally identifiable or confidential business information that is included in a comment. We post the comments received before the close of the comment period on the following website as soon as possible after they have been received: 
                        <E T="03">http://www.regulations.gov/.</E>
                         VA will not post on 
                        <E T="03">http://www.regulations.gov/</E>
                         public comments that make threats to individuals or institutions or suggest that the commenter will take actions to harm the individual. VA encourages individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments. Any public comment received after the comment period's closing date will not be accepted.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Ethan Kalett, Office of Governance, Regulations, Appeals and Policy (10B-GRAP), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, 202-461-0500. This is not a toll-free number.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Authority</HD>
                <P>Chapters 73 and 74 of 38 U.S.C. and 38 U.S.C. 303 authorize the Secretary to regulate VA health care professions to make certain that VA's health care system provides safe and effective health care by qualified health care professionals to ensure the well-being of those veterans who have borne the battle.</P>
                <P>On November 12, 2020, VA published an interim final rule confirming that VA health care professionals may practice their health care profession consistent with the scope and requirements of their VA employment, notwithstanding any State license, registration, certification, or other State requirements that unduly interfere with their practice. 38 CFR 17.419; 85 FR 71838. Specifically, this rulemaking confirmed VA's current practice of allowing VA health care professionals to deliver health care services in a State other than the health care professional's State of licensure, registration, certification, or other State requirement, thereby enhancing beneficiaries' access to critical VA health care services. The rulemaking also confirmed VA's authority to establish national standards of practice for its health care professionals which would standardize a health care professional's practice in all VA medical facilities, regardless of conflicting State laws, rules, regulations, or other State requirements.</P>
                <P>The rulemaking explained that a national standard of practice describes the tasks and duties that a VA health care professional practicing in the health care profession may perform and may be permitted to undertake. Having a national standard of practice means that individuals from the same VA health care profession may provide the same type of tasks and duties regardless of the State where they are located or the State license, registration, certification, or other State requirement they hold. We emphasized in the rulemaking and reiterate here that VA will determine, on an individual basis, that a health care professional has the proper education, training, and skills to perform the tasks and duties detailed in the national standard of practice, and that they will only be able to perform such tasks and duties after they have been incorporated into the individual's privileges, scope of practice, or functional statement. The rulemaking explicitly did not create any such national standards and directed that all national standards of practice would be subsequently created via policy.</P>
                <HD SOURCE="HD1">Preemption of State Requirements</HD>
                <P>The national standard of practice will preempt any State laws, rules, regulations, or requirements that both are and are not listed in the national standard as conflicting, but that do in fact conflict with the tasks and duties as authorized in VA's national standard of practice. In the event that a State changes their requirements and places new limitations on the tasks and duties it allows in a manner that would be inconsistent with what is authorized under the national standard of practice, the national standard of practice will preempt such limitations and authorize the VA health care professional to continue to practice consistent with the tasks and duties outlined in the national standard of practice.</P>
                <P>In cases where a VA health care professional's license, registration, certification, or other State requirement allows a practice that is not included in a national standard of practice, the individual may continue that practice so long as it is permissible by Federal law and VA policy, is not explicitly prohibited by the national standard of practice and is approved by the VA medical facility.</P>
                <HD SOURCE="HD1">Need for National Standards of Practice</HD>
                <P>
                    It is critical that VA, the Nation's largest integrated health care system, develops national standards of practice to ensure, first, that beneficiaries receive the same high-quality care regardless of where they enter the system and, second, that VA health care professionals can efficiently meet the needs of beneficiaries when practicing within the scope of their VA employment. National standards are designed to increase beneficiaries' access to safe and effective health care, thereby improving health outcomes. The importance of this initiative has been underscored by the coronavirus disease 2019 (COVID-19) pandemic. The increased need for mobility in VA's workforce, including through VA's Disaster Emergency Medical Personnel System, highlighted the importance of creating uniform national standards of practice to better support VA health care professionals who practice across State lines. Creating national standards of practice also promotes interoperability of medical data between VA and the Department of Defense (DoD), providing a complete picture of a veteran's health information and improving VA's delivery of health care to the Nation's veterans. DoD has historically standardized practice for certain health care professionals, and VA has closely 
                    <PRTPAGE P="56819"/>
                    partnered with DoD to learn from their experience.
                </P>
                <HD SOURCE="HD1">Process To Develop National Standards of Practice</HD>
                <P>
                    As authorized by 38 CFR 17.419, VA is developing national standards of practice via policy. There is one overarching directive to describe Veterans Health Administration (VHA) policy on national standards of practice. The directive is accessible on the VHA Publications website at 
                    <E T="03">https://vaww.va.gov/vhapublications/</E>
                     (internal) and 
                    <E T="03">https://www.va.gov/vhapublications/</E>
                     (external). As each individual national standard of practice is finalized, it is published as an appendix to the directive and accessible at the same websites.
                </P>
                <P>To develop these national standards, VA is using a robust, interactive process that adheres to the requirements of Executive Order (E.O.) 13132 to preempt conflicting State laws, rules, regulations, or other requirements. The process includes consultation with internal and external stakeholders, including State licensing boards, VA employees, professional associations, Veterans Service Organizations, labor partners, and others. For each VA occupation, a workgroup comprised of VA health care professionals in the identified occupation conducts research to identify internal best practices that may not be authorized under every State license, certification, or registration, but would enhance the practice and efficiency of the profession throughout VA. If a best practice is identified that is not currently authorized by every State, the workgroup determines what education, training, and skills are required to perform such tasks and duties. The workgroup then drafts a proposed VA national standard of practice using the data gathered during the research and incorporates internal stakeholder feedback into the standard. The workgroup may consult with internal or external stakeholders at any point throughout the process.</P>
                <P>The proposed national standard of practice is then internally reviewed, to include by an interdisciplinary VA workgroup consisting of representatives from Quality Management, VA medical facility Chief of Staff, Academic Affiliates, Veterans Integrated Services Network (VISN) Chief Nursing Officer, Ethics, Workforce Management and Consulting, Surgery, Credentialing and Privileging, VISN Chief Medical Officer, and Electronic Health Record Modernization.</P>
                <P>Externally, VA hosts listening sessions for members of the public, professional associations, and VA employees to provide comments on the variance between State practice acts for specific occupations and what should be included in the national standard of practice for that occupation. The listening session for Diagnostic Radiologic Technologist was held on September 7, 2023. No professional associations presented their comments on the Diagnostic Radiologic Technologist scope of practice.</P>
                <P>
                    VA has developed a robust process to engage with partners, members of the public, States, and employees on the proposed national standard of practice. VA provides the proposed national standard of practice to our DoD partners as an opportunity to flag inconsistencies with DoD standards. VA also engages with labor partners informally as part of a pre-decisional collaboration. Consistent with E.O. 13132, VA sends a letter to each State board and certifying organization or registration organization, as appropriate, which includes the proposed national standard and offers the recipient an opportunity to discuss the national standard with VA. After the State boards, certifying organizations, or registration organizations have received notification, the proposed national standard of practice is posted in the 
                    <E T="04">Federal Register</E>
                     for 60 days to obtain feedback from the public, professional associations, and any other interested parties. At the same time, the proposed national standard is posted to an internal VA site to obtain feedback from VA employees. Responses received through all vehicles—from State boards, professional associations, unions, VA employees, and any other individual or organization who provides comments via the 
                    <E T="04">Federal Register</E>
                    —will be reviewed. VA will make appropriate revisions in light of the comments, including those that present evidence-based practice and alternatives that help VA meet our mission and goals. VA will publish a collective response to all comments at 
                    <E T="03">https://www.va.gov/standardsofpractice/.</E>
                </P>
                <P>After the national standard of practice is finalized, approved, and published in VHA policy, VA will implement the tasks and duties authorized by that national standard of practice. Any tasks or duties included in the national standard will be properly incorporated into an individual health care professional's privileges, scope of practice, or functional statement once it has been determined by their VA medical facility that the individual has the proper education, training, and skills to perform the task or duty. Implementation of the national standard of practice may be phased in across all VA medical facilities, with limited exemptions for health care professionals as needed.</P>
                <HD SOURCE="HD1">Format for National Standard for Diagnostic Radiologic Technologists</HD>
                <P>The proposed format for national standards of practice when there is a national certification body and there are State licenses is as follows. The first paragraph provides general information about the profession and what the health care professionals can do. For this national standard, Diagnostic Radiologic Technologists are responsible for the safe use of ionizing radiation for diagnostic, therapeutic, and research purposes under the supervision of a Radiologist. We reiterate that the proposed standard of practice does not contain an exhaustive list of every task and duty that each VA health care professional can perform. Rather, it is designed to highlight generally what tasks and duties the health care professionals perform and how they will be able to practice within VA notwithstanding their State license, certification, registration, or other State requirements.</P>
                <P>The second paragraph references the education and certification needed to practice this profession at VA. Qualification standards for employment of health care professionals by VA are outlined in VA Handbook 5005, Staffing, dated June 21, 2024. VA follows the requirements outlined in the VA qualification standards even if the requirements conflict with or differ from a State requirement. National standards of practice do not affect those requirements. This includes, but is not limited to, when a State requires a license to practice a specific occupation, but VA does not require a State license as part of the qualification standards. For Diagnostic Radiologic Technologists, VA qualification standards require an active, current, full, and unrestricted certification in Radiography from the American Registry of Radiologic Technologists (ARRT).</P>
                <P>
                    The second paragraph also notes whether the national standard of practice explicitly excludes individuals who practice under “grandfathering” provisions. Qualification standards may include provisions to permit employees who met all requirements prior to revisions to the qualification standards to maintain employment at VA even if they no longer meet the new qualification standards. This practice is referred to as grandfathering. Diagnostic Radiologic Technologists have grandfathering provisions included within their qualification standards, and 
                    <PRTPAGE P="56820"/>
                    VA proposes to have those individuals be authorized to follow the Diagnostic Radiologic Technologist national standard of practice. Therefore, there would be no notation regarding grandfathered employees in the national standard of practice as they would be required to adhere to the same standard as any other VA Diagnostic Radiologic Technologist who meets the current qualification standards.
                </P>
                <P>
                    The third paragraph confirms that this profession follows the standard set by the American Society of Radiologic Technologists (ASRT). ARRT, this profession's national certification body, follows the ASRT standards. The standard of practice for the certification can be found at: 
                    <E T="03">https://www.asrt.org/main/standards-and-regulations/professional-practice/practice-standards.</E>
                     For Diagnostic Radiologic Technologists, VA confirmed that all individuals follow the standards from the ASRT.
                </P>
                <P>The fourth paragraph notes that VA reviewed if there are any required alternative registrations, certifications, licenses, or other State requirements for Diagnostic Radiologic Technologists. VA found that 38 States also require a State license for Diagnostic Radiologic Technologists.</P>
                <P>The fourth paragraph also includes information on which States offer an exemption for Federal employees and whether VA is preempting any conflicting State laws, rules, regulations, or requirements. Of those 38 States that require a license, 25 States exempt Federal employees from their State license requirements. Furthermore, the tasks and duties set forth in the State license requirements for all 38 States are consistent with what is permitted under the national certification. Therefore, there is no variance in how Diagnostic Radiologic Technologists practice in any State. VA thus proposes to adopt a standard of practice consistent with the standards from the ASRT, as followed by ARRT, this profession's national certification body. VA Diagnostic Radiologic Technologists will continue to follow this standard.</P>
                <P>This national standard of practice does not address training because it will not authorize VA Diagnostic Radiologic Technologists to perform any tasks or duties not already authorized under their national certification and State license.</P>
                <P>Following public and VA employee comments and revisions, each national standard of practice that is published into policy will also include the date for recertification of the standard of practice and a point of contact for questions or concerns.</P>
                <HD SOURCE="HD1">Proposed National Standard of Practice for Diagnostic Radiologic Technologists</HD>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P> All references herein to VA and VHA documents incorporate by reference subsequent VA and VHA documents on the same or similar subject matter.</P>
                </NOTE>
                <P>1. Diagnostic Radiologic Technologists perform technical work in support of the Diagnostic Service's Radiology section. Under the supervision of a Radiologist, Diagnostic Radiologic Technologists are responsible for the safe use of ionizing radiation for diagnostic, therapeutic, and research purposes. Imaging modalities include x-ray, magnetic resonance imaging, ultrasound, computed tomography interventional radiology, and noninterpretive fluoroscopic procedures as prescribed by a licensed practitioner. Diagnostic Radiologic Technologists perform venipuncture, maintain and remove intravenous access, and prepare and administer contrast media and adjunct medications under the supervision of a licensed practitioner. Acquired images are used in the diagnosis and treatment of medical conditions and pathologies. Diagnostic Radiologic Technologists review patients' medical histories to understand their illnesses, medical issues, and pending diagnostic or treatment procedures; instruct patients before, during, and following procedures; evaluate the satisfactory preparation of patients before beginning procedures; complete documentation within electronic health records as necessary; and recognize and respond appropriately to emergency situations.</P>
                <P>2. Diagnostic Radiologic Technologists in the Department of Veterans Affairs (VA) possess the education and certification required by VA qualification standards. See VA Handbook 5005, Staffing, Part II, Appendix G25, dated December 13, 2019.</P>
                <P>
                    3. VA Diagnostic Radiologic Technologists practice in accordance with the Radiographer standards from the American Society of Radiologic Technologists (ASRT), available at: 
                    <E T="03">https://www.asrt.org/.</E>
                     The American Registry of Radiologic Technologists (ARRT), the national certifying body of Diagnostic Radiologic Technologists, follows the ASRT standards. VA reviewed certification requirements from ARRT for this occupation in February 2024 and confirmed that all Diagnostic Radiologic Technologists in VA followed the Radiographer standards from ASRT.
                </P>
                <P>4. Although VA only requires a certification, 38 states require a state license in order to practice as a Diagnostic Radiologic Technologists in that state: Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Puerto Rico, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.</P>
                <P>Of those, 25 states exempt Federal employees from their state license requirements: Arizona, California, Colorado, Florida, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Texas, Utah, Vermont, Virginia, Washington, and West Virginia.</P>
                <P>VA reviewed state laws, state practice acts, and certification requirements for Diagnostic Radiologic Technologists in February 2024 and did not identify any conflicts that impact practice of this profession in VA.</P>
                <HD SOURCE="HD1">Request for Information</HD>
                <P>1. Is VA's assessment of what States allow and do not allow accurate?</P>
                <P>2. Are there any other areas of variance between State licenses, certifications, or registrations that VA should preempt that are not listed?</P>
                <P>3. Is there anything else you would like to share with us about this VA national standard of practice?</P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>Denis McDonough, Secretary of Veterans Affairs, approved and signed this document on June 13, 2024, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs.</P>
                <SIG>
                    <NAME>Luvenia Potts,</NAME>
                    <TITLE>Regulation Development Coordinator, Office of Regulation Policy and Management, Office of General Counsel, Department of Veterans Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-15111 Filed 7-9-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8320-01-P</BILCOD>
        </NOTICE>
    </NOTICES>
</FEDREG>
