For information on how to apply, please see the nominations process page: https://www.ams.usda.gov/rules-regulations/organic/nosb/nomination-process.

The Organic Foods Production Act (OFPA), as amended (7 U.S.C. 6501-6524), required the Secretary to establish the National Organic Standards Board (NOSB) in accordance with the Federal Advisory Committee Act. The NOSB was established to assist in the development of standards for substances to be used in organic production and to advise the Secretary on the implementation of the OFPA.

The NOSB is composed of 15 members:

• Four individuals who own or operate an organic farming operation, or employees of such individuals;

• Two individuals who own or operate an organic handling operation, or employees of such individuals;

• One individual who owns or operates a retail establishment with significant trade in organic products, or employees of such individuals;

• Three individuals with expertise in areas of environmental protection and resource conservation;

• Three individuals who represent public interest or consumer interest groups;

• One individual with expertise in the fields of toxicology, ecology, or biochemistry; and

• One individual who is a certifying agent.

Per OFPA, under 7 U.S.C. 6518, individuals seeking appointment to the NOSB must meet the qualifications for the relevant vacancy ( e.g., demonstrated experience and interest in organic production and organic certification, demonstrated experience with respect to agricultural products produced and handled on certified organic farms, or experience with consumer and public interest organizations). Applicants should also consider the additional selection criteria the NOSB recommended on June 10, 1999, included below and on the following web page: https://www.ams.usda.gov/rules-regulations/organic/nosb/nomination-process.

• A general understanding of organic principles and practical experience in the organic community;

• Demonstrated experience in the development of public policy such as participation on public or private advisory boards, boards of directors, or other comparable organizations;

• Participation in standards development or involvement in educational outreach activities;

• A commitment to the integrity and growth of the organic food and fiber industry;

• The ability to evaluate technical information and to fully participate in NOSB deliberation and recommendations;

• The willingness to commit the time and energy necessary to assume NOSB duties; and

• Other such factors as may be appropriate for specific positions.

To apply, submit the following: a resume (required); Form AD-755 (required), which can be accessed at: https://www.usda.gov/sites/default/files/documents/ad-755-advisory-committee-commodity-board-background-information.pdf; a cover letter (optional); and letters of recommendation (optional). Resumes should be no longer than five (5) pages and should include the following information: the position for which you are applying; current and past organization affiliations; areas of expertise; education; career positions held; and any other notable, relevant positions held. Previous applicants who wish to be considered must reapply.

If USDA receives a request under the Freedom of Information Act (5 U.S.C. 552) for records relating to NOSB nominations, application materials may be released to the requester. Prior to the release of the information, personally identifiable information protected by the Privacy Act (5 U.S.C. 552a) will be redacted.

Equal opportunity practices, in accordance with USDA policies, will be followed in all membership appointments to the Committee.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/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.

AMS encourages submissions from qualified applicants, regardless of “persons with disabilities who require alternative means of communication for program information ( e.g., 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.”

The Office of Management and Budget (OMB) previously cleared the information collection requirements concerning the nomination process under OMB Control No. 0505-0001.

The Codex Alimentarius Commission was established in 1963. 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.

The Terms of Reference of the Codex Committee on Pesticide Residues (CCPR) are:

(a) to establish maximum limits for pesticide residues in specific food items or in groups of food;

(b) to establish maximum limits for pesticide residues in certain animal feeding stuffs moving in international trade where this is justified for reasons of protection of human health;

(c) to prepare priority lists of pesticides for evaluation by the Joint Meeting on Pesticide Residues (JMPR);

(d) to consider methods of sampling and analysis for the determination of pesticide residues in food and feed;

(e) to consider other matters in relation to the safety of food and feed containing pesticide residues; and,

(f) to establish maximum limits for environmental and industrial contaminants showing chemical or other similarity to pesticides, in specific food items or groups of food.

China hosts the CCPR. The 56th Session of the CCPR will be co-hosted with Chile. The United States attends the CCPR as a member country of Codex.

The following items from the agenda for the 56th Session of the CCPR will be discussed during the public meeting:

At the August 13, 2025, public meeting, agenda items will be described and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to U.S Delegate, Mr. Aaron Niman, niman.aaron@epa.gov. Written comments should state that they relate to activities of the 56th Session of the CCPR.

Public awareness of all segments of rulemaking and policy development is important. Consequently, the U.S. Codex Office will announce this Federal Register publication on-line through the USDA Codex web page located at: https://www.usda.gov/codex.

The purpose of the meeting is to:

1. Elect a chair;

2. Hear from Title II project proponents and discuss project proposals; and

3. Make funding recommendations on Title II projects.

Please contact the person listed under FOR FURTHER INFORMATION CONTACT , by or before the deadline, for all questions related to the meeting. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received upon request.

Meeting Accommodations: If you are a person requiring reasonable accommodation, please make a request in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to proceedings, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT . All reasonable accommodation requests are managed on a case-by-case basis.

Equal opportunity practices, in accordance with USDA policies, will be followed in all membership appointments to the Committee.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/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.

This Committee meeting is available to the public through the registration link above. Any interested members of the public may attend this meeting. An open comment period will be provided to allow members of the public to make oral comments as time allows. Pursuant to the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning is available by selecting “CC” in the meeting platform. To request additional accommodations, please email svillanueva@usccr.gov at least 10 business days prior to the meeting.

Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the scheduled meeting. Written comments may be emailed to Sarah Villanueva at svillanueva@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at (202) 618-4158.

Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via the file sharing website, https://bit.ly/3ZzHlj5. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Coordination Unit at svillanueva@usccr.gov.

Committee meetings are available to the public through a registration link (above). Any interested members of the public may attend committee meetings. An open comment period will be provided to allow members of the public to make oral statements as time allows. Pursuant to the Federal Advisory Committee Act, public minutes of each meeting will include a list of persons who are present. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning is available by selecting “CC” in the meeting platform. To request additional accommodations, please email ebohor@usccr.gov at least 10 business days prior to the meeting.

Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the scheduled meeting. Written comments may be emailed to Evelyn Bohor at ebohor@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at 1-202-656-8937.

Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via the file sharing website, https://tinyurl.com/mnshz8n9. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Coordination Unit at ebohor@usccr.gov.

This Committee meeting is available to the public through the registration link above. Any interested members of the public may attend this meeting. An open comment period will be provided to allow members of the public to make oral comments as time allows. Pursuant to the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning is available by selecting “CC” in the meeting platform. To request additional accommodations, please email svillanueva@usccr.gov at least 5 business days prior to the meeting.

Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the scheduled meeting. Written comments may be emailed to Sarah Villanueva at svillanueva@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at 1-202-618-4158.

Records generated from these meetings may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after each meeting. Records of the meetings will be available via the file sharing website, https://bit.ly/4g3IB4K. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Coordination Unit at svillanueva@usccr.gov.

The Census Bureau is requesting an extension of the Special Census Program without change.

A Special Census is an enumeration of population, housing units, group quarters, and transitory locations, conducted by the Census Bureau at the request of a Governmental Unit (GU). The Special Census questionnaires will collect the same information that was gathered during the 2020 Census. Title 13, United States Code, Section 196 authorizes the Census Bureau to conduct Special Censuses on a cost reimbursable basis for the government of any state, county, city, or other political subdivision within a state. This includes the District of Columbia, American Indian Reservations, Alaskan Native villages, Puerto Rico, the Island Areas ( e.g., American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin Islands), and other governmental units that require current population data between decennial censuses. Local officials frequently request a Special Census when there has been a significant population change in their community due to annexation, growth, or the addition of new group quarters facilities. Communities may also consider a Special Census if there was a significant number of vacant housing units during the previous decennial census that are now occupied.

A full Special Census is a basic enumeration of population, housing units, and group quarters for the entire area within the jurisdiction of a local GU requesting the Special Census. A partial Special Census is conducted using the same methodologies and procedures as a regular or full Special Census, but it is for an area or section within the jurisdiction of the local GU. For example, GUs may choose to conduct a partial Special Census for just those areas that might have experienced a large population growth or a boundary change.

Many states use Special Census population statistics to determine the distribution of state funds to local jurisdictions. The local jurisdictions may also use the data to plan new schools, transportation systems, housing programs, or water treatment facilities. GUs that request a Special Census will receive the data files containing housing unit and population counts by email when data processing and disclosure avoidance have been completed for the Special Census. The data will also be posted at data.census.gov for public use. These data will not be used to update official 2020 Census data products and apportionment counts, but they will be used to update data in the Census Bureau's Population Estimates Program.

The Special Census Program accepts requests for cost estimates from GUs with the Request for Cost Estimate form (SC-900 RCE), which is available on the Census Bureau website. There is no fee to submit a request form. Once this form has been reviewed by the Census Bureau, the GU and the Census Bureau coordinate to identify the exact geographic boundaries for the Special Census. Then the Special Census Program coordinates with participating divisions within the Census Bureau and regional offices to determine a cost estimate and timeline for the Special Census and presents them to the GU. The cost of a Special Census varies depending on the GU's housing and population counts and whether a government requests a full or partial Special Census. The cost estimate outlines the anticipated costs to the sponsoring government for staffing, materials, data processing and tabulation. Included with the cost estimate is a Memorandum of Agreement (MOA). Once a signed MOA and initial payment are transmitted to the Census Bureau, the Special Census process will begin. When data collection, processing, disclosure avoidance, and tabulation have been completed, the GU will receive official census statistics on the population and housing unit counts for the entire jurisdiction or parts of the jurisdiction, as defined in the MOA at the beginning of the Special Census process. All Special Census statistics will be subject to disclosure avoidance using differential privacy methods, consistent with the processes and methods used for 2020 Census data products, prior to their release to the public. Requests for cost estimates from GUs will be accepted through May 2027.

The Census Bureau uses an internet self-response instrument for respondents to respond online to the Special Census questionnaire. At the start of the Special Census, the Census Bureau will send an invitation letter to housing units in the GU's Special Census area with information needed to respond online. Respondents will have a number of weeks to respond to the Special Census questionnaire using the internet self-response instrument. Reminder letters and postcards will be sent to each housing unit to encourage self-response and provide information needed to do so.

Approximately two weeks after the end of the Special Census self-response period, the Census Bureau will conduct follow-up operations in the field to enumerate housing units that did not respond using the internet self-response instrument. Housing units that do not respond online will be contacted by a field representative who will conduct a Special Census interview using a paper questionnaire. Additionally, nonresponding housing units may be contacted by telephone for their response.

The field operations will also enumerate group quarters and transitory locations in the GU's Special Census area. The Census Bureau uses a paper questionnaire to conduct Special Census interviews at transitory locations and group quarters. During the field operations, Special Census field representatives also update the addresses of living quarters as needed, based on their observation of housing units, transitory locations, and group quarters.

Several quality assurance measures are implemented for each Special Census to ensure that high quality data are gathered using the most efficient and cost-effective procedures. These include edits incorporated into the online questionnaire and the ability to validate potentially erroneous responses in the field. Independent quality assurance checks and a reinterview of a sample of field questionnaires will also be implemented to ensure the quality of the data collected in the field.

At this time, the Special Census Program does not plan on implementing additional automated tools and methods for data collection. If anything changes in the future, a Revision or an NSC can be submitted at that time.

OMB Control Number: 0607-0368.

Form Number(s): SC-Q, SC-CQ, SC-Q-TL, SC-CQ-TL, SC-Q-GE, SC-RQ, SC-900 RCE, SC-50.1a.

Type of Review: Regular submission, Request for an Extension, without Change.

Affected Public: Individuals or households; State, Local, or Tribal government.

Estimated Number of Respondents: 357,080.

Estimated Time per Response: Approximately 10 minutes.

Estimated Total Annual Burden Hours: 59,560.

Estimated Total Annual Cost to Public: $0. (This is not the cost of respondents' time, but the indirect costs respondents may incur for such things as purchases of specialized software or hardware needed to report, or expenditures for accounting or records maintenance services required specifically by the collection.)

Respondent's Obligation: Voluntary.

Legal Authority: Title 13 U.S.C. 196.

We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

Comments that you submit in response to this notice are a matter of public record. We will include, or summarize, each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

On March 15, 2022, Commerce published in the Federal Register the antidumping duty order on granular PTFE from India. 1 On March 1, 2024, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order. 2 On May 8, 2024, based on a timely request for review, in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the Order, covering one producer/exporter, Gujarat Fluorochemicals Limited (GFCL). 3

On July 23, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 4 Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), on November 25, 2024, Commerce determined that it was not practicable to complete the preliminary results of this review within 245 days and extended the deadline for the preliminary results of this review until April 7, 2025. 5 Additionally, on December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding by 90 days. 6 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 7

The merchandise covered by the Order is granular PTFE from India. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. 8

Commerce is conducting this administrative review in accordance with section 751(a) of the Act. Export price and constructed export price are calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act.

For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is attached 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 http://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

We preliminarily determine the following weighted-average dumping margin exists for the respondent for the period March 1, 2023, through February 29, 2024:

Commerce intends to disclose its calculations and analysis performed for these preliminary results to interested parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which Commerce issues its post-preliminary analysis in this administrative review. A timeline for the submission of case briefs and written comments will be provided to interested parties at a later date. 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. 9 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. 10 Case and rebuttal briefs should be filed using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.

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 brief 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. 11 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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 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). 12

Pursuant to 19 CFR 351.310(c), 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. 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 the respective case briefs. An electronically filed hearing request must be received successfully in its entirety via ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice in the Federal Register . If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing. 13

Pursuant to section 751(a)(2)(A) of the Act, upon completion of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review. 14

If the weighted-average dumping margin for GFCL is not zero or de minimis ( i.e., less than 0.5 percent) in the final results of this review, Commerce intends to calculate an importer-specific ad valorem antidumping duty assessment rate based on the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). 15 We intend to instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis ( i.e., 0.50 percent).

Where we do not have entered values for all U.S. sales to a particular importer (or customer), we will calculate a per-unit assessment rate by aggregating the antidumping duties due for all U.S. sales to that importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer). 16 To determine whether a per-unit assessment rate is de minimis, we will calculate estimated entered values.

If the weighted-average dumping margin for GFCL or an importer-specific assessment rate is zero or de minimis in the final results of review, we intend to instruct CBP to liquidate the appropriate entries without regard to antidumping duties. 17 The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. 18

For entries of subject merchandise during the POR produced by GFCL for which it did not know that the merchandise was destined for the United States, we intend to instruct CBP to liquidate unreviewed entries at the all-others rate ( i.e., 10.01) established in the less-than-fair-value (LTFV) investigation  19 if there is no rate for the intermediate company involved in the transaction. 20

Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this administrative review in the Federal Register . 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 ( i.e., within 90 days of publication).

The following cash deposit requirements will be effective upon publication in the Federal Registe r of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for GFCL will be equal to the weighed-average dumping margin established in the final results of this administrative review, except if the rate is less than 0.50 percent, and, therefore, de minimis within the meaning of 19 CFR 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 continue to be the company-specific cash deposit rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, or a previous segment, but the producer is, then the cash deposit rate will be the rate established in the completed segment for the most recent period of the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 10.01 percent, the all-others rate established in the LTFV investigation. 21 These cash deposit requirements, when imposed, shall remain in effect until further notice.

Unless the deadline is otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised by interested parties in any case or rebuttal briefs, no later than 120 days after the date of publication of these preliminary results in the Federal Register , pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless otherwise extended.

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 and/or countervailing 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 and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.

We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

On May 8, 2024, Commerce published in the Federal Register the notice of initiation  1 of an administrative review of the Order. 2 On June 17, 2024, Commerce selected Anhui Trust Chem Co., Ltd. (ATC) and Nantong Botao Chemical Co., Ltd. (Botao) for individual examination as the mandatory respondents in this review. 3 On July 22, 2024, Commerce tolled certain deadlines in this administrative review by seven days. 4 On December 2, 2024, Commerce extended the deadline for the preliminary results of this review by 120 days, until April 7, 2025. 5 On December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding for an additional 90 days. 6 The deadline for the preliminary results is now July 7, 2025.

For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 7 A list of topics included in the Preliminary Decision Memorandum is provided as the 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 https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

The product covered by the Order is corrosion inhibitors from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.

Commerce is conducting this administrative review in accordance with 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. 8 For a full description of the methodology underlying our conclusions, including our reliance, in part, on adverse facts available, pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.

Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if all parties that requested the review withdraw their requests within 90 days of the date of publication of the notice of initiation. Commerce received a timely-filed withdrawal of review request from Jiangyin Delian Chemical Co., Ltd. Because the withdrawal of review request was timely filed, and no other parties requested a review of this company, we are rescinding this review of the Order with respect to this company, in accordance with 19 CFR 351.213(d)(1).

Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no reviewable suspended entries. Based on our analysis of U.S. Customs and Border Protection (CBP) information, we preliminarily determine that (1) Relic Chemicals; (2) Sagar Specialty Chemicals Pvt., Ltd.; (3) Vcare Medicines; and (4) Yasho Industries Pvt. Ltd. had no entries of subject merchandise during the POR. On October 28, 2024, we notified parties of our intent to rescind this administrative review with respect to the four companies which had no reviewable suspended entries and invited comments. 9 No interested party submitted comments. Therefore, for these four companies, because no reviewable suspended entries exist during the POR, we are rescinding this review of the Order, in accordance with 19 CFR 351.213(d)(3). For further information, see the Preliminary Decision Memorandum.

There are four companies for which a review was requested, which had reviewable entries, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. These four companies are: (1) Connect Chemicals China Co., Ltd.; (2) Connect Chemicals GMBH; (3) Gold Chemical Limited; and (4) Kanghua Chemical Co., Ltd. The Act and Commerce's regulations do not address the establishment of a rate to apply to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and/or producers individually examined, excluding any rates that are zero, de minimis, or based entirely on facts available.

In this administrative review, Commerce calculated preliminary individual countervailable subsidy rates for ATC and Botao that are not zero, de minimis, or based entirely on facts otherwise available. Therefore, we are applying to the non-selected companies the average of the net subsidy rates calculated for ATC and Botao, which we calculated using publicly ranged sales data. 10 This methodology to establish the rate for the non-selected companies uses section 705(c)(5)(A) of the Act, which governs the calculation of the all-others rate in an investigation, as guidance. For further information on the calculation of the non-selected respondent rate, see the Preliminary Decision Memorandum.

Commerce preliminarily determines that the following net countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:

On March 31, 2020, Commerce published in the Federal Register the antidumping duty (AD) order on acetone from Korea. 1 On March 1, 2024, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order for the POR. 2 On May 8, 2024, based on timely request for a review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the Order with respect to Kumho P&B Chemicals, Inc. (KPB) and LG Chem, Ltd. (LG Chem). 3

On June 3, 2024, LG Chem filed a no shipment/no sales certification. 4 On July 29, 2024, Commerce tolled the deadlines in this administrative proceeding by seven days. 5 On November 29, 2024, Commerce extended the deadline for preliminary results. 6 Additionally, on December 9, 2025, Commerce tolled certain deadlines in this administrative proceeding by 90 days. 7 The current deadline for the preliminary results is July 7, 2025.

For events that occurred since the Initiation Notice, see the Preliminary Decision Memorandum. 8 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 https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix to this notice.

The product covered by the Order is acetone from Korea. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.

On August 20, 2024, Commerce notified interest parties that we intended to rescind this administrative review with respect to LG Chem and invited parties to comment. 9 No interested party commented on our intent to rescind this administrative review with respect to LG Chem. As a result, we are rescinding this review with respect to LG Chem, pursuant to 19 CFR 351.213(d)(3) and (4).

Commerce is conducting this review in accordance with section 751(a)(2) of the Act. Export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum.

We preliminarily determine the following estimated weighted-average dumping margin exists for the period March 1, 2023, through February 29, 2024:

Commerce intends to disclose the calculations and analysis performed to interested parties for these preliminary results within five days after public announcement or, if there is no public announcement, within five days after the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 21 days after the date of the publication of this notice. 10 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs. 11 Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. 12

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 brief that should be limited to five pages total, including footnotes. In this administrative 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. 13 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this review. We request that interested parties include footnotes for relevant citations in the 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). 14

Pursuant to 19 CFR 351.310(c), 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. Hearing 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 issues raised in the respective case briefs. 15 If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined and will notify the parties through ACCESS. 16 Parties should confirm the date, time, and location of the hearing two days before the scheduled date. All submissions, including case and rebuttal briefs, as well as hearing requests, should be filed using ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline.

Upon completion of the administrative review, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. 17 Commerce intends to issue assessment instruction to CBP no earlier than 35 days after the date of publication of the final results in the Federal Register .

For KPB, whose weighted-average dumping margin is not zero or de minimis ( i.e., less than 0.50 percent), we will calculate importer-specific ad valorem AD 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 in accordance with 19 CFR 351.212(b)(1). If the respondent has not reported entered values, we will calculate a per-unit assessment rate for each importer by dividing the total amount of dumping calculated for the examined sales made to that importer by the total quantity associated with those sales. To determine whether an importer-specific, per-unit assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also will calculate an importer-specific ad valorem ratio based on estimated entered values.

For LG Chem for which this review is being rescinded, antidumping duties shall be assessed on entries at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP for LG Chem no earlier than 35 days after the date of publication of this notice in the Federal Register .

The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. 18

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 ( i.e., within 90 days of publication).

The following 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 each specific company listed above will be equal to the weighted-average dumping margin established in the final results of this administrative review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original 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 or exporters will continue to be the all-others rate established in the less-than-fair-value investigation ( i.e., 33.10 percent). 19 These cash deposit requirements, when imposed, shall remain in effect until further notice.

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 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 duties occurred and the subsequent assessment of doubled antidumping duties.

Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4) and 19 CFR 351.213d(4).

On February 19, 2025, Commerce published the Preliminary Determination in this investigation and invited interested parties to comment. 1 For a complete description of the events that occurred since the Preliminary Determination, see the Issues and Decision Memorandum. 2

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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

The merchandise covered by the scope of this investigation is tungsten shot from China. For a complete description of the scope of this investigation, see Appendix I.

We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation.

As discussed in the Issues and Decision Memorandum, because of certain restrictions imposed by the Government of China, Commerce was unable to conduct verification of the information submitted by Zhuzhou KJ Super Materials Co., Ltd. (KJ Super).

The issues raised in the case and rebuttal briefs by the parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II.

Based on a review of the record and comments received from interested parties regarding the Preliminary Determination, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we applied facts otherwise available with an adverse inference (AFA) to KJ Super, finding that it provided information that cannot be verified and thus is ineligible for a separate rate and part of the China-wide entity. For a discussion of these changes, see the Issues and Decision Memorandum.

Consistent with the Preliminary Determination, Commerce continues to find that, pursuant to sections 776(a) and (b) of the Act, the use of facts otherwise available with an adverse inference is warranted in determining the dumping rate for the China-wide entity. 3 For this final determination, there is no new information on the record that would cause us to reconsider our preliminary decision. Therefore, as AFA, we assigned a rate of 201.32 percent, which is the highest rate alleged in the petition, 4 to the China-wide entity.

Commerce determines that the following estimated weighted-average dumping margin exists:

Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). However, because Commerce applied AFA to the mandatory respondent in this investigation, in accordance with section 776 of the Act, and the applied AFA rate is based solely on the petition, there are no calculations to disclose.

In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of tungsten shot, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after February 19, 2025, the date of publication of the Preliminary Determination in the Federal Register . These suspension of liquidation instructions will remain in effect until further notice.

Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit for estimated antidumping duties for appropriate entries.

Commerce normally adjusts the estimated weighted-average dumping margin by the amount of export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. However, not only has suspension of liquidation of provisional measures in the companion CVD investigation been discontinued, but also Commerce preliminarily did not make an affirmative determination for countervailable export subsidies in the companion CVD proceeding. 5 Therefore, Commerce has not offset the estimated weighted-average dumping margin in the table above.

In accordance with section 735(d) of the Act, Commerce will notify the ITC of its final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured or threatened with material injury by reason of imports of tungsten shot from China no later than 45 days after our final determination. If the ITC determines that such material injury or threat of material injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation, as discussed in the “Continuation of Suspension of Liquidation” section.

This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 violation which is subject to sanction.

This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

On June 6, 2025, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226(i), the requesters filed circumvention inquiry requests alleging that aluminum containers completed in the third countries using aluminum foil manufactured in China, are circumventing the AD and CVD orders on aluminum containers from China  1 and, accordingly, should be included within the scope of the Orders. 2

On June 17, 2025, we issued supplemental questionnaires to the requesters. 3 On June 20, 2025, the requesters filed their responses to our request for additional information. 4

The merchandise subject to the Orders is disposable aluminum containers, pans, trays, and lids produced primarily from flat-rolled aluminum. The subject merchandise includes aluminum containers regardless of shape or size and whether or not wrinkled or smooth. For a full description of the scope of the Orders, see the Circumvention Initiation Checklists. 5

The circumvention inquiries cover aluminum containers assembled and completed in the third countries using Chinese-origin aluminum foil, that is subsequently exported from the third countries to the United States.

Section 351.226(d) of Commerce's regulations states that if Commerce determines that a request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c), then Commerce “will accept the request and initiate a circumvention inquiry.” Section 351.226(c)(1) of Commerce's regulations, in turn, requires that each circumvention inquiry request allege “that the elements necessary for a circumvention determination under section 781 of the Act exist” and be “accompanied by information reasonably available to the interested party supporting these allegations.” The requesters alleged circumvention pursuant to section 781(b) of the Act (merchandise completed or assembled in other foreign countries).

Section 781(b)(1) of the Act provides that Commerce may find circumvention of an order when merchandise of the same class or kind subject to the order is completed or assembled in a foreign country other than the country to which the order applies. In conducting a circumvention inquiry, under section 781(b)(1) of the Act, Commerce relies on the following criteria: (A) merchandise imported into the United States is of the same class or kind as any merchandise produced in a foreign country that is the subject of an AD or CVD order; (B) before importation into the United States, such imported merchandise is completed or assembled in another foreign country from merchandise which is subject to the order or is produced in the foreign country that is subject to the order; (C) the process of assembly or completion in the foreign country referred to in section (B) is minor or insignificant; (D) the value of the merchandise produced in the foreign country to which the AD or CVD order applies is a significant portion of the total value of the merchandise exported to the United States; and (E) the administering authority determines that action is appropriate to prevent evasion of such order.

In determining whether the process of assembly or completion in a foreign country is minor or insignificant under section 781(b)(1)(C) of the Act, section 781(b)(2) of the Act directs Commerce to consider: (A) the level of investment in the foreign country; (B) the level of research and development in the foreign country; (C) the nature of the production process in the foreign country; (D) the extent of production facilities in the foreign country; and (E) whether or not the value of processing performed in the foreign country represents a small proportion of the value of the merchandise imported into the United States. However, no single factor, by itself, controls Commerce's determination of whether the process of assembly or completion in a foreign country is minor or insignificant. 6 Accordingly, Commerce will evaluate each of these five factors as they exist in the foreign country, depending on the particular circumvention scenario.

In addition, section 781(b)(3) of the Act sets forth additional factors to consider in determining whether to include merchandise assembled or completed in a foreign country within the scope of an AD or CVD order. Specifically, Commerce shall take into account such factors as: (A) the pattern of trade, including sourcing patterns; (B) whether the manufacturer or exporter of the merchandise that was shipped to the foreign country is affiliated with the person who, in the foreign country, uses the merchandise to complete or assemble the merchandise which is subsequently imported into the United States; and (C) whether imports of the merchandise into the foreign country have increased after the initiation of the investigation that resulted in the issuance of such order.

Based on our analysis of the requesters' circumvention inquiry requests, we determine that they have satisfied the criteria under 19 CFR 351.226(c), and thus, pursuant to 19 CFR 351.226(d)(1)(iii), we are initiating the requested circumvention inquiries. For a full discussion of the basis for our decision to initiate the circumvention inquiries, see the Circumvention Initiation Checklists. As explained in the Circumvention Initiation Checklists, the information provided by the requesters warrants initiating the circumvention inquiries on a country-wide basis. Commerce has taken this approach in prior circumvention inquiries, where the facts warranted initiation on a country-wide basis. 7

Consistent with the approach in the prior circumvention inquiries that were initiated on a country-wide basis, Commerce intends to solicit information from certain companies in the third countries concerning their production of aluminum containers and their shipments thereof to the United States.

Commerce intends to base respondent selection on U.S. Customs and Border Protection (CBP) data. Commerce intends to place the CBP data on each record within five days of the publication of this initiation notice, which will be available on Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. Comments regarding the CBP data and respondent selection should be submitted within seven days after placement of the CBP data on the record of the relevant inquiry.

Commerce intends to establish a schedule for questionnaire responses after respondent selection. A company's failure to completely respond to Commerce's requests for information may result in the application of facts available, pursuant to section 776(a) of the Act, which may include adverse inferences, pursuant to section 776(b) of the Act.

Pursuant to 19 CFR 351.226(l)(1), Commerce will notify CBP of these initiations and direct CBP to continue the suspension of liquidation of entries of products subject to the circumvention inquiries that were already subject to the suspension of liquidation under the Orders and to apply the cash deposit rates that would be applicable if the products were determined to be covered by the scope of the Orders.

Should Commerce issue affirmative preliminary or final circumvention determinations, Commerce will follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)-(4). In the event that Commerce issues affirmative preliminary or final circumvention determinations that the products are circumventing the Orders, Commerce will instruct CBP to continue the suspension of liquidation of previously suspended entries and to apply the applicable cash deposit rate. Commerce will also instruct CBP to begin the suspension of liquidation and application of cash deposits for any unliquidated entries not yet suspended, entered, or withdrawn from warehouse, for consumption, on or after the date of publication of the notice of initiation of the circumvention inquiries pursuant to paragraphs (l)(2)(ii) and (l)(3)(ii). In addition, pursuant to paragraphs (l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce may instruct CBP to begin the suspension of liquidation and application of cash deposits for any unliquidated entries not yet suspended, entered, or withdrawn from warehouse, for consumption, prior to the date of initiation of the circumvention inquiries, but not for such entries prior to November 4, 2021, the effective date of these provisions in the Final Rule. 8 These rules will not affect CBP's authority to take any additional action with respect to the suspension of liquidation or related measures for these entries, as stated in 19 CFR 351.226(l)(5).

In accordance with 19 CFR 351.226(d) and section 781(b) of the Act, Commerce determines that the requesters' requests for circumvention inquiries satisfy the requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying all interested parties of the initiation of the circumvention inquiries to determine whether aluminum containers from China, which are completed in and exported from the third countries using aluminum foil manufactured in China, are circumventing the Orders. In addition, we have included a description of the products that are the subject to the inquiries and an explanation of Commerce's decision to initiate the inquiries as provided in the accompanying Circumvention Initiation Checklists. 9

In accordance with 19 CFR 351.226(e)(1), unless the circumvention inquiries are rescinded, in whole or in part, or extended, Commerce intends to issue its preliminary circumvention determinations no later than 150 days from the date of publication of the notices of initiation of these circumvention inquiries in the Federal Register . Furthermore, in accordance with section 781(f) of the Act and 19 CFR 351.226(e)(2), unless the circumvention inquiries are rescinded, in whole or in part, or extended, Commerce intends to issue its final determinations within 300 days from the date of publication of the notice of initiation of the circumvention inquiries in the Federal Register .

This notice is published in accordance with section 781(b) of the Act, and 19 CFR 351.226(d)(1)(iii).

On March 3, 2016, Commerce published in the Federal Register the AD order on uncoated paper from Portugal. 1 On May 8, 2024, Commerce initiated an administrative review of the Order, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). 2 This review covers one producer/exporter of subject merchandise, Navigator.

On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 3 On November 13, 2024, Commerce extended the time limit for completing the preliminary results of this review until April 7, 2025. 4 On December 9, 2024, Commerce tolled deadlines for certain administrative proceedings by 90 days and thus extended the time limit for completing the preliminary results of this review until July 7, 2025. 5 For details regarding the events that occurred subsequent to the initiation of the review, see the Preliminary Decision Memorandum. 6

The products covered by the Order are certain uncoated paper products from Portugal. For a complete description of the scope, see the Preliminary Decision Memorandum.

Commerce is conducting this review in accordance with section 751(a) of the Act. We calculated constructed export price in accordance with section 772 of the Act. We calculated normal value in accordance with section 773 of the Act.

For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

We preliminarily determine that the following weighted-average dumping margin exists for the period March 1, 2023, through February 29, 2024:

We intend to disclose the calculations performed to parties within five days after public announcement of the preliminary results or, if there is no public announcement, within five days of the date of publication of this notice. 7

On August 14, 2024, the petitioner requested that Commerce conduct verification of Navigator in this review. 8 Accordingly, as provided in section 782(i)(3) of the Act, Commerce intends to verify certain information relied upon in making its final results of review.

Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs to Commerce no later than seven days after the date on which the verification report is issued in this administrative review. 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. 9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 10

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. 11 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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 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). 12

Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary, filed electronically via ACCESS. 13 Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. 14 If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00 p.m. Eastern Time within 30 days after the publication of this notice.

Upon completion of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If Navigator's weighted-average dumping margin is not zero or de minimis ( i.e., less than 0.5 percent) in the final results of this review, we will calculate importer-specific ad valorem antidumping duty 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 in accordance with 19 CFR 351.212(b)(1). If Navigator's weighted-average dumping margin is zero or de minimis in the final results of review, or if an importer-specific assessment rate is zero or de minimis, 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 the final results of this review and for future deposits of estimated duties, where applicable. 15

In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by Navigator for which it 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 ( i.e., 7.80 percent)  16 if there is no rate for the intermediate company(ies) involved in the transaction. 17

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 Federal Register . 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 ( i.e., within 90 days of publication).

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 finals results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Navigator in the final results of review will be equal to the weighted-average dumping margin established in the final results of this administrative review except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior 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 in which they were reviewed; (3) if the exporter is not a firm covered in this review or 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; (4) the cash deposit rate for all other producers or exporters will continue to be 7.80 percent, 18 the all-others rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice.

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, not 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).

This notice also 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 doubled antidumping duties.

This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4).

On May 16, 2022, Commerce published the antidumping duty (AD) order on organic soybean meal from India. 1 Between May 28 and May 31, 2024, Commerce received requests for an administrative review from Perdue Agribusiness LLC (Perdue), a domestic interested party, and the Organic Soybean Processors of America and its individual members, American Natural Processors, LLC; Professional Proteins, Ltd.; Simmons Grain Company; Sheppard Grain Enterprises LLC; Super Soy, LLC; and Tri-State Crush LLC (collectively, the petitioners). 2 Based on these timely requests for review, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated this administrative review of the Order. 3

On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 4 On December 9, 2024, Commerce further tolled certain deadlines by an additional 90 days. 5 On April 28, 2025, Commerce extended the deadline for these preliminary results until no later than July 7, 2025. 6 For a complete description of the events that followed after the initiation of this review, see the Preliminary Determination Memorandum. 7

The product covered by the Order is certified organic soybean meal. For a full description of the scope of the order, see the Preliminary Decision Memorandum.

Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation in the Federal Register . Interested parties timely withdrew requests for review for all companies except for Tejawat Organic Foods (Tejawat) and Vinod Kumar Ranjeet Singh Bafna (Vinod). 8 Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this administrative review of the Order with respect to all companies listed in Appendix II.

Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of an AD order where it determines that there were no suspended entries of subject merchandise during the POR. Thus, normally, upon completion of an administrative review, suspended entries of subject merchandise are liquidated at the AD assessment rate calculated for the review period. 9 Therefore, for an administrative review to be conducted, there must be a suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the calculated AD assessment rate for the review period. 10 Commerce may rescind an administrative review if it concludes that, during the period covered by the review, there were no entries, exports, or sales of subject merchandise, as the case may be. 11

The entry data that Commerce obtained from CBP showed no suspended entries of subject merchandise from Vinod. On October 9, 2024, Commerce notified interested parties of our intent to rescind this administrative review with respect to Vinod. 12 No interested party commented on our intent to rescind this administrative review with respect to Vinod. Therefore, in the absence of any suspended entries of subject merchandise during the POR from Vinod, Commerce is rescinding this administrative review with respect to Vinod, in accordance with 19 CFR 351.213(d)(3) and (4).

Commerce is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Because Commerce preliminarily finds that Tejawat failed to cooperate to the best of its ability in responding to our requests for information, Commerce relied on facts available, with adverse inferences (AFA), in determining this company's dumping margin, consistent with section 776 of the Act.

For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as Appendix I of this notice.

Commerce preliminarily determines the following weighted-average dumping margin exists for the period May 1, 2023, through April 30, 2024:

Normally, Commerce discloses to interested parties the calculations performed in connection with preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary results in the Federal Register , in accordance with 19 CFR 351.224(b). However, because Commerce preliminarily applied AFA to the individually examined company, Tejawat, in accordance with section 776(a) and (b) of the Act, there are no calculations to disclose. 13

On March 3, 2022, Commerce published in the Federal Register the countervailing duty order on R-125 from China. 1 On March 1, 2024, Commerce published a notice of opportunity to request an administrative review of the Order, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). 2 On May, 8, 2024, based on timely requests for review, Commerce initiated an administrative review of the Order. 3 On June 11, 2024, Commerce issued the questionnaire to the Government of China to forward to Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei) and Zhejiang Yonghe Refrigerant Co., Ltd. (Yonghe), the only two respondents under review. 4 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 5 On November 14, 2024, Commerce extended the deadline for these preliminary results to April 7, 2024. 6 On December 9, 2024, Commerce tolled the deadline to issue the preliminary results in this administrative review by 90 days. 7 The deadline for the preliminary results is now July 7, 2025.

For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 8 A list of topics included in the Preliminary Decision Memorandum is provided as the 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 https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

The product covered by the Order is R-125 from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.

Commerce is conducting this administrative review in accordance with 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. 9 For a full description of the methodology underlying our conclusions, including our reliance, in part, on facts otherwise available with adverse inferences pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.

Commerce preliminarily determines that the following net countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:

Commerce intends to disclose its calculations and analysis performed to interested parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 21 days after the date of the publication of this notice. 12 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. 13 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 14 All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.

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. 15 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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 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). 16

Pursuant to 19 CFR 351.310(c), 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 by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. 17

Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by 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 Federal Register . 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 ( i.e., within 90 days of publication).

Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount indicated above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice.

Unless the deadline is extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised by interested parties in the written comments, within 120 days after the date of publication of these preliminary results in the Federal Register .

We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

On October 9, 2024, Commerce published the Preliminary Results of this administrative review in the Federal Register and invited comments from interested parties. 1 On December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding by 90 days. 2 On April 15, 2025, we extended the final results by 60 days. 3 Accordingly, the deadline for the final results is now July 7, 2025.

For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum. 4 Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).

The products covered by the Order are OCTG from Türkiye. For a full description of the scope of the order, see the Issues and Decision Memorandum.

All issues raised by interested parties in case briefs are addressed in the Issues and Decision Memorandum. 5 The topics discussed and the issues raised by parties to which we responded in the Issues and Decision Memorandum are listed in the 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Based on our analysis of comments received from interested parties, we made changes to the net countervailable subsidy rates for Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Çayirova Boru Sanayi ve Ticaret A.Ş. For a discussion of these changes, see the Issues and Decision Memorandum.

Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. 6 For a full description of the methodology underlying all of Commerce's conclusions, see the Issues and Decision Memorandum.

Commerce determined the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022:

Commerce intends to disclose the calculations and analysis performed for these final results of review within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after publication of the final results of this review in the Federal Register . 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 ( i.e., within 90 days of publication).

In accordance with section 751(a)(1) and (a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown above for the companies listed above for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 violation subject to sanction.

These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

On May 8, 2024, Commerce published the initiation of this administrative review of the countervailing duty order on OTR tires from India. 1 Commerce selected ATC Tires Pvt. Ltd., (ATC) and Balkrishna Industries India Ltd. (BKT) as the mandatory respondents in this administrative review. 2 On November 27, 2024, Commerce extended the deadline for the preliminary results by 120 days in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). 3 Additionally, on December 9, 2024, Commerce tolled the deadline to issue the preliminary results in this review by 90 days. 4 The deadline for the preliminary results of this administrative review is now July 7, 2025.

For a complete description of the events that followed the initiation of the review, see the Preliminary Decision Memorandum. 5 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I 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 System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.

The merchandise covered by the order is OTR tires. OTR tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type or tubeless, radial, or non-radial, regardless of whether for original equipment manufacturers or the replacement market. For a complete description of the scope of this order, see the Preliminary Decision Memorandum.

Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs preliminarily found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution from an authority that gives rise to a benefit to the recipient and that the subsidy is specific. 7 For a full description of the methodology underlying Commerce's preliminary conclusions, including Commerce's reliance on facts available pursuant to section 776(a) of the Act, see the Preliminary Decision Memorandum.

The Act and Commerce's regulations do not directly address the subsidy rate to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 777A(e)(2) of the Act provides that “the individual countervailable subsidy rates determined under subparagraph (A) shall be used to determine the all-others rate under section 705(c)(5) {of the Act}.” Section 705(c)(5)(A) of the Act states that for companies not investigated, in general, we will determine an all-others rate by weight averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and de minimis rates or any rates based solely on the facts available.

Accordingly, to determine the rate for companies not selected for individual examination, Commerce's practice is to weight average the net subsidy rates for the selected mandatory respondents, excluding rates that are zero, de minimis, or based entirely on facts available. 8 We preliminarily determine that ATC and BKT received countervailable subsidies that are above de minimis and are not based entirely on facts available. Accordingly, for these preliminarily results, we are applying a simple average of the subsidy rates calculated for ATC and BKT because we do not have public ranged data on the record at this time. 9 However, Commerce intends to solicit this information for use in the final results. The companies for which a review was requested, which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent, are listed in Appendix II.

As a result of this review, Commerce preliminarily determines the net countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:

Commerce intends to disclose its calculations and analysis performed to interested parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce no later than 21 days after the date of the publication of this notice. 12 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. 13 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 14

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. 15 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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 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). 16

Pursuant to 19 CFR 351.310(c), 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. Hearing 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 the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time, within 30 days of the publication date of this notice. If a request for a hearing is made, parties will be notified of the time and date of the hearing. 17

In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily assigned a subsidy rate in the amount for the producers/exporters shown above. Upon issuance of the final results, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by 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 Federal Register .

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 ( i.e., within 90 days of publication).

In accordance with section 751(a)(2)(C) of the Act, Commerce also intends upon publication of the final results, to instruct CBP to collect cash deposits of the estimated countervailing duties in the amounts calculated in the final results of this review for the respective companies listed above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. If the rate calculated in the final results is zero or de minimis, no cash deposit will be required on shipments of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review.

For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

Unless the deadline is extended, Commerce intends to issue the final results of this administrative review, which will include the results of Commerce's analysis of the issues raised in the case briefs, within 120 days after the date of the preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4).

On May 6, 2025, Commerce published in the Federal Register the Preliminary Results of the 2023 administrative review of the countervailing duty order on PVLT tries from China, and invited comments from interested parties. 1 Because no interested parties submitted comments, we have made no changes, and adopted the Preliminary Results as the final results of this administrative review. Accordingly, no decision memorandum accompanies this Federal Register notice. Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).

The product covered by the Order is PVLT tires from China. For a complete description of the scope of the order, see the Preliminary Results PDM.

Commerce determines that the following net countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:

Normally, Commerce discloses to interested parties the calculations of the final results of an administrative review within five days of a public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final results in the Federal Register , in accordance with 19 CFR 351.224(b). However, because we have made no changes from the Preliminary Results, there are no calculations to disclose.

Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and CBP shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates listed. 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 Federal Register . 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 ( i.e., within 90 days of publication).

Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to instruct Customs and Border Protection (CBP) to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. These cash deposit instructions, when imposed, shall remain in effect until further notice.

This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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.

Commerce is issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h) and 19 CFR 351.221(b)(5).

On March 3, 2022, Commerce published in the Federal Register the antidumping duty order on R-125 from China. 1 On March 1, 2024, Commerce published a notice of opportunity to request an administrative review of the Order, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). 2 On May 8, 2024, based on timely requests for review from Shandong Dongyue Chemical Co. Ltd. (Dongyue), Zhejiang Sanmei Chemical Ind. Co. Ltd. (Sanmei), Zhejiang Yonghe Refrigerant Co., Ltd (Yonghe), 3 and Honeywell, Inc. (the petitioner), Commerce initiated an administrative review of the Order covering three companies, 4 including the mandatory respondent, Sanmei. On July 22, 2024, Commerce tolled certain deadlines in this proceeding by seven days. 5 On December 3, 2024, Commerce extended the deadline for these preliminary results to April 7, 2025. 6 On December 9, 2024, Commerce tolled the deadline to issue the preliminary results in this administrative review by 90 days. 7 The deadline for the preliminary results is now July 7, 2025.

For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 8 A list of topics included in the Preliminary Decision Memorandum is provided as the 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 https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

The merchandise subject to the Order is R-125 from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.

Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended. 9 Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period. 10 Therefore, to conduct an administrative review of a company, there must be a suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the antidumping duty assessment rate calculated for the POR. 11

On March 11, 2025, we notified parties of our intent to rescind this administrative review, in part, with respect to Dongyue because there were no suspended entries of subject merchandise produced or exported by Dongyue during the POR. We invited interested parties to comment. 12 No parties commented on our intent to rescind the review, in part. In the absence of suspended entries of subject merchandise from this company during the POR, we are rescinding, in part, the administrative review for Dongyue, in accordance with 19 CFR 351.213(d)(3).

In the Initiation Notice, we informed parties that all firms for which a non-market economy review was initiated that wished to qualify for separate rate status must complete, as appropriate, either a separate rate application or a separate rate certification. 13 Commerce preliminarily determines that Sanmei is eligible to receive a separate rate. Commerce also preliminarily determines that, after failing to submit a separate rate certification, Yonghe is no longer eligible to receive a separate rate and is therefore considered part of the China-wide entity.

Because Yonghe did not file a separate rate certification in this proceeding, it is ineligible for a separate rate and we are unable to select it for individual examination. 14 Accordingly, Commerce finds that Yonghe has not established eligibility for a separate rate and is considered to be part of the China-wide entity for these preliminary results.

Under Commerce's policy regarding the conditional review of the China-wide entity, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. 15 Because no party requested a review of the China-wide entity in this review, the entity is not under review, and the entity's rate ( i.e., 267.51 percent) is not subject to change. 16

On December 20, 2024, Commerce published the Preliminary Determination in the Federal Register and invited interested parties to comment. 1 On February 6, 2025, Commerce issued a post-preliminary analysis. 2

For a complete discussion of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 3 The Issues and Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

The merchandise covered by the scope of this investigation is tungsten shot from China. For a complete description of the scope of this investigation, see Appendix I.

We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation.

As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in February 2025, Commerce verified the information reported by the Zhuzhou KJ Super Materials Co., Ltd. (KJ Super) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting records and original source documents provided at verification. 4

The subsidy programs under investigation and the issues raised in the case and rebuttal briefs that were submitted by interested parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II to this notice.

Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. 5 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.

In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available (AFA), see the Preliminary Determination   6 and the Issues and Decision Memorandum at the section entitled “Uses of Facts Available and Application of Adverse Inferences.”

Based on our review and analysis of the information at verification, we made changes to the tariff rate used to calculate the benchmark prices for the provision of tungsten for less than adequate remuneration program and the inland freight expenses included in the benchmark prices for tungsten. Furthermore, we revised the calculation of AFA rate to reflect changes to KJ Super's program rates, to incorporate the four programs assessed in the Post-Preliminary Analysis, and to correct certain rates selected under Commerce's AFA hierarchy. 7 For a discussion of these changes, see the Issues and Decision Memorandum.

Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, Commerce will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act.

Commerce calculated an individual estimated countervailable subsidy rate for KJ Super, the only individually examined exporter/producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average rate calculated for KJ Super is the rate assigned to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

Commerce determines that the following estimated countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:

Commerce intends to disclose its calculations performed to interested parties in this final determination within five days of its public announcement or, if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise from China that were entered, or withdrawn from warehouse, for consumption, on or after December 20, 2024, the date of the publication of the Preliminary Determination in the Federal Register . 8 In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after April 19, 2025 but to continue the suspension of liquidation of all entries of subject merchandise on or before April 18, 2025.

If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty (CVD) order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated above. Pursuant to section 705(c)(2) of the Act, if the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or cancelled.

In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of tungsten shot from China. As Commerce's final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of import of tungsten shot from China. In addition, we are making available to the ITC all non-privileged and non-proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.

If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section.

This notice will serve as the final reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). 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 violation which is subject to sanction.

This determination is issued and published in accordance with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

Background

On March 6, 2017, Commerce published in the Federal Register the antidumping duty (AD) order on certain new pneumatic off-the-road tires (OTR tires) from India. 1 On May 8, 2024, based on timely requests for review, Commerce initiated an administrative review of the Order covering 26 companies. 2 On November 18, 2024, Commerce extended the time limit for these preliminary results to April 7, 2025. 3 On December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding by 90 days. 4 Accordingly, the deadline for the final results is now July 7, 2025. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 5

The merchandise covered by the scope of the Order is OTR tires from India. For a full description of the scope of the Order, see the Preliminary Decision Memorandum.

Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of an AD order where it concludes that there were no suspended entries of subject merchandise during the POR. 6 Normally, upon completion of an administrative review, the suspended entries are liquidated at the AD assessment rate for the review period. 7 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the calculated AD assessment rate for the review period. 8 On August 13, 2024, we notified parties of our intent to rescind this review regarding the companies listed in Appendix III because there were no reviewable, suspended entries of subject merchandise from these companies during the POR and invited interested parties to comment. 9 No parties commented on our intent to rescind the review, in part. In the absence of any suspended entries of subject merchandise from these companies during the POR, we are rescinding this administrative review for the companies listed in Appendix III, in accordance with 19 CFR 351.213(d)(3).

Commerce is conducting this review in accordance with section 751(a) of the Act. We calculated export price and constructed export price in accordance with section 772 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, see the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is attached as Appendix I. The Preliminary Decision Memorandum is a public document and is available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

The statute and Commerce's regulations do not address the 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 less-than-fair-value (LTFV) 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 or de minimis margins, and any margins determined entirely {on the basis of facts available}.”

We preliminarily calculated a de minimis dumping margin for one of the two mandatory respondents, Asian Tire Factory Ltd. and Lyallpur Rubber Mills (collectively, ATF). Therefore, we have preliminarily assigned a dumping margin to the companies not selected for individual examination in this review  10 based on the rate calculated for the other mandatory respondent, ATC Tires Private Limited and ATC Tires AP Private Ltd. (collectively, ATC).

As a result of this review, we preliminarily determine the following weighted-average dumping margins exist for the period March 1, 2023, through February 29, 2024:

On June 18, 2025, Briggs & Stratton, a domestic interested party, requested that Commerce initiate a circumvention inquiry to determine whether two models of vertical shaft engines produced in China by Chongqing Zongshen General Power Machine Co., Ltd. (Zongshen) are circumventing the AD and CVD orders  1 on small vertical engines from China. 2 Briggs & Stratton alleges that these two models were developed after the initiation of the original AD/CVD investigations of small vertical engines from China specifically to fall outside the scope of the Orders and, as such, constitute later-developed merchandise. Thus, they argue, these two models should be included within the scope of the Orders, pursuant to section 781(d) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226(k).

The merchandise subject to the Orders are small vertical engines from China. For a complete description of the scope of the Orders, see Appendix II of this notice.

The two models that Briggs & Stratton alleges are circumventing the order are engine models 5C65M0 and BC70M0 produced by Zongshen. Briggs & Stratton acknowledges that these two models are currently excluded from the scope of the Orders as falling under the “Commercial” or “Heavy Commercial” scope exclusion. Commerce intends to consider whether the inquiry should apply to all imports of small commercial vertical shaft engines, lacking certain commercial engine features or including certain residential engine features, regardless of producer, exporter, or importer, from China.

Section 351.226(d) of Commerce's regulations states that if Commerce determines that a request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c), then Commerce “will accept the request and initiate a circumvention inquiry.” Section 351.226(c)(1) of Commerce's regulations, in turn, requires that each request for a circumvention inquiry allege “that the elements necessary for a circumvention determination under section 781 of the Act exist” and be “accompanied by information reasonably available to the interested party supporting these allegations.” Briggs & Stratton alleges circumvention pursuant to section 781(d) of the Act (merchandise developed after an investigation is initiated).

Section 351.226(m)(2) of Commerce's regulations states, for companion AD and CVD duty proceedings, that “the Secretary will initiate and conduct a single inquiry with respect to the product at issue for both orders only on the record of the antidumping duty proceeding.” Further, once “the Secretary issues a final circumvention determination on the record of the antidumping duty proceeding, the Secretary will include on the record of the countervailing duty proceeding copies of the final circumvention determination memoranda, the final circumvention determination Federal Register notice, the preliminary circumvention determination memoranda, the preliminary circumvention determination Federal Register notice, and all relevant instructions to U.S. Customs and Border Protection.” Accordingly, once Commerce concludes this circumvention inquiry, Commerce intends to place its final circumvention determination on the record of the companion CVD proceeding.

Section 781(d) of the Act provides that Commerce may find circumvention of an AD or CVD order when merchandise is developed after an investigation is initiated. In conducting a later-developed merchandise inquiry under section 781(d)(1) of the Act and 19 CFR 351.226(k), Commerce will consider whether: (1) The later-developed merchandise has the same general physical characteristics as the merchandise with respect to which the order was originally issued; (2) the expectations of the ultimate purchasers of the later-developed merchandise are the same as for the earlier product; (3) the ultimate use of the earlier product and the later-developed merchandise are the same; (4) the later-developed merchandise is sold through the same channels of trade as the earlier product; and (5) the later-developed merchandise is advertised and displayed in a manner similar to the earlier product. 3 First, however, Commerce determines whether the merchandise subject to the inquiry was commercially available at the time of the initiation of the underlying AD or CVD investigation ( i.e., the product was present in the commercial market or the product was tested and ready for commercial production). 4

After analyzing the record evidence and Briggs & Stratton's allegation, we determine that there is sufficient information to warrant initiation of a circumvention inquiry based on the allegation: Later-developed merchandise, pursuant to section 781(d) of the Act and 19 CFR 351.226(k). For a full discussion of the basis for our decision to initiate a circumvention inquiry regarding the later-developed merchandise allegations, see the Initiation Decision Memorandum. 5 The Initiation 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 https://access.trade.gov. In addition, a complete version of the Initiation Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics discussed in the Initiation Decision Memorandum is included as Appendix I of this notice.

Pursuant to 19 CFR 351.226(l)(1), Commerce will notify U.S. Customs and Border Protection (CBP) of the initiation of this circumvention inquiry and direct CBP to continue the suspension of liquidation of entries of products subject to the circumvention inquiry that were already subject to the suspension of liquidation under the Orders and to apply the cash deposit rate that would be applicable if the product was determined to be covered by the scope of the Orders. Should Commerce issue preliminary or final circumvention determinations, Commerce will follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)-(4).

In accordance with 19 CFR 351.226(d) and section 781(d) of the Act, Commerce determines that Briggs & Stratton's request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying all interested parties of the initiation of this circumvention inquiry to determine whether certain vertical shaft engines between 99cc and 225cc, such as Zongshen's engine models 5C65M0 and BC70M0, currently excluded from the scope of the Orders as falling under the “Commercial” or “Heavy Commercial” scope exclusion, produced in and exported from China circumvent the Orders. In addition, we have included a description of the products that are the subject to this inquiry and an explanation of Commerce's decision to initiate this inquiry in the accompanying Initiation Decision Memorandum. In accordance with 19 CFR 351.226(e)(1), Commerce intends to issue its preliminary circumvention determination no later than 150 days from the date of publication of the notice of initiation of this circumvention inquiry in the Federal Register .

This notice is issued and published in accordance with section 781(d) of the Act, and 19 CFR 351.226(d)(1)(ii).

This request is for an extension of a currently approved information collection. Under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq. ), NOAA's National Marine Fisheries Service (NMFS) is responsible for management of the nation's marine fisheries. Catch reporting from recreational and commercial handgear fisheries provides important data used to monitor catches of Atlantic highly migratory species (HMS) and supplements other existing data collection programs. Data collected through this program is used for both domestic and international fisheries management and stock assessment purposes.

Atlantic bluefin tuna (BFT) catch reporting provides real-time catch information used to monitor the BFT fishery. Under the Atlantic Tunas Convention Act of 1975 (ATCA, 16 U.S.C. 971), the United States is required to adopt regulations, as necessary and appropriate, to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), including recommendations on a specified BFT quota. BFT catch reporting helps the U.S. monitor this quota and associated subquotas and supports scientific research consistent with ATCA and the Magnuson-Stevens Fishery Conservation and Management Act. Recreational anglers and commercial handgear fishermen are required to report specific information regarding their catch of BFT.

Atlantic billfish and swordfish are managed internationally by ICCAT and nationally under ATCA and the Magnuson-Stevens Act. This collection provides information needed to monitor the recreational catch of Atlantic blue and white marlin, which is applied to the recreational limit established by ICCAT, and the recreational catch of North Atlantic swordfish, which is applied to the U.S. quota established by ICCAT. This collection also provides information on recreational landings of West Atlantic sailfish, which is unavailable from other established monitoring programs. Collection of sailfish catch information is authorized under the Magnuson-Stevens Act for purposes of stock management.

Respondents reporting BFT, Atlantic blue or white marlin, West Atlantic sailfish, or North Atlantic swordfish catch in states (and the United States Virgin Islands and Puerto Rico) other than Maryland may use either an internet website, mobile smartphone app, or a toll-free telephone number. In Maryland, a paper reporting system is used for all of the aforementioned species. Under state law, respondents in Maryland must submit a landing card at a state-operated reporting station. States that participate in a landing card program must submit weekly reports and one annual report to NMFS to summarize landings and results to date. The State of North Carolina previously maintained a paper-based landings reporting system for these species, but discontinued their program effective April 1, 2025, at which time fishermen within the state shifted to reporting via one of the reporting systems listed above provided by NMFS.

OMB Control Number: 0648-0328.

Form Number(s): None.

Type of Review: Regular submission [extension of a current information collection].

Affected Public: Businesses or other for-profit organizations; individuals or households; and State, Local, or Tribal government.

Estimated Number of Respondents: 13,709.

Estimated Time per Response: 5 minutes for an initial call-in, internet, or smartphone app report; 5 minutes for confirmation call; 10 minutes for a landing card; 1 hour for a weekly state report; and 4 hours for an annual state report.

Estimated Total Annual Burden Hours: 1,504.

Estimated Total Annual Cost to Public: $0.

Respondent's Obligation: Mandatory.

Legal Authority: Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq. ), and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq. )

We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this Information Collection Review (ICR). Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

The MMPA prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq. ) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as “mitigation”); and requirements pertaining to the monitoring and reporting of the takings.

NMFS has defined “negligible impact” in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

The MMPA states that the term “take” means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal.

The National Defense Authorization Act (NDAA) for Fiscal Year 2004 (Pub. L. 108-136) amended section 101(a)(5) of the MMPA to remove the “small numbers” and “specified geographical region” provisions and amended the definition of “harassment” as applied to a “military readiness activity” to read as follows (section 3(18)(B) of the MMPA): (i) Any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild (Level A Harassment); or (ii) Any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered (Level B Harassment). On August 13, 2018, the NDAA for Fiscal Year 2019 (Pub. L. 115-232) amended the MMPA to allow incidental take regulations for military readiness activities to be issued for up to 7 years.

On April 6, 2025, NMFS received an application from the Navy requesting authorization to take marine mammals, by Level A and Level B harassment, incidental to training and testing (characterized as military readiness activities) using SURTASS LFA sonar in the in the western and central North Pacific Ocean and eastern Indian Ocean. In response to our comments and following information exchange, the Navy submitted a final revised application that we determined was adequate and complete on July 1, 2025. The Navy requested the regulations and subsequent LOA be valid for 7 years beginning in August 2026.

This will be the fifth time NMFS has promulgated incidental take regulations pursuant to the MMPA relating to similar military readiness activities using SURTASS LFA, following those effective from August 15, 2002 through August 15, 2007 (67 FR 46712, July 16, 2002), from August 16, 2007 through August 15, 2012 (72 FR 46846, August 21, 2007), from August 15, 2012 through August 15, 2017 (77 FR 50290, August 20, 2012), and from August 12, 2019 through August 11, 2026 (84 FR 40132, August 13, 2019). Of note, on August 10, 2017, the Secretary of Defense, after conferring with the Secretary of Commerce, determined that it was necessary for the national defense to exempt all military readiness activities that use SURTASS LFA sonar from compliance with the requirements of the MMPA for 2 years from August 13, 2017 through August 12, 2019, or until such time when NMFS issues regulations and a LOA under Title 16, Section 1371 for military readiness activities associated with the use of SURTASS LFA sonar, whichever is earlier.

The Navy proposes to continue utilizing SURTASS LFA sonar systems onboard Ocean Surveillance Ships (hereafter T-AGOS) for training and testing conducted under the authority of the Secretary of the Navy in the western and central North Pacific and eastern Indian oceans. Please refer to figure 2-1 of the application for a map of the Study Area. The Navy currently has four T-AGOS surveillance ships equipped with SURTASS LFA sonar systems and may develop and field additional SURTASS LFA sonar equipped vessels, either to replace or complement the Navy's current SURTASS LFA sonar capable fleet.

The Navy is proposing to use 1,100 hours of SURTASS LFA sonar per year. The analysis for the current SURTASS LFA incidental take regulations (84 FR 40132, August 13, 2019) analyzed the use of 592 hours. The change from 592 to 1,100 hours does not reflect new or additional training requirements. Instead, it is the result of a change in how the Navy counts an “hour” of transmission. Previously, SURTASS LFA sonar hours were calculated by adding the portions of time a sonar emits sound during its duty cycle (ratio of time the signal is on compared to off), whereas other Navy sonar systems, such as mid-frequency and high-frequency active sonar, report hours based on “duration” time (total time the source is active, including silent periods between pings). To bring SURTASS LFA sonar in line with these other systems, the Navy developed a conversion method that considers various factors including LFA sonar pings, wave trains, and other classified considerations. As a result, the 1,100 hours of annual SURTASS LFA training proposed are equivalent to the 592 hours under the previous counting method. The SURTASS LFA sonar transmission hours, which are classified as military readiness activities pursuant to the section 315(f) of Public Law 101-314 (16 U.S.C. 703), represent a distribution across three activities that include:

• Training ( i.e., contractor crew proficiency training, military crew proficiency training, active training);

• Maintenance and upgrades ( i.e., equipment maintenance checks and performance evaluations); and

• Exercises ( e.g., Valiant Shield, Rim of the Pacific (RIMPAC)).

The application includes proposed mitigation measures for marine mammals that would be implemented during SURTASS LFA sonar training and testing activities (see section 11 of the application). Proposed activity-based mitigation would generally involve: the use of one or more trained Lookouts, as well as passive acoustics and active acoustics, to detect specific biological resources within a mitigation zone, as well as requirements to implement mitigation ( e.g., halt an activity). Mitigation measures are also proposed for specific geographic mitigation areas and consist of a variety of measures including: limiting received levels of sound within a fixed distance from any emergent land (12 nautical miles (nmi; 22 kilometer (km)) and offshore biologically important areas (OBIAs; 0.54 nmi (1 km)), and restricting the amount of SURTASS LFA sonar activities conducted within or near OBIAs in a given year.

The Navy also proposes to undertake monitoring and reporting efforts to better understand the impacts of their activities on marine mammals and their habitat.

Interested persons may submit information, suggestions, and comments concerning the Navy's request (see ADDRESSES ). NMFS will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by the Navy, if appropriate.

The MMPA prohibits the “take” of marine mammals, with certain exceptions. Among the exceptions is section 101(a)(5)(D) of the MMPA (16 U.S.C. 1361 et seq. ), which directs the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking by harassment of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made, and the public has an opportunity to comment on the proposed IHA.

Specifically, NMFS will issue an IHA if it determines that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where applicable). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least [practicable] adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to here as “mitigation”). NMFS must also prescribe requirements for monitoring and reporting of such takings. The definitions of key terms, such as “take,” “harassment,” and “negligible impact,” can be found in the MMPA and the NMFS' implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).

On April 16, 2025, a notice of NMFS' proposal to issue an IHA to the COK for take of marine mammals incidental to the Berth III Mooring Dolphins Project in the Port of Ketchikan in the Tongass Narrows, Alaska, was published in the Federal Register (90 FR 15957). In that notice, NMFS provided the estimated numbers, type, and methods of incidental take proposed for each species or stock, as well as the mitigation, monitoring, and reporting measures that would be required should the IHA be issued. The Federal Register notice also included analysis to support NMFS' preliminary conclusions and determinations that the IHA, if issued, would satisfy the requirements of section 101(a)(5)(D) of the MMPA for issuance of the IHA. The Federal Register notice included web links to a draft IHA for review, as well as other supporting documents.

No substantive comments were received during the public comment period. Except for the relatively minor changes described below, and upon which we provide a comparison table that includes the original proposed authorized take compared to the updated final authorized take (table 1), an updated authorized take by Level A and Level B harassment and as a percentage of stock abundance table (table 2), and a table with the updated shutdown and monitoring zones (table 3), there are no changes to the specified activity, the species taken, the type or methods of take, or the mitigation, monitoring, or reporting measures in the proposed IHA notice. No new information has become available that would substantively change any of the preliminary analyses, conclusions, or determinations in the proposed IHA. Therefore, the preliminary analyses, conclusions, and determinations included in the proposed IHA are considered final.

Upon close inspection of the proposed Federal Register notice, we identified either relatively minor numerical errors that were carried over from the application ( e.g., numbers were transposed in a table) or systematic calculation errors. Numerical errors carried over from the application included the following:

(a) In table 5 (Proxy Sound Source Levels for Pile Sizes and Driving Methods) of the proposed IHA (90 FR 15957, April 16, 2025), the cumulative sound source level at 10 meters (m) for impact installation of 48-inch piles (1.22 m) used 179 decibels (dB) sound exposure level (SEL) (referenced to 1 micropascal squared per second (re 1µPa 2 sec) instead of 180 dB SEL re 1µPa 2 sec. Additionally, the sound source level at 10 m for the installation of down-the-hole (DTH) anchors (12-inch (0.30 m)) was specified as 146 dB re 1µPa peak and 172 dB re 1µPa 2 sec SEL, instead of the inverse (172 dB re 1µPa peak and 146 dB re 1µPa 2 sec SEL).

(b) In table 6 (User Spreadsheet Input Parameters Used for Calculating Level A Harassment Isopleths) of the proposed IHA (90 FR 15957, April 16, 2025), a strike per second or strike rate of 5.8 was used instead of 8.5 for DTH sockets (30-inch (0.76 m), 36-inch (0.91 m), and 48-inch). For DTH anchors (12-inch), a strike rate of 5.8 was used instead of 19.2. Additionally, a weighting factor adjustment of 2.5 kilohertz (kHz) was used instead of 2 kHz for DTH anchors (12-inch).

(c) Once we corrected the numerical errors described above, the calculated Level A harassment isopleths for DTH sockets (30-, 36-, and 48-inch) and DTH anchors (12-inch) (table 7 of the proposed IHA (90 FR 15957, April 16, 2025)) were adjusted slightly upwards, i.e., the Level A harassment zones (measured in meters) were marginally expanded outward.

(d) Carrying these revised isopleth calculations forward included updating the calculated ratio of the average Level A isopleth to the average Level B isopleth for each hearing group. For example, the ratio for low-frequency cetaceans increased from 0.100 square kilometers (km 2 ) to 0.124 km 2 . These slightly enlarged isopleth ratios for each functional hearing group resulted in slight upward adjustments to the calculated Level A takes for some species, such as the humpback whale (Hawai'i stock), harbor porpoise, Dall's porpoise, Steller sea lion, and harbor seal (see table 1 below).

(e) In addition to correcting minor numerical errors carried over from the application, we identified an inadvertent systematic error in our calculations. For instance, as discussed in the proposed IHA (90 FR 15957, April 16, 2025), due to the size and frequency of some species, we subjectively adjusted a single Level A take downward to zero. As such, we should have added a single take to the total Level B take; thereby, the total proposed take would have remained the same ( e.g., fin whale, gray whale, killer whale, California sea lion, and northern fur seal). This inadvertent error also applied when we subjectively adjusted a Level A take upwards. For example, as discussed in the proposed IHA (90 FR 15957, April 16, 2025), the calculated take for Pacific white-side dolphins was originally 2 Level A takes; however, we subjectively increased this to 20 Level A takes ( i.e., added 18 Level A takes) to match the average group size of the species. Therefore, we should have subtracted the same amount from the Level B takes ( i.e., subtracted 18 Level B takes). This method would have kept the total proposed take of Pacific white-sided dolphins at 475. We have corrected these errors and provided the updated authorized take (Level A, Level B, and total proposed take) in Table 1, and updated authorized take and “percent of stock” calculations in table 2.

(f) Finally, based on the corrected Level A isopleths, we updated the shutdown zones for the installation of DTH sockets (30-, 36-, and 48-inch) and DTH anchors (12-inch) (see table 3).

The National Marine Fisheries Service (NMFS), Alaska Regional Office, is requesting renewal of the currently approved information collection for the Chinook Salmon Economic Data Report (EDR) Program.

National Marine Fisheries Service (NMFS) manages the Bering Sea pollock fishery under the American Fisheries Act (AFA) (16 U.S.C. 1851). AFA fishing vessels harvest pollock in the Bering Sea pollock fishery using pelagic trawl gear, which consists of large nets towed through the water by the vessel. At times, Chinook salmon and pollock occur in the same locations in the Bering Sea; consequently, Chinook salmon are incidentally caught in the nets as pollock is harvested. This incidental catch is called bycatch and is also called prohibited species catch (PSC).

The Chinook Salmon EDR Program provides NMFS and the North Pacific Fishery Management Council (Council) with data to evaluate the effectiveness of Chinook salmon bycatch management measures for the Bering Sea pollock fishery that were implemented under Amendment 91 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (75 FR 53026, August 30, 2010). The Chinook Salmon EDR requirements were revised in 2023 to remove third party data verification audits and blind formatting of EDR data (88 FR 7586). The Chinook Salmon EDR Program provides information to the analysts and the Council and is intended to evaluate the effectiveness of the Chinook Salmon Incentive Plan Agreement (IPA) (see OMB Control No. 0648-0401). The Chinook Salmon EDR Program is intended to evaluate where, when, and how pollock fishing and salmon bycatch occur and to provide data to study and verify conclusions drawn by industry in the IPA annual reports.

The Chinook Salmon EDR Program is managed primarily by the Alaska Fisheries Science Center, with support from NMFS Alaska Region, and is administered in collaboration with Pacific States Marine Fisheries Commission. The EDR is a mandatory reporting requirement under 50 CFR 679.65 for all entities participating in the AFA Bering Sea (BS) pollock trawl fishery, including vessel masters and businesses that own or lease one or more AFA-permitted vessels active in fishing or processing BS pollock, Western Alaska Community Development Quota groups receiving allocations of BS pollock, and representatives of sector entities receiving allocations of Chinook salmon PSC from NMFS.

The Chinook Salmon EDR Program consists of three separate forms: (1) Chinook PSC Allocation In-season Compensated Transfer Report—Collects transfer and monetary compensation information for Chinook salmon PSC allocations; (2) Vessel Fuel Survey—Collects fuel consumption and average fuel costs; and (3) Vessel Master Survey—Collects vessel master impressions of fishing experiences during the year and of Chinook salmon PSC avoidance efforts. These collections are unchanged since the previous revision in 2023.

The Compensated Transfer Report, Vessel Fuel Survey, and Vessel Master Survey are completed and submitted using the economic data reporting web application on the Pacific States Marine Fisheries Commission website at https://www.psmfc.org//chinookedr/.

OMB Control Number: 0648-0633.

Form Number(s): None.

Type of Review: Regular submission (extension of a current information collection).

Affected Public: Business or other for-profit organizations.

Estimated Number of Respondents: 151.

Estimated Time per Response: Compensated Transfer Report: 40 hours; Vessel Fuel Survey: 4 hours; Vessel Master Survey: 4 hours.

Estimated Total Annual Burden Hours: 640 hours.

Estimated Total Annual Cost to Public: $750 in recordkeeping and reporting costs.

Respondent's Obligation: Mandatory.

Legal Authority: American Fisheries Act (16 U.S.C. 1851); Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq. ).

We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this Information Collection. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

The National Marine Fisheries Services (NMFS), Alaska Regional Office, is requesting extension of the currently approved information collection for the Annual Trawl Catcher/Processor Economic Data Report (the EDR).

The EDR collects economic data for the groundfish trawl fleet established by Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. Amendment 80 primarily allocates several Bering Sea and Aleutian Islands non-pollock trawl groundfish fisheries among fishing sectors, and facilitates the formation of harvesting cooperatives among vessels in the non-American Fisheries Act (non-AFA) Trawl Catcher/Processor Cooperative Program. This program established a limited access privilege program for the non-AFA trawl catcher/processor sector.

Data collected through the EDR includes labor information, revenues received, capital and operational expenses, and other operational or financial data. NMFS and the Council use this to assess the economic effects of Amendment 80 on vessels or entities regulated by the non-AFA Trawl Catcher/Processor Cooperative Program, and impacts of major changes in the groundfish management regime, including allocation of prohibited species catch species and target species to harvesting cooperatives.

The EDR is submitted annually by each person who held an Amendment 80 Quota Share permit or was an owner or leaseholder of an Amendment 80 vessel, or was an owner or leaseholder of a vessel named on a License Limitation Program groundfish license with catcher/processor vessel and trawl gear designations and endorsed for the Gulf of Alaska during a calendar year. The EDR requirements are located at 50 CFR 679.94.

Pacific States Marine Fisheries Commission (PSMFC) has been designated by NMFS as the Data Collection Agent. PSMFC mails EDR announcements and filing instructions to respondents by April 1 of each year. Respondents are encouraged to complete the form online on the PSMFC website at www.psmfc.org/goatrawl/. The EDR is also available as a fillable PDF on the PSFMC website and may be submitted by mail or fax.

OMB Control Number: 0648-0564.

Form Number(s): None.

Type of Review: Regular submission (extension of a current information collection).

Affected Public: Individuals or households; Business or other for-profit organizations.

Estimated Number of Respondents: 22.

Estimated Time per Response: Annual Trawl Catcher/Processor Economic Data Report: 20 hours.

Estimated Total Annual Burden Hours: 440.

Estimated Total Annual Cost to Public: $110 in recordkeeping and reporting costs.

Respondent's Obligation: Mandatory.

Legal Authority: The Magnuson-Stevens Fishery Conservation and Management Act 16 U.S.C. 1801 et seq.

We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this Information Collection. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

Congress enacted the National Environmental Policy Act, 42 U.S.C. 4321-4347, (NEPA) in order to encourage productive and enjoyable harmony between humans and the environment, recognizing the profound impact of human activity and the critical importance of restoring and maintaining environmental quality to the overall welfare of humankind. 42 U.S.C. 4321, 4331. NEPA seeks to ensure that agencies consider the environmental effects of their proposed major actions in their decision-making processes and inform and involve the public in that process.

To comply with NEPA, agencies determine the appropriate level of review of any major federal action—an environmental impact statement (EIS), environmental assessment (EA), or categorical exclusion (CE). 42 U.S.C. 4336. If a proposed action is likely to have significant environmental effects, the agency must prepare an EIS and document its decision in a record of decision. 42 U.S.C. 4336(b)(1). If the proposed action is not likely to have significant environmental effects or the effects are unknown, the agency may instead prepare an environmental assessment (EA), which involves a more concise analysis and process than an EIS. 42 U.S.C. 4336(b)(2). Following the EA, the agency may conclude that the action will have no significant effects and document that conclusion in a finding of no significant impact. 42 U.S.C. 4336(b)(2). If the analysis concludes that the action is likely to have significant effects, however, then an EIS is required.

Under NEPA, a Federal agency also can establish CEs—categories of actions that the agency has determined normally do not significantly affect the quality of the human environment—in their agency NEPA procedures. 42 U.S.C. 4336e(1). If an agency determines that a CE covers a proposed action, it then evaluates the proposed action for extraordinary circumstances in which a normally excluded action may have a significant effect. If no extraordinary circumstances are present, the agency may apply the CE to the proposed action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2). If the extraordinary circumstances have the potential to result in significant effects, the agency is required to prepare an EA or EIS.

Section 109 of NEPA, enacted as part of the Fiscal Responsibility Act of 2023, allows a Federal agency to “adopt” or use another Federal agency's CEs for proposed actions. 42 U.S.C. 4336c. To use another agency's CEs under Section 109, the borrowing agency must identify the relevant CEs listed in another agency's (“establishing agency”) NEPA procedures that covers the borrowing agency's category of proposed actions or related actions; consult with the establishing agency to ensure that the proposed adoption of the CE for a category of actions is appropriate; identify to the public the CE that the borrowing agency plans to use for its proposed actions; and document adoption of the CE. 42 U.S.C. 4336c. NBRC has prepared this notice to meet these statutory requirements.

Created in 2008, the Northern Border Regional Commission (NBRC) is a federal-state partnership whose mission is to help alleviate economic distress and encourage private sector job creation in Maine, New Hampshire, New York, and Vermont. In its sixteen-year history, the NBRC has awarded over 400 grants through its primary grant program and other special initiatives.

Since 2008, the NBRC has grown each year, both in size and appropriations, and was included in the 2021 Bipartisan Infrastructure Legislation (BIL) passed by Congress, which appropriated $150 million to the Commission for deployment across its four-state footprint in support of a wide range of economic development projects. Eligible recipients for NBRC grant funds include: State and local governments, Indian tribes, and public and nonprofit organizations.

Through its grantmaking, the NBRC funds projects in the following categories, as prescribed in 40 U.S.C., Subtitle V, § 15501:

(1) to develop the transportation infrastructure of its region;

(2) to develop the basic public infrastructure of its region;

(3) to develop the telecommunications infrastructure of its region;

(4) to assist its region in obtaining job skills training, skills development and employment-related education, entrepreneurship, technology, and business development;

(5) to provide assistance to severely economically distressed and underdeveloped areas of its region that lack financial resources for improving basic health care and other public services;

(6) to promote resource conservation, tourism, recreation, and preservation of open space in a manner consistent with economic development goals;

(7) to promote the development of renewable and alternative energy sources;

(8) to grow the capacity for successful community economic development in its region: and

(9) to otherwise achieve the purposes of this subtitle.

NBRC is in the process of developing its own list of CEs and, in the interim, has identified specific CEs developed by the Forest Service and codified in 36 CFR 220.6(d) and (e) as appropriate for NBRC to adopt. Because the Forest Service and NBRC programs have similar purposes that combine community economic development with resource preservation and conservation, the Forest Service CE categories closely align with the types of actions NBRC anticipates categorically excluding at this time.

NBRC intends to implement the adopted Forest Service CEs in a manner consistent with their original purpose and application. This includes use of the Forest Service's list of extraordinary circumstances (36 CFR 220.6(b)), CE-specific stipulations, and relevant examples. To promote consistency and transparency, NBRC has also added supplemental stipulations to each Forest Service CE adopted for NBRC use.

NBRC is adopting the Forest Service's documentation procedures outlined in 36 CFR 220.6(f) as a process framework but will apply only those components that are relevant and appropriate to NBRC's programs and authorities. This ensures that NBRC's use of the Forest Service CEs listed in 36 CFR 220.6(d) and (e) remains consistent with their intended scope and complies with the requirements of 42 U.S.C. 4336c, while allowing necessary adaptations for NBRC's distinct programmatic context. Additional details on how NBRC will implement, document, and publicly disclose the use of these CEs are provided in Section III, Documentation of Categorical Exclusion and Public Notice.

36 CFR 220.6(d) Categories of actions for which a project or case file and decision memo are not required. A supporting record and a decision memo are not required, but at the discretion of the responsible official, may be prepared for the following categories:

(5) Repair and maintenance of recreation sites and facilities. Examples include but are not limited to:

(i) Applying registered herbicides to control poison ivy on infested sites in a campground;

(ii) Applying registered insecticides by compressed air sprayer to control insects at a recreation site complex;

(iii) Repaving a parking lot; and

(iv) Applying registered pesticides for rodent or vegetation control.

This CE would be applied to NBRC grants that promote tourism or recreation, or grow the capacity for successful community economic development through the routine repair and maintenance of recreation sites and facilities on federal, state, tribal, or private lands in the NBRC region. The use of fungicides, herbicides or pesticides under the application of this CE would be limited to those with active ingredients registered with the EPA.

36 CFR 220.6(e) Categories of actions for which a project or case file and decision memo are required. A supporting record is required and the decision to proceed must be documented in a decision memo for the categories of action in paragraphs (e)(1) through (25) of this section. As a minimum, the project or case file should include any records prepared, such as: The names of interested and affected people, groups, and agencies contacted; the determination that no extraordinary circumstances exist; a copy of the decision memo; and a list of the people notified of the decision. If the proposed action is approval of a land management plan, plan amendment, or plan revision, the plan approval document required by 36 CFR part 219 satisfies the decision memo requirements of this section.

(1) Construction and reconstruction of trails. Examples include, but are not limited to:

(i) Constructing or reconstructing a trail to a scenic overlook, and

(ii) Reconstructing an existing trail to allow use by handicapped individuals.

This CE would be applied to NBRC grants that promote tourism or recreation, or grow the capacity for successful community economic development through the construction and reconstruction of trails on federal, state, tribal, or private lands in the NBRC region.

(2) Additional construction or reconstruction of existing telephone or utility lines in a designated corridor. Examples include, but are not limited to:

(i) Replacing an underground cable trunk and adding additional phone lines, and

(ii) Reconstructing a power line by replacing poles and wires.

This CE would be applied to NBRC grants that support the development of public or telecommunications infrastructure, or otherwise grow the capacity for successful community economic development through the routine construction and reconstruction of telephone and electric utility lines on federal, state, tribal, or private lands in the NBRC region.

(5) Regeneration of an area to native tree species, including site preparation that does not involve the use of herbicides or result in vegetation type conversion. Examples include, but are not limited to:

(i) Planting seedlings of superior trees in a progeny test site to evaluate genetic worth, and

(ii) Planting trees or mechanical seed dispersal of native tree species following a fire, flood, or landslide.

This CE would be applied to NBRC grants that promote resource conservation, tourism, recreation, or the preservation of open space through the regeneration of areas to native tree species on federal, state, tribal, or private lands in the NBRC region.

(6) Timber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than 1 mile of low standard road construction. Examples include, but are not limited to:

(i) Girdling trees to create snags;

(ii) Thinning or brush control to improve growth or to reduce fire hazard including the opening of an existing road to a dense timber stand;

(iii) Prescribed burning to control understory hardwoods in stands of southern pine; and

(iv) Prescribed burning to reduce natural fuel build-up and improve plant vigor.

This CE would be applied to NBRC grants that promote resource conservation, tourism, recreation, or the preservation of open space, or otherwise grow the capacity for successful community economic development through timber stand and wildlife habitat improvement activities on federal, state, tribal, or private lands in the NBRC region. The construction of low standard roads under the application of this CE would be limited to roads 1 mile or less in length constructed for the primary purpose of accessing the timber stand and wildlife habitat improvement activities that are otherwise inaccessible.

(7) Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices. Examples include, but are not limited to:

(i) Reconstructing a gabion with stone from a nearby source;

(ii) Adding brush to lake fish beds; and

(iii) Cleaning and resurfacing a fish ladder at a hydroelectric dam.

This CE would be applied to NBRC grants that promote resource conservation, tourism, or recreation, or otherwise grow the capacity for successful community economic development through the modification or maintenance of stream or lake aquatic habitat improvement structures on federal, state, tribal, or private lands in the NBRC region.

(11) Post-fire rehabilitation activities, not to exceed 4,200 acres (such as tree planting, fence replacement, habitat restoration, heritage site restoration, repair of roads and trails, and repair of damage to minor facilities such as campgrounds), to repair or improve lands unlikely to recover to a management approved condition from wildland fire damage, or to repair or replace minor facilities damaged by fire. Such activities:

(i) Shall be conducted consistent with Agency and Departmental procedures and applicable land and resource management plans;

(ii) Shall not include the use of herbicides or pesticides or the construction of new permanent roads or other new permanent infrastructure; and

(iii) Shall be completed within 3 years following a wildland fire.

This CE would be applied to NBRC grants that promote resource conservation, tourism, or recreation, or otherwise grow the capacity for successful community economic development through post-fire rehabilitation activities on federal, state, tribal, or private lands in the NBRC region.

(12) Harvest of live trees not to exceed 70 acres, requiring no more than 1-2 mile of temporary road construction. Do not use this category for even-aged regeneration harvest or vegetation type conversion. The proposed action may include incidental removal of trees for landings, skid trails, and road clearing. Examples include, but are not limited to:

(i) Removal of individual trees for sawlogs, specialty products, or fuelwood, and

(ii) Commercial thinning of overstocked stands to achieve the desired stocking level to increase health and vigor.

This CE would be applied to NBRC grants that support the development of transportation or public infrastructure, promote resource conservation, provide job skills training, or otherwise grow the capacity for successful community economic development through the harvest of live trees on federal, state, tribal, or private lands in the NBRC region.

(13) Salvage of dead and/or dying trees not to exceed 250 acres, requiring no more than 1-2 mile of temporary road construction. The proposed action may include incidental removal of live or dead trees for landings, skid trails, and road clearing. Examples include, but are not limited to:

(i) Harvest of a portion of a stand damaged by a wind or ice event and construction of a short temporary road to access the damaged trees, and

(ii) Harvest of fire-damaged trees.

This CE would be applied to NBRC grants that support the development of transportation or public infrastructure, promote resource conservation or job skills training, or grow the capacity for successful community economic development through the salvage of dead and/or dying trees on federal, state, tribal, or private lands in the NBRC region.

(14) Commercial and non-commercial sanitation harvest of trees to control insects or disease not to exceed 250 acres, requiring no more than 1-2 mile of temporary road construction, including removal of infested/infected trees and adjacent live uninfested/uninfected trees as determined necessary to control the spread of insects or disease. The proposed action may include incidental removal of live or dead trees for landings, skid trails, and road clearing. Examples include, but are not limited to:

(i) Felling and harvest of trees infested with southern pine beetles and immediately adjacent uninfested trees to control expanding spot infestations, and

(ii) Removal and/or destruction of infested trees affected by a new exotic insect or disease, such as emerald ash borer, Asian long horned beetle, and sudden oak death pathogen.

This CE would be applied to NBRC grants that promote resource conservation, tourism, recreation, or job skills training through the sanitation harvest of trees to control insects or disease on federal, state, tribal, or private lands in the NBRC region.

(19) Removing and/or relocating debris and sediment following disturbance events (such as floods, hurricanes, tornados, mechanical/engineering failures, etc.) to restore uplands, wetlands, or riparian systems to pre-disturbance conditions, to the extent practicable, such that site conditions will not impede or negatively alter natural processes. Examples include but are not limited to:

(i) Removing an unstable debris jam on a river following a flood event and relocating it back in the floodplain and stream channel to restore water flow and local bank stability;

(ii) Clean-up and removal of infrastructure flood debris, such as, benches, tables, outhouses, concrete, culverts, and asphalt following a hurricane from a stream reach and adjacent wetland area; and

(iii) Stabilizing stream banks and associated stabilization structures to reduce erosion through bioengineering techniques following a flood event, including the use of living and nonliving plant materials in combination with natural and synthetic support materials, such as rocks, riprap, geo-textiles, for slope stabilization, erosion reduction, and vegetative establishment and establishment of appropriate plant communities (bank shaping and planting, brush mattresses, log, root wad, and boulder stabilization methods).

This CE would be applied to NBRC grants that support the development of transportation or public infrastructure, promote resource conservation or recreation, or otherwise grow the capacity for successful community economic development through the removal and relocation of debris and sediment following disturbance events to restore uplands, wetlands, or riparian systems on federal, state, tribal, or private lands in the NBRC region.

NBRC will document the use of the above CEs for each project to which they are applied and will maintain this documentation in the project's records within NBRC's online file storage system. The CEs will be documented in a “Memorandum for Record” format to stay consistent across projects. NBRC annually provides required NEPA dedicated training to our State, regional, and local partners, as well as our grantees. NBRC's NEPA process, including all templates, guidance documents, procedures, etc., are made available to the public on NBRC's NEPA-dedicated web page.

If an agency determines that a CE covers a proposed action, the agency must evaluate the proposed action for extraordinary circumstances in which a normally excluded action may have a significant environmental effect.

NBRC does not currently have its own NEPA implementing procedures to guide the application of extraordinary circumstances. Because NBRC has adopted categorical exclusions from more than one agency, it will apply the extraordinary circumstances framework that corresponds to the originating agency for each CE. For example, when using a Forest Service CE, NBRC will apply the Forest Service's extraordinary circumstances criteria, as set out in 36 CFR 220.6(b).

When using a Denali Commission CE, NBRC will apply the Denali Commission's extraordinary circumstances factors as outlined in 45 CFR 900.204(c). This approach ensures that each CE is applied in a manner consistent with its original intent, as required by 42 U.S.C. 4336c.

36 CFR 220.6(b)(1) Resource conditions that should be considered in determining whether extraordinary circumstances related to a proposed action warrant further analysis and documentation in an EA or an EIS are:

(i) Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species;

(ii) Floodplains, wetlands, or municipal watersheds;

(iii) Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas;

(iv) Inventoried roadless area or potential wilderness area;

(v) Research natural areas;

(vi) American Indians and Alaska Native religious or cultural sites; and

(vii) Archaeological sites, or historic properties or areas.

These resource concerns will be reviewed by NBRC when applying Forest Service CEs to determine whether a proposed action may have the potential to result in significant environmental effects. If extraordinary circumstances are present and cannot be resolved, NBRC will prepare an EA or EIS or determine whether the action is covered under an existing NEPA document. NBRC's consideration of extraordinary circumstances will be documented consistent with the approach outlined in Section III, Documentation of Categorical Exclusion and Public Notice.

In July, 2025, NBRC and USFS met to discuss the adoption of aforementioned categorical exclusions. NBRC's intended uses of the CE's are consistent with the way USFS has been relying on these CEs. NBRC explained the way they intend to rely on the CEs with specific examples of the projects NBRC is funding. Following this consultation, NBRC has determined that its proposed use of the USFS CEs as described in this notice is appropriate.

This notice documents adoption of the Forest Service CEs listed above in accordance with 42 U.S.C. 4336c(4), and they are available for use by NBRC, effective immediately.

CPSC seeks to renew the following currently approved collection of information:

Title: Third Party Testing of Children's Products.

OMB Number: 3041-0159.

Type of Review: Renewal of collection of information for third party testing of children's products, which includes: (1) previously approved burden for marking and labeling of certain durable infant and toddler products; (2) the labeling and recordkeeping requirements (not covered by the Commission's third party testing rule at 16 CFR part 1107) set forth in the rule establishing requirements for electrically operated toys or other electrically operated articles intended for children (16 CFR part 1505) (electrically operated toys and other articles rule); (3) recordkeeping and labeling requirements set forth in the ban on articles known as “baby bouncers” or “walker-jumpers” (baby bouncer/walker-jumper rule, 16 CFR 1500.18(a)(6) and 1500.86(a)(4)), or similar articles that are not covered by the safety standard for infant walkers (16 CFR part 1216) and that also are not covered by the third party testing rule or any other rule issued under section 104 of the Consumer Product Safety Improvement Act; (4) new children's product safety rules promulgated since the last renewal, including non-toy children's products containing button cell or coin batteries, children's clothing storage units, and non-toy children's products containing magnets, and (5) the addition of costs to eFile children's product certificates (CPCs) pursuant to the revision to 16 CFR part 1110 (90 FR 1800 (Jan. 8, 2025)). The Commission already expanded the scope of OMB Control No. 3041-0159 when it issued the final rule to revise part 1110 and the final rule for button cell or coin batteries; it is included in this renewal for completeness. As explained in this notice, the requirement to eFile most certificates does not begin until July 8, 2026.

Testing and Certification: On November 8, 2011, the Commission issued two rules for implementing third party testing and certification of children's products, as required by section 14 of the Consumer Product Safety Act (CPSA):

• Testing and Labeling Pertaining to Product Certification (76 FR 69482, codified at 16 CFR part 1107; the testing rule); and

• Conditions and Requirements for Relying on Component Part Testing or Certification, or Another Party's Finished Product Testing or Certification to Meet Testing and Certification Requirements (76 FR 69547, codified at 16 CFR part 1109; the component part rule).

The testing rule establishes requirements for manufacturers to conduct initial third party testing and certification of children's products, testing when there has been a material change in the product, continuing testing (periodic testing), and guarding against undue influence. A final rule on Representative Samples for Periodic Testing of Children's Products (77 FR 72205, Dec. 5, 2012) amended the testing rule to require that representative samples be selected for periodic testing of children's products.

The component part rule is a companion to the testing rule that is intended to reduce third party testing burdens, by providing all parties involved in the required testing and certifying of children's products the flexibility to conduct or rely upon testing where testing is the easiest and least expensive to accomplish. Certification of a children's product can be based upon one or more of the following: (a) component part testing; (b) component part certification; (c) another party's finished product testing; or (d) another party's finished product certification.

Section 1107.26 of the testing rule states the records required for testing and selecting representative samples. 16 CFR 1107.26. Required records include a certificate and records documenting third party testing and related sampling plans. These requirements largely overlap the recordkeeping requirements in the component part rule, codified at 16 CFR 1109.5(g). Duplicate recordkeeping is not required; records need to be created and maintained only once to meet the applicable recordkeeping requirements. The component part rule also requires records that enable tracing a product or component back to the entity that had a product tested for compliance; the rule also requires attestations of due care to ensure test result integrity.

Because these records largely overlap, for this renewal, CPSC is streamlining the burden analysis and combining all recordkeeping for testing and certification into one estimate, as explained further in this notice.

New Children's Product Rules: Since the last renewal of this collection of information, CPSC has issued four children's product rules (not including rules issued under section 104 of the Consumer Product Safety Improvement Act of 2008 CPSIA) that contain testing, marking, labeling, and certification requirements for children's products: (1) Safety Standard for Clothing Storage Units (CSUs) (16 CFR part 1261); Safety Standard for Magnets (16 CFR part 1262) (does not contain labeling requirements); Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries (Button Battery) (16 CFR part 1263); and (4) Marking of Toy, Look-Alike, and Imitation Firearms (16 CFR part 1272; PRA burden addressed in 16 CFR part 1250). In this renewal the burden estimate for children's CSUs and non-toy children's products containing magnets is included in this collection of information. The Button Battery rule already expanded this collection of information to include the certification and labeling of non-toy children's products that contain button batteries, and it is listed here for completeness. Toy imitation firearms are already included in this collection pursuant to section 4.30 of ASTM F963, as required in 16 CFR part 1250. The burden estimate for these new rules is included in the analysis under the Testing and Certification.

Section 104 Rules: The Commission has issued 28 rules for durable infant and toddler products under section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), codified in 15 U.S.C. 2056a (section 104 rules). Section 104 rules that have been issued, to date, appear in Table 2. Each section 104 rule contains requirements for marking, labeling, and instructional literature:

• Each product and the shipping container must have a permanent label or marking that identifies the name and address (city, state, and zip code) of the manufacturer, distributor, or seller.

• A permanent code mark or other product identification shall be provided on the product and its package or shipping container, if multiple packaging is used. The code will identify the date (month and year) of manufacture and permit future identification of any given model.

OMB has assigned control numbers for the estimated burden to comply with marking and labeling requirements in each section 104 rule. With this renewal, CPSC is moving the marking and labeling burden requirements for two additional section 104 rules that have been issued since the last renewal in 2022, into the collection of information for Third Party Testing of Children's Products (bold font in Table 2). The paperwork burdens associated with the section 104 rules are appropriately included in the collection for Third Party Testing of Children's Products because all the section 104 products are also required to be third party tested. Having all the burden hours under one collection for children's products provides one OMB control number and eases the administrative burden of renewing multiple collections. CPSC will discontinue using the OMB control numbers currently assigned to individual section 104 rules. The discontinued OMB control numbers are listed in Table 2.

eFiling Revision to 16 CFR part 1110: Section 14(a) of the CPSA requires that manufacturers (including importers) and private labelers issue certificates for all consumer products subject to a consumer product safety rule under the CPSA, or a similar rule, ban, standard, or regulation under any other law enforced by the Commission, that are imported for consumption or warehousing or distributed in commerce. 15 U.S.C. 2052(a)(11)-(12); 15 U.S.C. 2063(a)(1). Children's products introduced to the U.S. market must have a Children's Product Certificate (CPC), which, if imported, must be electronically filed with U.S. Customs and Border Protection at the time of filing entry. The final rule revising part 1110 details the eFiling requirement and the burden of eFiling CPCs. 90 FR 1800, 1838-39 (Jan. 8, 2025). For most imported products, the effective date of this requirement is July 8, 2026. Products imported from a Foreign Trade Zone (FTZ) must comply with the eFiling requirement by January 8, 2027.

Electrically Operated Toys and Other Articles: The requirements for electrically operated toys and other electrically operated articles intended for use by children are set forth in 16 CFR part 1505. The regulation establishes certain criteria to use in determining whether electrically operated toys and other electrically operated children's products are banned and requires that certain warning and identification labeling be included on both the product and the packaging. The regulation also requires that manufacturers establish a quality assurance program to assure compliance and to keep records pertaining to the quality assurance program. Additionally, manufacturers or importers must keep records of the sale and distribution of the products.

Baby-Bouncer/Walker-Jumper Rule: The requirements for baby bouncers, baby walkers, and similar articles that are not covered by 16 CFR part 1216 (Safety Standard for Infant Walkers) are set forth under 16 CFR 1500.18(a)(6) and 1500.86(a)(4). These regulations establish criteria to use in determining whether certain baby-bouncers, walker-jumpers, or similar products are banned. The regulation requires that each product be labeled with information that will permit future identification by the manufacturer of the particular model of bouncer or walker-jumper. In addition, manufacturers must maintain records of sales, distribution, and results of tests and inspections for three years and make such records available to CPSC, upon request. Products covered under this regulation are not duplicative of an existing section 104 rule.

Frequency of Response: On occasion.

Affected Public: Manufacturers, private labelers, and importers of children's products subject to a children's product safety rule.

Estimated Number of Respondents:

Testing and Certification of Children's Products: Recordkeeping requirements in parts 1107 and 1109 apply to all manufacturers, importers, and private labelers of children's products that are covered by one or more children's product safety rules promulgated and/or enforced by the CPSC.

To estimate the number of respondents, CPSC staff reviewed every industry category in the NAICS and selected industry categories that included firms that could manufacture or sell children's products that are regulated by CPSC and require testing and certification. Using data from the U.S. Census Bureau, 1 CPSC determined that there were approximately 20,100 manufacturers, about 106,700 wholesalers, and about 263,800 retailers in these NAICS categories. Accordingly, there are approximately 390,600 annual respondents. Note, however, these categories also include many non-children's products, which are not covered by any children's product safety rules. Therefore, these numbers would constitute an overestimate of the number of establishments that are subject to the PRA requirements and therefore constitute a high estimate of the number of firms that are subject to the recordkeeping requirements. Table 1 sets forth the burden estimate for all children's product safety rules that are not rules under section 104 of the CPSIA, estimating an average annual hourly burden of 5,037,900 hours.

Section 104 Rules: Table 2 summarizes the section 104 rules for durable infant or toddler products subject to the marking and labeling requirement that have been or are now being moved into OMB control number 3041-0159. The two new section 104 rules being moved into this information collection are shown in bold text. Table 2 also contains the estimated number of manufacturers and models and the total respondent hours, estimating 6,338 respondents for section 104 Rules, with an estimated annual hourly burden of 97,968 hours.

eFiling Requirements: As shown in Table 3, the final rule to revise part 1110 estimates that 224,000 importers of children's products will annually eFile Children's Product Certificates (CPCs) with an estimated annual 209,462 hourly burden. 90 FR 1800, 1838-39 (Table 14).

Electrically Operated Toys and Other Articles Rule: CPSC staff estimates that about 40 entities will respond to this collection annually.

Baby-Bouncer/Walker-Jumper Rule: CPSC staff estimates that about six entities will respond to the testing and recordkeeping requirements of this regulation annually.

Testing and Certification: An average of three hours per year will be needed for each response. The PRA burden will vary greatly from respondent to respondent, depending upon factors that are out of CPSC's control and at the discretion of the establishment. For example, respondents that regularly change their product may spend more time on testing and certification and the associated recordkeeping, while respondents that utilize the component part rule effectively, or that continuously manufacture the same product, may spend less time responding to the collection.

Section 104 Rules: Each section 104 rule contains a similar analysis for marking and labeling that estimates the time to make any necessary changes to marking and labeling requirements at 1 hour per model. Some section 104 rules also contain requirements for instructional literature, and estimates are included for instructional literature in this analysis, where required.

eFiling Requirements: The average filing takes roughly 22 seconds (or 0.0062 hours) across filing modes.

Electrically Operated Toys and Other Articles Rule: Products subject to this regulation are also subject to the requirements of the testing rule. Therefore, the burden of any duplicative recordkeeping requirements will not be reported here to avoid double-counting the burden. CPSC staff estimates that the additional burden imposed by this regulation over that imposed by the testing rule is 1.5 hours (30 minutes per response to maintain sales and distribution records for recordkeeping, and 1 hour to make labeling changes).

Baby-Bouncer/Walker-Jumper Rule: CPSC staff estimates that respondents will spend 2 hours per response (1 hour on recordkeeping requirements, and 1 hour on labeling requirements).

Adding the total estimated recordkeeping burden for testing and certification (5,037,900 hours), marking and labeling for 104 Rules (97,968 hours), eFiling CPCs (209,462 hours), electrically operated toys (750 hours), and baby bouncer/walker-jumpers (24 hours) the total estimated annual burden of the collection is 5,346,104 hours.

At $41.59 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” March 2025, Table 4, total compensation for all sales and office workers in goods-producing private industries: https://www.bls.gov/news.release/archives/ecec_06132025.htm ) hourly compensation rate, the total cost of the information collection is approximately $222.3 million (5,346,104 hours × $41.59 = $222,344,465.36).

Many importers use import brokers who charge a filing fee to facilitate customs filings and reporting with the government. Brokers typically charge a fee per entry or per entry line that is filed, and each entry line may contain one or more product certificates. The fees that brokers charge vary with the complexity of the Message Set and with the number of Message Sets filed.

Table 4 below presents an estimate of filing fees for CPCs. CPSC estimates that importers of children's products will file 28,555,603 annual message sets and expect filing fees for CPCs to total $21,987,815 annually.

The Commission solicits written comments from all interested persons about the proposed renewal of this collection of information. The Commission specifically solicits information relevant to the following topics:

• Whether the collection of information described above is necessary for the proper performance of the Commission's functions, including whether the information would have practical utility;

• Whether the estimated burden of the proposed collection of information is accurate;

• Whether the quality, utility, and clarity of the information to be collected could be enhanced; and

• Whether the burden imposed by the collection of information could be minimized by use of automated, electronic or other technological collection techniques, or other forms of information technology.

CPSC seeks to renew the following currently approved collection of information:

Title: Standard for the Flammability of Children's Sleepwear: Sizes 0 Through 6X; and the Standard for the Flammability of Children's Sleepwear: Sizes 7 Through 14.

OMB Number: 3041-0027.

Type of Review: Renewal of collection.

Frequency of Response: On occasion.

Affected Public: Manufacturers and importers of children's sleepwear.

General Description of Collection: The Standard for the Flammability of Children's Sleepwear: Sizes 0 through 6X (16 CFR part 1615) and the Standard for the Flammability of Children's Sleepwear: Sizes 7 through 14 (16 CFR part 1616) address the fire hazard associated with small-flame ignition sources for children's sleepwear manufactured for sale in, or imported into, the United States. The standards also require manufacturers and importers of children's sleepwear to collect information resulting from product testing and maintenance of the testing records. 16 CFR part 1615, subpart B; 16 CFR part 1616; subpart B.

Estimated Number of Respondents: Based on a review of past inspections and published industry information, CPSC staff estimates that there could be as many as 615 domestic children's apparel manufacturers in the United States subject to the rule. However, not all these manufacturers will produce children's sleepwear. Therefore, this figure is likely an overestimate of the actual number of firms responding to the collection of information in any given year. Furthermore, using the Harmonized Tariff System (HTS) codes for children's sleepwear, CPSC staff found approximately 3,641 importers that supply children's sleepwear to the U.S. market. Many of the 615 domestic manufacturers, along with many large U.S. retailers, may be among the importers, so this too could be an overestimate of respondents to the information collection. If all 615 U.S. producers and all 3,641 importers introduced new children's sleepwear garments each year, the total number of respondents to the information collection would be 4,256 (615 + 3,641). As noted above, the actual number of respondents is likely lower.

Estimated Time per Response: PRA burden associated with testing and recordkeeping of each sleepwear item is approximately three hours.

Total Estimated Annual Burden: The 50 largest domestic manufacturers and the 100 largest importers may each introduce an average of 100 new children's sleepwear items annually. The annual burden for the 50 large domestic manufacturers and the 100 largest importers is estimated at 45,000 hours for PRA burden associated with testing and recordkeeping (150 firms × 100 items × 3 hours). Without adjusting for possible double-counting, CPSC staff estimates that the remaining 565 manufacturers and 3,541 importers may each introduce an average of 10 new children's sleepwear items, for a total burden of 123,180 hours (4,106 × 10 items × 3 hours.) Therefore, the total estimated potential annual burden imposed by the standard and regulations on all manufacturers and importers of children's sleepwear will be about 168,180 hours (45,000 + 123,180).

Total Estimated Annual Cost to Respondents: Using compensation data available from the U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” December 2024, Table 4, total compensation for management, professional, and related workers in goods-producing private industries, http://www.bls.gov/ncs, the annual cost to the industry is estimated to be $12,748,044 based on an hourly wage of $75.80 × 168,180 hours.

Request for Comments:

The Commission solicits written comments from all interested persons about the proposed collection of information. The Commission specifically solicits information relevant to the following topics:

• whether the collection of information described above is necessary for the proper performance of the Commission's functions, including whether the information would have practical utility;

• whether the estimated burden of the proposed collection of information is accurate;

• whether the quality, utility, and clarity of the information to be collected could be enhanced; and

• whether the burden imposed by the collection of information could be minimized by use of automated, electronic or other technological collection techniques, or other forms of information technology.

The purpose of the Proposed Action is to facilitate training that ensures combat effectiveness and aircrew survivability. The Proposed Action is needed because the current PRTC does not allow aircrews to complete required high altitude day-to-day and LFE training, and because current limitations on LFEs prevent realistic training that ensures mission readiness and aircrew survivability.

DAF is considering two alternatives to implement the Proposed Action and the No Action Alternative.

For Alternative 1, the ceiling of two of the primary airspace segments used for day-to-day training (named Powder River 2 and Gateway West Air Traffic Control Assigned Airspaces [ATCAAs]) would be raised to 60,000 feet from the current 26,000 feet, improving the high-altitude training capability. This alternative also includes an administrative change to the published times of use to align with how the complex is currently used for day-to-day training. Under Alternative 1, the ceiling of all the PRTC airspace would be raised to 60,000 feet during LFEs and increase the LFE days from 10 days total per year to a total of 30 days per year. Increasing the duration and frequency of LFEs would increase the total sorties conducted within PRTC by 50 percent for a total of 4,974.

For Alternative 2, the ceiling of Powder River 2, Gateway West, and Gateway East ATCAAs would be raised to 60,000 feet from the current 26,000 feet for day-to-day training. Currently Gateway East ATCAA is only available for LFEs. Under this alternative, Gateway East ATCAA would now be available for day-to-day training and the lateral dimensions of the Gateway West ATCAA would be reduced. Other changes would be the same as Alternative 1 and include an administrative change to the published times of use for day-to-day training, raising the ceiling of the entire complex to 60,000 feet during LFEs and increasing the LFE days to a total of 30 days per year.

For the No Action Alternative, DAF would not implement changes to the airspace structure or increase the total LFE days. Use of the PRTC for day-to-day training and LFEs would continue as it does currently.

The DAF and Cooperating Agencies will determine the scope of the analysis by soliciting comments from interested local, state, and federally elected officials and agencies, federally recognized Native American tribes, as well as interested members of the public. Comments are requested on identification of potential alternatives, information, and analyses relevant to the Proposed Action.

Title; Associated Form; and OMB Number: National Industrial Security Program Contracts Classification System; DD Form 254; OMB Control Number 0704-0567.

Type of Request: Extension.

Number of Respondents: 8,800.

Responses per Respondent: 6.

Annual Responses: 52,800.

Average Burden per Response: 36 minutes.

Annual Burden Hours: 31,680.

Needs and Uses: Pursuant to 48 CFR 27, in conjunction with subpart 4.4 of the Federal Acquisition Regulation, contracting officers shall determine whether access to classified information may be required by a contractor during contract performance. DoD Components shall use the DD Form 254, “Contract Security Classification Specification,” as an attachment to contracts or agreements requiring access to classified information by U.S. contractors. The DD Form 254 is used to identify the classified areas of information involved in a contract and the specific items of information that require protection. The National Industrial Security Program Contract Classification System (NCCS) is the electronic repository for the DD Form 254. NCCS expedites the processing and distribution of contract classification specifications for contracts requiring access to classified information. NCCS also has a built-in automated process for the Request for Approval to Subcontract and provides workflow support for the Facility Clearance Request and National Interest Determination processes.

Affected Public: Business or other for-profit.

Frequency: On occasion.

Respondent's Obligation: Voluntary.

DoD Clearance Officer: Mr. Reginald Lucas.

Statutory Authority and Function: The Governing Board is established under the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621). Information on the Governing Board and its work can be found at www.nagb.gov. Notice of the meetings is required under section 1009(a)(2) of 5 U.S.C. chapter 10 (commonly known as the Federal Advisory Committee Act). The Governing Board formulates policy for the National Assessment of Educational Progress (NAEP) administered by the National Center for Education Statistics (NCES). The Governing Board's responsibilities include: (1) selecting the subject areas to be assessed; (2) developing appropriate student achievement levels; (3) developing assessment objectives and testing specifications that produce an assessment that is valid and reliable, and are based on relevant widely accepted professional standards; (4) developing a process for review of the assessment which includes the active participation of teachers, curriculum specialists, local school administrators, parents, and concerned members of the public; (5) designing the methodology of the assessment to ensure that assessment items are valid and reliable, in consultation with appropriate technical experts in measurement and assessment, content and subject matter, sampling, and other technical experts who engage in large scale surveys; (6) measuring student academic achievement in grades 4, 8, and 12 in the authorized academic subjects; (7) developing guidelines for reporting and disseminating results; (8) developing standards and procedures for regional and national comparisons; (9) taking appropriate actions needed to improve the form, content use, and reporting of results of an assessment; and (10) planning and executing the initial public release of NAEP results.

The Governing Board's standing committees will meet to conduct regularly scheduled work. Standing committee meeting agendas and meeting materials will be posted on the Governing Board's website, www.nagb.gov, no later than five (5) business days prior to the meetings. Minutes of prior standing committee meetings are available at https://www.nagb.gov/governing-board/quarterly-board-meetings.html.

The Executive Committee will meet in closed session on Thursday, July 31, 2025, from 9:00 a.m. to 10:00 a.m. to discuss the nomination of the Governing Board's Vice Chair 2025-2026, to receive updates from the Executive Director on and discuss the Board's ongoing work, the NAGB budget, and the 2026 NAEP Administration. These briefings must be closed because discussions pertain to the federal budget and acquisition process. Public disclosure of this confidential information would significantly impede implementation of the NAEP assessment program if conducted in open session. Such matters are protected by exemption 9(B) of section 552b(c) of title 5 of the United States Code.

The Assessment Development Committee will meet in closed session on Thursday, July 31, 2025, from 3:15 p.m. to 4:30 p.m. to review the NAEP Long-Term Trend Assessments. This review must be conducted in closed session because the content of the assessments has not been released to the public. Public disclosure of this information would significantly impede the implementation of the NAEP assessment program if conducted in open session. Such matters are protected by exemption 9(B) of the Government in the Sunshine Act, 5 U.S.C. 552b. The committee will continue in open session from 4:30 p.m. to 4:45 p.m. to discuss the initial plans for Content Advisory Groups.

The Committee on Standards, Design and Methodology will meet on Thursday, July 31, 2025, from 3:15 p.m.-4:45 p.m. The committee will meet in open session from 3:15 p.m. to 3:25 p.m. to receive updates from the chair. The committee will meet in closed session from 3:25 p.m. to 4:45 p.m. to discuss Quality Control for the 2026 NAEP Administration. This session must be closed because the data has not been shared with the public. Disclosure of this confidential information would significantly impede implementation of the NAEP assessment program if conducted in open session. Such matters are protected by exemption 9(B) of the Government in the Sunshine Act, 5 U.S.C. 552b.

The Reporting and Dissemination Committee will meet on Thursday, July 31, 2025, in open session from 3:15 p.m. to 3:45 p.m. to receive a strategic communications update and then transition to closed session from 3:45 p.m. to 4:45 p.m. to discuss the results from 2024 NAEP Reading and Mathematics—Grade 12. This session must be closed because it will include discussion of data which cannot be released to the public at this time. Public disclosure of this confidential information would significantly impede implementation of the NAEP assessment program if conducted in open session. Such matters are protected by exemption 9(B) of the Government Sunshine Act, 5 U.S.C. 552b.

The plenary sessions of the Governing Board's May 2025 quarterly meeting will be held on the following dates and times:

On Thursday, July 31, 2025, the plenary session of the quarterly Governing Board meeting will convene in open session from 10:15 a.m. to 11:15 a.m., in closed session from 11:15 a.m. to 3:00 p.m. From 10:15 a.m. to 10:30 a.m., Beverly Perdue, Chair of the Governing Board, will welcome members, review and approve the July 31-August 1, 2025, quarterly Governing Board meeting agenda, and approve the minutes from the May 15, 2025, quarterly Governing Board meeting. The Board will consider the recommendation by the Executive Committee and vote on the nominee to serve as Governing Board Vice Chair for term October 1, 2025-September 30, 2026.

From 10:30 a.m. to 10:45 a.m., Lesley Muldoon, Governing Board Executive Director, will provide updates on the Board's work and priorities. From 10:45 to 11:00 a.m., the Board will receive an update from the NCES Commissioner. Following a fifteen-minute transitional break, the Board will meet in closed session from 11:15 a.m. to 11:45 a.m. to receive an update on the NAEP Budget. The Board will continue in closed session from 11:45 a.m. to 1:30 p.m., to receive an update on the 2026 NAEP Administration. After a short break the board will continue in closed session from 1:45 p.m. to 3:00 p.m. to receive an embargoed briefing on results from 2024 NAEP Reading and Mathematics—Grade 12. These sessions must be closed because they will include information on the budget and the federal acquisition process, and data which cannot be released to the public at this time. Public disclosure of this confidential information would significantly impede implementation of the NAEP assessment program if conducted in open session. Such matters are protected by exemption 9(B) of the Government Sunshine Act, 5 U.S.C. 552b.

The Thursday, July 31, 2025, session of the Governing Board meeting will adjourn at 3:00 p.m.

On Friday, August 1, 2025, the plenary session of the quarterly Governing Board meeting will convene in closed session from 8:30 a.m. to 10:30 a.m., and in open session from 10:30 a.m. to 11:40 a.m. The Board will meet in closed session from 8:30 a.m. to 10:30 a.m. to discuss ways to maximize the utility, efficiency and agility of the NAEP program. This session must be closed because information on the program, budget and the federal acquisition process cannot be released to the public at this time. Public disclosure of this confidential information would significantly impede implementation of the NAEP assessment program if conducted in open session. Such matters are protected by exemption 9(B) of the Government Sunshine Act, 5 U.S.C. 552b.

Following a fifteen-minute transitional break, the Board will meet in open session from 10:45 a.m. to 11:15 a.m. to discuss topics of interest. From 11:15 a.m. to 11:20 a.m., the Board will take action on the Resolution to Request Postponing NAEP Reading and Mathematics from 2028 to 2029, and from 11:20 a.m. to 11:40 a.m. members whose terms expire on September 30, 2025, will make farewell remarks. The session of the Governing Board meeting on Friday, August 1, 2025, will adjourn at 11:40 a.m.

Registration: Members of the public may attend the July 31-August 1, 2025, meetings of the full Governing Board and standing committee meetings virtually. A link to the final meeting agenda and information on how to register for virtual attendance for the open sessions will be posted on the Governing Board's website, www.nagb.gov, no later than five (5) business days prior to the meeting. Registration is required to join the meeting virtually.

Public Comment: Written comments related to the work of the Governing Board and its standing committees may be submitted to the attention of the DFO, either via email to Angela.Scott@ed.gov or in hard copy to the address listed above. Written comments related to the July 31-August 1, 2025 Governing Board meeting should be submitted no later than close of business on July 24, 2025, and should reference the relevant agenda item.

Access to Records of the Meeting: Pursuant to 5 U.S.C. 1009, the public may inspect the meeting materials and other Governing Board records at 400 Maryland Avenue SW, Washington, DC 20202, by emailing Angela.Scott@ed.gov to schedule an appointment. The official verbatim transcripts of the open meeting sessions will be available for public inspection no later than 30 calendar days following each meeting. Requests for the verbatim transcriptions may be made via email to the DFO.

Reasonable Accommodations: The meeting location is accessible to individuals with disabilities. If you will need an auxiliary aid or service to participate in the meeting ( e.g., interpreting service, assistive listening device, or materials in an alternate format), notify the DFO listed in this notice by close of business on July 24, 2025.

Electronic Access to This Document: The official version of this document is published in the Federal Register . Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register , in text or Adobe Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the Adobe website. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

Authority: Pub. L. 107-279, title III, section 301—National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621).

The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

Title of Collection: Streamlined Clearance Process for Discretionary Grants.

OMB Control Number: 1894-0001.

Type of Review: Extension without change of a currently approved ICR.

Respondents/Affected Public: State, Local, and Tribal Governments.

Total Estimated Number of Annual Responses: 1.

Total Estimated Number of Annual Burden Hours: 3.

Abstract: Section 3505(a)(2) of the PRA of 1995 provides the OMB Director authority to approve the streamlined clearance process proposed in this information collection request. This information collection request was originally approved by OMB in January of 1997. This information collection streamlines the clearance process for all discretionary grant information collections which do not fit the generic application process. The streamlined clearance process continues to reduce the clearance time for the U.S. Department of Education's (ED's) discretionary grant information collections by two months or 60 days. This is desirable for two major reasons: it would allow ED to provide better customer service to grant applicants and help meet ED's goal for timely awards of discretionary grants. § 3474.20(d) adds the requirement for grantees to develop a dissemination plan for copyrighted work under open licensing. Information contained in the narrative of an application will be captured in the Evidence of Effectiveness Form.

On February 19, 2025, President Trump issued Executive Order 14218 (Ending Taxpayer Subsidization of Open Borders), directing agencies, among other actions, to ensure that federally funded programs are operating in compliance with PRWORA. For the reasons described herein, the Department has concluded that Federal programs administered by the Department that provide postsecondary education and other similar benefits, including adult education and career and technical education programs, are “Federal public benefits” subject to the citizenship and immigration verification requirements of PRWORA, so long as such benefits are not protected under Plyler v. Doe, 457 U.S. 202 (1982) Plyler as part of a basic public education.

Title IV of PRWORA, as enacted into law as Public Law 104-193 on August 22, 1996, and amended by the Balanced Budget Act of 1997 (Pub. L. 105-33), generally limits eligibility for “Federal public benefits” to U.S. citizens, U.S. non-citizen nationals, and certain categories of “qualified aliens.” For programs that provide “Federal public benefit[s],” providers are required to verify eligibility in order to comply with PRWORA. PRWORA defines “qualified alien” to mean “an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is—

(1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq. ];

(2) an alien who is granted asylum under section 208 of such Act [8 U.S.C. 1158];

(3) a refugee who is admitted to the United States under section 207 of such Act [8 U.S.C. 1157];

(4) an alien who is paroled into the United States under section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for a period of at least 1 year;

(5) an alien whose deportation is being withheld under section 243(h) of such Act [8 U.S.C. 1253];

(6) an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act [8 U.S.C. 1153(a)(7)] as in effect prior to April 1, 1980;

(7) an alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or

(8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association.” 8 U.S.C. 1641(b).

In other words, “qualified alien” status generally refers to those non-citizens that have a lawful immigration status allowing them to reside in the U.S. indefinitely, as well as immigrants holding specific humanitarian statuses identified by Congress. Under PRWORA, an alien who is not a “qualified alien” is ineligible for payment or assistance of any “Federal public benefit.” 8 U.S.C. 1611. Federal public benefits, as defined in 8 U.S.C. 1611(c)(1)(A), include “any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States.” PRWORA further defines Federal public benefits to include “any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States” (emphasis added). 8 U.S.C. 1611(c)(1)(B).

The Department's programs are funded by appropriated funds of the United States and are subject to the restrictions of PRWORA, where such program provides “Federal public benefits” based on the applicable criteria of PRWORA. Specifically, PRWORA applies to “postsecondary education” benefits or “any other similar benefit” under Department programs “for which payments or assistance are provided to an individual, household, or family eligibility unit.” Such benefits are “Federal public benefits” within the meaning of PRWORA, unless an exception applies.

On November 19, 1997, the Department issued a DCL interpreting PRWORA to, among other things, not cover benefits under Departmental programs provided at the preschool, elementary, and secondary education level. U.S. Dept. of Edu., PRWORA DCL, (Nov. 19, 1997). In general, the Department's interpretation in the DCL enabled all aliens, regardless of immigration status and including adults, to be eligible to receive educational benefits and assistance provided by the Department so long as such benefits were not provided at the “postsecondary education” level. The Department's 1997 DCL also reasoned that educational programs provided at the preschool, elementary, and secondary level are not “similar” to the programs that Congress enumerated in PRWORA, including “any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit[.]” (emphasis added). The Department specifically claimed that these programs are dissimilar from “postsecondary education” because those programs “are at a completely different level of education.” The Department also asserted that these programs provide “a different form of assistance” than postsecondary education.

The Department finds that the reasoning in the 1997 DCL is flawed because it failed to fully analyze the context and full statutory text of PRWORA, and therefore ultimately misconstrued its meaning. In crafting PRWORA, Congress created an operative definition for “Federal public benefit” under 8 U.S.C. 1611(c), five substantive exceptions under 8 U.S.C. 1611(b)(1)(A)-(E), three rules of non-applicability under 8 U.S.C. 1611(c)(2)(A)-(C), and three rules of statutory construction under 8 U.S.C. 1643 (a)-(c). Each part of this statutory enactment contains interrelated parts, which may provide context when construing one of its parts that may otherwise appear to be ambiguous. See A. Scalia & B. Garner, Reading Law, 167 (2012)(“Context is the primary determinant of meaning. A legal instrument typically contains interrelated parts that make up the whole. The entirety of the document thus provides the context for each of its parts.”); see also United Savings Ass'n v. Timbers of Inwood Forest Associates, 484 U.S. 365, 371 (1988) (a statutory “provision that may seem ambiguous in isolation is often clarified by the remainder of the statutory scheme—because the same terminology is used elsewhere in a context that makes its meaning clear, or because only one of the permissible meanings produces a substantive effect that is compatible with the rest of the law.”)

In the first instance, the Department looks at the operative definition for “Federal public benefit” under 8 U.S.C. 1611(c). In defining the phrase, Congress included enumerated categories of benefits, including “any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, [or] unemployment benefit,” (emphasis added) followed by a broader unenumerated category of benefits that encompasses any “similar benefit[s] for which payments or assistance are provided to an individual, household, or family eligibility unit.” To ascertain the meaning of the phrase: “similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit,” and whether an unenumerated benefit would fall under that definition, we must analyze the similarity of other benefits to the enumerated list of benefits already included within the definition of a “Federal public benefit.”

Here, Congress included a broad and disparate group of benefits within the enumerated list of “Federal public benefits.” For example, “food assistance” is a near-term benefit for human subsistence, while retirement benefits are quite different in that they provide for long-term financial stability in old age. The disparate nature of these benefits suggest that Congress intended to capture an expansive array of Federal benefits, within the statutory limit that such benefits be provided through Federal funds, and to “an individual, household, or family eligibility unit.”

In contrast, the Department's analysis in the 1997 DCL did not mention any of the enumerated examples in the statute, except “postsecondary education” when construing whether the benefits discussed in that DCL were “similar.” In doing so, the Department ignored important statutory clues regarding the proper reading of the statute. Instead, the Department's previous analysis inappropriately manipulated the level of generality of the inquiry to focus on the narrow question of whether “postsecondary education” is similar to education at the “preschool, elementary, and secondary level.” This flawed framing led to a flawed result. The conclusion of the 1997 DCL that preschool, elementary, and secondary education are dissimilar from postsecondary education because those programs “are at a completely different level of education” ignores the context of the statute that makes it clear that Congress intended to cover a broader array of other Federal benefits. Indeed, preschool, elementary, and secondary education are similar to postsecondary education in that these benefits provide educational assistance to individuals.

The 1997 DCL also discusses the form in which the benefits are distributed. Specifically, the DCL states that “elementary and secondary `benefits' are typically made available to public educational agencies through grants that help them supplement their educational programs . . . [while] [p]ostsecondary benefits typically involve financial assistance to individual students.” Even if assumed to be true, it would be irrelevant.

The statute discusses the method of delivery required in order to be a “Federal public benefit” and provides that only those benefits “for which payments or assistance are provided to an individual, household, or family eligibility unit” may be construed as a “Federal public benefit.” The statute provides for distinct methods of delivery of benefits to include a “payment” or “assistance.” The word “payment” is derivative of the word “pay,” which means “the act of paying or state of being paid.” See Payment, Webster's II: New Riverside University Dictionary (1994); Pay, Webster's II: New Riverside University Dictionary (1994). In other words, for something to be a “payment,” money must be exchanged.

The term “assistance” is defined as “the act of assisting”, which is derivative of the word “assist” which means “to aid” or “to give aid or support” to someone or something. See Assistance, Webster's II: New Riverside University Dictionary (1994) and Assist, Webster's II: New Riverside University Dictionary (1994). The word “assistance” is indeed broader than “payment” and includes at least some actions that do not involve the direct exchange of money.

To further understand the meaning of the word “assistance” within the context of the statute, it is appropriate to consult other parts of the statutory framework. K Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 (1988) (“In ascertaining the plain meaning of the statute, the court must look to the particular statutory language at issue, as well as the language and design of the statute as a whole.”). In the list of five substantive exceptions under 8 U.S.C. 1611(b)(1)(A)-(E), we find clues in deciphering any ambiguities in the term “assistance” as applied in this context. In 8 U.S.C. 1611(b)(1)(B) & (D), Congress provided that the prohibition against providing non-qualified aliens with any federal public benefit “shall not apply with respect to the following Federal public benefits:”

As the excepted benefits that are enumerated within sub-clause (A) though (E) are specified as otherwise being “Federal public benefits”, it is clear that Congress believed these benefits all would have otherwise met that definition. Therefore, in interpreting whether a program provides “other similar benefit(s)”, it is instructive to look not just to the enumerated benefits within 8 U.S.C. 1611(c)(1), but also to the exempted Federal public benefits under 8 U.S.C. 1611(b)(1). Here, Congress specified under sub-clause (B) and (D) that there are exemptions from the general alien restrictions of 8 U.S.C. 1611 on certain types of non-cash or in-kind benefits. 1 The exception under sub-clause (D) applies more specifically to in-kind benefits that are delivered “at the community level, including through public or private nonprofit agencies.” It would not make sense for Congress to exclude these limited non-cash or in-kind benefits explicitly in 8 U.S.C. 1611(b)(1)(B) & (D) if at least some of those benefits were not already captured under the operative definition of “Federal public benefit” under 8 U.S.C. 1611(c). Congress would have no need to carve something out that would not otherwise be covered in the first instance under the “Federal public benefit” definition. As such, the general definition of “Federal public benefit” is best understood to include “assistance” similar to the “deliver[y] [of] in-kind services at the community level, including through public or private nonprofit agencies” where such benefits have not been specifically excluded by 8 U.S.C. 1611(b)(1).

The DCL essentially ignored Congress's decision to include Federal public benefits delivered through “assistance,” narrowing its analysis not only to Federal public benefits as “payment,” but even further still to whether that assistance was similar to “postsecondary [. . .] financial assistance to individual students.” The rule against surplusage requires us “to avoid rendering superfluous any statutory language.” Hibbs v. Winn, 542 U.S. 88, 101 (2004). Here, the DCL did not give independent meaning to the word “assistance,” improperly rendering it superfluous. Instead, as demonstrated above, Congress clearly contemplated that Federal public benefits could cover assistance provided from entities to “individual[s], household, or family eligibility unit,” even when that assistance is provided through an “in-kind” non-money benefit “at the community level, including through public or private nonprofit agencies.”

Next, we consider one of the three rules of statutory construction that Congress included under 8 U.S.C. 1643(a)(2) which provides that nothing within [Title IV of the Act] may be construed as “addressing alien eligibility for a basic public education as determined by the Supreme Court of the United States under Plyler v. Doe (457 U.S. 202) (1982).” In effect, this provision codifies the holding of that case into the statute. Therefore, when construing PRWORA, the Department's interpretation may not otherwise contravene Plyler.

Plyler' s holding was expressly grounded in the Fourteenth Amendment, as applied to States, and the ability of States to impose unique restrictions on alien eligibility absent “some articulable federal policy[.]” There is nothing in Plyler' s holding that addresses the ability of the Federal government to deny benefits (be they educational or other) based on alienage, and expressly noted that “[i]n light of our disposition of the Fourteenth Amendment issue, we have no occasion to reach this claim [of pre-emption by federal law and policy].” The inclusion of 8 U.S.C. 1643(a)(2)'s limitation that PRWORA was not intended to “addres[s] alien eligibility for a basic public education” is thus best understood as instructive toward the other provisions of PRWORA that speak to “State authority to make determinations concerning the eligibility of qualified aliens for public benefits”, 8 U.S.C. 1601(7), and the provision of “State or local public benefits” 8 U.S.C. 1621-1625.

A harmonious reading of Plyler, 8 U.S.C. 1643(a)(2), and the ability of Congress to regulate the provision of “Federal public benefits” is thus readily apparent. Scalia & Garner, supra, at 180 (“The imperative of harmony among provisions is more categorical than most other canons of construction because it is invariably true that intelligent drafters do not contradict themselves.”) Indeed, such a harmonious reading is necessary as the text itself of Plyler, incorporating its antecedents, specifically noted that “it is the business of the political branches of the Federal Government, rather than that of either the States or the Federal Judiciary, to regulate the conditions of entry and residence of aliens.” Mathews v. Diaz, 426 U.S. 67, 84 (1976).

Furthermore, Plyler focused on the unique position of children who have “little control” over their immigration status. In Plyler, the Court noted that “it is thus difficult to conceive of a rational justification for penalizing these children for their presence within the United States.” The Court's rationale for protecting the ability of minors to attend school stands in contrast to adults who do have the ability to control their actions and movement. Indeed, the Court noted that the “undocumented status” of adults is not “an absolutely immutable characteristic since it is the product of conscious, indeed unlawful, action.” As such, the Department does not interpret the holding in Plyler as conferring any rights to adults. Nor does the holding in Plyler reach the question as to whether a minor has the right to postsecondary education (such as a 17-year-old individual who may wish to enroll in postsecondary programs, like dual enrollment) or adult training programs that are not included within a “basic public education”.

Therefore, the Department interprets and finds that “Federal public benefits” under 8 U.S.C. 1611(c)(1) includes all educational benefits that are provided to individuals, households, or family eligibility units, regardless of age, and including when benefits are provided as in-kind services at the community level, such as through public or private nonprofit agencies, except those benefits that are basic public education benefits under Plyler. In codifying the exceptions under Plyler, Congress made clear the term “Federal public benefits” does not cover basic public education benefits that are received by children. At the same time, “Federal education benefits” does include postsecondary education benefits provided regardless of age, as Plyler did not address postsecondary benefits and PRWORA explicitly calls for such benefits to be included. 8 U.S.C. 1611(c)(1)(B).

In other words, non-qualified alien adults are not permitted to receive education benefits (postsecondary education benefits or otherwise) and non-qualified alien children are not eligible to receive postsecondary education benefits and certain other education benefits, so long as such benefits are not basic public education benefits. Postsecondary education benefits include dual enrollment and other similar early college programs that provide opportunities to earn college level credits while participating in a secondary education program, because those programs provide individualized payments or assistance beyond that of a basic public education. This interpretation does not apply to specific later in time statutory exceptions, including under 20 U.S.C. 1070e. In sum, this reading of the statute respects the statutory command to adhere to the holding in Plyler, while appropriately capturing the statutory directive to include “other similar benefits” within the meaning of a “Federal public benefit” under PRWORA.

Of note, the 1997 DCL cited the Congressional conference report to PRWORA. The DCL claimed that with respect to section 401 of PRWORA, the conference report said that “the intent of the conferees is that Title I, part A of the Elementary and Secondary Education Act would not be affected by section 401 because the benefit is not provided to an individual household or family eligibility unit.”  2 Use of legislative committee reports like this is disfavored because these reports do not go undergo the ordinary legislative process of bicameralism and presentment. In other words, Congress did not vote on the conference report, nor should we assume Members of Congress actually read the report. See, e.g., Blanchard v. Bergeron, 489 U.S. 87, 98-99 (1989) (Scalia, J., concurring) (“As anyone familiar with modern-day drafting of congressional committee reports is well aware, the references to the cases [in the committee report] were inserted, at best by a committee staff member on his or her own initiative, and at worst by a committee staff member at the suggestion of a lawyer-lobbyist . . . What a heady feeling it must be for a young staffer, to know that his or her citation of obscure district court cases can transform them into the law of the land . . .”). As such, the Department declines to consider the non-authoritative conference report from PRWORA when interpreting the statute, as it is unreliable in ascertaining the meaning of the text.

As it relates to additional programs under the Department's administration, we interpret PRWORA to apply to benefits provided to individuals under programs authorized under Title II of the Workforce Innovation and Opportunity Act of 2014 (WIOA) and career and technical education (CTE) programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006, as amended (Perkins V), as well as benefits provided through postsecondary education programs.

First, it is clear that these programs are all provided through “appropriated funds of the United States” because the Department receives these funds under appropriations laws passed by Congress. See e.g., FY 2025 Full-Year Continuing Appropriations and Extensions Act, Public Law 119-4, § 1101(a)(8) 139 Stat. 9, 11. Second, whether as an enumerated benefit or “other similar benefit,” these programs provide “payments or assistance” to “an individual, household, or family eligibility unit[.]”

Under WIOA, the Department administers Title II Adult Education and Literacy Activities, which provides grants to States to support adult education and literacy activities. 29 U.S.C. 3291, 3303. State agencies, in turn, may award grants or enter into contracts with eligible providers who provide adult education and literacy services to eligible individuals. An “eligible individual” is an individual who

(A) who has attained 16 years of age;

(B) who is not enrolled or required to be enrolled in secondary school under State law; and

(C) who—

(i) is basic skills deficient;

(ii) does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or

(iii) is an English language learner.

The Department interprets Title II WIOA programs to provide “Federal public benefits” because these educational programs: (1) are “similar benefits,” within the meaning of 8 U.S.C. 1611(c)(1)(B), because the programs provide educational services to adults and children who lack certain skills or abilities (as discussed in further detail above); (2) are provided on a non-cash and in-kind basis to individuals, and therefore are a form of “assistance [. . .] to an individual” eligibility unit as defined under 8 U.S.C. 1611(c)(1)(B); and (3) are not specifically exempted under PRWORA. As discussed above, the Department interprets PRWORA to apply to adults receiving any form of educational benefits and children receiving educational benefits other than a “basic public education.”

The Department interprets Title II WIOA benefits to be distinct from the provision of a “basic public education” by State and local governments under Plyler because, among other distinctions, these benefits are provided to individuals in addition to the basic public education already provided by States to minors of compulsory attendance age. Under Title II of WIOA, any minor who had aged out of compulsory secondary school attendance would further have to drop out of the basic public education offered by their State in order to be eligible for Title II WIOA benefits. Plyler, in addition to highlighting the compulsory nature of basic public education, did not confer illegal immigrant children aging out of basic public education with the right to drop out of secondary school in favor of alternative educational programs, such as those designed for adults under WIOA. As such, the Title II WIOA programs provide “Federal public benefits” that are distinct from and are not included within a basic public education under Plyler.

Under Perkins V, the Department administers the Basic Grants to States program which is a formula grant for career and technical education to States to support the development and implementation of programs for individuals who are in need of such career and technical education. Congress provided that the purpose of Perkins V, among other things, is to “to develop more fully the academic knowledge and technical and employability skills of secondary education students and postsecondary education students who elect to enroll in career and technical education programs and programs of study.” 20 U.S.C. 2301. Although Perkins V does not explicitly create a test for eligibility, it is clear the educational benefits that flow from these programs are designed to benefit students who are individuals. Indeed, the very definition of “career and technical education” under Perkins V highlights that CTE is always an individual good as it is provided through “a sequence of courses,” “competency-based, work-based, or other applied learning” or “career exploration” that can only be received or experienced by an individual for their personal development. 20 U.S.C. 2302(5). Perkins V benefits flow from the Federal government to states, and then to local recipients, who provide educational assistance to individual students in a non-cash in-kind manner.

Perkins V funds programs for individuals both at the secondary and postsecondary levels. 20 U.S.C. 2301. Students may receive Perkins V benefits while enrolled in secondary school. In contrast to Title II WIOA benefits, Perkins V benefits do not require students to drop out or have aged out of secondary school compulsory attendance in order to receive such benefits and are thus provided as part of a “basic public education” in those limited circumstances. As such, these benefits, when provided to minors in the secondary school setting, are basic public education benefits that are protected under Plyler.

Therefore, the Department interprets Perkins V programs to provide “Federal public benefits” because these educational programs: (1) are “similar benefits,” within the meaning of 8 U.S.C. 1611(c)(1)(B), because the programs provide career and technical educational services to adults and children who lack certain skills or abilities; (2) are provided on a non-cash and in-kind basis to individuals, and therefore are a form of “assistance” as defined under 8 U.S.C. 1611(c)(1)(B); and (3) are not specifically exempted under PRWORA, except that Perkins V programs that support minors in the secondary school setting are basic public education benefits and are not “Federal public benefits.” 8 U.S.C. 1643. 3

Grantees that may have existing legal obligations under PRWORA may seek to verify eligibility using, among other things: (1) the Department of Homeland Security (DHS) Systematic Alien Verification for Entitlements (SAVE) program;  4 (2) review of U.S. birth certificates; (3) review of REAL ID compliant identification cards (ineligible aliens are not able to obtain such IDs); (4) DHS issued documentation verifying immigration status; or (5) other methods to verify eligibility.

In addition, the Department notes that there are existing legal exemptions from verification requirements for nonprofit charitable organizations administering “Federal public benefits”. Nonprofit charitable organizations that administer “Federal public benefits” are not required to conduct eligibility verification under 8 U.S.C. 1642(d). The exemption in 8 U.S.C. 1642(d) is narrowly crafted and does not include other entities administering “Federal public benefits”. Accordingly, the Department does not interpret 8 U.S.C. 1642(d) to relieve states or other governmental entities involved in the administration of “Federal public benefits” from the requirements to ensure that all relevant programs are in compliance with PRWORA (even when some or all educational services are ultimately provided by a nonprofit charitable organization). Grantees may, consistent with 2 CFR 200.413(b)-(c) and 2 CFR 200.405(d), charge direct administrative costs associated with verification as an allocable benefit that can be reasonably documented toward each grant award.

Unless required by Departmental regulations, grantees have no affirmative obligation to report on verification to the Department. Because this interpretative rule is not legislative, the Department lacks the ability to require affirmative reporting.

Interpretive rules cannot have effective dates. Rather, this interpretive rule informs the public of the Department's interpretation of the law. See Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 920 F.3d 1, 20 (D.C. Cir. 2019) (holding that an interpretive rule cannot have an effective date and is instead an interpretation of how the law should be interpreted, past and present). The Department may, but is not required to, exercise its enforcement discretion to refrain from taking actions against grantees in certain circumstances.

This interpretive rule finds that Federal programs administered by the Department that provide postsecondary education and other similar benefits, including adult education and CTE programs, are “Federal public benefits” subject to the citizenship and immigration verification requirements of PRWORA, so long as such benefits are not protected under Plyler as part of a basic public education. This interpretation of adult education and covered CTE programs as providing “Federal public benefits” also includes programs that provide dual enrollment and other similar early college programs that go beyond providing a basic public education to prepare students for credit accumulation, degree attainment, or to enter the workforce. Therefore, entities administrating these programs may consider this interpretation when taking action to comply with PRWORA. This interpretation represents the Department's current position on the issue and may be referenced when enforcing or monitoring grantee and subgrantee compliance with PRWORA.

Accessible Format: On request to the program contact listed under FOR FURTHER INFORMATION CONTACT , individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format.

Electronic Access to This Document: The official version of this document is the document published in the Federal Register . You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register , in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.

You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

This document of the U.S. Department of Education was signed on July 8, 2025, by Linda E. McMahon, Secretary of Education. That document with the original signature and date is maintained by the U.S. Department of Education. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned has been authorized to sign the document in electronic format for publication, as an official document of the U.S. Department of Education. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

The United States Department of Energy (DOE) regulates electricity exports from the United States to foreign countries in accordance with section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 824a(e)) and regulations thereunder (10 CFR 205.300 et seq. ). Sections 301(b) and 402(f) of the DOE Organization Act (42 U.S.C. 7151(b) and 7172(f)) transferred this regulatory authority, previously exercised by the now-defunct Federal Power Commission, to DOE.

Section 202(e) of the FPA provides that an entity which seeks to export electricity must obtain an order from DOE authorizing that export (16 U.S.C. 824a(e)). On April 10, 2023, the authority to issue such orders was delegated to the DOE's Grid Deployment Office (GDO) under Redelegation Order No. S3-DEL-GD1-2023.

On May 6, 2025, DRW Energy filed an application (Application or App.) for authorization to transmit electric energy from the United States to Canada for a term of ten years. App. at 1.

According to the Application, DRW Energy is a power marketer with its principal place of business in Houston, Texas. Id. at 1. The Applicant states that it is “the wholly owned subsidiary of DRW Holdings, LLC.” Id. DRW Energy represents that “The Federal Energy Regulatory Commission (FERC) has granted [it] authority to sell wholesale power at market-based rates under a market-based rate tariff.” Id. at 1-2 & Exhibit G.

DRW Energy represents that it will purchase “power to be exported from a variety of sources, including but not limited to, power marketers, independent power producers, or U.S. electric utilities and federal power marketing entities.” App. at 2. The Applicant thus asserts that because this power is surplus to the system of the generator, its proposed exports “will not impair the sufficiency of the electric power supply within the United States.” Id.

DRW Energy further asserts that its proposed exports will not impair or tend to impede the sufficiency of electric supplies in the U.S. or the regional coordination of electric utility planning or operations. App. at 3. The Applicant states that it “will make all necessary commercial arrangements and will obtain any other required regulatory approvals to schedule and deliver its power exports.” Id. The Applicant states that the electricity it plans to export “will be transmitted under arrangements with utilities that own and operate existing transmission facilities, consistent with the export limitations and other terms and conditions contained in existing Presidential Permits and electricity export authorizations associated with these transmission facilities.” Id. The Applicant further states it will schedule transactions in compliance with reliability standards and guidelines established by the North American Reliability Corporation. Id.

The existing international transmission facilities to be utilized by the Applicant have been previously authorized by Presidential permits issued pursuant to Executive Order 10485, as amended, and are appropriate for open access transmission by third parties. See App. at Exhibit C.

Procedural Matters: Any person desiring to be heard in this proceeding should file a comment or protest to the Application at Electricity.Exports@hq.doe.gov . Protests should be filed in accordance with Rule 211 of FERC's Rules of Practice and Procedure (18 CFR 385.211). Any person desiring to become a party to this proceeding should file a motion to intervene at Electricity.Exports@hq.doe.gov in accordance with FERC Rule 214 (18 CFR 385.214).

Comments and other filings concerning DRW Energy's Application should be clearly marked with GDO Docket No. EA-524. Additional copies are to be provided directly to Michael J. Lowell, Esq., Reed Smith LLP, 1301 K Street, NW, Suite 1000—East Tower, Washington, DC 20005, mlowell@reedsmith.com; Jon Hoff, DRW Energy Trading LLC, 1500 Post Oak Blvd., Suite 1625, Houston, TX 77056, jhoff@drwholdings.com .

A final decision will be made on the requested authorization after the environmental impacts have been evaluated pursuant to DOE's National Environmental Policy Act Implementing Procedures (10 CFR part 1021) and after DOE evaluates whether the proposed action will have an adverse impact on the sufficiency of supply or reliability of the United States electric power supply system.

Copies of this Application will be made available, upon request, by accessing the program website at https://www.energy.gov/gdo/pending-applications-0 or by emailing Electricity.Exports@hq.doe.gov .

This document of the Department of Energy was signed on July 7, 2025, by Chris Wright, Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

Purpose of the Board: The purpose of the Board is to provide advice and recommendations concerning the following EM site-specific issues: clean-up activities and environmental restoration; waste and nuclear materials management and disposition; excess facilities; future land use and long-term stewardship. The Board may also be asked to provide advice and recommendations on other EM program components. The Board also provides an avenue to fulfill public participation requirements outlined in the National Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERLA), the Resource Conservation and Recovery Act (RCRA), Federal Facility Agreements, Consent Orders, Consent Decrees and Settlement Agreements.

Tentative Agenda: (agenda topics are subject to change; please contact Meegan Tripp for the most current agenda)

Public Participation: The meeting is open to the public and public comment can be given orally or in writing. Fifteen minutes are allocated during the meeting for public comment and those wishing to make oral comment will be given a maximum of two minutes to speak. Written comments received at least two working days prior to the meeting will be provided to the members and included in the meeting minutes. Written comments received within two working days after the meeting will be included in the minutes. For additional information on public comment and to submit written comment, please contact Meegan Tripp. The EM SSAB, Hanford, welcomes the attendance of the public at its meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Meegan Tripp at least seven days in advance of the meeting.

Meeting conduct: The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Questioning of board members or presenters by the public is not permitted.

Minutes: Minutes will be available at the following website: https://www.hanford.gov/page.cfm/hab/FullBoardMeetingInformation.

Signing Authority: This document of the Department of Energy was signed on July 9, 2025, by Alyssa Petit, Deputy Committee Management Officer, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

The United States Department of Energy (DOE) regulates electricity exports from the United States to foreign countries in accordance with section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 824a(e)) and regulations thereunder (10 CFR 205.300 et seq. ). Sections 301(b) and 402(f) of the DOE Organization Act (42 U.S.C. 7151(b) and 7172(f)) transferred this regulatory authority, previously exercised by the now-defunct Federal Power Commission, to DOE.

Section 202(e) of the FPA provides that an entity which seeks to export electricity must obtain an order from DOE authorizing that export (16 U.S.C. 824a(e)). On April 10, 2023, the authority to issue such orders was delegated to the DOE's Grid Deployment Office (GDO) under Redelegation Order No. S3-DEL-GD1-2023.

On May 6, 2025, DRW Energy filed an application (Application or App.) for authorization to transmit electric energy from the United States to Mexico for a term of ten years. App. at 1.

According to the Application, DRW Energy is a power marketer with its principal place of business in Houston, Texas. Id. at 1. The Applicant states that it is “the wholly owned subsidiary of DRW Holdings, LLC.” Id. DRW Energy represents that “The Federal Energy Regulatory Commission (FERC) has granted [it] authority to sell wholesale power at market-based rates under a market-based rate tariff.” Id. at 1-2 & Exhibit G.

DRW Energy represents that it will purchase “power to be exported from a variety of sources, including but not limited to, power marketers, independent power producers, and U.S. electric utilities and federal power marketing entities.” App. at 2. The Applicant thus asserts that because this power is surplus to the system of the generator, its proposed exports “will not impair the sufficiency of the electric power supply within the United States.” Id.

DRW Energy further asserts that its proposed exports will not impair or tend to impede the sufficiency of electric supplies in the U.S. or the regional coordination of electric utility planning or operations. App. at 3. The Applicant states that it “will make all necessary commercial arrangements and will obtain any other required regulatory approvals to schedule and deliver its power exports.” Id. The Applicant states that the electricity it plans to export “will be transmitted under arrangements with utilities that own and operate existing transmission facilities, consistent with the export limitations and other terms and conditions contained in existing Presidential Permits and electricity export authorizations associated with these transmission facilities.” Id. The Applicant further states it will schedule transactions in compliance with reliability standards and guidelines established by the North American Reliability Corporation. Id.

The existing international transmission facilities to be utilized by the Applicant have been previously authorized by Presidential permits issued pursuant to Executive Order 10485, as amended, and are appropriate for open access transmission by third parties. See App. at Exhibit C.

Procedural Matters: Any person desiring to be heard in this proceeding should file a comment or protest to the Application at Electricity.Exports@hq.doe.gov. Protests should be filed in accordance with Rule 211 of FERC's Rules of Practice and Procedure (18 CFR 385.211). Any person desiring to become a party to this proceeding should file a motion to intervene at Electricity.Exports@hq.doe.gov in accordance with FERC Rule 214 (18 CFR 385.214).

Comments and other filings concerning DRW Energy's Application should be clearly marked with GDO Docket No. EA-525. Additional copies are to be provided directly to Michael J. Lowell, Esq., Reed Smith LLP, 1301 K Street NW, Suite 1000—East Tower, Washington, DC 20005, mlowell@reedsmith.com; Jon Hoff, DRW Energy Trading LLC, 1500 Post Oak Blvd., Suite 1625, Houston, TX 77056, jhoff@drwholdings.com.

A final decision will be made on the requested authorization after the environmental impacts have been evaluated pursuant to DOE's National Environmental Policy Act Implementing Procedures (10 CFR part 1021) and after DOE evaluates whether the proposed action will have an adverse impact on the sufficiency of supply or reliability of the United States electric power supply system.

Copies of this Application will be made available, upon request, by accessing the program website at https://www.energy.gov/gdo/pending-applications-0 or by emailing Electricity.Exports@hq.doe.gov.

This document of the Department of Energy was signed on July 7, 2025, by Chris Wright, Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

Purpose of the Board: The purpose of the Board is to provide advice and recommendations concerning the following EM site-specific issues: clean-up activities and environmental restoration; waste and nuclear materials management and disposition; excess facilities; future land use and long-term stewardship. The Board may also be asked to provide advice and recommendations on other EM program components. The Board also provides an avenue to fulfill public participation requirements outlined in the National Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERLA), the Resource Conservation and Recovery Act (RCRA), Federal Facility Agreements, Consent Orders, Consent Decrees and Settlement Agreements.

Tentative Agenda: (agenda topics are subject to change; please email orssab@orem.doe.gov for the most current agenda)

Public Participation: The meeting is open to the public and public comment can be given orally or in writing. Fifteen minutes are allocated during the meeting for public comment and those wishing to make oral comment will be given a minimum of two minutes to speak. Written comments received at least two working days prior to the meeting will be provided to the members and included in the meeting minutes. Written comments received within two working days after the meeting will be included in the minutes. For additional information on public comment and to submit written comment, please email orssab@orem.doe.gov. The EM SSAB, Oak Ridge, welcomes the attendance of the public at its meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Melyssa P. Noe at least seven days in advance of the meeting.

Meeting conduct: The Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Questioning of board members or presenters by the public is not permitted.

Minutes: Minutes will be available at the following website: https://www.energy.gov/orem/listings/oak-ridge-site-specific-advisory-board-meetings.

Signing Authority: This document of the Department of Energy was signed on July 9, 2025, by Alyssa Petit, Deputy Committee Management Officer, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .