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    <VOL>90</VOL>
    <NO>179</NO>
    <DATE>Thursday, September 18, 2025</DATE>
    <UNITNAME>Contents</UNITNAME>
    <CNTNTS>
        <AGCY>
            <EAR>
                Safety Enviromental Enforcement
                <PRTPAGE P="iii"/>
            </EAR>
            <HD>Bureau of Safety and Environmental Enforcement </HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Oil and Gas Well-Workover Operations, </SJDOC>
                    <PGS>45052-45053</PGS>
                    <FRDOCBP>2025-18051</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Civil Rights</EAR>
            <HD>Civil Rights Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Indiana Advisory Committee, </SJDOC>
                    <PGS>45018-45019</PGS>
                    <FRDOCBP>2025-18017</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oregon Advisory Committee, </SJDOC>
                    <PGS>45018</PGS>
                    <FRDOCBP>2025-18098</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>45018</PGS>
                    <FRDOCBP>2025-18074</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Coast Guard</EAR>
            <HD>Coast Guard</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Safety Zone:</SJ>
                <SJDENT>
                    <SJDOC>San Pedro Bay, Long Beach, CA, </SJDOC>
                    <PGS>44984-44985</PGS>
                    <FRDOCBP>2025-18094</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Commerce</EAR>
            <HD>Commerce Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>International Trade Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Oceanic and Atmospheric Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Committee for Purchase</EAR>
            <HD>Committee for Purchase From People Who Are Blind or Severely Disabled</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Hearings, Meetings, Proceedings, etc., </DOC>
                    <PGS>45023</PGS>
                    <FRDOCBP>2025-18065</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Procurement List; Additions and Deletions, </DOC>
                    <PGS>45023-45024</PGS>
                    <FRDOCBP>2025-18064</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Commodity Futures</EAR>
            <HD>Commodity Futures Trading Commission</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Requirements for Designated Contract Markets and Swap Execution Facilities Regarding Governance and the Mitigation of Conflicts of Interest Impacting Market Regulation Functions; Withdrawal, </DOC>
                    <PGS>45007</PGS>
                    <FRDOCBP>2025-18070</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>45024-45025</PGS>
                    <FRDOCBP>2025-18072</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Corporation</EAR>
            <HD>Corporation for National and Community Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>National Civilian Community Corps Service Project Application, </SJDOC>
                    <PGS>45025</PGS>
                    <FRDOCBP>2025-18018</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Drug</EAR>
            <HD>Drug Enforcement Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Schedules of Controlled Substances:</SJ>
                <SJDENT>
                    <SJDOC>Placement of Seven Specific Fentanyl-Related Substances in Schedule I, </SJDOC>
                    <PGS>44979-44984</PGS>
                    <FRDOCBP>2025-18103</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Education Department</EAR>
            <HD>Education Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>2024-2025 Award Year Deadline Dates:</SJ>
                <SJDENT>
                    <SJDOC>Reports and Other Records Associated with the Free Application for Federal Student Aid, Federal Supplemental Educational Opportunity Grant Program, etc., </SJDOC>
                    <PGS>45027-45031</PGS>
                    <FRDOCBP>2025-18016</FRDOCBP>
                </SJDENT>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Independent Living Services for Older Individuals Who are Blind Annual Report, </SJDOC>
                    <PGS>45026</PGS>
                    <FRDOCBP>2025-18063</FRDOCBP>
                </SJDENT>
                <SJ>Applications for New Awards:</SJ>
                <SJDENT>
                    <SJDOC>High School Equivalency Program and the College Assistance Migrant Program; Withdrawal, </SJDOC>
                    <PGS>45031</PGS>
                    <FRDOCBP>2025-18052</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Strengthening Alaska Native and Native Hawaiian-Serving Institutions Part A, Strengthening Asian American and Native American Pacific Islander-Serving Institutions Part A, etc.; Withdrawal, </SJDOC>
                    <PGS>45026-45027</PGS>
                    <FRDOCBP>2025-18019</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Energy Department</EAR>
            <HD>Energy Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Energy Regulatory Commission</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>45031-45032</PGS>
                    <FRDOCBP>2025-18073</FRDOCBP>
                </DOCENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Environmental Management Site-Specific Advisory Board, Paducah; Cancellation, </SJDOC>
                    <PGS>45036</PGS>
                    <FRDOCBP>2025-18024</FRDOCBP>
                </SJDENT>
                <SJ>Request for Information:</SJ>
                <SJDENT>
                    <SJDOC>Accelerating Speed to Power/Winning the Artificial Intelligence Race: Federal Action to Rapidly Expand Grid Capacity and Enable Electricity Demand Growth, </SJDOC>
                    <PGS>45032-45036</PGS>
                    <FRDOCBP>2025-18058</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Environmental Protection</EAR>
            <HD>Environmental Protection Agency</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Air Quality State Implementation Plans; Approvals and Promulgations:</SJ>
                <SJDENT>
                    <SJDOC>Guam; Clean Data Determination for the Piti-Cabras Nonattainment Area for the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard, </SJDOC>
                    <PGS>44985-44987</PGS>
                    <FRDOCBP>2025-18067</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Guam; Guam Environmental Protection Agency; New Source Review, </SJDOC>
                    <PGS>44987-44991</PGS>
                    <FRDOCBP>2025-18062</FRDOCBP>
                </SJDENT>
                <SJ>State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference:</SJ>
                <SJDENT>
                    <SJDOC>Hawaii; Amendment to Approval, </SJDOC>
                    <PGS>44991-44998</PGS>
                    <FRDOCBP>2025-18057</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Renewable Fuel Standard Program:</SJ>
                <SJDENT>
                    <SJDOC>Standards for 2026 and 2027, Partial Waiver of 2025 Cellulosic Biofuel Volume Requirement, and Other Changes, </SJDOC>
                    <PGS>45007-45017</PGS>
                    <FRDOCBP>2025-18111</FRDOCBP>
                </SJDENT>
                <SJ>State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference:</SJ>
                <SJDENT>
                    <SJDOC>Hawaii; Final Approval, </SJDOC>
                    <PGS>45017</PGS>
                    <FRDOCBP>2025-18056</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Equal</EAR>
            <HD>Equal Employment Opportunity Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Performance Review Board Members, </DOC>
                    <PGS>45040</PGS>
                    <FRDOCBP>2025-18035</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Aviation</EAR>
            <HD>Federal Aviation Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, </SJDOC>
                    <PGS>44959-44961</PGS>
                    <FRDOCBP>2025-18088</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Airbus Helicopters, </SJDOC>
                    <PGS>44962-44964</PGS>
                    <FRDOCBP>2025-18083</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Airbus SAS Airplanes, </SJDOC>
                    <PGS>44957-44959, 44964-44967</PGS>
                    <FRDOCBP>2025-18086</FRDOCBP>
                      
                    <FRDOCBP>2025-18087</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>The Boeing Company Airplanes, </SJDOC>
                    <PGS>44967-44969</PGS>
                    <FRDOCBP>2025-18085</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <PRTPAGE P="iv"/>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Notice of Construction, Alteration and Deactivation of Airports, </SJDOC>
                    <PGS>45098-45099</PGS>
                    <FRDOCBP>2025-18069</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Rescission of Unmanned Aircraft Systems Operations Over People Declaration of Compliance, Tracking No. OOP000000176 for Skydio X10 with AVSS Parachute Recovery System (PRS-X10), </DOC>
                    <PGS>45099</PGS>
                    <FRDOCBP>2025-18099</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Rescission of Unmanned Aircraft Systems Operations Over People Declaration of Compliance, Tracking No. OOP000000178 for DJI Mavic 3 Multispectral (M3M) with AVSS Parachute Recovery System, </DOC>
                    <PGS>45099-45100</PGS>
                    <FRDOCBP>2025-18100</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Energy</EAR>
            <HD>Federal Energy Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>45038-45039</PGS>
                    <FRDOCBP>2025-18091</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Combined Filings, </DOC>
                    <PGS>45036, 45039-45040</PGS>
                    <FRDOCBP>2025-18054</FRDOCBP>
                      
                    <FRDOCBP>2025-18055</FRDOCBP>
                </DOCENT>
                <SJ>Environmental Assessments; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Pacific Gas and Electric Co.; Proposed Project Relicense, </SJDOC>
                    <PGS>45039</PGS>
                    <FRDOCBP>2025-18092</FRDOCBP>
                </SJDENT>
                <SJ>Request under Blanket Authorization:</SJ>
                <SJDENT>
                    <SJDOC>Florida Gas Transmission Co., LLC, </SJDOC>
                    <PGS>45036-45038</PGS>
                    <FRDOCBP>2025-18025</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Reserve</EAR>
            <HD>Federal Reserve System</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Change in Bank Control:</SJ>
                <SJDENT>
                    <SJDOC>Acquisitions of Shares of a Bank or Bank Holding Company, </SJDOC>
                    <PGS>45040-45041</PGS>
                    <FRDOCBP>2025-18084</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Drug</EAR>
            <HD>Food and Drug Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Microbiology Devices:</SJ>
                <SJDENT>
                    <SJDOC>Reclassification of Antigen, Antibody, and Nucleic Acid-Based Hepatitis B Virus Assay Devices, </SJDOC>
                    <PGS>44969-44978</PGS>
                    <FRDOCBP>2025-18082</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Radiological Health, </DOC>
                    <PGS>44978-44979</PGS>
                    <FRDOCBP>2025-18080</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Priority Review Voucher:</SJ>
                <SJDENT>
                    <SJDOC>Fee Rate in Fiscal Year 2026, </SJDOC>
                    <PGS>45041-45044</PGS>
                    <FRDOCBP>2025-18075</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Assets</EAR>
            <HD>Foreign Assets Control Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Sanctions Action, </DOC>
                    <PGS>45104-45114</PGS>
                    <FRDOCBP>2025-18093</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Health and Human</EAR>
            <HD>Health and Human Services Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Drug Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Institutes of Health</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Substance Abuse and Mental Health Services Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Homeland</EAR>
            <HD>Homeland Security Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Coast Guard</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>U.S. Citizenship and Immigration Services</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Hungary Electronic System for Travel Authorization Validity and Eligibility, </DOC>
                    <PGS>45046-45047</PGS>
                    <FRDOCBP>2025-18031</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Housing</EAR>
            <HD>Housing and Urban Development Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Alternative Inspections - Housing Choice Voucher Program, </SJDOC>
                    <PGS>45051</PGS>
                    <FRDOCBP>2025-18049</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Interior</EAR>
            <HD>Interior Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Bureau of Safety and Environmental Enforcement </P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Ocean Energy Management Bureau</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>International Trade Adm</EAR>
            <HD>International Trade Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Binational Panel Review:</SJ>
                <SJDENT>
                    <SJDOC>United States-Mexico-Canada Agreement, </SJDOC>
                    <PGS>45019</PGS>
                    <FRDOCBP>2025-18048</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>International Trade Com</EAR>
            <HD>International Trade Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Investigations; Determinations, Modifications, and Rulings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Ceramic Tile from China, </SJDOC>
                    <PGS>45054-45055</PGS>
                    <FRDOCBP>2025-18090</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Certain Disposable Vaporizer Devices, </SJDOC>
                    <PGS>45056-45057</PGS>
                    <FRDOCBP>2025-18036</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Certain Smart Televisions, </SJDOC>
                    <PGS>45053-45054</PGS>
                    <FRDOCBP>2025-18032</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Unwrought Pallidum from Russia, </SJDOC>
                    <PGS>45055</PGS>
                    <FRDOCBP>2025-18034</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Justice Department</EAR>
            <HD>Justice Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Drug Enforcement Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Labor Department</EAR>
            <HD>Labor Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Occupational Safety and Health Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>National Highway</EAR>
            <HD>National Highway Traffic Safety Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>National Roadside Survey of Alcohol and Drug Prevalence of Road Users: 2025, </SJDOC>
                    <PGS>45102-45104</PGS>
                    <FRDOCBP>2025-18068</FRDOCBP>
                </SJDENT>
                <SJ>Requests for Nominations:</SJ>
                <SJDENT>
                    <SJDOC>Motorcyclist Advisory Council, </SJDOC>
                    <PGS>45100-45101</PGS>
                    <FRDOCBP>2025-18097</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Emergency Medical Services Advisory Council, </SJDOC>
                    <PGS>45101-45102</PGS>
                    <FRDOCBP>2025-18096</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Institute</EAR>
            <HD>National Institutes of Health</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>National Library of Medicine, </SJDOC>
                    <PGS>45044</PGS>
                    <FRDOCBP>2025-18037</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Oceanic</EAR>
            <HD>National Oceanic and Atmospheric Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Fisheries off West Coast States:</SJ>
                <SJDENT>
                    <SJDOC>Pacific Coast Groundfish Fishery; 2025-2026 Biennial Specifications and Management Measures; Inseason Adjustments, </SJDOC>
                    <PGS>44998-45006</PGS>
                    <FRDOCBP>2025-18079</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>West Coast Groundfish Trawl Logbook, </SJDOC>
                    <PGS>45022</PGS>
                    <FRDOCBP>2025-18104</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Pacific Fishery Management Council, </SJDOC>
                    <PGS>45019-45020</PGS>
                    <FRDOCBP>2025-18044</FRDOCBP>
                </SJDENT>
                <SJ>Permits; Applications, Issuances, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Marine Mammals; File No. 29090, </SJDOC>
                    <PGS>45022-45023</PGS>
                    <FRDOCBP>2025-18020</FRDOCBP>
                </SJDENT>
                <SJ>Taking or Importing of Marine Mammals:</SJ>
                <SJDENT>
                    <SJDOC>Geophysical Surveys Related to Oil and Gas Activities in the Gulf of America (formerly Gulf of Mexico), </SJDOC>
                    <PGS>45020-45022</PGS>
                    <FRDOCBP>2025-18027</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Occupational Safety Health Adm</EAR>
            <HD>Occupational Safety and Health Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Derricks Standard, </SJDOC>
                    <PGS>45057-45058</PGS>
                    <FRDOCBP>2025-18102</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Ocean Energy Management</EAR>
            <HD>Ocean Energy Management Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Oil and Gas Lease Sale:</SJ>
                <SJDENT>
                    <SJDOC>Outer Continental Shelf, Alaska Region, Cook Inlet Planning Area, Sale 258, </SJDOC>
                    <PGS>45052</PGS>
                    <FRDOCBP>2025-18095</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>
                Postal Regulatory
                <PRTPAGE P="v"/>
            </EAR>
            <HD>Postal Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>New Postal Products, </DOC>
                    <PGS>45058-45059</PGS>
                    <FRDOCBP>2025-18053</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Securities</EAR>
            <HD>Securities and Exchange Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Application:</SJ>
                <SJDENT>
                    <SJDOC>Privacore VPC Asset Backed Credit Fund, et al., </SJDOC>
                    <PGS>45066-45067</PGS>
                    <FRDOCBP>2025-18089</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Rand Capital Corp., et al., </SJDOC>
                    <PGS>45063</PGS>
                    <FRDOCBP>2025-18030</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>45063, 45082</PGS>
                    <FRDOCBP>2025-18076</FRDOCBP>
                      
                    <FRDOCBP>2025-18101</FRDOCBP>
                </DOCENT>
                <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
                <SJDENT>
                    <SJDOC>Cboe BZX Exchange, Inc., </SJDOC>
                    <PGS>45075-45082</PGS>
                    <FRDOCBP>2025-18038</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Investors Exchange LLC, </SJDOC>
                    <PGS>45071-45074</PGS>
                    <FRDOCBP>2025-18041</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>LCH SA, </SJDOC>
                    <PGS>45063-45064</PGS>
                    <FRDOCBP>2025-18046</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MEMX LLC, </SJDOC>
                    <PGS>45059-45063, 45069-45071</PGS>
                    <FRDOCBP>2025-18040</FRDOCBP>
                      
                    <FRDOCBP>2025-18043</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>New York Stock Exchange LLC, </SJDOC>
                    <PGS>45064-45066</PGS>
                    <FRDOCBP>2025-18042</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>NYSE Arca, Inc., </SJDOC>
                    <PGS>45067-45069, 45082-45089</PGS>
                    <FRDOCBP>2025-18039</FRDOCBP>
                      
                    <FRDOCBP>2025-18045</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>The Nasdaq Stock Market LLC, </SJDOC>
                    <PGS>45089-45097</PGS>
                    <FRDOCBP>2025-18047</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Small Business</EAR>
            <HD>Small Business Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Disaster Declaration:</SJ>
                <SJDENT>
                    <SJDOC>Texas, </SJDOC>
                    <PGS>45097</PGS>
                    <FRDOCBP>2025-18071</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>State Department</EAR>
            <HD>State Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Designation as Terrorist or Global Terrorist:</SJ>
                <SJDENT>
                    <SJDOC>Harakat al-Nujaba, Kata'ib Sayyid al-Shuhada, Harakat Ansar Allah al-Awfiya, and Kata'ib al-Imam Ali, </SJDOC>
                    <PGS>45097</PGS>
                    <FRDOCBP>2025-18014</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Substance</EAR>
            <HD>Substance Abuse and Mental Health Services Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Fiscal Year 2025 Supplemental Funding Opportunity, </DOC>
                    <PGS>45044-45045</PGS>
                    <FRDOCBP>2025-18028</FRDOCBP>
                      
                    <FRDOCBP>2025-18029</FRDOCBP>
                      
                    <FRDOCBP>2025-18033</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Surface Transportation</EAR>
            <HD>Surface Transportation Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Quarterly Rail Cost Adjustment Factor, </DOC>
                    <PGS>45097-45098</PGS>
                    <FRDOCBP>2025-18026</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Tennessee</EAR>
            <HD>Tennessee Valley Authority</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Charter Amendments, Establishments, Renewals and Terminations:</SJ>
                <SJDENT>
                    <SJDOC>Regional Energy Resource Council and Regional Resource Stewardship Council, </SJDOC>
                    <PGS>45098</PGS>
                    <FRDOCBP>2025-18077</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Transportation Department</EAR>
            <HD>Transportation Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Aviation Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Highway Traffic Safety Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Treasury</EAR>
            <HD>Treasury Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign Assets Control Office</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>U.S. Citizenship</EAR>
            <HD>U.S. Citizenship and Immigration Services</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Implementation of 2025 Naturalization Civics Test, </DOC>
                    <PGS>45047-45050</PGS>
                    <FRDOCBP>2025-18050</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>U.S. China</EAR>
            <HD>U.S.-China Economic and Security Review Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Hearings, Meetings, Proceedings, etc., </DOC>
                    <PGS>45114-45115</PGS>
                    <FRDOCBP>2025-18081</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AIDS>
            <HD SOURCE="HED">Reader Aids</HD>
            <P>Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.</P>
            <P>To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.</P>
        </AIDS>
    </CNTNTS>
    <VOL>90</VOL>
    <NO>179</NO>
    <DATE>Thursday, September 18, 2025</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <RULES>
        <RULE>
            <PREAMB>
                <PRTPAGE P="44957"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2025-0472; Project Identifier MCAI-2024-00738-T; Amendment 39-23134; AD 2025-18-07]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Airbus SAS Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series airplanes; and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective October 23, 2025.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 23, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-0472; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For European Union Aviation Safety Agency (EASA) material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                        <E T="03">ADs@easa.europa.eu</E>
                        . You may find this material on the EASA website at 
                        <E T="03">ad.easa.europa.eu</E>
                        .
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-0472.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        James Clary, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 817-222-5138; email: 
                        <E T="03">James.Clary@faa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus SAS Model A300-600 series airplanes. The NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on March 25, 2025 (90 FR 13558). The NPRM was prompted by AD 2024-0238, dated December 10, 2024 (EASA AD 2024-0238) (also referred to as the MCAI), issued by EASA, which is the Technical Agent for the Member States of the European Union. The MCAI states that new or more restrictive airworthiness limitations have been developed.
                </P>
                <P>In the NPRM, the FAA proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in EASA AD 2024-0238. The FAA is issuing this AD to address the risks associated with the effects of aging on airplane systems.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2025-0472.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received a comment from Air Line Pilots Association, International (ALPA) who supported the NPRM without change.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>
                    The FAA reviewed EASA AD 2024-0238, which specifies procedures for new or more restrictive airworthiness limitations for airplane structures and safe life limits. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 128 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <P>The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the agency estimates the average total cost per operator to be $7,650 (90 work-hours × $85 per work-hour).</P>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>
                    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of 
                    <PRTPAGE P="44958"/>
                    the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.
                </P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13 </SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2025-18-07 Airbus SAS:</E>
                             Amendment 39-23134; Docket No. FAA-2025-0472; Project Identifier MCAI-2024-00738-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective October 23, 2025.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>This AD affects AD 2018-18-21, Amendment 39-19400 (83 FR 47054, September 18, 2018) (AD 2018-18-21).</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to all Airbus SAS airplanes identified in paragraphs (c)(1) through (4) of this AD, certificated in any category.</P>
                        <P>(1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.</P>
                        <P>(2) Model A300 B4-605R and B4-622R airplanes.</P>
                        <P>(3) Model A300 C4-605R Variant F airplanes.</P>
                        <P>(4) Model A300 F4-605R and F4-622R airplanes.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the risks associated with the effects of aging on airplane systems. The unsafe condition, if not addressed, could result in an increased potential for failure of certain life-limited parts, and reduced structural integrity or controllability of the airplane.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Requirements</HD>
                        <P>Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2024-0238, dated December 10, 2024 (EASA AD 2024-0238).</P>
                        <HD SOURCE="HD1">(h) Exceptions to EASA AD 2024-0238</HD>
                        <P>(1) This AD does not adopt the requirements specified in paragraph (1) of EASA AD 2024-0238.</P>
                        <P>(2) Paragraph (2) of EASA AD 2024-0238 specifies revising “the approved AMP” within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after the effective date of this AD.</P>
                        <P>(3) The initial compliance time for doing the tasks specified in paragraph (2) of EASA AD 2024-0238 is at the applicable “limitations” as incorporated by the requirements of paragraph (2) of EASA AD 2024-0238, or within 90 days after the effective date of this AD, whichever occurs later.</P>
                        <P>(4) This AD does not adopt the provisions specified in paragraph (3) of EASA AD 2024-0238.</P>
                        <P>(5) This AD does not adopt the “Remarks” section of EASA AD 2024-0238.</P>
                        <HD SOURCE="HD1">(i) Provisions for Alternative Actions and Intervals</HD>
                        <P>
                            After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (
                            <E T="03">e.g.,</E>
                             inspections) and intervals are allowed unless they are approved as specified in the provisions of the “Ref. Publications” section of EASA AD 2024-0238.
                        </P>
                        <HD SOURCE="HD1">(j) Terminating Action for Certain Tasks Required by AD 2018-18-21</HD>
                        <P>For the airplanes identified in paragraph (c) of this AD only: Accomplishing the actions required by this AD terminates the corresponding requirements of AD 2018-18-21 for the tasks identified in the material referenced in EASA AD 2024-0238 only.</P>
                        <HD SOURCE="HD1">(k) Additional AD Provisions</HD>
                        <P>The following provisions also apply to this AD:</P>
                        <P>
                            (1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-520, Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (l) of this AD and email to: 
                            <E T="03">AMOC@faa.gov</E>
                            . Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
                        </P>
                        <P>(2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, AIR 520, Continued Operational Safety Branch, FAA; or EASA; or Airbus SAS's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.</P>
                        <HD SOURCE="HD1">(l) Additional Information</HD>
                        <P>
                            For more information about this AD, contact James Clary, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 817-222-5138; email: 
                            <E T="03">James.Clary@faa.gov</E>
                            .
                        </P>
                        <HD SOURCE="HD1">(m) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise.</P>
                        <P>(i) European Union Aviation Safety Agency (EASA) AD 2024-0238, dated December 10, 2024.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                            <E T="03">ADs@easa.europa.eu</E>
                            . You may find this material on the EASA website at 
                            <E T="03">ad.easa.europa.eu</E>
                            .
                            <PRTPAGE P="44959"/>
                        </P>
                        <P>(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations,</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov</E>
                            .
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on September 4, 2025.</DATED>
                    <NAME>Peter A. White,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18086 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2025-0344; Project Identifier MCAI-2024-00638-T; Amendment 39-23141; AD 2025-19-01]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is superseding Airworthiness Directive (AD) 2022-25-51, which applied to all Airbus Canada Limited Partnership Model BD-500-1A10 and Model BD-500-1A11 airplanes. AD 2022-25-51 required revising the Limitations section of the existing airplane flight manual (AFM) to include a new warning and a new limitation. Since the FAA issued AD 2022-25-51, updated primary flight control computer (PFCC) software has been developed to address the unsafe condition. This AD continues to require the actions in AD 2022-25-51, requires installing the updated PFCC software, which terminates the AFM revision, and removes airplanes from the applicability. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective October 23, 2025.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 23, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-0344; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For Transport Canada material identified in this AD, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
                        <E T="03">TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca</E>
                        . You may find this material on the Transport Canada website at 
                        <E T="03">tc.canada.ca/en/aviation</E>
                        .
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-0344.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Rochelle Montgomery, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 405-798-2043; email 
                        <E T="03">rochelle.montgomery@faa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2022-25-51, Amendment 39-22282 (87 FR 75911, December 12, 2022) (AD 2022-25-51). AD 2022-25-51 applied to all Airbus Canada Limited Partnership Model BD-500-1A10 and Model BD-500-1A11 airplanes. AD 2022-25-51 required revising the Limitations section of the existing AFM by revising the title of the existing autopilot AFM limitation, including a new warning prior to the existing autopilot engagement limitations, and a new limitation prohibiting selecting or reselecting autothrottle during takeoff after thrust levers are advanced to the takeoff setting after the existing autopilot engagement limitations. The FAA issued AD 2022-25-51 to address inadvertent engagement of the autopilot below 400 feet above ground level (AGL) when the flightcrew attempts to engage autothrottle. The unsafe condition, if not addressed, could result in premature rotation due to inadvertent autopilot engagement, possibly leading to tail-strike, inability to climb, and loss of control of the airplane.</P>
                <P>
                    The NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on March 18, 2025 (90 FR 12498). The NPRM was prompted by AD CF-2024-36, dated October 22, 2024, issued by Transport Canada, which is the aviation authority for Canada (Transport Canada AD CF-2024-36) (also referred to as the MCAI). The MCAI states that there have been multiple in-service reports associated with PFCC software deficiencies leading to nuisance messages on the engine-indicating and crew-alerting system (EICAS) such as rudder fail, aileron fail, and spoiler fail, and flight control fault due to erroneous transmissions from the remote electronic unit (REU). Investigations also indicated design deficiencies in the PFCC software such as an incorrectly implemented built-in test, which is unable to detect a failed REU internal hold-up capacitor, or non-implemented self-tests and monitoring mechanisms to prevent erroneous computations to be transmitted to consumers. Other in-service events indicated a lack of software robustness, which may not prevent an un-annunciated deployment of ground spoilers or an inadvertent autopilot engagement during the take-off roll. These deficiencies and lack of PFCC software robustness, if not corrected, could lead to increased flightcrew workload as well as a large reduction of safety margins. Additionally, during specific flight phases or in combination with other failures, these conditions could lead to loss of control of the airplane. The updated software installation required by this AD addresses the unsafe condition identified in AD 2022-25-51 and terminates the AFM revision required by AD 2022-25-51.
                </P>
                <P>In the NPRM, the FAA proposed to continue to require the actions in AD 2022-25-51, require installing the updated PFCC software, which terminates the AFM revision, and remove airplanes from the applicability, as specified in Transport Canada AD CF-2024-36. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2025-0344.
                    <PRTPAGE P="44960"/>
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received comments from Air Line Pilots Association, International (ALPA) who supported the NPRM without change.</P>
                <P>The FAA received an additional comment from an individual commenter that did not make a request related to the NPRM.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>
                    Transport Canada AD CF-2024-36 specifies procedures for revising the Limitations section of the existing AFM to include a new warning, installation of updated PFCC software part number 810-0337-009 on the three PFCCs, which terminates the AFM revision, and applicable concurrent software updates. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 133 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s50,r50,xs64,xs64,xs68">
                    <TTITLE>Estimated Costs for Required Actions</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">
                            Cost on U.S.
                            <LI>operators</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Retained actions from AD 2022-25-51</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>$0</ENT>
                        <ENT>$85</ENT>
                        <ENT>$11,305.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">New actions</ENT>
                        <ENT>Up to 5 work-hours × $85 per hour = $425</ENT>
                        <ENT>Up to $10,000</ENT>
                        <ENT>Up to $10,425</ENT>
                        <ENT>Up to $1,386,525.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13 </SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by:</AMDPAR>
                    <AMDPAR>a. Removing Airworthiness Directive (AD) 2022-25-51, Amendment 39-22282 (87 FR 75911, December 12, 2022); and</AMDPAR>
                    <AMDPAR>b. Adding the following new AD:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2025-19-01 Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):</E>
                             Amendment 39-23141; Docket No. FAA-2025-0344; Project Identifier MCAI-2024-00638-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective October 23, 2025.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>This AD replaces AD 2022-25-51, Amendment 39-22282 (87 FR 75911, December 12, 2022) (AD 2022-25-51).</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Airbus Canada Limited Partnership (type certificate previously held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Model BD-500-1A10 and Model BD-500-1A11 airplanes, certificated in any category, as identified in Transport Canada AD CF-2024-36, dated October 22, 2024 (Transport Canada AD CF-2024-36).</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 22, Autoflight.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>
                            This AD was prompted by multiple in-service reports associated with primary flight control computer (PFCC) software deficiencies leading to nuisance messages on the engine-indicating and crew-alerting system (EICAS) due to erroneous transmissions from the remote electronic unit (REU). Investigations also indicated design deficiencies in the PFCC software and a lack of software robustness, which may not prevent an un-annunciated deployment of ground spoilers or an inadvertent autopilot engagement during the take-off roll. The FAA is issuing this AD to address the PFCC software deficiencies leading to nuisance messages and the lack of PFCC software robustness. The unsafe condition, if not addressed, could lead to increased flightcrew workload as well as a large reduction of 
                            <PRTPAGE P="44961"/>
                            safety margins. Additionally, during specific flight phases or in combination with other failures, these conditions could lead to loss of control of the airplane.
                        </P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Retained Revision of Existing AFM, With No Changes</HD>
                        <P>This paragraph restates the requirements of paragraph (g) of AD 2022-25-51, with no changes. Within 7 days after December 27, 2022 (the effective date of AD 2022-25-51), revise the Limitations section of the existing airplane flight manual (AFM) to include the information specified in figure 1 to paragraph (g) of this AD. This may be accomplished by inserting a copy of figure 1 to paragraph (g) of this AD into the existing AFM. Using an AFM revision that includes information identical to that in figure 1 to paragraph (g) of this AD is acceptable for compliance with the requirement of this paragraph.</P>
                        <HD SOURCE="HD1">Figure 1 to Paragraph (g)—Autopilot and Autothrottle Engagement Limitation</HD>
                        <GPH SPAN="3" DEEP="170">
                            <GID>ER18SE25.010</GID>
                        </GPH>
                        <HD SOURCE="HD1">(h) New Requirements of This AD</HD>
                        <P>Except as specified in paragraph (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, Transport Canada AD CF-2024-36. Accomplishing the software installation required by paragraph A. of Part II of Transport Canada AD CF-2024-36 terminates the AFM revision required by paragraph (g) of this AD.</P>
                        <HD SOURCE="HD1">(i) Exceptions to Transport Canada AD CF-2024-36</HD>
                        <P>(1) This AD does not adopt the requirements of Part I of Transport Canada AD CF-2024-36.</P>
                        <P>(2) Where Transport Canada AD CF-2024-36 refers to its effective date, this AD requires using the effective date of this AD.</P>
                        <P>(3) For the airplanes identified in the “Concurrent requirements” paragraph of the material referenced in Transport Canada AD CF-2024-36: At the applicable time specified in paragraph (i)(3)(i) or (ii) of this AD, accomplish the concurrent PFCC software update specified in the material referenced in Transport Canada AD CF-2024-36.</P>
                        <P>(i) For airplanes identified in AD 2023-12-09, Amendment 39-22467 (88 FR 42606, July 3, 2023) (AD 2023-12-09): Prior to or concurrently with the installation specified in paragraph A. of Part II of Transport Canada AD CF-2024-36 but no later than the compliance time specified in AD 2023-12-09.</P>
                        <P>(ii) For airplanes not identified in AD 2023-12-09: Prior to or concurrently with the installation specified in paragraph A. of Part II of Transport Canada AD CF-2024-36.</P>
                        <HD SOURCE="HD1">(j) Additional AD Provisions</HD>
                        <P>The following provisions also apply to this AD:</P>
                        <P>
                            (1) 
                            <E T="03">Alternative Methods of Compliance (AMOCs):</E>
                             The Manager, AIR-520, Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (k) of this AD and email to: 
                            <E T="03">AMOC@faa.gov</E>
                            .
                        </P>
                        <P>Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.</P>
                        <P>
                            (2) 
                            <E T="03">Contacting the Manufacturer:</E>
                             For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, AIR-520, Continued Operational Safety Branch, FAA; or Transport Canada; or Airbus Canada Limited Partnership's Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.
                        </P>
                        <HD SOURCE="HD1">(k) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Rochelle Montgomery, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 405-798-2043; email 
                            <E T="03">rochelle.montgomery@faa.gov</E>
                            .
                        </P>
                        <HD SOURCE="HD1">(l) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise.</P>
                        <P>(i) Transport Canada AD CF-2024-36, dated October 22, 2024.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For Transport Canada material identified in this AD, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
                            <E T="03">TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca</E>
                            . You may find this material on the Transport Canada website at 
                            <E T="03">tc.canada.ca/en/aviation</E>
                            .
                        </P>
                        <P>(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations,</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov</E>
                            .
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on September 15, 2025.</DATED>
                    <NAME>Peter A. White,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18088 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <PRTPAGE P="44962"/>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2025-1108; Project Identifier MCAI-2025-00428-R; Amendment 39-23140; AD 2025-18-13]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Airbus Helicopters</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is superseding Airworthiness Directive (AD) 2020-24-07 for certain Airbus Helicopters Model AS350B3, EC130B4, and EC130T2 helicopters. AD 2020-24-07 required modifying and inspecting the throttle twist grip (twist grip). Since the FAA issued AD 2020-24-07, there have been reports of the engine remaining in idle when the twist grip was turned to the “FLIGHT” mode. This AD retains the actions required by AD 2020-24-07 and adds a modification that constitutes terminating action for the repetitive inspections. This AD also expands the helicopter applicability, provides additional requirements for certain helicopters, and prohibits installing affected microswitches or an affected twist grip with the affected microswitch. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective October 23, 2025.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 23, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P> </P>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-1108; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For European Union Aviation Safety Agency (EASA) material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
                        <E T="03">ADs@easa.europa.eu;</E>
                         website: 
                        <E T="03">easa.europa.eu</E>
                        . You may find this material on the EASA website at 
                        <E T="03">ad.easa.europa.eu</E>
                        .
                    </P>
                    <P>
                        • You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-1108.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Zain Jamal, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (847) 294-7264; email: 
                        <E T="03">zain.jamal@faa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2020-24-07, Amendment 39-21337 (85 FR 78954, December 8, 2020) (AD 2020-24-07). AD 2020-24-07 applied to Airbus Helicopters Model AS350B3 helicopters with an ARRIEL 2B1 engine with the two-channel Full Authority Digital Engine Control (FADEC) and with new twist grip modification (MOD) 073254 or with an ARRIEL 2D engine installed; Model EC130B4 helicopters with an ARRIEL 2B1 engine with the two-channel FADEC and with new twist grip MOD 073773 installed; and Model EC130T2 helicopters with an ARRIEL 2D engine installed. AD 2020-24-07 required repetitively inspecting the wiring, performing an insulation test, inspecting the pilot and copilot twist grip controls, and testing the pilot and copilot twist grip controls for proper functioning. The FAA issued AD 2020-24-07 to prevent the failure of one of the microswitches, 53Ka, 53Kb, or 65K, which can prevent switching from “IDLE” mode to “FLIGHT” mode during autorotation training making it impossible to recover from a practice autorotation and compelling the pilot to continue the autorotation to the ground. This condition could result in unintended touchdown to the ground at a flight-idle power setting during a practice autorotation, damage to the helicopter, and injury to occupants.</P>
                <P>
                    The NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on June 20, 2025 (90 FR 26225). The NPRM was prompted by AD 2023-0133, dated July 5, 2023, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2023-0133). EASA AD 2023-0133 states that Airbus Helicopters developed MOD 074782, introducing a new engine power control assembly with microswitches 53Ka, 53Kb, and 65K, and mandating installation of a serviceable assembly, while prohibiting installation of an affected microswitch on any helicopter. EASA AD 2023-0133 also expands the applicability to all serial numbers of Airbus Helicopters Model AS 350 B3, EC 130 B4, and EC 130 T2 helicopters. EASA then superseded AD 2023-0133 and issued EASA AD 2023-0187, dated October 27, 2023 (EASA AD 2023-0187). EASA AD 2023-0187 states that errors were found in the modification installation procedure and requires amending the modification instructions and additional work for certain helicopters already modified. EASA then superseded AD 2023-0187 and issued EASA AD 2023-0187R1, dated March 20, 2025 (EASA AD 2023-0187R1) (also referred to as the MCAI), to correct an unsafe condition for all Airbus Helicopters Model AS 350 B3, EC 130 B4, and EC 130 T2 helicopters. The MCAI states that the salt-laden atmospheric condition definition should be re-formulated, adjusting to the less restrictive description provided in the applicable aircraft maintenance manual. The FAA did not issue an AD corresponding to EASA AD 2023-0133 and EASA AD 2023-0187.
                </P>
                <P>In the NPRM, the FAA proposed to retain the actions required by AD 2020-24-07 and mandate an additional modification, which would constitute terminating action for the repetitive inspections. In the NPRM, the FAA also proposed to expand the helicopter applicability, provide additional requirements for certain helicopters, and prohibit installation of affected microswitches or an affected twist grip with the affected microswitch.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2025-1108.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received no comments on the NPRM or on the determination of the costs.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>
                    These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD 
                    <PRTPAGE P="44963"/>
                    as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.
                </P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>The FAA reviewed EASA AD 2023-0187R1, which specifies procedures for modifying the twist grip operational logic on helicopters with MOD 074263 installed. EASA AD 2023-0187R1 also specifies procedures for repetitively inspecting for no marks, residue, or corrosion and testing the “IDLE” and “FLIGHT” controls on the pilot's and copilot's twist grips on helicopters with MOD 074699 installed. Additionally, EASA AD 2023-0187R1 specifies procedures for installing MOD 074782 on helicopters if an affected microswitch is installed, which would constitute terminating action for the repetitive inspections. For those helicopters with MOD 074782 installed, EASA AD 2023-0187R1 specifies accomplishing a one-time inspection of the installation of the microswitch assembly of the engine power control. EASA AD 2023-0187R1 also prohibits installing a microswitch having a part number (P/N) T3933-3 or a twist grip containing a microswitch having P/N T3933-3 on any helicopter.</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Differences Between This AD and the MCAI</HD>
                <P>The MCAI specifies the initial inspections within 10 flight hours or 7 days; this AD requires compliance before the next autorotation training flight, 100 hours time-in-service, or 6 months, whichever occurs first, as the unsafe condition only occurs when transitioning the throttle in-flight from flight to idle and back to flight, such as during a practice autorotation. Additionally, the MCAI specifies installing Airbus Helicopters MOD 074263; this AD does not require that modification as it would not correct the unsafe condition.</P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 856 helicopters of U.S. registry. Labor costs are estimated at $85 per hour. Based on these numbers, the FAA estimates the following costs to comply with this AD.</P>
                <P>Inspecting the wiring, performing an insulation test, inspecting the pilot and copilot twist grip controls, and testing the pilot and copilot twist grip controls required by MOD 074699 takes about 4 work-hours, for an estimated cost of $340 per helicopter and $291,040 for the U.S. fleet. Installing MOD 074782 takes about 4 work-hours, for an estimated cost of $340 per helicopter.</P>
                <P>The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators.</P>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>The FAA has determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13 </SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by:</AMDPAR>
                    <AMDPAR>a. Removing Airworthiness Directive 2020-24-07, Amendment 39-21337 (85 FR 78954, December 8, 2020); and</AMDPAR>
                    <AMDPAR>b. Adding the following new airworthiness directive:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2025-18-13 Airbus Helicopters:</E>
                             Amendment 39-23140; Docket No. FAA-2025-1108; Project Identifier MCAI-2025-00428-R.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective October 23, 2025.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>This AD replaces AD 2020-24-07, Amendment 39-21337 (85 FR 78954, December 8, 2020) (AD 2020-24-07).</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Airbus Helicopters Model AS350B3, EC130B4, and EC130T2 helicopters, certificated in any category.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Joint Aircraft System Component (JASC) Code 7600, Engine Controls.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by reports of the of the engine remaining in idle when the throttle twist grip was turned from the “IDLE” mode to the “FLIGHT” mode. The FAA is issuing this AD to correct the failure of one of the microswitches, 53Ka, 53Kb, or 65K which can prevent the pilot from switching from “IDLE” mode to “FLIGHT” mode during autorotation training making it impossible to recover from a practice autorotation and compelling the pilot to continue the autorotation to the ground. This condition could result in unintended touchdown to the ground at a flight-idle power setting during a practice autorotation, damage to the helicopter, and injury to occupants.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Requirements</HD>
                        <P>
                            Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency AD 2023-0187R1, dated March 20, 2025 (EASA AD 2023-0187R1).
                            <PRTPAGE P="44964"/>
                        </P>
                        <HD SOURCE="HD1">(h) Exceptions to EASA AD 2023-0187R1</HD>
                        <P>(1) Where EASA AD 2023-0187R1 refers to the effective dates identified in paragraphs (h)(1)(i) through (iii) of this AD, this AD requires using the effective date of this AD.</P>
                        <P>(i) March 27, 2025 (the effective date of EASA AD 2023-0187R1).</P>
                        <P>(ii) November 10, 2023 (the effective date of EASA AD 2023-0187, dated October 27, 2023).</P>
                        <P>(iii) July 19, 2023 (the effective date of EASA AD 2023-0133, dated July 5, 2023).</P>
                        <P>(2) Where EASA AD 2023-0187R1 refers to April 13, 2017 (the effective date of EASA AD 2017-0059, dated April 6, 2017), this AD requires using January 30, 2019 (the effective date of AD 2018-26-02, Amendment 39-19532 (83 FR 66093, December 26, 2018)).</P>
                        <P>(3) Where EASA AD 2023-0187R1 refers to flight hours (FH), this AD requires using hours time-in-service.</P>
                        <P>(4) This AD does not adopt paragraphs (1) and (2) of EASA AD 2023-0187R1.</P>
                        <P>(5) Instead of complying with the compliance times in Table 1 in paragraph (3) of EASA AD 2023-0187R1, this AD requires the helicopters identified under the Helicopters in Pre-MOD 074699 Configuration column to accomplish the actions required by paragraph (3) of EASA AD 2023-0187R1 before the next practice autorotation, within 100 hours time-in-service, or 6 months after January 12, 2021 (the effective date of AD 2020-24-07), whichever occurs first.</P>
                        <P>(6) Where Table 2 in paragraph (4), Table 3 in paragraph (7), and Table 4 in paragraph (9) of EASA AD 2023-0187R1 state “For helicopters which operate or have operated in salt-laden atmospheric conditions”, this AD requires replacing that text with “For helicopters which operate or have operated in salt-laden atmospheric conditions, or if it cannot be determined if a helicopter has been operated in salt-laden atmospheric conditions”.</P>
                        <P>(7) Where paragraph (6) of EASA AD 2023-0187R1 states “discrepancies are detected”, this AD requires replacing that text with “marks, residue, corrosion, flaky varnish are detected; the values of the insulation test are less than 10 megaOhms; the microswitch closes in the “IDLE” position and does not open as soon as the twist grip is turned to the “FLIGHT” position; or the microswitch is open in the “FLIGHT” position and does not close as soon as the twist grip is turned to the “IDLE” position”.</P>
                        <P>(8) Where paragraph (9) of EASA AD 2023-0187R1 states “any discrepancy,” for purposes of this AD, discrepancy is defined as a nut torque that is outside allowable torque limits, or clearance between the support plate assembly and the washers that is not within 01.mm to 0.3 mm.</P>
                        <P>(9) This AD does not adopt the “Remarks” section of EASA AD 2023-0187R1.</P>
                        <HD SOURCE="HD1">(i) Alternative Methods of Compliance (AMOCs)</HD>
                        <P>
                            (1) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (j) of this AD and email to: 
                            <E T="03">AMOC@faa.gov</E>
                            .
                        </P>
                        <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.</P>
                        <HD SOURCE="HD1">(j) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Zain Jamal, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (847) 294-7264; email: 
                            <E T="03">zain.jamal@faa.gov</E>
                            .
                        </P>
                        <HD SOURCE="HD1">(k) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                        <P>(i) European Union Aviation Safety Agency (EASA) AD 2023-0187R1, dated March 20, 2025.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
                            <E T="03">ADs@easa.europa.eu;</E>
                             website: 
                            <E T="03">easa.europa.eu</E>
                            . You may find this EASA material on the EASA website at 
                            <E T="03">ad.easa.europa.eu.</E>
                        </P>
                        <P>(4) You may view this material at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov</E>
                            .
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on September 9, 2025.</DATED>
                    <NAME>Steven W. Thompson,</NAME>
                    <TITLE>Acting Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18083 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2025-0742; Project Identifier MCAI-2024-00682-T; Amendment 39-23133; AD 2025-18-06]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Airbus SAS Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is superseding Airworthiness Directive (AD) 2020-02-14, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-02-14 required a one-time inspection of the oxygen containers and adjacent panels and applicable corrective actions. Since the FAA issued AD 2020-02-14, it was determined that additional airplanes may be affected by the same unsafe condition. This AD continues to require the actions in AD 2020-02-14 and expands the applicability to include additional airplanes. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective October 23, 2025.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 23, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-0742; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For European Union Aviation Safety Agency (EASA) material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                        <E T="03">ADs@easa.europa.eu</E>
                        . You may find this material on the EASA website at 
                        <E T="03">ad.easa.europa.eu</E>
                        .
                    </P>
                    <P>
                        • For Airbus material identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email 
                        <E T="03">continued-airworthiness.a350@airbus.com;</E>
                         website 
                        <E T="03">airbus.com</E>
                        .
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-0742.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Nicole Tsang, Aviation Safety Engineer, 
                        <PRTPAGE P="44965"/>
                        FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3959; email: 
                        <E T="03">Nicole.S.Tsang@faa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2020-02-14, Amendment 39-19828 (85 FR 6757, February 6, 2020) (AD 2020-02-14). AD 2020-02-14 applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-02-14 required a one-time inspection of the oxygen containers and adjacent panels, and applicable corrective actions. The FAA issued AD 2020-02-14 to address damaged and unlocked fasteners of the oxygen containers and adjacent panels in the passenger supply channels (PSCs), which could result in insufficient clearance between the oxygen container and adjacent panels and prevent the opening of the oxygen containers, and consequent failure of the oxygen masks to deploy and provide supplemental oxygen in case of an in-flight decompression, possibly resulting in injury to cabin occupants.</P>
                <P>
                    The NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on April 29, 2025 (90 FR 17743). The NPRM was prompted by AD 2024-0220, dated November 20, 2024 (EASA AD 2024-0220) (also referred to as the MCAI), issued by EASA, which is the Technical Agent for the Member States of the European. The MCAI states that since EASA AD 2019-0210, dated August 26, 2019, was issued, it was determined that additional A350 manufacturer serial numbers (airplanes) may be affected by the same unsafe condition.
                </P>
                <P>In the NPRM, the FAA proposed to continue to require the actions in AD 2020-02-14 and expand the applicability to include additional airplanes, as specified in EASA AD 2024-0220. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2025-0742.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received a comment from an anonymous commenter who supported the NPRM without change.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>The FAA reviewed EASA AD 2024-0220, which specifies procedures for inspecting the oxygen containers and the installation of adjacent panels located in all PSCs, to check that each fastener of each panel/component is locked and to measure the clearance between the oxygen container door lid and the adjacent panel/component. EASA AD 2024-0220 also describes procedures for applicable corrective actions, including attaining minimum clearance, locking any unlocked fasteners, and replacing damaged parts.</P>
                <P>The FAA also reviewed Airbus Alert Operators Transmission (AOT) A35P015-19, Revision 01, dated June 19, 2019. This material identifies affected airplanes for the Group 1 airplanes specified in EASA AD 2024-0220.</P>
                <P>The FAA also reviewed Airbus AOT A35P023-24, Revision 01, dated July 25, 2024. This material identifies affected airplanes for the Group 2 airplanes specified in EASA AD 2024-0220.</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 19 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s50,r50,10,10,xs90">
                    <TTITLE>Estimated Costs for Required Actions</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">
                            Cost on U.S.
                            <LI>operators</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Retained actions from AD 2020-02-14</ENT>
                        <ENT>4 work-hours × $85 per hour = $340</ENT>
                        <ENT>$0</ENT>
                        <ENT>$340</ENT>
                        <ENT>$5,440 (16 airplanes).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">New actions</ENT>
                        <ENT>4 work-hours × $85 per hour = $340</ENT>
                        <ENT>0</ENT>
                        <ENT>340</ENT>
                        <ENT>$1,020 (3 airplanes).</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,12C,16C">
                    <TTITLE>Estimated Costs of On-Condition Actions</TTITLE>
                    <BOXHD>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">Cost per product</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">1 work-hour × $85 per hour = $85</ENT>
                        <ENT>* $0</ENT>
                        <ENT>$85</ENT>
                    </ROW>
                    <TNOTE>* The FAA has received no definitive data on the parts costs for the on-condition actions.</TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>
                    This AD will not have federalism implications under Executive Order 13132. This AD will not have a 
                    <PRTPAGE P="44966"/>
                    substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
                </P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by:</AMDPAR>
                    <AMDPAR>a. Removing Airworthiness Directive (AD) 2020-02-14, Amendment 39-19828 (85 FR 6757, February 6, 2020); and</AMDPAR>
                    <AMDPAR>b. Adding the following new AD:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2025-18-06 Airbus SAS:</E>
                             Amendment 39-23133; Docket No. FAA-2025-0742; Project Identifier MCAI-2024-00682-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective October 23, 2025.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>This AD replaces AD 2020-02-14, Amendment 39-19828 (85 FR 6757, February 6, 2020) (AD 2020-02-14).</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Airbus SAS Model A350-941 and -1041 airplanes, certificated in any category, having manufacturer serial numbers (MSNs) listed in Airbus Alert Operators Transmission (AOT) A35P015-19, Revision 01, dated June 19, 2019; and Airbus AOT A35P023-24, Revision 01, dated July 25, 2024.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 35, Oxygen.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a report that during inspection of the installation of oxygen containers, certain fasteners of the oxygen containers and adjacent panels in the passenger supply channels (PSCs) were found damaged or unlocked, which could result in insufficient clearance between the oxygen container and adjacent panels. This AD was also prompted by a determination that additional airplanes may be affected by the same unsafe condition. The FAA is issuing this AD to address damaged and unlocked fasteners of the oxygen containers and adjacent panels in the PSCs, which could result in insufficient clearance between the oxygen container and adjacent panels. The unsafe condition, if not addressed, could prevent the opening of the oxygen containers and result in failure of oxygen masks to deploy and provide supplemental oxygen supply in case of an in-flight decompression, possibly resulting in injury to cabin occupants.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Requirements</HD>
                        <P>Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2024-0220, dated November 20, 2024 (EASA AD 2024-0220).</P>
                        <HD SOURCE="HD1">(h) Exceptions to EASA AD 2024-0220</HD>
                        <P>(1) Where EASA AD 2024-0220 refers to “09 September 2019 [the effective date of EASA AD 2019-0210],” this AD requires using March 12, 2020 (the effective date of AD 2020-02-14).</P>
                        <P>(2) Where EASA AD 2024-0220 refers to its effective date, this AD requires using the effective date of this AD.</P>
                        <P>(3) Where the “Groups” definition in EASA AD 2024-0220 specifies “Group 1 aeroplanes are those having an MSN as listed in the AOT1”, this AD requires replacing that text with “Group 1 airplanes are those having an MSN as listed in Airbus AOT A35P015-19, Revision 01, dated June 19, 2019”.</P>
                        <P>(4) Where the “Groups” definition in EASA AD 2024-0220 specifies “Group 2 aeroplanes are those having an MSN as listed in the AOT2”, this AD requires replacing that text with “Group 2 airplanes are those having an MSN as listed in Airbus AOT A35P023-24, Revision 01, dated July 25, 2024”.</P>
                        <P>(5) This AD does not adopt the “Remarks” section of EASA AD 2024-0220.</P>
                        <HD SOURCE="HD1">(i) No Reporting Requirement</HD>
                        <P>Although the material referenced in EASA AD 2024-0220 specifies to submit certain information to the manufacturer, this AD does not include that requirement.</P>
                        <HD SOURCE="HD1">(j) Additional AD Provisions</HD>
                        <P>The following provisions also apply to this AD:</P>
                        <P>
                            (1) 
                            <E T="03">Alternative Methods of Compliance (AMOCs):</E>
                             The Manager, AIR-520, Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (k) of this AD and email to: 
                            <E T="03">AMOC@faa.gov</E>
                            . Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Contacting the Manufacturer:</E>
                             For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, AIR-520, Continued Operational Safety Branch, FAA; or EASA; or Airbus SAS's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.
                        </P>
                        <HD SOURCE="HD1">(k) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Nicole Tsang, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3959; email: 
                            <E T="03">Nicole.S.Tsang@faa.gov</E>
                            .
                        </P>
                        <HD SOURCE="HD1">(l) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise.</P>
                        <P>(i) Airbus Alert Operators Transmission (AOT) A35P015-19, Revision 01, dated June 19, 2019.</P>
                        <P>(ii) Airbus AOT A35P023-24, Revision 01, dated July 25, 2024.</P>
                        <P>(iii) European Union Aviation Safety Agency (EASA) AD 2024-0220, dated November 20, 2024.</P>
                        <P>
                            (3) For Airbus material identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email 
                            <E T="03">continued-airworthiness.a350@airbus.com;</E>
                             website 
                            <E T="03">airbus.com.</E>
                        </P>
                        <P>
                            (4) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                            <E T="03">ADs@easa.europa.eu</E>
                            . You may find this material on the EASA website at 
                            <E T="03">ad.easa.europa.eu</E>
                            .
                        </P>
                        <P>(5) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                    </EXTRACT>
                    <PRTPAGE P="44967"/>
                    <EXTRACT>
                        <P>
                            (6) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov</E>
                            .
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on September 4, 2025.</DATED>
                    <NAME>Peter A. White,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18087 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-2662; Project Identifier MCAI-2024-00448-T; Amendment 39-23132; AD 2025-18-05]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; The Boeing Company Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-300 series airplanes modified by a certain supplemental type certificate (STC). This AD was prompted by a discovery that certain pitot-static tubing of the first officer's pitot-static system was installed incorrectly in the main and mid equipment center during the airplane conversion from passenger to freighter. This AD requires a visual inspection of certain pitot-static rigid tubes and flexible hoses to determine whether low points exist, and if necessary, related investigative and corrective actions. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective October 23, 2025.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 23, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P> </P>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-2662; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For Israel Aerospace Industries, Ltd. material identified in this AD, contact Israel Aerospace Industries, Ltd., Ben-Gurion International Airport, Israel 70100; telephone 972-39359826; email 
                        <E T="03">tmazor@iai.co.il</E>
                        .
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-2662.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Joe Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 206-231-3536; email: 
                        <E T="03">Joe.Salameh@faa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 767-300 series airplanes modified by FAA STC ST02040SE. The NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on December 17, 2024 (89 FR 102019). The NPRM was prompted by a discovery that certain pitot-static tubing of the first officer's pitot-static system was installed incorrectly in the main and mid equipment center during the airplane conversion from passenger to freighter.
                </P>
                <P>The Civil Aviation Authority of Israel (CAAI), which is the aviation authority for Israel, issued AD ISR I-34-2024-07-1, dated August 6, 2024 (CAAI AD ISR I-34-2024-07-1) (also referred to as the MCAI) to address the unsafe condition for The Boeing Company Model 767-300 series airplanes, that have been modified to freighters in accordance with CAAI STC SA-218 (FAA STC ST02040SE, EASA STC 10028430, CAAC VSTC0812, TCCA SA14-67, ANAC 2011S03-12). Only FAA STC ST02040SE is approved for U.S. operators.</P>
                <P>The MCAI states that due to the pitot-static tubing improper rerouting on the airplane conversion from passenger to freighter, two erroneous conditions were found in the tubing connecting the pitot and the static system tubing to the right air data computer belonging to the first officer system: The flexible hoses part number (P/N) BACH30BC06-0097 and P/N BACH30BC05-0111, creating a potential water trap; and rigid tubes P/N 233T9110-437 and P/N 233T9110-320/314 installed through a structure 9G rigid barrier opening, creating a potential water trap.</P>
                <P>In the NPRM, the FAA proposed to require a visual inspection of certain pitot-static rigid tubes and flexible hoses to determine whether low points exist, and if necessary, related investigative and corrective actions. The FAA is issuing this AD to address the incorrect installation of the pitot static tubing of the first officer's pitot-static system. The unsafe conditions, if not addressed, may affect the capability to drain water or moisture collected in the first officer pitot-static tubing, and may cause malfunction to the system, leading to an increased flight crew workload and possible loss of control of the airplane.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2024-2662.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received comments from the Air Line Pilots Association, International (ALPA), Boeing, and DHL Air Austria who supported the NPRM without change.</P>
                <P>The FAA received additional comments from Aviation Partners Boeing (APB) and Israel Aerospace Industries (IAI). The following presents the comments received on the NPRM and the FAA's response to each comment.</P>
                <HD SOURCE="HD1">Effect of Winglets on Accomplishment of the Proposed Actions</HD>
                <P>APB stated that the installation of winglets per STC ST01920SE does not affect compliance with the proposed actions.</P>
                <P>The FAA agrees with the commenter. The installation of STC ST01920SE does not affect the ability to accomplish the actions required by this AD. The FAA has not changed this AD in this regard.</P>
                <HD SOURCE="HD1">Request To Change Corrective Actions Compliance Time</HD>
                <P>IAI requested the FAA delete the text “before further flight” in paragraph (g) of the proposed AD. IAI stated that the compliance requirement of the proposed AD is within 36 months from the effective date of the proposed AD. IAI requested to delete the text “before further flight” to allow corrective actions to be performed within the 36 months compliance time, and to allow separate schedules for inspections and corrective actions.</P>
                <P>
                    The FAA agrees with this request for the reasons provided and has revised paragraph (g) of this AD accordingly.
                    <PRTPAGE P="44968"/>
                </P>
                <HD SOURCE="HD1">Clarification of Unsafe Condition Statement</HD>
                <P>The unsafe condition statement in the NPRM specified that the unsafe condition, if not addressed, may affect the capability to drain water or moisture collected in the first officer pitot-static tubing, and may cause malfunction to the system; however, it did not specify an end-level effect if the system malfunctioned. The malfunction to the system could lead to an increased flight crew workload and possible loss of control of the airplane. The FAA has revised the unsafe condition statement in this final rule accordingly.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>The FAA reviewed Israel Aerospace Industries Ltd., Service Bulletin 368-34-106, dated August 2024. This material specifies procedures for a visual inspection of the pitot static rigid tubes, P/N 233T9110-437 and P/N 233T9110-314, and the flexible hoses, P/N BACH30BC06-0097 and P/N BACH30BC05-0111, to determine whether low points exist, and related investigative and corrective actions. The related investigative action is a visual inspection for the installation of the provisions located above the right miscellaneous electrical equipment panel (P37). The corrective actions include replacement of the pitot and the static system tubing connected to the right air data computer, including installation of standoffs, rigid tubes, union fitting, elbow fitting, and flexible hoses, and performing functional tests.</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 88 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,10,xs68,xs90">
                    <TTITLE>Estimated Costs for Required Actions</TTITLE>
                    <BOXHD>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">Cost per product</CHED>
                        <CHED H="1">Cost on U.S. operators</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Up to 2 work-hours × $85 per hour = Up to $170</ENT>
                        <ENT>$0</ENT>
                        <ENT>Up to $170</ENT>
                        <ENT>Up to $14,960.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of any required actions. The FAA has no way of determining the number of aircraft that might need this on-condition action:</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,10C,15C">
                    <TTITLE>Estimated Costs of On-Condition Actions</TTITLE>
                    <BOXHD>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">Cost per product</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">11 work-hours × $85 per hour = $935</ENT>
                        <ENT>$600</ENT>
                        <ENT>$1,535</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13 </SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2025-18-05 The Boeing Company:</E>
                             Amendment 39-23132; Docket No. 
                            <PRTPAGE P="44969"/>
                            FAA-2024-2662; Project Identifier MCAI-2024-00448-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective October 23, 2025.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to The Boeing Company Model 767-300 series airplanes, certificated in any category, that have been modified to a special freighter configuration, in accordance with FAA Supplemental Type Certificate (STC) ST02040SE, and which are listed in paragraph I.A., “Effectivity,” of Israel Aerospace Industries Ltd., Service Bulletin 368-34-106, dated August 2024.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 34, Navigation.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a discovery that certain pitot-static tubing of the first officer's pitot-static system was installed incorrectly in the main and mid equipment center during the airplane conversion from passenger to freighter. The FAA is issuing this AD to address the incorrect installation of the pitot-static tubing of the first officer's pitot-static system. The unsafe condition, if not addressed, may affect the capability to drain water or moisture collected in the first officer pitot-static tubing, and may cause malfunction to the system, leading to an increased flight crew workload and possible loss of control of the airplane.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Required Actions</HD>
                        <P>Within 36 months after the effective date of this AD, do a visual inspection of the pitot-static rigid tubes, part number (P/N) 233T9110-437 and P/N 233T9110-314, and the flexible hoses, P/N BACH30BC06-0097 and P/N BACH30BC05-0111, at the locations specified in the Accomplishment Instructions of Israel Aerospace Industries Ltd., Service Bulletin 368-34-106, dated August 2024, to determine whether low points exist, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Israel Aerospace Industries Ltd., Service Bulletin 368-34-106, dated August 2024.</P>
                        <HD SOURCE="HD1">(h) Additional AD Provisions</HD>
                        <P>The following provisions also apply to this AD:</P>
                        <P>
                            (1) 
                            <E T="03">Alternative Methods of Compliance (AMOCs):</E>
                             The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (i) of this AD and email to: 
                            <E T="03">AMOC@faa.gov</E>
                            . Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Contacting the Manufacturer:</E>
                             For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or the Civil Aviation Authority of Israel (CAAI); or the CAAI's authorized Designee. If approved by the CAAI Designee, the approval must include the Designee's authorized signature.
                        </P>
                        <HD SOURCE="HD1">(i) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Joe Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 206-231-3536; email: 
                            <E T="03">Joe.Salameh@faa.gov</E>
                            .
                        </P>
                        <HD SOURCE="HD1">(j) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise.</P>
                        <P>(i) Israel Aerospace Industries Ltd., Service Bulletin 368-34-106, dated August 2024.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For Israel Aerospace Industries Ltd. material identified in this AD, contact Israel Aerospace Industries, Ltd., Ben-Gurion International Airport, Israel 70100; telephone 972-39359826; email 
                            <E T="03">tmazor@iai.co.il</E>
                            .
                        </P>
                        <P>(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on September 3, 2025.</DATED>
                    <NAME>Paul R. Bernado,</NAME>
                    <TITLE>Acting Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18085 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <CFR>21 CFR Part 866</CFR>
                <DEPDOC>[Docket No. FDA-2024-N-3533]</DEPDOC>
                <SUBJECT>Microbiology Devices; Reclassification of Antigen, Antibody, and Nucleic Acid-Based Hepatitis B Virus Assay Devices</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final amendment; final order.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA) is issuing a final order reclassifying qualitative hepatitis B virus (HBV) antigen assays (product code LOM), HBV antibody assays (product code LOM), and quantitative HBV nucleic acid-based assays (product code MKT), all of which are postamendments class III devices, into class II (special controls), subject to premarket notification. FDA is also establishing the special controls that are necessary to provide a reasonable assurance of safety and effectiveness of these device types.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This order is effective October 20, 2025. See further discussion in Section IV, “Implementation Strategy.”</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Bhawna Poonia, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 3226, Silver Spring, MD 20993, 240-402-6830, 
                        <E T="03">bhawna.poonia@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background—Regulatory Authorities</HD>
                <P>The Federal Food, Drug, and Cosmetic Act (FD&amp;C Act), as amended, establishes a comprehensive system for the regulation of medical devices intended for human use. Section 513 of the FD&amp;C Act (21 U.S.C. 360c) established three classes of devices, reflecting the regulatory controls needed to provide reasonable assurance of their safety and effectiveness. The three classes of devices are class I (general controls), class II (special controls), and class III (premarket approval).</P>
                <P>
                    Devices that were not in commercial distribution prior to May 28, 1976 (generally referred to as postamendments devices) are automatically classified by section 513(f)(1) of the FD&amp;C Act into class III without any action taken by FDA (or the Agency). Those devices remain in class III and require premarket approval, 
                    <PRTPAGE P="44970"/>
                    unless and until: (1) FDA reclassifies the device into class I or II; or (2) FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the FD&amp;C Act, to a predicate device that does not require premarket approval. The Agency determines whether new devices are substantially equivalent to previously marketed devices by means of the procedures in section 510(k) of the FD&amp;C Act (21 U.S.C. 360(k)) and our implementing regulations (part 807, subpart E (21 CFR part 807, subpart E)).
                </P>
                <P>
                    A postamendments device that has been initially classified into class III under section 513(f)(1) of the FD&amp;C Act may be reclassified into class I or class II under section 513(f)(3) of the FD&amp;C Act. Section 513(f)(3) provides that FDA, acting by administrative order, can reclassify the device into class I or class II on its own initiative, or in response to a petition from the manufacturer or importer of the device. To change the classification of the device, the new class must have sufficient regulatory controls to provide reasonable assurance of the safety and effectiveness of the device for its intended use.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         See section 513 of the FD&amp;C Act.
                    </P>
                </FTNT>
                <P>
                    FDA relies upon “valid scientific evidence,” as defined in section 513(a)(3) of the FD&amp;C Act and 21 CFR 860.7(c)(2), in the classification process to determine the level of regulation for devices.
                    <SU>2</SU>
                    <FTREF/>
                     In general, to be considered in the reclassification process, the “valid scientific evidence” upon which the Agency relies must be publicly available. Publicly available information excludes trade secret and/or confidential commercial information, 
                    <E T="03">e.g.,</E>
                     the contents of a pending PMA (see section 520(c) of the FD&amp;C Act (21 U.S.C. 360j(c))).
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>Section 510(m) of the FD&amp;C Act provides that FDA may exempt a class II device from the requirements under section 510(k) of the FD&amp;C Act if FDA determines that a premarket notification (510(k)) is not necessary to provide reasonable assurance of the safety and effectiveness of the device type.</P>
                <P>
                    On September 25, 2024, FDA published a proposed order 
                    <SU>3</SU>
                    <FTREF/>
                     in the 
                    <E T="04">Federal Register</E>
                     to reclassify qualitative HBV antigen assays (product code LOM),
                    <SU>4</SU>
                    <FTREF/>
                     qualitative HBV antibody assays and quantitative assays that detect anti-HBs (antibodies to HBV surface antigen (HBsAg)) (product code LOM),
                    <SU>5</SU>
                    <FTREF/>
                     and quantitative HBV nucleic acid-based assays (product code MKT) from class III to class II (89 FR 78265, the “proposed order”).
                    <SU>6</SU>
                    <FTREF/>
                     FDA has considered the information available to the Agency, including the deliberations of the Microbiology Devices Panel (the “Panel”) convened on September 7, 2023, to discuss the proposed reclassification of these devices, and considered comments for that meeting as well as comments received from the public docket on the proposed order (as discussed in Section II of this document), to determine that there is sufficient information to establish special controls to effectively mitigate the risks to health. FDA has also determined that based on this information that the special controls, together with general controls, provide a reasonable assurance of safety and effectiveness when applied to these devices.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The “ACTION” caption for this proposed order was styled as “Proposed amendment; proposed order; request for comments” rather than “Proposed order.” Beginning in December 2019, this editorial change was made to indicate that the document “amends” the Code of Federal Regulations. The change was made in accordance with the Office of the Federal Register's (OFR) interpretations of the 
                        <E T="04">Federal Register</E>
                         Act (44 U.S.C. chapter 15), its implementing regulations (1 CFR 5.9 and parts 21 and 22), and the Document Drafting Handbook.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         FDA's Center for Devices and Radiological Health (CDRH) uses product codes to help categorize and ensure consistent regulation of medical devices. A product code consists of three characters that are assigned at the time a product code is generated and is unique to a product type. The three characters carry no other significance and are not an abbreviation. See FDA guidance entitled, “Medical Device Classification Product Codes” available at 
                        <E T="03">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/medical-device-classification-product-codes-guidance-industry-and-food-and-drug-administration-staff.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         These devices are currently regulated under product code LOM, but upon the finalization of this action they will fall within the newly created product code SEI.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         In the proposed order, FDA proposed to reclassify “Hepatitis B virus antibody assays (including qualitative and quantitative anti-HBs)” under the classification regulation 21 CFR 866.3179. In this final order, FDA is simplifying the identification of the classification regulation name to “Hepatitis B virus antibody assays” and adding further description to the identification language to better describe the devices that fit within this generic device type and are subject to this reclassification order. In addition, in the proposed order, FDA proposed to reclassify qualitative hepatitis B virus antigen assays under new classification regulation 21 CFR 866.3178 and quantitative hepatitis B virus nucleic acid-based assays under new classification regulation 21 CFR 866.3180. However, at the time of publication of this final order, a different regulation has been codified at § 866.3180. Therefore, in this final order, FDA is reclassifying these device types under different sections of the Code of Federal Regulations than was proposed in the proposed order. Specifically, FDA is reclassifying qualitative hepatitis B virus antigen assays under new classification regulation 21 CFR 866.3172, hepatitis B virus antibody assays under new classification regulation 21 CFR 866.3173, and hepatitis B virus nucleic acid-based assays under new classification regulation 21 CFR 866.3174.
                    </P>
                </FTNT>
                <P>
                    Therefore, in accordance with section 513(f)(3) of the FD&amp;C Act, FDA, on its own initiative, is issuing this final order 
                    <SU>7</SU>
                    <FTREF/>
                     to reclassify qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays 
                    <SU>8</SU>
                    <FTREF/>
                     from class III (premarket approval) to class II (special controls). Absent the special controls identified in this final order, general controls applicable to these device types are insufficient to provide reasonable assurance of the safety and effectiveness of these devices. FDA expects that the reclassification of these devices will enable more manufacturers to develop these types of devices such that patients will benefit from increased access to safe and effective diagnostics.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         FDA notes that the “ACTION” caption for this final order is styled as “Final amendment; final order,” rather than “Final order.” Beginning in December 2019, this editorial change was made to indicate that the document “amends” the Code of Federal Regulations. The change was made in accordance with the Office of Federal Register's (OFR) interpretations of the  Federal Register Act (44 U.S.C. chapter 15), its implementing regulations (1 CFR 5.9 and parts 21 and 22), and the Document Drafting Handbook.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         We use the phrase “quantitative HBV nucleic acid-based assays” to refer to the devices being reclassified in 21 CFR 866.3174 Hepatitis B virus nucleic acid-based assays.
                    </P>
                </FTNT>
                <P>For these class II devices, instead of a PMA, manufacturers may submit a premarket notification and obtain FDA clearance of the devices before marketing them. This action will decrease regulatory burden on industry, as manufacturers will no longer have to submit a PMA for these types of devices but can instead submit a 510(k) to the Agency for review prior to marketing their device. A 510(k) typically results in a shorter premarket review timeline compared to a PMA, which ultimately provides patients with more timely access to these types of devices.</P>
                <P>This final order is expected to result in decreased regulatory burdens for affected devices moved from class III to class II and is considered deregulatory under Executive Order 14192.</P>
                <HD SOURCE="HD1">II. Comments on the Proposed Order and FDA Responses</HD>
                <HD SOURCE="HD2">A. Introduction</HD>
                <P>
                    FDA received more than 25 comments on the proposed order. The comment period on the proposed order closed on November 25, 2024. The majority of the comments received by the close of the comment period came from research, disease and patient advocacy groups, individual medical professionals and an association of health care organizations, patients, and members of the medical device industry. Many commenters provided multiple comments on one or more issues. Comments provided support for the proposed reclassification 
                    <PRTPAGE P="44971"/>
                    as well as included recommendations for clarity.
                </P>
                <P>We describe and respond to the comments in Section II.B of this document. The order of the comments and our response to them is purely for organizational purposes and does not signify the comment's value or importance of the comment nor the order in which comments were received. Certain comments are grouped together under a single number because the subject matter is similar. Please note that in some cases we separate different issues discussed by the same commenter and designate them as distinct comments for purposes of our responses.</P>
                <HD SOURCE="HD2">B. Description of Comments and FDA Response</HD>
                <P>(Comment 1) FDA received numerous comments in favor of the proposed reclassification of qualitative HBV antigen assays intended for qualitative detection of HBV antigens as an aid in the diagnosis of acute or chronic HBV infection in specific populations, HBV antibody assays intended for use in the detection of antibodies to HBV, and quantitative HBV nucleic acid-based assays intended for use in the detection of HBV nucleic acid in specimens from individuals with antibody evidence of HBV infection, from class III to class II with special controls. Commenters stated they believe that special controls, along with general controls, could provide reasonable assurance of the safety and effectiveness of these devices. In addition, they believed that the decreased regulatory burden resulting from the reclassification could encourage further development of, and provide patients more timely access to, these devices.</P>
                <P>(Response 1) Based on the evidence considered, comments received in response to the proposed order, and the 2023 Panel deliberations (Refs. 1 and 2), FDA agrees with the commenters that reclassification of qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays from class III into class II and that special controls, in addition to general controls, can provide reasonable assurance of the safety and effectiveness of these devices. In addition, FDA expects that the reclassification of these devices would enable more manufacturers to develop them such that patients would benefit from increased access to safe and effective tests.</P>
                <P>(Comment 2) Many commenters emphasized the importance of Point of Care (PoC) tests, particularly for settings that do not have access to blood serum testing whether because of cost or patient hesitancy, for testing and treating patients at the same visit and reducing the risk of patients not returning for follow-up, and for increased mobility and portability. Several commenters suggested that FDA should consider a Clinical Laboratory Improvements Amendments of 1988 (CLIA)—waiver designation for hepatitis B testing to make PoC tests available.</P>
                <P>(Response 2) These comments are beyond the scope of FDA's reclassification order, which applies only to qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays that have been previously approved by FDA. FDA has not approved any such assays as PoC tests or categorized them as CLIA waived. FDA agrees that PoC tests should increase access to testing and encourages the development of such tests in the future.</P>
                <P>(Comment 3) Several comments suggested that FDA set reasonable cutoff values for test sensitivity and specificity, and asserted this would make it feasible for a PoC test to be available in the United States, while limiting false positives and false negatives. Several comments also recommended information be provided, such as sensitivity and specificity benchmark values or a statement to guide clinicians on whether or not reflex testing is warranted, due to the potential for misleading results.</P>
                <P>One commenter stated that screening tests should have high sensitivity to reduce the incidence of false negative results. In situations where a hepatitis B PoC test may have lower sensitivity, the commenter further recommended inclusion of a statement that individuals should have lab-based triple panel confirmatory testing that includes testing for HBsAg, hepatitis B surface antibody (anti-HBs), and total antibody to hepatitis B core antigen (total anti-HBc) to definitively determine a person's hepatitis B status.</P>
                <P>(Response 3) As discussed in response to comment 2, PoC tests are outside the scope of this reclassification. Moreover, the Panel recommendations from the September 7, 2023, meeting were unanimous that performance expectations should not be compromised or lowered compared with approved tests (Refs. 1 and 2). The proposed special controls for qualitative HBV antigen assays and, when applicable, HBV antibody assays state that analytical sensitivity of the assay is the same or better than that of other cleared or approved assays. FDA has added this special control in § 866.3174(b)(2)(ix) for HBV nucleic acid-based assays because it was inadvertently omitted from the proposed order. FDA continues to believe that the special controls finalized in this administrative order are necessary and sufficient to provide reasonable assurance of safety and effectiveness for the HBV assays that are within the scope of this final order.</P>
                <P>
                    The comments regarding providing sensitivity and specificity benchmark values to guide reflex testing and triple panel confirmatory testing are beyond the scope of this reclassification order as they relate to the practice of medicine and current Centers for Disease Control and Prevention (CDC) guidelines (Ref. 3). However, we note that such guidelines are useful to practitioners as they administer these tests and we acknowledged such guidelines in our proposed order.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         See 89 FR 78265 at 78271.
                    </P>
                </FTNT>
                <P>FDA also notes that the scope of the order is diagnostic devices reviewed by CDRH. Screening tests are not within the scope of the reclassification order as indicated by the identification of the respective classification regulations.</P>
                <P>(Comment 4) Several comments encouraged FDA to allow reliable data obtained from approved hepatitis B PoC tests used globally with success for many years when determining the required sample size within the United States.</P>
                <P>
                    (Response 4) As discussed in response to comment 2, PoC tests are outside the scope of this reclassification because FDA has not approved qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays as PoC tests. FDA has not specified a sample size requirement as a necessary risk mitigation in the proposed special controls or final special controls included within this final order. Regarding the utilization of data sourced from outside the United States, FDA has regulations on the acceptance of data from clinical investigations conducted outside the United States (OUS) to support marketing applications for devices and recommends that sponsors that include OUS data in their marketing application explain how the OUS data are applicable to the US population and US medical practice.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         See “Human Subject Protection; Acceptance of Data from Clinical Investigations for Medical Devices” (83 FR 7366) and FDA guidance entitled “Acceptance of Clinical Data to Support Medical Device Applications and Submissions Frequently Asked Questions”, available at 
                        <E T="03">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/acceptance-clinical-data-support-medical-device-applications-and-submissions-frequently-asked.</E>
                    </P>
                </FTNT>
                <PRTPAGE P="44972"/>
                <P>(Comment 5) Some commenters asked for clarification on whether the proposed reclassification is referring to all anti-HBV immunoassays, which would include the rapid serum assays commonly used in the inpatient setting. Commenters stated that it was unclear whether hepatitis B core antibody (HBcAb) Immunoglobulin M (IgM) and Immunoglobulin G (IgG), hepatitis B core antibody total (HBcAb total), and HBe antibody are included in the proposed reclassification.</P>
                <P>
                    (Response 5) The identification language in the classification regulation for HBV antibody assays as stated in the proposed order and new § 866.3173 states that an HBV antibody assay is “intended for prescription use in the detection of antibodies to HBV in human serum, plasma, or other matrices, and as a device that aids in the diagnosis of HBV infection in persons with signs and symptoms of hepatitis and in persons at risk for hepatitis B infection” (see § 866.3173(a)). This classification regulation covers HBV antibody assay types approved to date and assigned to product code LOM,
                    <SU>11</SU>
                    <FTREF/>
                     including serology devices that detect anti-HBc IgM, anti-HBc IgG, anti-HBc total, anti-HBs and anti-HBe. To further clarify which devices are included within the classification, we are simplifying the classification regulation name to “Hepatitis B virus antibody assays” and explaining in the identification language that “results from assays may be qualitative or quantitative, such as quantitative anti-HBs.” The quantitative HBV antibody assays approved to date are quantitative anti-HBs. A quantitative HBV antibody assay other than for anti-HBs could also potentially fall within this classification regulation, if the device has the same intended use and does not raise different questions of safety and effectiveness.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         As noted elsewhere in this document, upon the finalization of this action these devices will fall within the newly created product code SEI.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         The statutory standard for establishing substantial equivalence is defined in section 513(i) of the FD&amp;C Act and further described in FDA guidance entitled “The 510(k) Program: Evaluating Substantial Equivalence in Premarket Notifications [510(k)], available at 
                        <E T="03">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/510k-program-evaluating-substantial-equivalence-premarket-notifications-510k.</E>
                    </P>
                </FTNT>
                <P>(Comment 6) One commenter encouraged FDA to continue post approval safety surveillance and consider implementing mandatory reviews by third parties at certain time intervals to ensure the specificity and sensitivity of these assays remain as initially reported.</P>
                <P>
                    (Response 6) FDA notes there are various mechanisms in place to monitor the post market safety of devices. FDA maintains the MDR database, MAUDE database, and Medical Device Recall database, which allows for additional post-market surveillance of these devices and helps to ensure continued safety for marketed devices. For example, manufacturers are required to report to FDA information that reasonably suggests that their device may have caused or contributed to a death or serious injury, or has malfunctioned and the device or a similar device that the manufacturer markets would be likely to cause or contribute to a death or serious injury if the malfunction were to recur under section 519(a) of the FD&amp;C Act (21 U.S.C. 360i(a)). Manufacturers also must report to FDA any correction or removal of a device undertaken to reduce a risk to health posed by the device, or to remedy a violation of the FD&amp;C Act caused by the device which may present a risk to health under section 519(g) of the FD&amp;C Act. Additionally, if a device's quality falls below that which it purports or is represented to possess, then it may be deemed to be adulterated under section 501(c) of the FD&amp;C Act (21 U.S.C. 351(c)). In addition, routine or for-cause inspections, which may consider compliance with quality system requirements 
                    <SU>13</SU>
                    <FTREF/>
                     applicable to the device, allow for appropriate post-market oversight of these devices with respect to inspections. Hence, FDA does not believe that additional postmarket special controls are necessary to provide reasonable assurance of safety and effectiveness for the HBV assays that are within the scope of this final order. The suggestion of mandatory reviews by third parties is outside the scope of this reclassification order.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         On February 2, 2024, FDA issued a final rule amending the device Quality System Regulation, 21 CFR part 820, to align more closely with internal consensus standards for devices (89 FR 7496). This final rule will take effect on February 2, 2026. Once in effect, this rule will withdraw the majority of the current requirements in part 820 and instead incorporate by reference the 2016 edition of the International Organization for Standardization (ISO) 13485, Medical devices—Quality management systems—Requirements for regulatory purposes, in part 820. As stated in the final rule, the requirements in ISO 13485 are, when taken in totality, substantially similar to the requirements of the current part 820, providing a similar level of assurance in a firm's quality management system and ability to consistently manufacture devices that are safe and effective and otherwise in compliance with the FD&amp;C Act.
                    </P>
                </FTNT>
                <P>(Comment 7) One comment stated that there should be clear instructions to inform individuals that hepatitis B testing performed during early infection may not accurately detect hepatitis B and it is critical for these individuals to be retested at the appropriate interval to reduce the likelihood of false negative results and missed diagnoses.</P>
                <P>(Response 7) FDA agrees with this comment. The special controls for the HBV antibody assays include labeling limitations that a “non-reactive assay result may occur early during acute infection, prior to development of a host antibody response to infection, or when analyte levels are below the limit of detection of the assay” (see § 866.3173(b)(1)(iv)(E)). Additionally, the special controls for the HBV antigen assays include labeling limitations that state that a “non-reactive assay result does not exclude the possibility of exposure to or infection with hepatitis B virus” (see § 866.3172(b)(1)(iv)(E)). Finally, the special controls include labeling limitations that indicate that “[d]iagnosis of hepatitis B infection should not be established on the basis of a single assay result but should be determined by a licensed healthcare professional in conjunction with the clinical presentation, history, and other diagnostic procedures” (see § 866.3172(b)(1)(iv)(C); § 866.3173(b)(1)(iv)(D)).</P>
                <P>(Comment 8) One comment stated there is significant confusion among clinicians regarding when it is appropriate to order total antibody to hepatitis B core antigen (total anti-HBc, which is a measure of both anti-HBc IgG and anti-HBc IgM) testing and when to order hepatitis B core antibody IgM (anti-HBc IgM) testing and how to interpret the results. The commenter recommended the inclusion of clear instructions that clarify anti-HBc IgM testing align with CDC guidelines. Another comment also recommended clear instructions on when to test for and how to interpret the different types of hepatitis B core antibody tests.</P>
                <P>
                    (Response 8) These comments regarding when to conduct total anti-HBc testing or anti-HBc IgM testing based on CDC guidelines and recommendations for clear instructions on testing and interpretation of hepatitis B core antibody tests relate to medical practice guidelines and recommendations provided by professional organizations and are beyond the scope of this reclassification order. However, the special controls for HBV antibody assays include labeling to provide detailed explanation of the interpretation of results and limitations, which must be updated to reflect current clinical practice and disease presentation and management, that address result interpretation (see § 866.3173(b)(1)(iii) and (iv)).
                    <PRTPAGE P="44973"/>
                </P>
                <P>(Comment 9) Another comment stated that for all positive PoC test results, there should be clear instructions on the type of testing necessary to confirm an individual's hepatitis B status. The commenter also stated that for negative PoC test results, the individual should be informed of the need for hepatitis B vaccination to prevent infection.</P>
                <P>(Response 9) These comments regarding confirmatory testing and medical practice and recommendations provided by professional organizations are beyond the scope of this reclassification order.</P>
                <P>(Comment 10) One comment requested that FDA consider expanding the regulation for quantitative HBV nucleic acid-based assays to include diagnostic use (independent of antibody status) for HBV infection in addition to monitoring. The comment stated that detectable HBV DNA is indicative of infection and can be used as a diagnostic marker. In addition, HBV DNA may be detectable sooner after infection than viral antigens and/or antibodies and therefore may enable earlier detection of infection or reactivation of infection.</P>
                <P>(Response 10) This comment is beyond the scope of this reclassification order, which applies only to nucleic acid-based HBV DNA tests for patient management that have been previously approved by FDA. FDA has not approved nucleic acid-based HBV DNA tests intended for diagnosis of HBV infection. Thus, this additional intended use is beyond the scope of FDA's reclassification order.</P>
                <P>(Comment 11) One commenter noted the special controls for HBV nucleic acid-based assays state that: “Samples selected for use must be from subjects with clinically relevant circulating genotypes in the United States” (see § 866.3174(b)(2)(viii)). The commenter requested FDA clarify whether clinical specimens must be used for the analytical studies and whether samples contrived using pre-screened HBV negative clinical specimens containing clinically relevant circulating HBV genotypes in the United States could be used in analytical studies. The commenter suggested that FDA revise the statement to “Samples selected for use in analytical studies or used to prepare samples for use in analytical studies must be from subjects with clinically relevant circulating genotypes in the United States.”</P>
                <P>(Response 11) FDA disagrees that such a clarification is needed. In the past, FDA has generally preferred native clinical samples to provide a reasonable assurance of safety and effectiveness for HBV assays. However, FDA has considered alternative approaches that used contrived samples in specific analytical studies with adequate justification, for example, see the Summary of Safety and Effectiveness Data for P190034 (Ref. 4).</P>
                <P>
                    (Comment 12) One commenter supported FDA's proposal to reclassify certain hepatitis B assays from class III to class II and, citing human immunodeficiency virus (HIV), hepatitis and sexually transmitted infections, stated that FDA should continue to partner with the CDC, National Institutes of Health (NIH) and others to support additional research and interdisciplinary collaboration on these issues. The commenter also recommended that FDA and its partners evaluate the impact of this and other reclassifications in the context of other proposed or recently implemented changes, including those changes per FDA's January 31, 2024, announcement 
                    <SU>14</SU>
                    <FTREF/>
                     that it intended to initiate the reclassification process for most high risk IVDs, the majority of which are infectious disease and companion diagnostic in vitro diagnostic devices.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         CDRH Announces Intent to Initiate the Reclassification Process for Most High Risk IVDs | FDA available at 
                        <E T="03">https://www.fda.gov/medical-devices/medical-devices-news-and-events/cdrh-announces-intent-initiate-reclassification-process-most-high-risk-ivds.</E>
                    </P>
                </FTNT>
                <P>(Response 12) FDA appreciates these comments. FDA is undertaking this reclassification of certain HBV assays on its own initiative as reflected in the Agency's January 31, 2024, announcement. As warranted, FDA collaborates with other organizations such as CDC and NIH to support cross-cutting issues.</P>
                <P>(Comment 13) One commenter recommended that FDA introduce an app that would connect administrators, vaccine manufacturers, public and private vaccine facilities, vaccine recipients, etc. The commenter envisioned that the app would allow individuals to book and schedule online appointments for vaccination and obtain a vaccine certificate and track adverse events following immunization.</P>
                <P>(Response 13) This comment is beyond the scope of this reclassification order.</P>
                <P>(Comment 14) Several commenters also asked FDA to reclassify quantitative HBsAg assays and asserted these assays will be necessary to predict response and monitor efficacy of new therapies that are now in clinical testing if such therapies are approved. One commenter asked FDA to provide device classification if a rapid device is used in combination with other analytes such as HIV Ab, hepatitis C virus (HCV) Ab, or syphilis testing.</P>
                <P>(Response 14) FDA has not approved any quantitative HBsAg test, nor any HBV assay in combination with other analytes such as HIV Ab, HCV Ab, or syphilis testing, thus the comments requesting the reclassification of such devices are beyond the scope of this reclassification order.</P>
                <HD SOURCE="HD1">III. The Final Order</HD>
                <P>FDA is adopting its findings under section 513(f)(3) of the FD&amp;C Act, as published in the preamble to the September 25, 2024 proposed order (89 FR 78265). FDA has made some minor revisions in this final order in response to comments received (see Section II). FDA is issuing this final order to reclassify qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays from class III into class II under three new device classification regulations, and to establish special controls by revising 21 CFR part 866 (adding 21 CFR 866.3172, 866.3173, and 866.3174, respectively).</P>
                <P>The qualitative HBV antigen assay is assigned the classification regulation name “Qualitative hepatitis B virus antigen assays” and it is identified as an in vitro diagnostic device intended for prescription use for qualitative use with human serum, plasma, or other matrices that aids in the diagnosis of chronic or acute HBV infection. HbsAg is also used for screening of HBV infection in pregnant women to identify neonates who are at risk of acquiring hepatitis B during perinatal period. The assay is not intended for screening of blood, plasma, cells, or tissue donors.</P>
                <P>
                    The HBV antibody assay is assigned the classification regulation name “Hepatitis B virus antibody assays” and it is identified as an in vitro diagnostic device intended for prescription use in the detection of antibodies to HBV in human serum, plasma, or other matrices, and as a device that aids in the diagnosis of HBV infection in persons with signs and symptoms of hepatitis and in persons at risk for hepatitis B infection. Results from assays may be qualitative or quantitative, such as quantitative anti-HBs. In addition, results from an anti-HBc IgM (IgM antibodies to core antigen) assay indicating the presence of anti-HBc IgM are indicative of recent HBV infection. Anti-HBs (antibodies to surface antigen) assay results may be used as an aid in the determination of susceptibility to HBV infection in individuals prior to or following HBV vaccination or when vaccination status is unknown. The assay is not intended for screening of 
                    <PRTPAGE P="44974"/>
                    blood, plasma, cells, or tissue donors. The assay is intended as an aid in diagnosis in conjunction with clinical findings and other diagnostic procedures. The identification for § 866.3173(a)(1) has been revised to provide a more accurate description of the devices in this classification regulation.
                </P>
                <P>The quantitative HBV nucleic acid-based assay is assigned the classification regulation name “Hepatitis B virus nucleic acid-based assays” and it is identified as an in vitro diagnostic device intended for prescription use in the detection of HBV nucleic acid in specimens from individuals with antibody evidence of HBV infection. In these devices, the detection of HBV nucleic acid is used as an aid in the management of HBV-infected individuals. The assay is intended for use with human serum or plasma (and other matrices as applicable) from individuals with HBV. The assay is not intended for use as a donor screening assay for the presence of HBV nucleic acids in blood, blood products, plasma, cells, or tissue donors, or as a diagnostic assay to confirm the presence of HBV infection.</P>
                <P>Based on the information discussed in the preamble to the proposed order, the comments received for the proposed order and the Panel meeting, and the 2023 Panel deliberations (Ref. 1 and 2), FDA concludes that special controls, in addition to general controls, provide a reasonable assurance of the safety and effectiveness of qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays. In this final order, the Agency has identified the special controls under section 513(a)(1)(B) of the FD&amp;C Act that, along with general controls, provide a reasonable assurance of the safety and effectiveness of these devices. In this final order, FDA has added the special control at § 866.3174(b)(2)(ix) to require that design verification and validation include analytical sensitivity of the assay that is the same or better than that of other cleared or approved assays because this special control was inadvertently omitted from the proposed order. In addition, FDA has simplified the classification regulation name in § 866.3173 to “Hepatitis B virus antibody assays” and also clarified in the identification language which assays fall within the classification regulation. Finally, in this final order, to provide additional clarification and to efficiently implement this order, the Agency has added an implementation strategy in Section IV.</P>
                <P>FDA has also created a new product code SEI for HBV antibody assays. Qualitative HBV antigen assays will continue to be assigned the product code LOM. Quantitative HBV nucleic acid-based assays will continue to be assigned the product code MKT.</P>
                <P>
                    Section 510(m) of the FD&amp;C Act provides that FDA may exempt a class II device from the premarket notification requirements under section 510(k) of the FD&amp;C Act, if FDA determines that premarket notification is not necessary to provide reasonable assurance of the safety and effectiveness of the device.
                    <SU>15</SU>
                    <FTREF/>
                     FDA has determined that premarket notification is necessary to provide a reasonable assurance of the safety and effectiveness of qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays. Therefore, these devices are not exempt from premarket notification requirements. Thus, under sections 510(k) and 513(f) of the FD&amp;C Act, persons who intend to market a device in any of these device types must submit to FDA a premarket notification, obtain clearance, and demonstrate compliance with the special controls included in this final order, prior to marketing the device.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         In considering whether to exempt class II devices from premarket notification, FDA considers whether premarket notification for the type of device is necessary to provide reasonable assurance of safety and effectiveness of the device. FDA generally considers the factors initially identified in 63 FR 3142 (January 21, 1998) and further explained in FDA guidance “Procedures for Class II Device Exemptions from Premarket Notification, Guidance for Industry, and CDRH Staff” to determine whether premarket notification is necessary for class II devices. FDA also considers that even when exempting devices from the 510(k) requirements, these devices would still be subject to certain limitations on exemptions, for example, the general limitations set forth in 21 CFR 866.9.
                    </P>
                </FTNT>
                <P>
                    Manufacturers may wish to use predetermined change control plans (PCCPs) as a way to implement future modifications to their devices without needing to submit a new 510(k) for each significant change or modification 
                    <SU>16</SU>
                    <FTREF/>
                     while continuing to provide a reasonable assurance of device safety and effectiveness.
                    <SU>17</SU>
                    <FTREF/>
                     FDA reviews a PCCP as part of a marketing submission for a device to ensure the continued safety and effectiveness of the device without necessitating additional marketing submissions for implementing each modification described in the PCCP. When used appropriately, PCCPs authorized by FDA are expected to be least burdensome for manufacturers and FDA.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         For the purpose of this final order reference to “modification” means a significant change or modification that would generally require a new premarket notification under 21 CFR 807.81(a)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         Section 3308 of the Food and Drug Omnibus Reform Act of 2022, Title III of Division FF of the Consolidated Appropriations Act, 2023, Public Law 117-328 (“FDORA”), enacted on December 29, 2022, added section 515C “Predetermined Change Control Plans for Devices” to the FD&amp;C Act. Section 515C has provisions regarding predetermined change control plans (PCCPs) for devices requiring premarket approval or premarket notification. Under section 515C, supplemental applications (section 515C(a)) and new premarket notifications (section 515C(b)) are not required for a change to a device that would otherwise require a premarket approval supplement or new premarket notification if the change is consistent with a PCCP approved or cleared by FDA.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         Sections 513 and 515 of the FD&amp;C Act. See also, FDA's guidance “The Least Burdensome Provisions: Concept and Principles | FDA”.
                    </P>
                </FTNT>
                <P>Under this final order, these qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays are prescription use IVD devices and as such, these assays must satisfy prescription labeling requirements for in vitro diagnostic products (see 21 CFR 809.10(a)(4) and (b)(5)(ii)). These device types would continue to be subject to the submission and device clearance requirements of sections 510(k) and 513 of the FD&amp;C Act and of part 807, subpart E.</P>
                <HD SOURCE="HD1">IV. Implementation Strategy</HD>
                <P>
                    This final order is effective 30 days after the date of its publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>For qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays that have not been offered for sale prior to the effective date of the final order, or for devices that have been legally marketed via PMA before the effective date of this final order but the device is about to be significantly changed or modified per 21 CFR 807.81(a)(3) after the effective date, manufacturers must obtain 510(k) clearance, among other relevant requirements, and demonstrate compliance with the special controls included in this final order, before marketing the new or changed device.</P>
                <P>For qualitative HBV antigen assays, HBV antibody assays, and quantitative HBV nucleic acid-based assays that have been offered for sale prior to the effective date of the final order and have prior PMA approval, such devices may continue to be marketed per the previously approved PMA and do not require an additional marketing application. Any future changes to the device would be subject to 510(k) requirements and governed by 21 CFR 807.81(a)(3).</P>
                <HD SOURCE="HD1">V. Analysis of Environmental Impact</HD>
                <P>
                    We have determined under 21 CFR 25.34(b) that this action is of a type that does not individually or cumulatively have a significant effect on the human 
                    <PRTPAGE P="44975"/>
                    environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.
                </P>
                <HD SOURCE="HD1">VI. Paperwork Reduction Act of 1995</HD>
                <P>This final administrative order establishes special controls that refer to previously approved collections of information found in FDA regulations. These previously approved collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The collections of information in 21 CFR part 820 (Quality System Regulation) have been approved under OMB control number 0910-0073; the collections of information in part 807, subpart E (Premarket Notification Procedures), have been approved under OMB control number 0910-0120; and the collections of information in 21 CFR parts 801 and 809 (Device Labeling) have been approved under OMB control number 0910-0485.</P>
                <HD SOURCE="HD1">VII. Codification of Orders</HD>
                <P>Under section 513(f)(3) of the FD&amp;C Act, FDA may issue final orders to reclassify devices. FDA will continue to codify classifications and reclassifications in the Code of Federal Regulations (CFR). Changes resulting from final orders will appear in the CFR as newly codified orders. Therefore, under section 513(f)(3) of the FD&amp;C Act, we are codifying in this final order the classification of (i) qualitative hepatitis B virus antigen assays in the new 21 CFR 866.3172; (ii) hepatitis B virus antibody assays in the new 21 CFR 866.3173; and (iii) hepatitis B virus nucleic acid-based assays in the new 21 CFR 866.3174, under which each of these device types are reclassified from class III into class II.</P>
                <HD SOURCE="HD1">VIII. References</HD>
                <P>
                    The following references marked with an asterisk (*) are on display at the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500, and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they also are available electronically at 
                    <E T="03">https://www.regulations.gov.</E>
                     References without asterisks are not on public display at 
                    <E T="03">https://www.regulations.gov</E>
                     because they have copyright restriction. Some may be available at the website address, if listed. References without asterisks are available for viewing only at the Dockets Management Staff. Although FDA verified the website addresses in this document, please note that websites are subject to change over time.
                </P>
                <EXTRACT>
                    <FP SOURCE="FP-2">
                        *1. Meeting Transcript Prepared for the September 7, 2023, Meeting of the Microbiology Devices Panel (available at 
                        <E T="03">https://www.fda.gov/media/173609/download</E>
                        ).
                    </FP>
                    <FP SOURCE="FP-2">
                        *2. Summary Minutes Prepared for the September 7, 2023, Meeting of the Microbiology Devices Panel (available at 
                        <E T="03">https://www.fda.gov/media/173610/download</E>
                        ).
                    </FP>
                    <FP SOURCE="FP-2">
                        3. CDC, “Clinical Testing and Diagnosis for Hepatitis B,” 
                        <E T="03">https://www.cdc.gov/hepatitis-b/hcp/diagnosis-testing/index.html.</E>
                         Accessed March 18, 2025.
                    </FP>
                    <FP SOURCE="FP-2">
                        *4. P190034 Summary of Safety and Effectiveness, available at: 
                        <E T="03">https://www.accessdata.fda.gov/cdrh_docs/pdf19/P190034B.pdf.</E>
                    </FP>
                </EXTRACT>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 21 CFR Part 866</HD>
                    <P>Biologics, Laboratories, Medical devices.</P>
                </LSTSUB>
                <P>
                    Therefore, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 
                    <E T="03">et seq.,</E>
                     as amended), and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 866 is amended as follows:
                </P>
                <PART>
                    <HD SOURCE="HED">PART 866—IMMUNOLOGY AND MICROBIOLOGY DEVICES</HD>
                </PART>
                <REGTEXT TITLE="21" PART="866">
                    <AMDPAR>1. The authority citation for part 866 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                             21 U.S.C. 351, 360, 360c, 360e, 360j, 360
                            <E T="03">l,</E>
                             371.
                        </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="21" PART="866">
                    <AMDPAR>2. Add § 866.3172 to subpart D to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 866.3172 </SECTNO>
                        <SUBJECT>Qualitative hepatitis B virus antigen assays.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Identification.</E>
                             A qualitative hepatitis B virus (HBV) antigen assay is identified as an in vitro diagnostic device intended for prescription use for qualitative use with human serum, plasma, or other matrices that aids in the diagnosis of chronic or acute HBV infection. HBV surface antigen (HbsAg) is also used for screening of HBV infection in pregnant women to identify neonates who are at risk of acquiring hepatitis B during perinatal period. The assay is not intended for screening of blood, plasma, cells, or tissue donors.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Classification.</E>
                             Class II (special controls). The special controls for this device are:
                        </P>
                        <P>(1) The labeling required under § 809.10(b) of this chapter must include:</P>
                        <P>(i) A prominent statement that the assay is not intended for the screening of blood, plasma, cells, or tissue donors.</P>
                        <P>(ii) A detailed explanation of the principles of operation and procedures for performing the assay.</P>
                        <P>(iii) A detailed explanation of the interpretation of results.</P>
                        <P>(iv) Limitations, which must be updated to reflect current clinical practice and disease presentation and management. The limitations must include statements that indicate:</P>
                        <P>(A) The specimen types for which the device has been cleared, and that use of this assay with specimen types other than those specifically cleared for this device may result in inaccurate assay results.</P>
                        <P>(B) When appropriate, performance characteristics of the assay have not been established in populations of immunocompromised or immunosuppressed patients or other populations where assay performance may be affected.</P>
                        <P>(C) Diagnosis of hepatitis B infection should not be established on the basis of a single assay result but should be determined by a licensed healthcare professional in conjunction with the clinical presentation, history, and other diagnostic procedures.</P>
                        <P>(D) Detection of HBV antigens indicates a current infection with hepatitis B virus but does not differentiate between acute or chronic infection. False reactive HbsAg result may occur for up to 2 weeks after vaccination with HbsAg containing vaccine.</P>
                        <P>(E) Current methods for the detection of hepatitis B antigens may not detect all potentially infected individuals. A non-reactive assay result does not exclude the possibility of exposure to or infection with hepatitis B virus. A non-reactive assay result in individuals with prior exposure to hepatitis B may be due to but not limited to antigen levels below the detection limit of this assay or lack of antigen reactivity to the antibodies in this assay. HBV mutants lacking the ability to produce antigens have been reported. These may occur as “escape” mutants in the presence of anti-HBV antibodies and such patients may be infectious.</P>
                        <P>(F) Results obtained with this assay may not be used interchangeably with results obtained with a different manufacturer's assay.</P>
                        <P>(2) Design verification and validation must include the following:</P>
                        <P>
                            (i) A detailed device description, including all parts that make up the device, ancillary reagents required but not provided, an explanation of the device methodology, design of the capture antibody(ies), external controls, and computational path from collected raw data to reported result (
                            <E T="03">e.g.,</E>
                             how collected raw signals are converted into a reported signal and result), as applicable to the detection method and device design.
                            <PRTPAGE P="44976"/>
                        </P>
                        <P>
                            (ii) For devices with assay calibrators, the design and composition of all primary, secondary, and subsequent quantitation standards used for calibration as well as their traceability to a standardized reference material that FDA has determined is appropriate (
                            <E T="03">e.g.,</E>
                             a recognized consensus standard). In addition, analytical testing must be performed following the release of a new lot of the standard material that was used for device clearance or approval, or when there is a transition to a new calibration standard.
                        </P>
                        <P>
                            (iii) Documentation and characterization (
                            <E T="03">e.g.,</E>
                             supplier, determination of identity, purity, and stability) of all critical reagents (including description of the capture antibody(ies)), and protocols for maintaining product integrity throughout its labeled shelf life.
                        </P>
                        <P>(iv) Risk analysis and management strategies, such as Failure Modes Effects Analysis and/or Hazard Analysis and Critical Control Points summaries and their impact on assay performance.</P>
                        <P>(v) Final release criteria to be used for manufactured assay lots with appropriate evidence that lots released at the extremes of the specifications will meet the identified analytical and clinical performance characteristics as well as stability.</P>
                        <P>(vi) Stability studies for reagents must include documentation of an assessment of real-time stability for multiple reagent lots using the indicated specimen types and must use acceptance criteria that ensure that analytical and clinical performance characteristics are met when stability is assigned based on the extremes of the acceptance range.</P>
                        <P>(vii) All stability protocols, including acceptance criteria.</P>
                        <P>(viii) Final release assay results for each lot used in clinical studies.</P>
                        <P>(ix) Reproducibility study data that includes the testing of three independent production lots.</P>
                        <P>
                            (x) Detailed documentation of analytical performance studies conducted, as appropriate to the technology, specimen types tested, and intended use of the device, including, the limit of blank (LoB), limit of detection (LoD), cutoff, precision (reproducibility) including lot-to-lot and/or instrument-to-instrument precision, interference, cross reactivity, carryover, hook effect, seroconversion panel testing, matrix equivalency, prominent mutants/variants detection (
                            <E T="03">e.g.,</E>
                             for HbsAg), specimen stability, reagent stability, and cross-genotype antigen detection sensitivity, when appropriate.
                        </P>
                        <P>(xi) Analytical sensitivity of the assay that is the same or better than that of other cleared or approved assays.</P>
                        <P>(xii) For devices with associated software or instrumentation, documentation must include a detailed description of device software, including software applications and hardware-based devices that incorporate software. The detailed description must include documentation of verification, validation, and hazard analysis and risk assessment activities, including an assessment of the impact of threats and vulnerabilities on device functionality and end users/patients as part of cybersecurity review.</P>
                        <P>(xiii) Detailed documentation and results from a clinical study. Performance must be analyzed relative to an FDA cleared or approved HBV antigen assay or a comparator that FDA has determined is appropriate. This study must be conducted using appropriate patient samples, with an appropriate number of HBV reactive and non-reactive samples in applicable risk and disease categories, and any applicable confirmatory testing. Additional relevant patient groups must be validated as appropriate. The samples must include prospective (sequential) samples for each identified specimen type and, as appropriate, additional characterized clinical samples. Samples must be sourced from geographically diverse areas. This study must be conducted in the appropriate settings by the intended users to demonstrate clinical performance.</P>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="21" PART="866">
                    <AMDPAR>3. Add § 866.3173 to subpart D to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 866.3173 </SECTNO>
                        <SUBJECT>Hepatitis B virus antibody assays.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Identification.</E>
                             A hepatitis B virus (HBV) antibody assay is identified as an in vitro diagnostic device intended for prescription use in the detection of antibodies to HBV in human serum, plasma, or other matrices, and as a device that aids in the diagnosis of HBV infection in persons with signs and symptoms of hepatitis and in persons at risk for hepatitis B infection. Results from assays may be qualitative or quantitative, such as quantitative anti-HBs. In addition, results from an anti-HBc IgM (IgM antibodies to core antigen) assay indicating the presence of anti-HBc IgM are indicative of recent HBV infection. Anti-HBs (antibodies to surface antigen) assay results may be used as an aid in the determination of susceptibility to HBV infection in individuals prior to or following HBV vaccination or when vaccination status is unknown. The assay is not intended for screening of blood, plasma, cells, or tissue donors. The assay is intended as an aid in diagnosis in conjunction with clinical findings and other diagnostic procedures.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Classification.</E>
                             Class II (special controls). The special controls for this device are:
                        </P>
                        <P>(1) The labeling required under § 809.10(b) of this chapter must include:</P>
                        <P>(i) A prominent statement that the assay is not intended for the screening of blood, plasma, cells, or tissue donors.</P>
                        <P>(ii) A detailed explanation of the principles of operation and procedures for performing the assay.</P>
                        <P>(iii) A detailed explanation of the interpretation of results.</P>
                        <P>(iv) Limitations, which must be updated to reflect current clinical practice and disease presentation and management. The limitations must include statements that indicate:</P>
                        <P>(A) When appropriate, performance characteristics of the assay have not been established in populations of immunocompromised or immunosuppressed patients or other special populations where assay performance may be affected.</P>
                        <P>(B) Detection of HBV antibodies to a single viral antigen indicates a present or past infection with hepatitis B virus, but does not differentiate between acute, chronic, or resolved infection.</P>
                        <P>(C) The specimen types for which the device has been cleared, and that use of the assay with specimen types other than those specifically cleared for this device may result in inaccurate assay results.</P>
                        <P>(D) Diagnosis of hepatitis B infection should not be established on the basis of a single assay result but should be determined by a licensed healthcare professional in conjunction with the clinical presentation, history, and other diagnostic procedures.</P>
                        <P>(E) A non-reactive assay result may occur early during acute infection, prior to development of a host antibody response to infection, or when analyte levels are below the limit of detection of the assay.</P>
                        <P>(F) Results obtained with this assay may not be used interchangeably with results obtained with a different manufacturer's assay.</P>
                        <P>(v) For devices intended for the quantitative detection of HBV antibodies (anti-HBs), in addition to the special controls listed in paragraphs (b)(1) and (2) of this section, labeling required under § 809.10(b) of this chapter must include:</P>
                        <P>
                            (A) The assay calibrators' traceability to a standardized reference material that FDA has determined is appropriate (
                            <E T="03">e.g.,</E>
                             a recognized consensus standard) and the limit of blank (LoB), limit of 
                            <PRTPAGE P="44977"/>
                            detection (LoD), limit of quantitation (LoQ), linearity, and precision to define the analytical measuring interval.
                        </P>
                        <P>
                            (B) Performance results of the analytical sensitivity study testing a standardized reference material that FDA has determined is appropriate (
                            <E T="03">e.g.,</E>
                             a recognized consensus standard).
                        </P>
                        <P>(2) Design verification and validation must include the following:</P>
                        <P>(i) Detailed device description, including all parts that make up the device, ancillary reagents required but not provided, an explanation of the device methodology, and design of the antigen(s) and capture antibody(ies) sequences, rationale for the selected epitope(s), degree of amino acid sequence conservation of the target, and the design and composition of all primary, secondary and subsequent standards used for calibration.</P>
                        <P>
                            (ii) Documentation and characterization (
                            <E T="03">e.g.,</E>
                             supplier, determination of identity, and stability) of all critical reagents (including description of the antigen(s) and capture antibody(ies)), and protocols for maintaining product integrity throughout its labeled shelf life.
                        </P>
                        <P>(iii) Risk analysis and management strategies, such as Failure Modes Effects Analysis and/or Hazard Analysis and Critical Control Points summaries and their impact on assay performance.</P>
                        <P>(iv) Final release criteria to be used for manufactured assay lots with appropriate evidence that lots released at the extremes of the specifications will meet the identified analytical and clinical performance characteristics as well as stability.</P>
                        <P>(v) Stability studies for reagents must include documentation of an assessment of real-time stability for multiple reagent lots using the indicated specimen types and must use acceptance criteria that ensure that analytical and clinical performance characteristics are met when stability is assigned based on the extremes of the acceptance range.</P>
                        <P>(vi) All stability protocols, including acceptance criteria.</P>
                        <P>(vii) When applicable, analytical sensitivity of the assay that is the same or better than that of other cleared or approved assays.</P>
                        <P>(viii) Analytical performance studies and results for determining the limit of blank (LoB), limit of detection (LoD), cutoff, precision (reproducibility), including lot-to-lot and/or instrument-to-instrument precision, interference, cross reactivity, carryover, hook effect, seroconversion panel testing, matrix equivalency, specimen stability, reagent stability, and cross-genotype antibody detection sensitivity, when appropriate.</P>
                        <P>(ix) For devices intended for the detection of antibodies for which a standardized reference material (that FDA has determined is appropriate) is available, the analytical sensitivity study and results testing the standardized reference material. Detailed documentation of that study and its results must be provided, including the study protocol, study report, testing results, and all statistical analyses.</P>
                        <P>(x) For devices with associated software or instrumentation, documentation must include a detailed description of device software, including software applications and hardware-based devices that incorporate software. The detailed description must include documentation of verification, validation, and hazard analysis and risk assessment activities, including an assessment of the impact of threats and vulnerabilities on device functionality and end users/patients as part of cybersecurity review.</P>
                        <P>(xi) Detailed documentation of clinical performance testing from a clinical study with an appropriate number of HBV reactive and non-reactive samples in applicable risk categories and conducted in the appropriate settings by the intended users. Performance must be analyzed relative to an FDA cleared or approved HBV antibody assay or a comparator that FDA has determined is appropriate. Additional relevant patient groups must be validated as appropriate. The samples must include prospective (sequential) samples for each identified specimen type and, as appropriate, additional characterized clinical samples. Samples must be sourced from geographically diverse areas.</P>
                        <P>(3) For any HBV antibody assay intended for quantitative detection of anti-HBV antibodies, the following special controls, in addition to those special controls listed in paragraphs (b)(1) and (2) of this section, also apply:</P>
                        <P>(i) Detailed documentation of the metrological calibration traceability hierarchy to a standardized reference material that FDA has determined is appropriate.</P>
                        <P>(ii) Detailed documentation of the following analytical performance studies conducted, as appropriate to the technology, specimen types tested, and intended use of the device, including upper and lower limits of quantitation (UloQ and LloQ, respectively), linearity using clinical samples, and an accuracy study using the recognized international standard material.</P>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="21" PART="866">
                    <AMDPAR>4. Add § 866.3174 to subpart D to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 866.3174 </SECTNO>
                        <SUBJECT>Hepatitis B virus nucleic acid-based assays.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Identification.</E>
                             A nucleic acid-based hepatitis B virus (HBV) assay is identified as an in vitro diagnostic device intended for prescription use in the detection of HBV nucleic acid in specimens from individuals with antibody evidence of HBV infection. In these devices, the detection of HBV nucleic acid is used as an aid in the management of HBV-infected individuals. The assay is intended for use with human serum or plasma (and other matrices as applicable) from individuals with HBV. The assay is not intended for use as a donor screening assay for the presence of HBV nucleic acids in blood, blood products, plasma, cells, or tissue donors, or as a diagnostic assay to confirm the presence of HBV infection.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Classification.</E>
                             Class II (special controls). The special controls for this device are:
                        </P>
                        <P>(1) Labeling required under § 809.10(b) of this chapter must include:</P>
                        <P>(i) A prominent statement that the assay is not intended for use as a screening assay for the presence of HBV DNA in blood or blood products, plasma, cells, or tissue donors, or as a diagnostic assay to confirm the presence of HBV infection.</P>
                        <P>(ii) A detailed explanation of the principles of operation and procedures for performing the assay.</P>
                        <P>(iii) A detailed explanation of the interpretation of results.</P>
                        <P>(iv) Limitations, which must be updated to reflect current clinical practice and disease presentation and/or management. These limitations must include statements that indicate:</P>
                        <P>
                            (A) Management of patients undergoing HBV treatment should not be established on the basis of a single assay result but should be determined by a licensed healthcare professional in conjunction with the clinical presentation, history, and other diagnostic procedures, 
                            <E T="03">e.g.,</E>
                             HBV serologic testing, liver function assays, liver elastography, etc.
                        </P>
                        <P>(B) The specimen types for which the device has been cleared, and that use of this assay with specimen types other than those specifically cleared for this device may result in inaccurate assay results.</P>
                        <P>(C) The results obtained with this assay may not be used interchangeably with results obtained with a different manufacturer's assay.</P>
                        <P>(2) Design verification and validation must include the following:</P>
                        <P>
                            (i) Detailed device description, including the device components, ancillary reagents required but not 
                            <PRTPAGE P="44978"/>
                            provided, and an explanation of the device methodology. Additional information appropriate to the technology must be included such as design of primers and probes, rationale for the selected gene targets, specifications for amplicon size, and degree of nucleic acid sequence conservation.
                        </P>
                        <P>
                            (ii) For devices with assay calibrators, the design and composition of all primary, secondary, and subsequent quantitation standards used for calibration as well as their traceability to a standardized reference material that FDA has determined is appropriate (
                            <E T="03">e.g.,</E>
                             a recognized consensus standard). In addition, analytical testing must be performed following the release of a new lot of the standard material that was used for device clearance or approval, or when there is a transition to a new calibration standard.
                        </P>
                        <P>
                            (iii) Documentation and characterization (
                            <E T="03">e.g.,</E>
                             determination of the identity, supplier, purity, and stability) of all critical reagents (including nucleic acid sequences for primers and probes) and protocols for maintaining product integrity.
                        </P>
                        <P>(iv) Risk analysis and management strategies demonstrating how risk control measures are implemented to address device system hazards, such as Failure Modes Effects Analysis and/or Hazard Analysis and Critical Control Points summaries and their impact on assay performance.</P>
                        <P>(v) Final release criteria to be used for manufactured assay lots with appropriate evidence that lots released at the extremes of the specification will meet the identified analytical and clinical performance characteristics as well as stability.</P>
                        <P>(vi) Stability studies for reagents must include documentation of an assessment of real-time stability for multiple reagent lots using the indicated specimen types and must use acceptance criteria that ensure that analytical and clinical performance characteristics are met when stability is assigned based on the extremes of the acceptance range.</P>
                        <P>(vii) All stability protocols, including acceptance criteria.</P>
                        <P>(viii) Detailed documentation of analytical performance studies conducted as appropriate to the technology, specimen types tested, and intended use of the device, including limit of detection (LoD), linearity, precision, endogenous and exogenous interferences, cross-reactivity, carryover, matrix equivalency, sample and reagents stability, and as applicable, upper and lower limits of quantitation (ULoQ and LLoQ, respectively). Samples selected for use must be from subjects with clinically relevant circulating genotypes in the United States. Cross-reactivity studies must include samples from HBV nucleic acid negative subjects with other viral or non-viral causes of liver disease, including autoimmune hepatitis, alcoholic liver disease, chronic hepatitis C virus, primary biliary cirrhosis, and nonalcoholic steatohepatitis, when applicable. The effect of each identified nucleic-acid isolation and purification procedure on detection must be evaluated.</P>
                        <P>(ix) Analytical sensitivity of the assay that is the same or better than that of other cleared or approved assays.</P>
                        <P>(x) For devices with associated software or instrumentation, documentation must include a detailed description of device software, including software applications and hardware-based devices that incorporate software. The detailed description must include documentation of verification, validation, and hazard analysis and risk assessment activities, including an assessment of the impact of threats and vulnerabilities on device functionality and end users/patients as part of cybersecurity review.</P>
                        <P>(xi) Detailed documentation of performance from a clinical study with a design and number of clinical samples (appropriately statistically powered) that is appropriate for the intended use of the device as well as conducted in the appropriate settings by the intended users. The samples must include prospective (sequential) samples for each claimed specimen type and, as appropriate, additional characterized clinical samples. Samples must be sourced from geographically diverse areas. </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18082 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <CFR>21 CFR Part 1010</CFR>
                <DEPDOC>[Docket No. FDA-2018-N-3303]</DEPDOC>
                <SUBJECT>Radiological Health Regulations; Technical Amendments</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; technical amendments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA) is making technical amendments to its radiological health regulations to correct an error. On January 20, 2023, FDA published a final rule entitled “Radiological Health Regulations; Amendments to Records and Reports for Radiation Emitting Electronic Products; Amendments to Performance Standards for Diagnostic X-ray, Laser, and Ultrasonic Products” that inadvertently deleted certain existing regulatory text from the Code of Federal Regulations. This action corrects the error by restoring the inadvertently deleted regulatory text. This action is editorial in nature and is intended to ensure accuracy and clarity in FDA's regulations by restoring inadvertently deleted regulatory text.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective September 18, 2025.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Madhusoodana Nambiar, Office of Policy, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. 5519, Silver Spring, MD 20993-0002, 301-796-5837.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>On January 20, 2023, FDA published a final rule entitled “Radiological Health Regulations: Amendments to Records and Reports for Radiation Emitting Electronic Products; Amendments to Performance Standards for Diagnostic X-ray, Laser, and Ultrasonic Products” (88 FR 3638, January 20, 2023). This rule amended § 1010.4(b) (21 CFR 1010.4(b)) to, among other things, permit manufacturers to submit applications for variances electronically and to remove the requirement for manufacturers to submit multiple paper copies of variance applications. FDA did not intend to make any other changes to § 1010.4(b). However, due to an error in FDA's amendatory instructions, FDA did not instruct the Office of the Federal Register to retain and renumber the prior content of § 1010.4(b)(1). As a result, the prior content of § 1010.4(b)(1)(i)-(xi), which listed the required elements of a variance application, was inadvertently deleted from the Code of Federal Regulations instead of retained and renumbered under § 1010.4(b)(2). This action corrects that error by restoring the inadvertently deleted regulatory text.</P>
                <HD SOURCE="HD1">II. Description of the Technical Amendments</HD>
                <P>
                    FDA is amending § 1010.4 by revising paragraph (b)(2) and adding paragraph 
                    <PRTPAGE P="44979"/>
                    (b)(3) to restore the text that was inadvertently deleted from the Code of Federal Regulations. These amendments are editorial in nature and are intended to ensure accuracy and clarity in FDA's regulations.
                </P>
                <HD SOURCE="HD1">III. Notice and Public Comment</HD>
                <P>Publication of this document constitutes final action on these changes under the Administrative Procedure Act (APA) (5 U.S.C. 553). Under 5 U.S.C. 553(b)(B) of the APA, an agency may, for good cause, find (and incorporate the finding and a brief statement of reasons in the rules issued) that notice and public comment procedure on a rule is impracticable, unnecessary, or contrary to the public interest. FDA has determined that notice and public comment are unnecessary because these amendments only make technical changes to restore provisions that were never intended to be removed. Moreover, during the intervening period following the inadvertent deletion of the prior content of § 1010.4(b)(1)(i)-(xi), affected parties appear to have been operating under the assumption that the required elements of a variance application that were contained in the deleted provisions remained unchanged. For these reasons, FDA has determined that publishing a notice of proposed rulemaking and providing opportunity for public comments is unnecessary.</P>
                <P>In addition, FDA finds good cause for these amendments to become effective on the date of publication of this action. The APA allows an effective date less than 30 days after publication as “provided by the agency for good cause found and published with the rule” (5 U.S.C. 553(d)(3)). A delayed effective date is unnecessary in this case because, as previously stated, FDA did not intend to delete the longstanding prior content of § 1010.4(b)(1), and affected parties appear to have been operating under the assumption that the required elements of a variance application that were contained in the deleted provisions remained unchanged during the intervening period. As a result, affected parties do not need time to prepare before the rule takes effect. Therefore, FDA finds good cause for the amendments to become effective on the date of publication of this action.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 21 CFR Part 1010</HD>
                    <P>Administrative practice and procedure, Electronic products, Exports, Radiation protection.</P>
                </LSTSUB>
                <P>Therefore, under the Federal Food, Drug, and Cosmetic Act, and under the authority delegated to the Commissioner of Food and Drugs, 21 CFR part 1010 is amended as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 1010—PERFORMANCE STANDARDS FOR ELECTRONIC PRODUCTS: GENERAL</HD>
                </PART>
                <REGTEXT TITLE="21" PART="1010">
                    <AMDPAR>1. The authority citation for part 1010 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>21 U.S.C. 351, 352, 360, 360e-360j, 360hh-360ss, 371, 381.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="21" PART="1010">
                    <AMDPAR>2. In § 1010.4, revise paragraph (b)(2) and add paragraph (b)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1010.4 </SECTNO>
                        <SUBJECT>Variances.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(2) The application for variance shall include the following information:</P>
                        <P>(i) A description of the product and its intended use.</P>
                        <P>(ii) An explanation of how compliance with the applicable standard would restrict or be inappropriate for this intended use.</P>
                        <P>(iii) A description of the manner in which it is proposed to deviate from the requirements of the applicable standard.</P>
                        <P>(iv) A description of the advantages to be derived from such deviation.</P>
                        <P>(v) An explanation of how alternate or suitable means of radiation protection will be provided.</P>
                        <P>(vi) The period of time it is desired that the variance be in effect, and, if appropriate, the number of units the applicant wishes to manufacture.</P>
                        <P>(vii) In the case of prototype or experimental equipment, the proposed location of each unit.</P>
                        <P>(viii) Such other information required by regulation or by the Director, Center for Devices and Radiological Health, to evaluate and act on the application.</P>
                        <P>(ix) With respect to each nonclinical laboratory study contained in the application, either a statement that the study was conducted in compliance with the good laboratory practice regulations set forth in part 58 of this chapter, or, if the study was not conducted in compliance with such regulations, a brief statement of the reason for the noncompliance.</P>
                        <P>(x) [Reserved]</P>
                        <P>(xi) If the electronic product is used in a clinical investigation involving human subjects, is subject to the requirements for institutional review set forth in part 56 of this chapter, and is subject to the requirements for informed consent set forth in part 50 of this chapter, the investigation shall be conducted in compliance with such requirements.</P>
                        <P>(3) The application for amendment or extension of a variance shall include the following information:</P>
                        <P>(i) The variance number and expiration date.</P>
                        <P>(ii) The amendment or extension requested and basis for the amendment or extension.</P>
                        <P>(iii) A description of the effect of the amendment or extension on protection from radiation produced by the product.</P>
                        <P>(iv) An explanation of how alternate or suitable means of protection will be provided.</P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18080 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBAGY>Drug Enforcement Administration</SUBAGY>
                <CFR>21 CFR Part 1308</CFR>
                <DEPDOC>[Docket No. DEA-1457]</DEPDOC>
                <SUBJECT>Schedules of Controlled Substances: Placement of Seven Specific Fentanyl-Related Substances in Schedule I</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Drug Enforcement Administration, Department of Justice.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Drug Enforcement Administration places seven fentanyl-related substances, as identified in this final rule, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers in schedule I of the Controlled Substances Act. The regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle these seven specific controlled substances will continue to apply as a result of this action.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective September 18, 2025.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dr. Terrence L. Boos, Drug and Chemical Evaluation Section, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 362-3249.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In this final rule, the Drug Enforcement Administration (DEA) permanently schedules the following seven controlled substances in schedule I of the Controlled Substances Act (CSA), including their isomers, esters, ethers, salts, and salts of isomers, esters, and 
                    <PRTPAGE P="44980"/>
                    ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
                </P>
                <P>
                    • 
                    <E T="03">para</E>
                    -chlorofentanyl (
                    <E T="03">N</E>
                    -(4-chlorophenyl)-
                    <E T="03">N</E>
                    -(1-phenethylpiperidin-4-yl)propionamide),
                </P>
                <P>
                    • 
                    <E T="03">ortho</E>
                    -chlorofentanyl (
                    <E T="03">N</E>
                    -(2-chlorophenyl)-
                    <E T="03">N</E>
                    -(1-phenethylpiperidin-4-yl)propionamide),
                </P>
                <P>
                    • 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl (
                    <E T="03">N</E>
                    -(3-fluorophenyl)-
                    <E T="03">N</E>
                    -(1-phenethylpiperidin-4-yl)furan-2-carboxamide),
                </P>
                <P>
                    • 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl (
                    <E T="03">N</E>
                    -(2-methylphenyl)-
                    <E T="03">N</E>
                    -(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide),
                </P>
                <P>
                    • 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl (
                    <E T="03">N</E>
                    -phenyl-
                    <E T="03">N</E>
                    -(1-(2-phenylpropyl)piperidin-4-yl)acetamide),
                </P>
                <P>
                    • tetrahydrothiofuranyl fentanyl (
                    <E T="03">N</E>
                    -(1-phenethylpiperidin-4-yl)-
                    <E T="03">N</E>
                    -phenyltetrahydrothiophene-2-carboxamide),
                </P>
                <P>
                    • 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl (
                    <E T="03">N</E>
                    -(4-fluorophenyl)-
                    <E T="03">N</E>
                    -(1-phenethylpiperidin-4-yl)pentanamide).
                </P>
                <HD SOURCE="HD1">Legal Authority</HD>
                <P>
                    The CSA provides that proceedings for the issuance, amendment, or repeal of the scheduling of any drug or other substance may be initiated by the Attorney General (delegated to the Administrator of DEA pursuant to 28 CFR 0.100) on her own motion, at the request of the Secretary of Health and Human Services (HHS), or on the petition of an interested party.
                    <SU>1</SU>
                    <FTREF/>
                     This action is supported by, 
                    <E T="03">inter alia,</E>
                     a recommendation from the then-Assistant Secretary for Health of HHS (Assistant Secretary for HHS or Assistant Secretary) and an evaluation of all other relevant data by DEA. This action continues the imposition of the regulatory controls and administrative, civil, and criminal sanctions of schedule I controlled substances on any person who handles (manufactures, distributes, imports, exports, engages in research, or conducts instructional activities or chemical analysis with, or possesses) or proposes to handle these seven substances.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         21 U.S.C. 811(a).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On February 6, 2018, pursuant to 21 U.S.C. 811(h)(1), DEA published an order in the 
                    <E T="04">Federal Register</E>
                     temporarily placing fentanyl-related substances, as defined in that order, in schedule I of the CSA based upon a finding that these substances pose an imminent hazard to the public safety.
                    <SU>2</SU>
                    <FTREF/>
                     The seven substances named in this final rule meet the existing definition of fentanyl-related substances as they are not otherwise controlled in any other schedule (
                    <E T="03">i.e.,</E>
                     not included under another DEA Controlled Substance Code Number) and are structurally related to fentanyl by one or more of the five modifications listed under the definition. That temporary order was effective upon the date of publication.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">Schedules of Controlled Substances: Temporary Placement of Fentanyl-Related Substances in Schedule I,</E>
                         83 FR 5188 (Feb. 6, 2018).
                    </P>
                </FTNT>
                <P>
                    Pursuant to 21 U.S.C. 811(h)(2), the temporary control of fentanyl-related substances, a class of substances as defined in the order, as well as the seven specific substances already covered by that order, was set to expire on February 6, 2020. However, on February 6, 2020, as explained in DEA's April 10, 2020, correcting amendment,
                    <SU>3</SU>
                    <FTREF/>
                     Congress extended that expiration date until May 6, 2021, by enacting the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act.
                    <SU>4</SU>
                    <FTREF/>
                     This temporary order was subsequently extended multiple times, most recently on March 15, 2025, which extended the order until September 30, 2025.
                    <SU>5</SU>
                    <FTREF/>
                     Also, on December 30, 2024, the then-DEA Administrator extended the temporary order in a separate action.
                    <SU>6</SU>
                    <FTREF/>
                     On the same day, the then-Administrator, on her own motion pursuant to 21 U.S.C. 811(a), initiated scheduling proceedings and published a notice of proposed rulemaking (NPRM) to permanently control these seven specific fentanyl-related substances in schedule I of the CSA.
                    <SU>7</SU>
                    <FTREF/>
                     Specifically, DEA proposed to add these substances to the opiates list under 21 CFR 1308.11(b).
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">Schedules of Controlled Substances: Temporary Placement of Fentanyl-Related Substances in Schedule I; Correction,</E>
                         85 FR 20155 (Apr. 10, 2020).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Public Law 116-114, sec. 2, 134 Stat. 103.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Public Law 119-4, sec. 3105, 139 Stat. 9.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Schedules of Controlled Substances: Extension of Temporary Placement of Seven Specific Fentanyl-Related Substances in Schedule I of the Controlled Substances Act, 89 FR 106311 (Dec. 30, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Schedules of Controlled Substances: Placement of Seven Specific Fentanyl-Related Substances in Schedule I, 89 FR 106384 (Dec. 30, 2024). After the publication of the NPRM, Congress enacted the HALT Fentanyl Act, Public Law 119-26 (July 16, 2025), which, among other things, permanently places fentanyl-related substances as a class into schedule I of the CSA.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">DEA and HHS Eight Factor Analyses</HD>
                <P>
                    On October 25, 2024, the then-Assistant Secretary submitted HHS's scientific and medical evaluation and scheduling recommendation for 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl and their salts to the then-Administrator, which recommended placing these seven specific fentanyl-related substances and their salts in schedule I of the CSA. In accordance with 21 U.S.C. 811(c), upon receipt of the scientific and medical evaluation and scheduling recommendation from HHS, DEA reviewed the documents and all other relevant data and conducted its own eight-factor analysis of the abuse potential of these seven fentanyl-related substances.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         Both the DEA and HHS eight-factor analyses are available in their entirety under the tab “Supporting Documents” of the public docket for this action at 
                        <E T="03">https://www.regulations.gov</E>
                         under Docket Number “DEA-1457.”
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Determination To Permanently Schedule Seven Specific Fentanyl-Related Substances</HD>
                <P>
                    After review of the available data, including the scientific and medical evaluation and the scheduling recommendations from HHS, DEA published an NPRM in the 
                    <E T="04">Federal Register</E>
                     on December 30, 2024, which proposed the placement of seven specific fentanyl-related substances in schedule I of the CSA.
                    <SU>9</SU>
                    <FTREF/>
                     The NPRM provided an opportunity for interested persons to file a request for a hearing in accordance with DEA regulations on or before January 29, 2025. DEA did not receive a hearing request. The NPRM also provided an opportunity for interested persons to submit comments on the proposed rule on or before January 29, 2025. DEA did not receive any comment on the proposed rule to control these seven specific fentanyl-related substances in schedule I of the CSA.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Schedules of Controlled Substances: Placement of Seven Specific Fentanyl-Related Substances in Schedule I, 89 FR 106384 (Dec. 30, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Scheduling Conclusion</HD>
                <P>
                    After consideration of the scientific and medical evaluation and accompanying scheduling recommendation of HHS, and DEA's own eight-factor analysis, DEA finds that these facts and all relevant data constitute substantial evidence of potential for abuse for 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl. DEA is therefore permanently scheduling these seven fentanyl-related substances as schedule I controlled substances under the CSA.
                    <PRTPAGE P="44981"/>
                </P>
                <HD SOURCE="HD1">Determination of Appropriate Schedule</HD>
                <P>
                    The CSA establishes five schedules of controlled substances known as schedules I, II, III, IV, and V, and outlines the findings required to place a drug or other substance in any particular schedule.
                    <SU>10</SU>
                    <FTREF/>
                     After consideration of the analysis and recommendation of the then-Assistant Secretary for HHS and review of all other available data, the Administrator of DEA, pursuant to 21 U.S.C. 811(a) and 21 U.S.C. 812(b)(1), finds that:
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         21 U.S.C. 812(b).
                    </P>
                </FTNT>
                <P>
                    (1) 
                    <E T="03">para</E>
                    -Chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl, similar to morphine and fentanyl, are mu-opioid receptor agonists. These seven fentanyl-related substances have analgesic effects that are mediated by mu-opioid receptor agonism. Substances that produce mu-opioid receptor agonist effects in the central nervous system are considered as having a high potential for abuse (
                    <E T="03">e.g.</E>
                    , morphine and fentanyl). Pharmacological data obtained from drug discrimination studies on these seven fentanyl-related substances show they fully substituted for the discriminative stimulus effects of morphine.
                </P>
                <P>
                    (2) There is no Food and Drug Administration (FDA)-approved drug application for 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, or 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl in the United States. Further, there are no adequate and well-controlled clinical studies for any of these substances, and there are no well-defined finished dosage forms for any of these fentanyl-related substances. There are no known therapeutic applications for these seven fentanyl-related substances, and thus they have no currently accepted medical use in the United States.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         Pursuant to 21 U.S.C 812(b)(1)(B), when placing a drug or substance in schedule I of the CSA, DEA must consider whether the substance has a currently accepted medical use in treatment in the United States. First, DEA looks to whether the drug or substance has FDA approval. When no FDA approval exists, DEA has traditionally applied a five-part test to a drug or substance to determine whether a drug or substance has a currently medical use: i. the drug's chemistry must be known and reproducible; ii. there must be adequate safety studies; iii. there must be adequate and well-controlled studies proving efficacy; iv. the drug must be accepted by qualified experts; and v. the scientific evidence must be widely available. Marijuana Scheduling Petition; Denial of Petition; Remand, 57 FR 10499 (Mar. 26, 1992), 
                        <E T="03">pet. for rev. denied, Alliance for Cannabis Therapeutics</E>
                         v. 
                        <E T="03">Drug Enforcement Admin.,</E>
                         15 F.3d 1131, 1135 (D.C. Cir. 1994). DEA applied the traditional five-part test and concluded the test was not satisfied. In a recent published letter in a different context, HHS applied an additional two-part test to determine currently accepted medical use for substances that do not satisfy the five-part test: (1) whether there exists widespread, current experience with medical use of the substance by licensed health care providers operating in accordance with implemented jurisdiction-authorized programs, where medical use is recognized by entities that regulate the practice of medicine, and, if so, (2) whether there exists some credible scientific support for at least one of the medical conditions for which part (1) is satisfied. On April 11, 2024, the Department of Justice's Office of Legal Counsel (OLC) issued an opinion, which, among other things, concluded that HHS's two-part test would be sufficient to establish that a drug has a currently accepted medical use. Office of Legal Counsel, Memorandum for Merrick B. Garland Attorney General Re: Questions Related to the Potential Rescheduling of Marijuana at 3 (April 11, 2024). In its eight-factor assessment, HHS determined that these seven fentanyl-related substances did not satisfy this two-part test. Therefore, since both DEA and HHS have determined that these seven fentanyl-related substances do not satisfy the five-part test, and HHS has determined that these seven fentanyl-related substances do not satisfy the additional two-part test, DEA concludes that 
                        <E T="03">para</E>
                        -chlorofentanyl, 
                        <E T="03">ortho</E>
                        -chlorofentanyl, 
                        <E T="03">meta</E>
                        -fluorofuranyl fentanyl, 
                        <E T="03">ortho-</E>
                        methylcyclopropyl fentanyl, 
                        <E T="03">beta-</E>
                        methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                        <E T="03">para</E>
                        -fluoro valeryl fentanyl do not have a currently accepted medical use.
                    </P>
                </FTNT>
                <P>
                    (3) There is a lack of accepted safety for use of 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl under medical supervision. Because these seven substances have no FDA-approved medical use and have not been investigated as new drugs, their safety for use under medical supervision has not been determined. Therefore, there is a lack of accepted safety for use of these seven substances under medical supervision.
                </P>
                <P>
                    Based on these findings, the Administrator of DEA concludes that 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, warrant continued control in schedule I of the CSA.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         21 U.S.C. 812(b)(1).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">
                    Requirements for Handling 
                    <E T="7462">para</E>
                    -Chlorofentanyl, 
                    <E T="7462">ortho</E>
                    -Chlorofentanyl, 
                    <E T="7462">meta</E>
                    -Fluorofuranyl fentanyl, 
                    <E T="7462">ortho-</E>
                    Methylcyclopropyl fentanyl, 
                    <E T="7462">beta-</E>
                    Methylacetyl fentanyl, Tetrahydrothiofuranyl fentanyl, and 
                    <E T="7462">para</E>
                    -Fluoro valeryl fentanyl
                </HD>
                <P>
                    As discussed above, these seven fentanyl-related substances are currently subject to a temporary scheduling order, which added them to schedule I. 
                    <E T="03">para</E>
                    -Chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl will continue to be subject to the CSA's schedule I regulatory controls and administrative, civil, and criminal sanctions applicable to the manufacture, distribution, dispensing, importing, exporting, research, and conduct of instructional activities, including the following:
                </P>
                <P>
                    1. 
                    <E T="03">Registration.</E>
                     Any person who handles (manufactures, distributes, dispenses, imports, exports, engages in research, or conducts instructional activities or chemical analysis with, or possesses) 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl must be registered with DEA to conduct such activities pursuant to 21 U.S.C. 822, 823, 957, and 958, and in accordance with 21 CFR parts 1301 and 1312. Retail sales of schedule I controlled substances to the general public are not allowed under the CSA. Possession of any quantity of these substances in a manner not authorized by the CSA is unlawful and those in possession of any quantity of these substances may be subject to prosecution pursuant to the CSA.
                </P>
                <P>
                    2. 
                    <E T="03">Disposal of stocks. para</E>
                    -Chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl must be disposed of in accordance with 21 CFR part 1317, in addition to all other applicable federal, state, local, and tribal laws.
                </P>
                <P>
                    3. 
                    <E T="03">Security. para</E>
                    -Chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl are subject to schedule I security requirements and must be handled and stored pursuant to 
                    <PRTPAGE P="44982"/>
                    21 U.S.C. 821, 823, and in accordance with 21 CFR 1301.71 through 1301.76. Non-practitioners handling these seven substances also must comply with the screening requirements of 21 CFR 1301.90 through 1301.93.
                </P>
                <P>
                    4. 
                    <E T="03">Labeling and Packaging.</E>
                     All labels and labeling for commercial containers of 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl must comply with 21 U.S.C. 825 and 958(e) and be in accordance with 21 CFR part 1302.
                </P>
                <P>
                    5. 
                    <E T="03">Quota.</E>
                     Only registered manufacturers are permitted to manufacture 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl in accordance with a quota assigned pursuant to 21 U.S.C. 826 and in accordance with 21 CFR part 1303.
                </P>
                <P>
                    6. 
                    <E T="03">Inventory.</E>
                     Any person registered with DEA to handle 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl must have an initial inventory of all stocks of controlled substances (including these substances) on hand on the date the registrant first engages in the handling of controlled substances pursuant to 21 U.S.C. 827 and 958(e), and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11. After the initial inventory, every DEA registrant must take a new inventory of all stocks of controlled substances (including 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl) on hand every two years pursuant to 21 U.S.C. 827 and 958(e) and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11.
                </P>
                <P>
                    7. 
                    <E T="03">Records and Reports.</E>
                     Every DEA registrant must maintain records and submit reports with respect to 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl, pursuant to 21 U.S.C. 827, 832(a), and 958(e), and in accordance with 21 CFR 1301.74(b) and (c) and 1301.76(b) and parts 1304, 1312, and 1317. Manufacturers and distributors would be required to submit reports regarding 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl to the Automation of Reports and Consolidated Order System pursuant to 21 U.S.C. 827, and in accordance with 21 CFR parts 1304 and 1312.
                </P>
                <P>
                    8. 
                    <E T="03">Order Forms.</E>
                     Every DEA registrant who distributes 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl must comply with the order form requirements, pursuant to 21 U.S.C. 828 and 21 CFR part 1305.
                </P>
                <P>
                    9. 
                    <E T="03">Importation and Exportation.</E>
                     All importation and exportation of 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl must be in compliance with 21 U.S.C. 952, 953, 957, and 958, and in accordance with 21 CFR part 1312.
                </P>
                <P>
                    10. 
                    <E T="03">Liability.</E>
                     Any activity involving 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl not authorized by, or in violation of, the CSA or its implementing regulations is unlawful, and may subject the person to administrative, civil, and/or criminal sanctions.
                </P>
                <HD SOURCE="HD1">Regulatory Analyses</HD>
                <HD SOURCE="HD2">Executive Orders 12866, 13563, 14192, and 14294</HD>
                <P>In accordance with 21 U.S.C. 811(a), this final scheduling action is subject to formal rulemaking procedures done “on the record after opportunity for a hearing,” which are conducted pursuant to the provisions of 5 U.S.C. 556 and 557. The CSA sets forth the criteria for scheduling a drug or other substance. Such actions are exempt from review by the Office of Management and Budget (OMB) pursuant to section 3(d)(1) of Executive Order (E.O.) 12866 and the principles reaffirmed in E.O. 13563. DEA scheduling actions are not subject to either E.O. 14192, Unleashing Prosperity Through Deregulations, or E.O. 14294, Fighting Overcriminalization in Federal Regulations.</P>
                <HD SOURCE="HD2">Executive Order 12988, Civil Justice Reform</HD>
                <P>This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of E.O. 12988 to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction.</P>
                <HD SOURCE="HD2">Executive Order 13132, Federalism</HD>
                <P>This rulemaking does not have federalism implications warranting the application of E.O. 13132. The rule does not have substantial direct effects on the States, on the relationship between the National Government and the States, or the distribution of power and responsibilities among the various levels of government.</P>
                <HD SOURCE="HD2">Executive Order 13175, Consultation and Coordination With Indian Tribal Governments</HD>
                <P>This rule does not have tribal implications warranting the application of E.O. 13175. It does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.</P>
                <HD SOURCE="HD2">Regulatory Flexibility Act</HD>
                <P>
                    The Administrator, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 601-612, has reviewed this rule and by approving it, certifies that it will not have a significant economic impact on a substantial number of small entities. On February 6, 2018, DEA published an order to temporarily place fentanyl-related substances, as defined in the order, in schedule I of the CSA pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). However, as explained in DEA's April 10, 2020, correcting amendment,
                    <SU>13</SU>
                    <FTREF/>
                     Congress extended that expiration date until May 6, 2021, by enacting the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act.
                    <SU>14</SU>
                    <FTREF/>
                     This temporary order was subsequently extended multiple times, most recently on March 15, 2025, which extended the order until September 30, 2025.
                    <SU>15</SU>
                    <FTREF/>
                     Also, on December 30, 2024, the then-DEA Administrator extended the temporary 
                    <PRTPAGE P="44983"/>
                    order to these seven fentanyl-related substances in a separate action.
                    <SU>16</SU>
                    <FTREF/>
                     Thus, DEA estimates that all entities handling or planning to handle 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl have already established and implemented systems and processes required to handle these substances which meet the definition of fentanyl-related substances.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">Schedules of Controlled Substances: Temporary Placement of Fentanyl-Related Substances in Schedule I; Correction,</E>
                         85 FR 20155 (Apr. 10, 2020).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Public Law 116-114, sec. 2, 134 Stat. 103.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         Public Law 119-4, sec. 3105, 139 Stat. 9.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Schedules of Controlled Substances: Extension of Temporary Placement of Seven Specific Fentanyl-Related Substances in Schedule I of the Controlled Substances Act, 89 FR 106311 (Dec. 30, 2024).
                    </P>
                </FTNT>
                <P>
                    There are currently 170 registrations authorized to specifically handle the fentanyl-related substances as a class, which include one or more of the following substances: 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl, as well as a number of registered analytical labs that are authorized to handle schedule I controlled substances generally. Some of these entities are likely to be large entities. However, since DEA does not have information of registrant size, DEA conservatively assumes all of the 170 registrants affected by this rule are small entities.
                </P>
                <P>
                    A review of the 170 registrations indicates that all entities that currently handle 
                    <E T="03">para</E>
                    -chlorofentanyl, 
                    <E T="03">ortho</E>
                    -chlorofentanyl, 
                    <E T="03">meta</E>
                    -fluorofuranyl fentanyl, 
                    <E T="03">ortho-</E>
                    methylcyclopropyl fentanyl, 
                    <E T="03">beta-</E>
                    methylacetyl fentanyl, tetrahydrothiofuranyl fentanyl, and 
                    <E T="03">para</E>
                    -fluoro valeryl fentanyl also handle other schedule I controlled substances and have established and implemented (or maintained) systems and processes required to handle these substances. Therefore, DEA anticipates this final rule will impose minimal or no economic impact on any affected entities; and thus, will not have a significant economic impact on any of the 170 affected small entities. Consequently, DEA has concluded that this final rule will not have a significant economic impact on a substantial number of small entities.
                </P>
                <HD SOURCE="HD2">Unfunded Mandates Reform Act of 1995</HD>
                <P>
                    In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 2 U.S.C. 1501 
                    <E T="03">et seq.,</E>
                     DEA has determined and certifies that this action would not result in any Federal mandate that may result “in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year. . . .” Therefore, neither a Small Government Agency Plan nor any other action is required under the UMRA of 1995.
                </P>
                <HD SOURCE="HD2">Paperwork Reduction Act of 1995</HD>
                <P>
                    This rule would not impose a new collection or modify an existing collection of information under the Paperwork Reduction Act of 1995.
                    <SU>17</SU>
                    <FTREF/>
                     Also, this rule would not impose new or modify existing recordkeeping or reporting requirements on state or local governments, individuals, businesses, or organizations. However, this rule would require compliance with the following existing OMB collections: 1117-0003, 1117-0004, 1117-0006, 1117-0008, 1117-0009, 1117-0010, 1117-0012, 1117-0014, 1117-0021, 1117-0023, 1117-0029, and 1117-0056. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         44 U.S.C. 3501-3521.
                    </P>
                </FTNT>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 21 CFR Part 1308</HD>
                    <P>Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements. </P>
                </LSTSUB>
                <P>For the reasons set out above, DEA amends 21 CFR part 1308 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES</HD>
                </PART>
                <REGTEXT TITLE="21" PART="1308">
                    <AMDPAR>1. The authority citation for part 1308 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="21" PART="1308">
                    <AMDPAR>2. In 1308.11:</AMDPAR>
                    <AMDPAR>a. Redesignate paragraphs (b)(104) through (110) as paragraphs (b)(111) through (117);</AMDPAR>
                    <AMDPAR>b. Redesignate paragraphs (b)(87) through (103) as paragraphs (b)(93) through (109);</AMDPAR>
                    <AMDPAR>c. Redesignate paragraphs (b)(84) through (86) as paragraphs (b)(89) through (91);</AMDPAR>
                    <AMDPAR>d. Redesignate paragraphs (b)(82) and (83) as paragraphs (b)(86) and (87);</AMDPAR>
                    <AMDPAR>e. Redesignate paragraphs (b)(76) through (81) as paragraphs (b)(79) through (84);</AMDPAR>
                    <AMDPAR>f. Redesignate paragraphs (b)(59) through (75) as paragraphs (b)(61) through (77);</AMDPAR>
                    <AMDPAR>g. Redesignate paragraphs (b)(21) through (58) as paragraphs (b)(22) through (59);</AMDPAR>
                    <AMDPAR>h. Add new paragraphs (b)(21), (60), (78), (85), (88), (92), and (110); and</AMDPAR>
                    <AMDPAR>i. Remove and reserve paragraphs h(70) through h(76).</AMDPAR>
                    <P>The additions to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1308.11 </SECTNO>
                        <SUBJECT> Schedule I.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <GPOTABLE COLS="2" OPTS="L1,nj,tp0,p1,8/9,i1" CDEF="s150,12">
                            <TTITLE> </TTITLE>
                            <BOXHD>
                                <CHED H="1"> </CHED>
                                <CHED H="1"> </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    (21) 
                                    <E T="03">beta-</E>
                                    methylacetyl fentanyl (
                                    <E T="03">N</E>
                                    -phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)acetamide)
                                </ENT>
                                <ENT>9868</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    (60) 
                                    <E T="03">meta</E>
                                    -fluorofuranyl fentanyl (
                                    <E T="03">N</E>
                                    -(3-fluorophenyl)-
                                    <E T="03">N</E>
                                    -(1-phenethylpiperidin-4-yl)furan-2-carboxamide)
                                </ENT>
                                <ENT>9871</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    (78) 
                                    <E T="03">ortho</E>
                                    -chlorofentanyl (
                                    <E T="03">N</E>
                                    -(2-chlorophenyl)-
                                    <E T="03">N</E>
                                    -(1-phenethylpiperidin-4-yl)propionamide
                                </ENT>
                                <ENT>9828</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    (85)
                                    <E T="03"> ortho-</E>
                                    methylcyclopropyl fentanyl (
                                    <E T="03">N</E>
                                    -(2-methylphenyl)-
                                    <E T="03">N</E>
                                    -(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide)
                                </ENT>
                                <ENT>9849</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    (88) 
                                    <E T="03">para</E>
                                    -chlorofentanyl (
                                    <E T="03">N</E>
                                    -(4-chlorophenyl)-
                                    <E T="03">N</E>
                                    -(1-phenethylpiperidin-4-yl)propionamide)
                                </ENT>
                                <ENT>9818</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    (92) 
                                    <E T="03">para</E>
                                    -fluoro valeryl fentanyl (
                                    <E T="03">N</E>
                                    -(4-fluorophenyl)-
                                    <E T="03">N</E>
                                    -(1-phenethylpiperidin-4-yl)pentanamide)
                                </ENT>
                                <ENT>9870</ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="44984"/>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    (110) tetrahydrothiofuranyl fentanyl (also known as: tetrahydrothiophene fentanyl) (
                                    <E T="03">N</E>
                                    -(1-phenethylpiperidin-4-yl)-
                                    <E T="03">N</E>
                                    -phenyltetrahydrothiophene-2-carboxamide)
                                </ENT>
                                <ENT>9869</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                        <HD SOURCE="HD1">Signing Authority</HD>
                        <P>
                            This document of the Drug Enforcement Administration was signed on September 8, 2025, by Administrator Terrance Cole. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the 
                            <E T="04">Federal Register</E>
                            .
                        </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <NAME>Heather Achbach, </NAME>
                    <TITLE>Federal Register Liaison Officer, Drug Enforcement Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18103 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-09-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <CFR>33 CFR Part 165</CFR>
                <DEPDOC>[Docket Number USCG-2025-0868]</DEPDOC>
                <RIN>RIN 1625-AA00</RIN>
                <SUBJECT>Safety Zone; San Pedro Bay, Long Beach, CA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard is establishing a temporary safety zone for navigable waters within a 500-yard radius of Port of Long Beach Berth G232, and within a 500-yard radius of all first-responder vessels involved in response operations. The safety zones are needed to protect personnel, vessels, and the marine environment from potential hazards from unsecured shipping containers present in the water. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Los Angeles—Long Beach.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective without actual notice from September 18, 2025 through October 3, 2025. For the purposes of enforcement, actual notice will be used from September 14, 2025, until September 18, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To view available documents go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for USCG-2025-0868.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions about this rule, contact LCDR Kevin Kinsella, Sector Los Angeles—Long Beach Waterways Management Division, U.S. Coast Guard; telephone 310-521-3860, or email 
                        <E T="03">D11-SMB-SectorLALB-WWM@uscg.mil</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Table of Abbreviations</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
                    <FP SOURCE="FP-1">COTP Captain of the Port</FP>
                    <FP SOURCE="FP-1">DHS Department of Homeland Security</FP>
                    <FP SOURCE="FP-1">FR Federal Register</FP>
                    <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP>
                    <FP SOURCE="FP-1">§ Section </FP>
                    <FP SOURCE="FP-1">U.S.C. United States Code</FP>
                </EXTRACT>
                <HD SOURCE="HD1">II. Background and Authority</HD>
                <P>The Coast Guard received notification that approximately 84 shipping containers have fallen into the water in the vicinity of Port of Long Beach Berth G232. The Captain of the Port (COTP) Los Angeles—Long Beach has determined that potential hazards associated with unsecured shipping containers presents a hazard to persons, vessels and the marine environment within the Port of Long Beach. Therefore, the COTP is issuing this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zones.</P>
                <P>The Coast Guard is issuing this rule without prior notice and comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable and contrary to the public interest. The Coast Guard was notified of this event on September 9, 2025, but we must establish this safety zone by September 14, 2025, to protect personnel, vessels, and the marine environment. Therefore, we do not have enough time to solicit and respond to comments.</P>
                <P>For the same reasons, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the FR.</P>
                <HD SOURCE="HD1">III. Discussion of the Rule</HD>
                <P>This rule establishes a safety zone from 9:00 a.m. on September 14, 2025, through 10:00 p.m. on October 3, 2025. The safety zone will cover all navigable waters within 500 yards of Port of Long Beach Berth G232 and all first-responder vessels involved in response operations. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or their designated representative.</P>
                <HD SOURCE="HD1">IV. Regulatory Analyses</HD>
                <P>We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.</P>
                <HD SOURCE="HD2">A. Impact on Small Entities</HD>
                <P>The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.</P>
                <P>
                    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section.
                </P>
                <P>Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.</P>
                <HD SOURCE="HD2">B. Collection of Information</HD>
                <P>
                    This rule will not call for a new collection of information under the 
                    <PRTPAGE P="44985"/>
                    Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
                </P>
                <HD SOURCE="HD2">C. Federalism and Indian Tribal Governments</HD>
                <P>We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.</P>
                <P>Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.</P>
                <HD SOURCE="HD2">D. Unfunded Mandates Reform Act</HD>
                <P>As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.</P>
                <HD SOURCE="HD2">E. Environment</HD>
                <P>We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.</P>
                <P>This rule is a safety zone. It is categorically excluded from further review under paragraph L60(d)—an emergency safety zone lasting more than one week involving shipping containers that have fallen into the water in the vicinity of Port of Long Beach Berth G232—of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD>
                    <P>Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.</P>
                </LSTSUB>
                <P>For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
                </PART>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>1. The authority citation for part 165 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>2. Add § 165.T11-213 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 165.T11-213 </SECTNO>
                        <SUBJECT>Safety Zones; San Pedro Bay, Long Beach, CA.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Location.</E>
                             The following areas are safety zones: All waters of San Pedro Bay, from surface to bottom, within a 500-yard radius of Port of Long Beach Berth G232, and within 500-yards of first-responder vessels involved in response operations. These coordinates are based on the World Geodetic System (WGS 84)/North American Datum 83 (NAD 83).
                        </P>
                        <P>
                            (b) 
                            <E T="03">Definitions.</E>
                             As used in this section, 
                            <E T="03">designated representative</E>
                             means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Los Angeles—Long Beach (COTP) in the enforcement of the safety zone.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Regulations.</E>
                             (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP's designated representative.
                        </P>
                        <P>(2) To seek permission to enter, contact the COTP or the COTP's representative on VHF-FM channel 16 or by telephone at (310) 521-3805. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.</P>
                        <P>
                            (d) 
                            <E T="03">Enforcement period.</E>
                             This section will be enforced from 9:00 a.m. on September 14, 2025, through 10:00 p.m. on October 3, 2025.
                        </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <P>Signed:</P>
                    <NAME>S.L. Crecy,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles—Long Beach.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18094 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R09-OAR-2025-0137; FRL-12752-02-R9]</DEPDOC>
                <SUBJECT>Air Plan Approval; Guam; Clean Data Determination for the Piti-Cabras Nonattainment Area for the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Environmental Protection Agency (EPA) is taking final action on a clean data determination (CDD) for the Piti-Cabras, Guam sulfur dioxide (SO
                        <E T="52">2</E>
                        ) nonattainment area (“Piti-Cabras area”) based on our determination that the area has attained the 2010 1-hour SO
                        <E T="52">2</E>
                         National Ambient Air Quality Standard (NAAQS, “standard,” or “2010 SO
                        <E T="52">2</E>
                         NAAQS”). In designated nonattainment areas where air quality data demonstrate that a NAAQS has been attained, the EPA interprets certain requirements of the Clean Air Act (CAA) as no longer applicable for so long as air quality continues to meet the standard. Under this Clean Data Policy, the EPA may issue a determination of attainment, known as a CDD, that a nonattainment area is attaining the relevant NAAQS. This CDD suspends the obligation to submit certain attainment planning requirements for the Piti-Cabras area for as long as the area continues to attain the 2010 SO
                        <E T="52">2</E>
                         NAAQS or until the area is formally redesignated. This CDD does not constitute redesignation of the area to attainment. This action is being taken under the CAA.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective October 20, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2025-0137. All documents in the docket are listed on the 
                        <E T="03">https://www.regulations.gov</E>
                         website. Although listed in the index, some information is not publicly available, 
                        <E T="03">e.g.,</E>
                         Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through 
                        <E T="03">https://www.regulations.gov,</E>
                         or please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section for additional availability information. If you need assistance in a language other 
                        <PRTPAGE P="44986"/>
                        than English or if you are a person with a disability who needs a reasonable accommodation at no cost to you, please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Khoi Nguyen, Geographic Strategies and Modeling Section, Planning &amp; Analysis Branch, Air &amp; Radiation Division, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105; telephone number: 415-947-4120; email address: 
                        <E T="03">nguyen.khoi@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Throughout this document, “we,” “us,” and “our” refer to the EPA.</P>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Proposed Action</FP>
                    <FP SOURCE="FP-2">II. Public Comments and EPA Responses</FP>
                    <FP SOURCE="FP-2">III. Final Action</FP>
                    <FP SOURCE="FP-2">IV. Statutory and Executive Order Reviews</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Proposed Action</HD>
                <P>
                    On June 20, 2025, the EPA proposed to determine that the Piti-Cabras area has attained the 2010 SO
                    <E T="52">2</E>
                     NAAQS.
                    <SU>1</SU>
                    <FTREF/>
                     This determination, also known as a CDD, would suspend certain planning requirements for the nonattainment area for as long as the area continues to attain the 2010 SO
                    <E T="52">2</E>
                     NAAQS.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         90 FR 26235 (June 20, 2025).
                    </P>
                </FTNT>
                <P>As described in the notice of proposed rulemaking, the EPA's Clean Data Policy allows for the suspension of CAA requirements that are specifically designed to help an area achieve attainment for as long as the nonattainment area continues to attain the NAAQS. A final CDD suspends the obligation to submit: an attainment demonstration, reasonably available control measures, including reasonably available control technology (RACM/RACT), a reasonable further progress (RFP) demonstration, emissions limitations and control measures as necessary to provide for attainment, and contingency measures. The remaining CAA 172(c) requirements, namely, the base year emissions inventory and nonattainment new source review (NNSR) requirements, are not suspended.</P>
                <P>
                    While issuance by the EPA of a final CDD suspends certain attainment planning requirements so long as the area continues to attain the 2010 SO
                    <E T="52">2</E>
                     NAAQS, a final CDD does not constitute a redesignation of an area to attainment of the 2010 SO
                    <E T="52">2</E>
                     NAAQS under section 107(d)(3) of the CAA. After issuance of a final CDD, the area remains designated nonattainment for the 2010 SO
                    <E T="52">2</E>
                     NAAQS until the state formally requests redesignation of the area to attainment, the EPA takes formal action to determine that the area meets CAA requirements for redesignation, and the EPA approves an accompanying state-submitted maintenance plan that ensures the area will continue to meet the NAAQS for the successive 10-year period.
                </P>
                <HD SOURCE="HD1">II. Public Comments and EPA Responses</HD>
                <P>The EPA's proposed action provided a 30-day public comment period. During this period, we received one comment unrelated to this action.</P>
                <HD SOURCE="HD1">III. Final Action</HD>
                <P>
                    No comments were submitted that change our assessment as described in our proposed action. Therefore, the EPA is finalizing the CDD for the Piti-Cabras area, the complete description of which can be found at 40 CFR 81.353.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The nonattainment area consists of “the portion of Guam within a 6.074-km radius centered on UTM Easting 249,601.60 m, and UTM Northing 1,489,602.00 m (UTM Zone 55N).”
                    </P>
                </FTNT>
                <P>
                    The EPA's final determination suspends the requirements for an attainment demonstration and certain other associated nonattainment planning requirements for the Piti-Cabras area so long as the area continues to attain the 2010 SO
                    <E T="52">2</E>
                     NAAQS. As indicated in the proposal on this action, a final CDD action suspends certain planning requirements for a CAA part D nonattainment area SIP, including: an attainment demonstration, RACM/RACT, emissions limitations and control measures as necessary to provide for attainment, an RFP plan, and contingency measures.
                </P>
                <P>
                    This final action also suspends the EPA's obligation to promulgate a FIP and the sanctions clocks associated with the finding of failure to submit issued on November 3, 2020,
                    <SU>3</SU>
                    <FTREF/>
                     with regard to the attainment demonstration, RACM/RACT, RFP, emissions limitations and control measures as necessary to provide for attainment, and contingency measures. Those elements of the EPA's obligation as to this nonattainment area under the consent decree in 
                    <E T="03">Center for Biological Diversity et al.</E>
                     v. 
                    <E T="03">Regan,</E>
                     No. 4:24-cv-01900 (N.D. Cal.), doc. 28, paragraphs 1.c-d, 2, are also satisfied by this action.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         85 FR 69504 (November 3, 2020).
                    </P>
                </FTNT>
                <P>
                    Following issuance of a CDD for the Piti-Cabras area, the State remains obligated to submit the nonattainment planning requirements, including a base year emissions inventory and a showing that the area is covered by an EPA-approved NNSR program. The EPA issued a direct final rule finding complete and approving the base year emissions inventory element of the attainment plan SIP revision for the Piti-Cabras area on July 16, 2025.
                    <SU>4</SU>
                    <FTREF/>
                     The EPA provided a 30-day public notice period and did not receive adverse comments. The EPA also found complete and proposed to approve Guam's NNSR program element on June 18, 2025.
                    <SU>5</SU>
                    <FTREF/>
                     We are finalizing approval of the Guam's NNSR program in an action that is located in the Final Rules section of this 
                    <E T="04">Federal Register</E>
                    . Accordingly, with this final CDD, the EPA has now satisfied all of our obligations under the consent decree in 
                    <E T="03">Center for Biological Diversity et al.</E>
                     v. 
                    <E T="03">Regan,</E>
                     No. 4:24-cv-01900 (N.D. Cal.), doc. 28, paragraphs 1.c-d, 2. Further, the FIP obligation and sanctions clocks triggered by the November 3, 2020 finding of failure to submit will remain suspended as long as the area continues to attain the 2010 SO
                    <E T="52">2</E>
                     NAAQS.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         90 FR 31877 (July 16, 2025).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         90 FR 25984 (June 18, 2025).
                    </P>
                </FTNT>
                <P>
                    This final action does not constitute a redesignation of the Piti-Cabras area to attainment of the 2010 SO
                    <E T="52">2</E>
                     NAAQS under section 107(d)(3) of the CAA. The area will remain designated nonattainment for the 2010 SO
                    <E T="52">2</E>
                     NAAQS until such time as the EPA determines that the area meets the CAA requirements for redesignation to attainment and takes further action to redesignate the area.
                </P>
                <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD>
                <P>
                    Additional information about these statutes and Executive orders can be found at 
                    <E T="03">https://www.epa.gov/laws-regulations/laws-and-executive-orders.</E>
                </P>
                <HD SOURCE="HD2">A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review</HD>
                <P>This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.</P>
                <HD SOURCE="HD2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</HD>
                <P>This action is not an Executive Order 14192 regulatory action because this action is not significant under Executive Order 12866.</P>
                <HD SOURCE="HD2">C. Paperwork Reduction Act (PRA)</HD>
                <P>This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by territorial law.</P>
                <HD SOURCE="HD2">D. Regulatory Flexibility Act (RFA)</HD>
                <P>
                    I certify that this action will not have a significant economic impact on a 
                    <PRTPAGE P="44987"/>
                    substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by territorial law. The CDD does not create any new requirements and does not directly regulate any entities.
                </P>
                <HD SOURCE="HD2">E. Unfunded Mandates Reform Act (UMRA)</HD>
                <P>This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by territorial law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action.</P>
                <HD SOURCE="HD2">F. Executive Order 13132: Federalism</HD>
                <P>This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.</P>
                <HD SOURCE="HD2">G. Executive Order 13175: Coordination With Indian Tribal Governments</HD>
                <P>This action does not have Tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction, and will not impose substantial direct costs on Tribal governments or preempt Tribal law. Thus, Executive Order 13175 does not apply to this action.</P>
                <HD SOURCE="HD2">H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks</HD>
                <P>The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. Therefore, this action is not subject to Executive Order 13045 because it merely finalizes a CDD. Furthermore, the EPA's Policy on Children's Health does not apply to this action.</P>
                <HD SOURCE="HD2">I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use</HD>
                <P>This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.</P>
                <HD SOURCE="HD2">J. National Technology Transfer and Advancement Act (NTTAA)</HD>
                <P>Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA.</P>
                <HD SOURCE="HD2">K. Congressional Review Act (CRA)</HD>
                <P>This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).</P>
                <HD SOURCE="HD2">L. Petitions for Judicial Review</HD>
                <P>Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 17, 2025. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
                    <P>Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Dated: September 11, 2025.</DATED>
                    <NAME>Michael Martucci,</NAME>
                    <TITLE>Acting Regional Administrator, Region IX.</TITLE>
                </SIG>
                <P>For the reasons stated in the preamble, the Environmental Protection Agency amends part 52, chapter I, title 40 of the Code of Federal Regulations as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS</HD>
                </PART>
                <REGTEXT TITLE="40" PART="52">
                    <AMDPAR>1. The authority citation for part 52 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                             42 U.S.C. 7401 
                            <E T="03">et seq</E>
                            .
                        </P>
                    </AUTH>
                </REGTEXT>
                <SUBPART>
                    <HD SOURCE="HED">Subpart AAA—Guam</HD>
                </SUBPART>
                <REGTEXT TITLE="40" PART="52">
                    <AMDPAR>2. Amend § 52.2679 by adding paragraph (c) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 52.2679 </SECTNO>
                        <SUBJECT>Control strategy and regulations: Sulfur dioxide.</SUBJECT>
                        <STARS/>
                        <P>(c) Effective October 20, 2025, the EPA has determined, that based on air dispersion modeling, the Piti-Cabras nonattainment area has attained the 2010 1-hour sulfur dioxide NAAQS. This clean data determination suspends the requirement for this area to submit an attainment demonstration, associated reasonably available control measures, including reasonably available control technology, a reasonable further progress plan, emissions limitations and control measures as necessary to provide for attainment, and contingency measures, for as long as this area continues to meet the 2010 1-hour sulfur dioxide NAAQS.</P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18067 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R09-OAR-2025-0216; FRL-12613-02-R9]</DEPDOC>
                <SUBJECT>Air Plan Approval; Guam; Guam Environmental Protection Agency; New Source Review</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Environmental Protection Agency (EPA) is finalizing an approval of a revision to the Guam state implementation plan (SIP). This revision governs the Guam Environmental Protection Agency's (GEPA) issuance of permits for stationary sources and focuses on the preconstruction review and permitting of major sources and major modifications under the Clean Air Act (CAA or “the Act”).</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective on October 20, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2025-0216 at 
                        <E T="03">https://www.regulations.gov</E>
                        . All documents in the docket are listed on the 
                        <E T="03">https://www.regulations.gov</E>
                         website. Although listed in the index, some information is not publicly 
                        <PRTPAGE P="44988"/>
                        available, 
                        <E T="03">e.g.,</E>
                         Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through 
                        <E T="03">https://www.regulations.gov,</E>
                         or please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Cecelia Working, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105; telephone number: (213) 244-1911; email address: 
                        <E T="03">working.cece@epa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Throughout this document, “we,” “us,” and “our” refer to the EPA.</P>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Proposed Action</FP>
                    <FP SOURCE="FP-2">II. Public Comments and EPA Action</FP>
                    <FP SOURCE="FP-2">III. Incorporation by Reference</FP>
                    <FP SOURCE="FP-2">IV. Statutory and Executive Order Reviews</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Proposed Action</HD>
                <P>
                    On June 18, 2025 (90 FR 25984), the EPA proposed to approve the rule listed in table 1. The GEPA is the air pollution control agency for Guam and the designated state 
                    <SU>1</SU>
                    <FTREF/>
                     lead agency for submitting revisions of the Guam SIP to the EPA. The rule that is the subject of the EPA's current action was adopted into the Guam Administrative Rules and Regulations (GAR) on December 28, 2022, and became effective on December 29, 2022.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         CAA section 302(d) defines the term “State” to include Guam.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The Guam Governor signed the law completing the multi-step process for adopting Article 8 into the GAR on December 28, 2022, following an earlier rulemaking process by the GEPA that concluded on October 17, 2022, and a subsequent legislative approval process that concluded on December 16, 2022.
                    </P>
                </FTNT>
                <GPOTABLE COLS="6" OPTS="L2,nj,i1" CDEF="xs54,r50,r100,10,10,10">
                    <TTITLE>Table 1—Submitted Rule</TTITLE>
                    <BOXHD>
                        <CHED H="1">Air agency</CHED>
                        <CHED H="1">Rule or regulation No.</CHED>
                        <CHED H="1">Rule title</CHED>
                        <CHED H="1">
                            State
                            <LI>adoption</LI>
                            <LI>date</LI>
                        </CHED>
                        <CHED H="1">
                            State
                            <LI>effective</LI>
                            <LI>date</LI>
                        </CHED>
                        <CHED H="1">
                            State
                            <LI>submittal</LI>
                            <LI>date</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">GEPA</ENT>
                        <ENT>Title 22, Division 1, Chapter 1, Article 8</ENT>
                        <ENT>
                            Guam Air Pollution Standards and Regulations New Source Review Requirements for New and Modified Major Sources in SO
                            <E T="0732">2</E>
                             Nonattainment Areas Adopted on October 17, 2022
                        </ENT>
                        <ENT>12/28/2022</ENT>
                        <ENT>12/29/2022</ENT>
                        <ENT>03/13/2025</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    In our proposed action, we proposed approval of the GEPA's submitted nonattainment new source review (NNSR) rule because the rule satisfies the applicable NNSR requirements associated with the designation of the Piti-Cabras area as nonattainment for the 2010 1-hour sulfur dioxide (SO
                    <E T="52">2</E>
                    ) standard. Our proposed action contains more information on the rule and our evaluation.
                </P>
                <HD SOURCE="HD1">II. Public Comments and EPA Action</HD>
                <P>
                    The EPA's proposed action provided a 30-day public comment period. During this period, no comments were submitted on our proposal. Therefore, the EPA continues to find that the submitted rule should be approved into the Guam SIP because it fulfills all relevant CAA requirements. As authorized in section 110(k)(3) of the Act, the EPA is approving the submitted rule because it fulfills all relevant requirements. Our action will be codified through revisions to 40 CFR 52.2670 (Identification of plan). With this final action, the NNSR element of the EPA's obligation as to this nonattainment area under the consent decree in 
                    <E T="03">Center for Biological Diversity et al.</E>
                     v. 
                    <E T="03">Regan,</E>
                     No. 4:24-cv-01900-HSG (N.D. Cal.), doc. 28, paragraph 1.c-d will also be met.
                </P>
                <HD SOURCE="HD1">III. Incorporation by Reference</HD>
                <P>
                    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is incorporating by reference Guam Administrative Rules and Regulations Title 22, Division 1, Chapter 1, Article 8, “Guam Air Pollution Standards and Regulations New Source Review Requirements for New and Modified Major Sources in SO
                    <E T="52">2</E>
                     Nonattainment Areas Adopted on October 17, 2022,” which was adopted by Guam on December 28, 2022, and effective December 29, 2022. Article 8 is intended to address the CAA's statutory and regulatory requirements for NNSR permit programs for major sources emitting nonattainment air pollutants under part D of title I of the CAA. The EPA has made, and will continue to make, these materials available through 
                    <E T="03">https://www.regulations.gov</E>
                     and at the EPA Region IX Office (please contact the person identified in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this preamble for more information).
                </P>
                <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD>
                <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:</P>
                <P>• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>
                <P>• Is not subject to Executive Order 14192 (90 FR 9065, February 6, 2025) because SIP actions are exempt from review under Executive Order 12866;</P>
                <P>
                    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>
                    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
                <P>
                    • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
                    <PRTPAGE P="44989"/>
                </P>
                <P>• Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program;</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and</P>
                <P>• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA.</P>
                <P>In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).</P>
                <P>This action is subject to the Congressional Review Act (CRA), and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).</P>
                <P>Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 17, 2025. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
                    <P>Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, and Sulfur dioxide.</P>
                </LSTSUB>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>
                        42 U.S.C. 7401 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: September 10, 2025.</DATED>
                    <NAME>Michael Martucci,</NAME>
                    <TITLE>Acting Regional Administrator, Region IX.</TITLE>
                </SIG>
                <P>For reasons stated in the preamble, the Environmental Protection Agency amends part 52, chapter I, title 40 of the Code of Federal Regulations as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS</HD>
                </PART>
                <REGTEXT TITLE="40" PART="52">
                    <AMDPAR>1. The authority citation for part 52 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                            42 U.S.C. 7401 
                            <E T="03">et seq.</E>
                        </P>
                    </AUTH>
                </REGTEXT>
                <SUBPART>
                    <HD SOURCE="HED">Subpart AAA—Guam</HD>
                </SUBPART>
                <REGTEXT TITLE="40" PART="52">
                    <AMDPAR>2. In § 52.2670, the table in paragraph (c) is amended by adding the center heading “Post-2011 Compilation of Rules and Regulations”, “Title 22, Division 1, Chapter 1”, “Article 8” and the entries “Section 1801”, “Section 1801.1”, “Section 1801.2”, “Section 1801.3”, “Section 1801.4”, “Section 1801.5”, “Section 1801.6”, “Section 1801.7”, “Section 1801.8”, “Section 1802”, “Section 1803”, “Section 1803.1”, “Section 1803.2”, “Section 1803.3”, “Section 1803.4”, “Section 1803.5”, “Section 1803.6”, “Section 1804”, “Section 1804.1”, “Section 1804.2”, “Section 1804.3”, “Section 1804.4” “Section 1804.5”, “Section 1805”, “Section 1805.1”, “Section 1805.2”, “Section 1805.3”, “Section 1806”, “Section 1806.1”, “Section 1806.2”, “Section 1806.3”, “Section 1806.4”, “Section 1806.5”, “Section 1806.6”, “Section 1807”, “Section 1807.1”, “Section 1807.2”, “Section 1807.3”, “Section 1807.4”, “Section 1808”, “Section 1809”, “Section 1810”, and “Section 1811” after the entry “Chapter 17.1-17.4” to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 52.2670 </SECTNO>
                        <SUBJECT>Identification of plan.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <GPOTABLE COLS="5" OPTS="L1,nj,i1" CDEF="xs66,r50,10,r60,r50">
                            <TTITLE>Table 52.2670—EPA Approved Territory of Guam Regulations</TTITLE>
                            <BOXHD>
                                <CHED H="1">State citation</CHED>
                                <CHED H="1">Title/subject</CHED>
                                <CHED H="1">
                                    Effective
                                    <LI>date</LI>
                                </CHED>
                                <CHED H="1">EPA approval date</CHED>
                                <CHED H="1">Explanation</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW EXPSTB="04" RUL="s">
                                <ENT I="21">
                                    <E T="02">Post-2011 Compilation of Rules and Regulations</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="04" RUL="s">
                                <ENT I="21">
                                    <E T="02">Title 22, Division 1, Chapter 1</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="04" RUL="s">
                                <ENT I="21">
                                    <E T="02">Article 8</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">Section 1801</ENT>
                                <ENT>Applicability Procedures</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1801.1</ENT>
                                <ENT>Preconstruction Review Requirements</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1801.2</ENT>
                                <ENT>Nonattainment Major New Source Review (NSR) Permit Requirement</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1801.3</ENT>
                                <ENT>Emission Calculation Requirements to Determine New Source Review (NSR) Applicability</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1801.4</ENT>
                                <ENT>Major Sources with Plant-Wide Applicability Limitations</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1801.5</ENT>
                                <ENT>Projects That Rely on a Projected Actual Emissions Test</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1801.6</ENT>
                                <ENT>Secondary Emissions</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="44990"/>
                                <ENT I="01">Section 1801.7</ENT>
                                <ENT>Stationary Sources</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1801.8</ENT>
                                <ENT>Environmental Protection Agency Determination</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1802</ENT>
                                <ENT>Definitions</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1803</ENT>
                                <ENT>Application Requirements</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1803.1</ENT>
                                <ENT>Application Submittal</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1803.2</ENT>
                                <ENT>Application Content</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1803.3</ENT>
                                <ENT>Lowest Achievable Emission Rate (LAER)</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1803.4</ENT>
                                <ENT>Certification of Compliance</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1803.5</ENT>
                                <ENT>Analysis of Alternatives</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1803.6</ENT>
                                <ENT>Application Fees</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1804</ENT>
                                <ENT>Emissions Offsets</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1804.1</ENT>
                                <ENT>Offset Requirements</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1804.2</ENT>
                                <ENT>Timing</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1804.3</ENT>
                                <ENT>Quantity</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1804.4</ENT>
                                <ENT>Emission Reduction Requirements</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1804.5</ENT>
                                <ENT>Restrictions on Trading Pollutants</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1805</ENT>
                                <ENT>Administrative Requirements</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1805.1</ENT>
                                <ENT>Ambient Air Quality Standards</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1805.2</ENT>
                                <ENT>Air Quality Models</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1805.3</ENT>
                                <ENT>Stack Height Procedures</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1806</ENT>
                                <ENT>Nonattainment Major New Source Review (NSR) Permit—Decision</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1806.1</ENT>
                                <ENT>Preliminary Decision</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1806.2</ENT>
                                <ENT>Nonattainment Major New Source Review (NSR) Permit—Preliminary Decision Requirements</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="44991"/>
                                <ENT I="01">Section 1806.3</ENT>
                                <ENT>Nonattainment Major New Source Review (NSR) Permit Contents</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1806.4</ENT>
                                <ENT>Nonattainment Major New Source Review (NSR) Permit—Final Decision</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1806.5</ENT>
                                <ENT>Ongoing Permit Requirements</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1806.6</ENT>
                                <ENT>Technology Clearinghouse</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1807</ENT>
                                <ENT>Source Obligations</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1807.1</ENT>
                                <ENT>Enforcement</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1807.2</ENT>
                                <ENT>Termination</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1807.3</ENT>
                                <ENT>Compliance</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1807.4</ENT>
                                <ENT>Relaxation in Enforceable Limitations</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1808</ENT>
                                <ENT>Public Participation</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1809</ENT>
                                <ENT>Plant-Wide Applicability Limits (PAL)</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1810</ENT>
                                <ENT>Invalidation</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Section 1811</ENT>
                                <ENT>Effective Date for Referenced Federal Regulations</ENT>
                                <ENT>12/29/2022</ENT>
                                <ENT>
                                    9/18/2025, 90 FR [INSERT 
                                    <E T="02">FEDERAL REGISTER</E>
                                     PAGE WHERE THE DOCUMENT BEGINS]
                                </ENT>
                                <ENT>Submitted on March 13, 2025, as an attachment to a letter of the same date.</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18062 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 282</CFR>
                <DEPDOC>[EPA-R09-UST-2025-0035; FRL-12586-02-R9]</DEPDOC>
                <SUBJECT>Hawaii: Amendment to Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Direct final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On March 7, 2022, the State of Hawaii (Hawaii or State) received final approval, from the Environmental Protection Agency (EPA), of revisions to its Underground Storage Tank Program (UST Program) under subtitle I of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA, the EPA is taking direct final action, subject to public comment, to amend its final approval of the UST Program. The amendment clarifies the statutory provisions that are part of the approved UST Program and identifies some additional statutory provisions that are broader in scope and not part of the approved UST Program. This action also codifies the EPA's approval of Hawaii's revised UST Program and incorporates by reference those provisions of the State statutes and regulations that the EPA has determined meet the requirements for approval.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This rule is effective November 17, 2025, unless the EPA receives adverse comment by October 20, 2025. If the EPA receives adverse comment, it will publish a timely withdrawal in the 
                        <E T="04">Federal Register</E>
                         informing the public that the rule will not take effect. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 17, 2025.
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Submit your comments by one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: https://www.regulations.gov</E>
                         (our preferred method). Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Email: cosson.michael@epa.gov.</E>
                         Include the Docket ID No. [EPA-R09-UST-2025-0035] in the subject line of the message.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         The EPA's policy is that all comments received through email will be included in the public docket without change and may be available online at 
                        <E T="03">https://www.regulations.gov,</E>
                         including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information for which disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through 
                        <E T="03">https://www.regulations.gov,</E>
                         or email. The 
                        <PRTPAGE P="44992"/>
                        Federal 
                        <E T="03">https://www.regulations.gov</E>
                         website is an “anonymous access” system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through 
                        <E T="03">https://www.regulations.gov,</E>
                         your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment. If the EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
                    </P>
                    <P>
                        The EPA encourages electronic comment submittals, but if you are unable to submit electronically or need other assistance, please contact Michael Cosson, the contact listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         provision below. The index to the docket for this action and all documents that form the basis of this action and associated publicly available docket materials are available electronically at 
                        <E T="03">https://www.regulations.gov.</E>
                         For the documents that the EPA is incorporating by reference, use the search function to perform a search on the Docket ID number, EPA-R09-UST-2025-0035. For additional materials related to Hawaii's UST Program revisions, search on EPA-R09-UST-2020-0258, a related Docket ID number.
                    </P>
                    <P>The EPA encourages electronic reviewing of these documents, but if you are unable to review these documents electronically, please contact Michael Cosson for alternative access to docket materials.</P>
                    <P>
                        Please also contact Michael Cosson if you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you. For further information on EPA Docket Center services, please visit us online at 
                        <E T="03">https://www.epa.gov/dockets.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Michael Cosson, RCRA Programs and Cleanup Branch, Land, Chemicals, and Redevelopment Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105; Phone number: (415) 972-3652; email address: 
                        <E T="03">cosson.michael@epa.gov.</E>
                         Please contact Michael Cosson by phone or email for further information.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Amended Approval of Revisions to Hawaii's Underground Storage Tank Program</HD>
                <HD SOURCE="HD2">A. Why are revisions to state UST programs necessary?</HD>
                <P>States that have received final approval from the EPA under section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain a UST program that is no less stringent than the Federal program. When the EPA revises the regulations that govern the UST program, states must revise their programs to comply with the updated regulations and submit these revisions to the EPA for approval. Most commonly, states must change their programs because of changes to the EPA's regulations in title 40 of the Code of Federal Regulations (CFR) part 280. States can also initiate changes on their own to their UST programs. To become federally enforceable, the EPA must then approve the changes.</P>
                <HD SOURCE="HD2">B. What is the history of the EPA's approval of Hawaii's UST Program?</HD>
                <P>The EPA first granted Hawaii final authorization to implement a UST program on September 25, 2002, effective September 30, 2002 (67 FR 60161). The EPA incorporated by reference and codified the approved Hawaii program on September 17, 2008 (73 FR 53742). As a result of the EPA's approval, these provisions became subject to the EPA's corrective action, inspection, and enforcement authorities under RCRA sections 9003(h), 9005, and 9006, 42 U.S.C. 6991b(h), 6991d, and 6991e, and other applicable statutory and regulatory provisions.</P>
                <P>On July 15, 2015 (80 FR 41566), the EPA published a final rule which finalized revisions to the 1988 UST regulations and to the 1988 state program approval regulations (2015 Federal Revisions). On October 8, 2018, in accordance with 40 CFR 281.51(a), Hawaii submitted a complete program revision application (State Application) seeking approval for its UST Program revisions corresponding to the 2015 Federal Revisions.</P>
                <P>On August 14, 2020 (85 FR 49611), the EPA issued a tentative determination that the revisions to Hawaii's UST Program are equivalent to, consistent with, and no less stringent than the corresponding Federal requirements in subpart C of 40 CFR part 281, and that the Hawaii program continues to provide for adequate enforcement of compliance (40 CFR 281.11(b)). On March 7, 2022 (87 FR 12593), the EPA granted Hawaii final approval to operate its updated UST Program.</P>
                <HD SOURCE="HD2">C. What decision has the EPA made in this rule?</HD>
                <P>As stated, the EPA tentatively approved Hawaii's revised UST Program on August 14, 2020 (85 FR 49611) and granted final approval on March 7, 2022 (87 FR 12593). The EPA is not revising its determination to approve Hawaii's revised UST Program. Rather, the EPA is amending aspects of its final approval to clarify the Hawaii statutes that are part of the approved program and those that are broader in scope and not part of the approved program.</P>
                <HD SOURCE="HD2">D. What is the effect of this amended approval on the regulated community?</HD>
                <P>Section 9004 of RCRA, 42 U.S.C. 6991c, as amended, allows the EPA to approve state UST programs to operate in lieu of the Federal program. The EPA's approval of Hawaii's revised UST Program on March 7, 2022 (87 FR 12593), did not impose additional requirements on the regulated community because the requirements were already in effect in Hawaii. The action approved existing state requirements as meeting Federal requirements and rendered them federally enforceable. With this amended final approval, the EPA clarifies the Hawaii statutes that are part of the approved program and that are federally enforceable and identifies some additional statutory provisions that are broader in scope and not part of the approved UST Program. This minor revision to the scope of its approval, like the EPA's final approval on March 7, 2022, does not impose additional requirements on the regulated community.</P>
                <HD SOURCE="HD2">E. Why is the EPA using a direct final rule?</HD>
                <P>
                    The EPA is publishing this direct final rule without a prior proposed rulemaking because we view this as a noncontroversial action and anticipate no adverse comment. The EPA already accepted public comment on its approval of Hawaii's revised UST Program. During the public comment period, the EPA did not receive any adverse comment on its approval decision and received only one comment pertaining to an incorrectly cited regulation (87 FR 12593, March 7, 2022). Because the EPA has already approved the revised UST Program, the EPA does not expect to receive adverse public comment on this minor revision to the scope of its approval.
                    <PRTPAGE P="44993"/>
                </P>
                <HD SOURCE="HD2">F. What happens if the EPA receives comments that oppose this action?</HD>
                <P>
                    Along with this direct final rule, the EPA is simultaneously publishing a separate document in the “Proposed Rules” section of this issue of the 
                    <E T="04">Federal Register</E>
                     that serves as the proposal to amend its approval of the State's UST Program revisions and provides an opportunity for public comment. The EPA is not requesting public comment on its approval decision, which is already final, but on clarifications to the scope of its approval. If the EPA receives comments that oppose the amendments to its prior approval, the EPA will withdraw this direct final rule by publishing a document in the 
                    <E T="04">Federal Register</E>
                     before it becomes effective. The EPA will then address all public comments in a later final rule. You may not have another opportunity to comment. If you want to comment on the amendments to the EPA's approval, you must do so at this time.
                </P>
                <HD SOURCE="HD2">G. What changes is the EPA approving with this action?</HD>
                <P>In the EPA's proposed approval document on August 14, 2020 (85 FR 49611), the EPA stated that Hawaii had the authority to govern the regulation, operation, maintenance, and closure of USTs under Hawaii Revised Statutes (HRS) sections 342L-1 through 342L-53. This proposed approval should have reflected amendments to the UST Program statutes and stated that Hawaii has statutory authority for the UST Program under HRS sections 342L-1 through 342L-62.</P>
                <P>The EPA's approval also identified provisions in Hawaii's Administrative Rules that are broader in scope and not part of the federally approved program or federally enforceable. The EPA's approval, however, identified only some of the UST-related provisions in Hawaii's statutes that are broader in scope and not federally enforceable. Therefore, this decision amends the EPA's prior approval to identify additional statutory provisions in HRS sections 342L-1 through 342L-62 that are broader in scope and not federally enforceable. Hawaii statutes that are broader in scope than the Federal UST rules are discussed in section I.I. of this preamble.</P>
                <HD SOURCE="HD2">H. What is a “broader in scope” provision?</HD>
                <P>
                    States may enact laws that are more stringent than their Federal counterparts. 
                    <E T="03">See</E>
                     RCRA section 9008, 42 U.S.C. 6991g. When an approved state program includes requirements that are considered more stringent than those required by Federal law, the more stringent requirements become part of the federally approved program in accordance with 40 CFR 281.12(a)(3)(i).
                </P>
                <P>In addition, states may enact laws which are broader in scope than their Federal counterparts in accordance with 40 CFR 281.12(a)(3)(ii). State requirements that go beyond the scope of the Federal program are broader in scope. These requirements are not part of the federally approved program, and the EPA cannot enforce them. Although broader in scope requirements in Hawaii's UST Program are enforceable by the State in accordance with Hawaii law, they are not Federal RCRA requirements.</P>
                <HD SOURCE="HD2">I. What statutes in Hawaii's UST Program are broader in scope?</HD>
                <P>In the EPA's proposed approval document on August 14, 2020 (85 FR 49611), the EPA identified several statutory provisions as broader in scope and not part of the federally approved program. The EPA found that the definition of “regulated substance” in HRS section 342L-1 is broader in scope than the requirements in the Federal program to the extent that this provision allows the Hawaii UST Program to regulate substances that are not regulated under the Federal program. The EPA also identified HRS section 342L-14, which allows the Director of the Hawaii Department of Health (HDOH) to assess fees for HDOH services, as broader in scope because there are no Federal requirements addressing the establishment of fees for services.</P>
                <P>Further, the EPA identified HRS sections 342L-1 (definition of “variance”), 342L-5 (variance allowed) and 342L-6 (procedures for variances) as establishing requirements that are broader in scope, to the extent that variances under these provisions result in the imposition of requirements that are broader in scope than the Federal requirements. However, the EPA also stated that, to the extent that variances granted under these provisions result in the imposition of requirements that are more stringent than the Federal UST requirements, those requirements will be federally enforceable as part of the authorized State program.</P>
                <P>The EPA is now identifying additional statutory provisions in Hawaii's UST Program that are broader in scope. Several of these provisions relate to permitting. In the EPA's proposed rulemaking, the EPA identified the UST permitting regulations in Hawaii Administrative Rules (HAR) sections 11-280.1-300 through 11-280.1-335 as broader in scope because the Federal program does not contain permitting requirements. For the same reason, the EPA is now identifying HRS section 342L-4, allowing the HDOH to establish procedures for granting permits, as broader in scope. HRS section 342L-31, which establishes a permitting requirement and rules for permit transfers, is broader in scope for the same reason. Finally, under HRS section 342L-4.5, the HDOH is prohibited from issuing permits for new underground storage tanks within 100 yards of the shoreline, as “shoreline” is defined in HRS section 342L-1. HRS section 342 L-4.5 and the definition of “shoreline” in HRS section 342L-1 are broader in scope because, as noted, the Federal program does not contain analogous permitting requirements.</P>
                <P>In addition to the above statutes related to permitting, the EPA is identifying other provisions in the statutes governing Hawaii's UST Program as broader in scope. First, HRS section 342L-16 provides HDOH personnel with liability protection for actions performed as part of their duties. This provision is broader in scope because there is no Federal requirement regarding liability protections for state UST program personnel. Second, the EPA is identifying HRS section 342L-23, which requires the Director of the HDOH to establish and maintain a directory of UST service providers, as broader in scope because there is no analogous provision in the Federal program. Third, the EPA is identifying HRS section 342L-30(g), which establishes notification requirements on any person selling a UST or UST system, and HRS section 342L-30(h), which establishes notification requirements for any person who deposits regulated substances into a UST or UST system, as broader in scope because there are no analogous Federal notification requirements. Fourth, HRS sections 342L-61 and 342L-62 establish and define the duties of an advisory committee on leaks from certain UST facilities. These provisions are broader in scope because there is no analogous Federal requirement for such a committee.</P>
                <P>
                    In summary, in the EPA's proposed rulemaking and in this action, the EPA has identified the following HRS sections as broader in scope: 342L-1 (definitions of “regulated substance” and “shoreline”), 342L-4 (establishing procedures for granting permits), 342L-4.5 (restricting permitting for USTs near the shoreline), 342L-14 (allowing assessment of fees), 342L-16 (protecting personnel from liability), 342L-23 
                    <PRTPAGE P="44994"/>
                    (creating directory of UST service providers), 342L-30(g) and (h) (notification requirements), 342L-31 (requiring a permit), 342L-61 (establishing a fuel tank advisory committee), and 342L-62 (defining committee duties). The EPA also stated that HRS 342L-1 (definition of “variance”), 342L-5 (variances allowed), and 342L-6 (procedures for variances) may in some instances create requirements that are broader in scope than the Federal requirements.
                </P>
                <P>For a summary of the Hawaii regulations that the EPA has identified as broader in scope, see the EPA's proposed rulemaking (85 FR 49611, August 14, 2020) or section II of this preamble.</P>
                <HD SOURCE="HD2">J. Hawaii submitted its program revision application on October 8, 2018. To what extent is the EPA approving amendments to Hawaii's UST Program made by Hawaii after that date?</HD>
                <P>On October 8, 2018, Hawaii submitted a program revision application. After submitting its application, Hawaii provided the EPA a document, dated February 18, 2020, containing the text of its regulations related to its UST Program. The EPA used this document as the basis for its tentative determination, on August 14, 2020, to grant approval to Hawaii's revised UST Program. This document, dated February 18, 2020, is the most current regulatory text received from Hawaii by the EPA. Hawaii has not sought approval for any amendments to Hawaii's statutes or regulations related to USTs that came into effect after February 18, 2020.</P>
                <P>Accordingly, the EPA has identified February 18, 2020, as the cutoff date for its approval of revisions to Hawaii's UST Program. Any amendments to Hawaii's UST-related statutes or regulations made by Hawaii after that date are not part of the approved UST Program. For this reason, the EPA's analysis of the statutes and regulations in Hawaii's UST Program that are broader in scope covers only those statutes and regulations in effect as of February 18, 2020.</P>
                <HD SOURCE="HD1">II. Codification</HD>
                <HD SOURCE="HD2">A. What is codification?</HD>
                <P>Codification is the process of placing citations and references to a state's statutes and regulations that comprise a state's approved UST program into the CFR. The EPA codifies its approval of state programs in 40 CFR part 282 and incorporates by reference state statutes and regulations that the EPA can enforce, after the approval is final, under sections 9005 and 9006 of RCRA, and any other applicable statutory provisions. The incorporation by reference of EPA-approved state programs in the CFR should substantially enhance the public's ability to discern the status of the approved state UST programs and state requirements that can be federally enforced. This effort provides clear notice to the public of the scope of the approved program in each state.</P>
                <HD SOURCE="HD2">B. What is the history of codification of Hawaii's UST Program?</HD>
                <P>The EPA incorporated by reference and codified the approved Hawaii program on September 17, 2008 (73 FR 53742). On March 7, 2022, the EPA granted Hawaii final approval to operate its revised UST Program (87 FR 12593). When approving the UST Program, the EPA stated that it intended, at a subsequent date, to amend 40 CFR part 282, subpart B to reflect the EPA's approval of Hawaii's program changes. Through this action, the EPA is amending 40 CFR 282.61 to incorporate by reference and codify Hawaii's revised UST Program.</P>
                <HD SOURCE="HD2">C. What codification decisions is the EPA making in this rule?</HD>
                <P>
                    In this rule, the EPA is finalizing regulatory text that incorporates by reference the federally approved Hawaii UST Program, including the revisions made to the UST Program based on the 2015 Federal Revisions. In accordance with the requirements of 1 CFR 51.5, the EPA is incorporating by reference Hawaii's statutes and regulations as described in the amendments to 40 CFR part 282 set forth below. These documents are available through 
                    <E T="03">https://www.regulations.gov</E>
                     by searching on EPA-R09-UST-2025-0035.
                </P>
                <P>
                    Specifically, in 40 CFR 282.61(d)(1)(i), the EPA is incorporating by reference the EPA-approved Hawaii UST Program. Section 282.61(d)(1)(ii) identifies the State's statutes and regulations that are part of the approved UST Program, although not incorporated by reference for enforcement purposes. Section 282.61(d)(1)(iii) identifies the State's statutory and regulatory provisions that are broader in scope and therefore not incorporated by reference. Sections 282.61(d)(2) through (5) reference the Attorney General's Statement, Demonstration of Adequate Enforcement Procedures, Program Description, and Memorandum of Agreement, which are part of the State Application and part of the Hawaii UST Program under subtitle I of RCRA. These materials are available through 
                    <E T="03">https://www.regulations.gov</E>
                     by searching on EPA-R09-UST-2020-0258.
                </P>
                <P>With respect to State statutes and regulations relating to variances, the EPA's approach merits further description. The EPA has previously stated that the variance provisions in Hawaii's UST Program may be used by the State to establish requirements that are broader in scope, but that the variance provisions may also be used by the State to establish requirements that are more stringent and federally enforceable. Because some requirements established through variances are expected to be federally enforceable, the EPA is not listing any variance provisions in 40 CFR 282.61(d)(1)(iii), the section consisting of broader in scope provisions that are not part of the approved UST Program. Instead, the EPA is listing these variance provisions in 40 CFR 282.61(d)(1)(ii), the section consisting of provisions that are part of the approved UST Program but not incorporated by reference. The EPA finds it appropriate to place the variance provisions here because the EPA prefers to include these variance provisions in the approved UST Program and because the EPA will not itself be using these provisions to grant variances, making it unnecessary to incorporate these provisions by reference. The EPA emphasizes that, although these variance provisions are not being incorporated by reference for EPA enforcement purposes, State requirements imposed through variances will be federally enforceable when such requirements are more stringent than the Federal requirements.</P>
                <HD SOURCE="HD2">D. What is the effect of the EPA's codification of the federally approved Hawaii UST Program on enforcement?</HD>
                <P>The EPA retains the authority under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and other applicable statutory and regulatory provisions, to undertake corrective action, inspections, and enforcement actions, and to issue orders in approved states. If the EPA determines it will take such actions in Hawaii, the EPA will rely on Federal sanctions, Federal inspection authorities, and other Federal procedures rather than the State analogs. Therefore, the EPA is not incorporating by reference Hawaii's procedural and enforcement authorities, although they are listed in 40 CFR 282.61(d)(1)(ii).</P>
                <HD SOURCE="HD2">E. What State provisions are not part of the codification?</HD>
                <P>
                    As discussed above in section I.H. of this preamble, some provisions of 
                    <PRTPAGE P="44995"/>
                    Hawaii's UST Program are not part of the federally approved UST Program because they are broader in scope than the Federal UST Program. Where an approved state program has provisions that are broader in scope than the Federal program, those provisions are not a part of the federally approved program. As a result, State provisions which are broader in scope than the Federal program are not incorporated by reference in 40 CFR part 282 for purposes of enforcement. 
                    <E T="03">See</E>
                     40 CFR 281.12(a)(3)(ii). For reference and clarity, 40 CFR 282.61(d)(1)(iii) lists the Hawaii statutory and regulatory provisions which are broader in scope than the Federal program. These provisions are, therefore, not part of the approved UST Program that the EPA is codifying. Although these provisions cannot be enforced by the EPA, the State will continue to implement and enforce such provisions under State law.
                </P>
                <HD SOURCE="HD1">III. Statutory and Executive Order (E.O.) Reviews</HD>
                <P>The EPA's action merely approves and codifies Hawaii's revised UST Program requirements pursuant to RCRA section 9004 and does not impose additional requirements other than those imposed by State law. For that reason, this action:</P>
                <P>• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>
                <P>• Is not an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because it is not significant under Executive Order 12866;</P>
                <P>
                    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>
                    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
                <P>• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
                <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
                <P>• Is not subject to the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with RCRA; and</P>
                <P>• Does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. The rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.</P>
                <P>
                    The Congressional Review Act, 5 U.S.C. 801 
                    <E T="03">et seq.,</E>
                     as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the 
                    <E T="04">Federal Register</E>
                    . A major rule cannot take effect until 60 days after it is published in the 
                    <E T="04">Federal Register</E>
                    . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This final action will be effective November 17, 2025.
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority: </HD>
                    <P>This action is issued under the authority of sections 2002(a), 7004(b), 9004, 9005, and 9006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and 6991e.</P>
                </AUTH>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 282</HD>
                    <P>Environmental protection, Administrative practice and procedure, Hazardous substances, Incorporation by reference, Petroleum, Reporting and recordkeeping requirements, State program approval, Underground storage tanks.</P>
                </LSTSUB>
                <SIG>
                    <NAME>Michael Martucci,</NAME>
                    <TITLE>Acting Regional Administrator, Region 9.</TITLE>
                </SIG>
                <P>For the reasons set forth in the preamble, the EPA is amending 40 CFR part 282 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 282—APPROVED UNDERGROUND STORAGE TANK PROGRAMS</HD>
                </PART>
                <REGTEXT TITLE="40" PART="282">
                    <AMDPAR>1. The authority citation for part 282 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 42 U.S.C. 6912, 6991c, 6991d, and 6991e.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="282">
                    <AMDPAR>2. Amend § 282.2 by revising paragraph (b)(9) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 282.2</SECTNO>
                        <SUBJECT> Incorporation by reference.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(9) Region 9 (Arizona, California, Hawaii, Nevada, Guam, American Samoa, Commonwealth of the Northern Mariana Islands): 75 Hawthorne Street, San Francisco, CA 94105; Phone Number: (415) 947-8000.</P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="282">
                    <AMDPAR>3. Revise and republish § 282.61 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 282.61</SECTNO>
                        <SUBJECT> Hawaii State-Administered Program.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">History of the approval of Hawaii's program.</E>
                             The State of Hawaii (Hawaii or State) is approved to administer and enforce an underground storage tank (UST) program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 
                            <E T="03">et seq.</E>
                             The State's Underground Storage Tank Program (UST Program), as administered by the Hawaii Department of Health (HDOH), was approved by the EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Hawaii UST Program on September 25, 2002, and it was effective on September 30, 2002. A subsequent program revision received final approval from the EPA on March 7, 2022, and became effective on the same date. An amendment to that approval became effective on November 17, 2025.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Enforcement authority.</E>
                             Hawaii has primary responsibility for administering and enforcing its federally approved UST Program. However, the EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, as well as under any other applicable statutory and regulatory provisions.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Retention of program approval.</E>
                             To retain program approval, Hawaii must revise its approved UST Program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Hawaii obtains approval for revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the 
                            <E T="04">Federal Register</E>
                            .
                        </P>
                        <P>
                            (d) 
                            <E T="03">Final approval.</E>
                             Hawaii has final approval for the following elements of its UST Program, originally submitted to the EPA on September 25, 2002, and approved effective September 30, 2002, 
                            <PRTPAGE P="44996"/>
                            and the program revisions approved by the EPA effective on March 7, 2022, and on November 17, 2025:
                        </P>
                        <P>
                            (1) 
                            <E T="03">State statutes and regulations</E>
                            —(i) 
                            <E T="03">Incorporation by reference.</E>
                             The Hawaii materials cited in this paragraph (d)(1)(i), and listed in appendix A to this part, are incorporated by reference as part of the UST Program under subtitle I of RCRA, 42 U.S.C. 6991 
                            <E T="03">et seq.</E>
                             (See § 282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the Hawaii statutes and regulations that are incorporated by reference in this paragraph (d)(1)(i) from the Hawaii Department of Health, Kinau Hale, 1250 Punchbowl Street, Honolulu, HI 96813; Phone number: (808) 586-4400; website: 
                            <E T="03">https://health.hawaii.gov/ust/</E>
                            .
                        </P>
                        <P>(A) Hawaii Statutory Requirements Applicable to the Underground Storage Tank Program, dated February 18, 2020.</P>
                        <P>(B) Hawaii Regulatory Requirements Applicable to the Underground Storage Tank Program, dated February 18, 2020.</P>
                        <P>
                            (ii) 
                            <E T="03">Legal basis.</E>
                             The EPA considered the following statutes and regulations which provide the legal basis for the State's implementation of the UST Program. Although these statutes and regulations are part of the approved program, they are not being incorporated by reference for enforcement purposes and do not replace Federal authorities.
                        </P>
                        <P>
                            (A) 
                            <E T="03">Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.</E>
                             (
                            <E T="03">1</E>
                            ) Section 342L-1, as to the definition of “complaint” insofar as it is necessary for enforcement purposes.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Section 342L-1, as to the definition of “variance” insofar as it establishes a definition of the term for use in granting variances.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Section 342L-2, insofar as it directs the HDOH Director to administer Hawaii's UST Program.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Section 342L-3, insofar as it defines the HDOH Director's powers.
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) Section 342L-5, insofar as it allows for the granting of variances.
                        </P>
                        <P>
                            (
                            <E T="03">6</E>
                            ) Section 342L-6, insofar as it establishes procedures for the granting of variances.
                        </P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) Section 342L-7, insofar as it grants inspection, monitoring, and other information-gathering authorities to the HDOH.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) Section 342L-8, insofar as it establishes the HDOH's enforcement authority.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Section 342L-9, insofar as it provides emergency authority to the Hawaii governor and the HDOH Director.
                        </P>
                        <P>
                            (
                            <E T="03">10</E>
                            ) Section 342L-10, insofar as it makes persons who violate the statutes and regulations in Hawaii's UST Program subject to penalties.
                        </P>
                        <P>
                            (
                            <E T="03">11</E>
                            ) Section 342L-11, insofar as it allows the HDOH Director to impose administrative penalties for violations.
                        </P>
                        <P>
                            (
                            <E T="03">12</E>
                            ) Section 342L-12, insofar as it grants the HDOH Director the authority to commence a civil action seeking injunctive and other relief.
                        </P>
                        <P>
                            (
                            <E T="03">13</E>
                            ) Section 342L-12.5, insofar as it grants adversely affected persons the authority to intervene in civil enforcement actions.
                        </P>
                        <P>
                            (
                            <E T="03">14</E>
                            ) Section 342L-13, insofar as it grants appeal rights to parties aggrieved by an order of the HDOH director.
                        </P>
                        <P>
                            (
                            <E T="03">15</E>
                            ) Section 342L-15, insofar as it establishes the HDOH's obligations to make information available to the public and to protect confidential information.
                        </P>
                        <P>
                            (
                            <E T="03">16</E>
                            ) Section 342L-17, insofar as it provides that Hawaii Revised Statutes, Chapter 342L (Chapter 342L) does not exclude or impair existing civil or criminal remedies.
                        </P>
                        <P>
                            (
                            <E T="03">17</E>
                            ) Section 342L-18, insofar as it provides for enforcement by state and county authorities.
                        </P>
                        <P>
                            (
                            <E T="03">18</E>
                            ) Section 342L-19, insofar as it provides that Chapter 342L does not affect the powers, duties, and functions vested in the HDOH under other laws.
                        </P>
                        <P>
                            (
                            <E T="03">19</E>
                            ) Section 342L-20, insofar as it defines the relationship between Chapter 342L and laws, ordinances, and rules that are inconsistent.
                        </P>
                        <P>
                            (
                            <E T="03">20</E>
                            ) Section 342L-21, insofar as it grants priority in courts to actions brought under Chapter 342L.
                        </P>
                        <P>
                            (
                            <E T="03">21</E>
                            ) Section 342L-30(i), insofar as it establishes penalties for failure to comply with notification requirements.
                        </P>
                        <P>
                            (
                            <E T="03">22</E>
                            ) Section 342L-32.5, insofar as it prohibits the delivery, deposit, or acceptance of a regulated substance into an underground storage tank identified by the HDOH as ineligible for such delivery, deposit, or acceptance.
                        </P>
                        <P>
                            (
                            <E T="03">23</E>
                            ) Section 342L-50, insofar as it establishes definitions for the purpose of the HDOH's implementation of sections 342L-51 through 342L-53, which are not incorporated by reference.
                        </P>
                        <P>
                            (
                            <E T="03">24</E>
                            ) Section 342L-51, insofar as it requires the HDOH to establish a fund for responding to petroleum releases from USTs or UST systems.
                        </P>
                        <P>
                            (
                            <E T="03">25</E>
                            ) Section 342L-52, insofar as it provides the HDOH the authority to respond to suspected or confirmed petroleum releases from USTs or UST systems.
                        </P>
                        <P>
                            (
                            <E T="03">26</E>
                            ) Section 342L-53, insofar as it allows the HDOH to recover costs incurred from response or enforcement actions related to petroleum releases from USTs or UST systems.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Hawaii Administrative Rules, Chapter 11-280.1, Underground Storage Tanks.</E>
                             (
                            <E T="03">1</E>
                            ) Section 11-280.1-12, as to the definition of “variance” insofar as it establishes a definition of the term for use in granting variances.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Section 11-280.1-66(d), insofar as it establishes criteria for the HDOH to use when approving corrective action plans.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Section 11-280.1-66(e) and section 11-280.1-67 insofar as they establish requirements to facilitate public participation in the corrective action process.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Section 11-280.1-112 insofar as it grants the HDOH Director the authority to require the placement of funds into a trust.
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) Section 11-280.1-332, insofar as it allows the HDOH to grant variances.
                        </P>
                        <P>
                            (
                            <E T="03">6</E>
                            ) Section 11-280.1-333, insofar it establishes procedures for the granting of variances.
                        </P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) Section 11-280.1-421, insofar as it describes the purpose of the subchapter of Hawaii's UST regulations that establishes an enforcement program.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) Section 11-280.1-422, insofar as it provides for the issuance of field citations for violations of Hawaii's UST requirements.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Section 11-280.1-429, insofar as it prohibits the delivery, deposit, or acceptance of a regulated substance into ineligible USTs and establishes procedures to enforce the prohibition.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Other provisions not incorporated by reference.</E>
                             The following statutory and regulatory provisions applicable to the Hawaii UST Program are broader in scope than the Federal program. Therefore, these provisions are not part of the approved UST Program and are not incorporated by reference in this section:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.</E>
                             (
                            <E T="03">1</E>
                            ) Section 342L-1 is broader in scope as to the definition of “regulated substance” insofar as it allows the HDOH to regulate substances that are not regulated under the Federal definition.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Section 342L-1 is broader in scope as to the definition of “shoreline” insofar as it defines the term for the purposes of the shoreline permit prohibition in section 342L-4.5.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Section 342L-4 is broader in scope insofar as it establishes a permitting program.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Section 342L-4.5 is broader in scope insofar as it restricts the permitting of new USTs within one hundred yards of the shoreline.
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) Section 342L-14 is broader in scope insofar as it grants the HDOH Director authority to establish fees for the registration of USTs or UST systems.
                            <PRTPAGE P="44997"/>
                        </P>
                        <P>(6) Section 342L-16 is broader in scope insofar as it provides liability protections for HDOH personnel.</P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) Section 342L-23 is broader in scope insofar as it requires the HDOH Director to create and maintain a directory of UST service providers.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) Section 342L-30(g) is broader in scope insofar as it places notification requirements on any person selling an underground storage tank or tank system.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Section 342L-30(h) is broader in scope insofar as it places notification requirements on any person who deposits regulated substances into an underground storage tank or tank system.
                        </P>
                        <P>
                            (
                            <E T="03">10</E>
                            ) Section 342L-31 is broader in scope insofar as it requires owners and operators of USTs or UST systems to obtain permits.
                        </P>
                        <P>
                            (
                            <E T="03">11</E>
                            ) Section 342L-61 is broader in scope insofar as it establishes a fuel tank advisory committee.
                        </P>
                        <P>
                            (
                            <E T="03">12</E>
                            ) Section 342L-62 is broader in scope insofar as it defines the duties of the fuel tank advisory committee.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Hawaii Administrative Rules, Chapter 11-280.1, Underground Storage Tanks.</E>
                             (
                            <E T="03">1</E>
                            ) Section 11-280.1-12 is broader in scope as to the definition of “regulated substance” insofar as it allows the Hawaii UST Program to regulate substances that are not regulated under the Federal program.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Section 11-280.1-21(b) and (c) are broader in scope insofar as they require that all UST systems be upgraded to meet secondary containment requirement within the specified timeframe.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Section 11-280.1-23 is broader in scope insofar as it requires hazardous substance USTs installed prior to October 13, 2015, to be secondarily contained, with no exceptions.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Section 11-280.1-34(a)(1) is broader in scope insofar as it requires notification for a change in service as are Sections 11-280.1-34(a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(9) and (a)(10) insofar as they establish notification requirements beyond the scope of the Federal program.
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) Section 11-280.1-42 is broader in scope insofar as it requires hazardous substance USTs installed prior to October 13, 2015, to use interstitial monitoring, with no exceptions.
                        </P>
                        <P>
                            (
                            <E T="03">6</E>
                            ) Section 11-280.1-53(b)(2) and section 11-451-6(b)(4) are broader in scope insofar as they establish a “reportable quantity” threshold for trichloropropane of 10 lbs.
                        </P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) Section 11-280.1-61.1 is broader in scope insofar as it requires the posting of signs around the perimeter of contaminated areas, as the HDOH determines to be appropriate.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) Section 11-280.1-65.1 is broader in scope insofar as it requires written notification of confirmed releases to members of the public directly affected by the release.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Sections 11-280.1-323 to 11-280.1-331 are broader in scope insofar as they require permits for the installation and operation of USTs.
                        </P>
                        <P>
                            (
                            <E T="03">10</E>
                            ) Sections 11-280.1-334 is broader in scope insofar as it establishes requirements regarding the maintenance of permits and variances.
                        </P>
                        <P>
                            (
                            <E T="03">11</E>
                            ) Section 11-280.1-335 is broader in scope insofar as it establishes fees for permits and variances.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Statement of legal authority.</E>
                             The Attorney General's Statement, signed by a Hawaii Deputy Attorney General on September 13, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 
                            <E T="03">et seq.</E>
                        </P>
                        <P>
                            (3) 
                            <E T="03">Demonstration of procedures for adequate enforcement.</E>
                             The “Demonstration of Procedures for Adequate Enforcement” submitted in the application on October 8, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 
                            <E T="03">et seq.</E>
                        </P>
                        <P>
                            (4) 
                            <E T="03">Program description.</E>
                             The program description dated August 2018, and as amended in October 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 
                            <E T="03">et seq.</E>
                        </P>
                        <P>
                            (5) 
                            <E T="03">Memorandum of Agreement.</E>
                             The Memorandum of Agreement between EPA Region 9 and the HDOH, signed by the EPA Regional Administrator on April 3, 2019, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 
                            <E T="03">et seq.</E>
                        </P>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="282">
                    <AMDPAR>3. Amend appendix A to part 282 by revising the entry for Hawaii to read as follows: </AMDPAR>
                    <HD SOURCE="HD1">Appendix A to Part 282—State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations</HD>
                    <EXTRACT>
                        <STARS/>
                        <HD SOURCE="HD2">Hawaii</HD>
                        <P>(a) The statutory provisions include:</P>
                        <P>
                            <E T="03">Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks:</E>
                        </P>
                        <P>Section 342L-1 Definitions (except “complaint” insofar as it establishes a definition for enforcement purposes; “regulated substance” insofar as it includes other substances as designated by the Hawaii Department of Health (HDOH); “shoreline” insofar as it relates to UST location requirements; and “variance” insofar as it establishes a definition for the purpose of granting variances).</P>
                        <P>Section 342L-7.5 Record maintenance.</P>
                        <P>Section 342L-30 Notification requirements (except paragraphs (g) and (h) of this section insofar as those provisions establish notification requirements for sellers of USTs or UST systems and for any person who deposits regulated substances into a UST or UST system; and except for paragraph (i) of this section insofar as it grants the HDOH authority to assess penalties for noncompliance).</P>
                        <P>Section 342L-32 Standards for tanks and tank systems.</P>
                        <P>Section 342L-33 Release detection.</P>
                        <P>Section 342L-34 Reporting of releases.</P>
                        <P>Section 342L-35 Response to suspected or confirmed releases.</P>
                        <P>Section 342L-36 Financial responsibility.</P>
                        <P>Section 342L-37 Underground storage tank and tank system change in service and closure requirements.</P>
                        <P>(b) The regulatory provisions include:</P>
                        <P>
                            <E T="03">Hawaii Administrative Rules, Chapter 11-280.1, Underground Storage Tanks:</E>
                        </P>
                        <P>Section 11-280.1-10 Applicability.</P>
                        <P>Section 11-280.1-11 Installation requirements for partially excluded UST systems.</P>
                        <P>Section 11-280.1-12 Definitions (except “regulated substance” insofar as the HDOH can designate other substances; and “variance” insofar as the term is defined for the purpose granting variances).</P>
                        <P>Section 11-280.1-13 Installation requirements for partially excluded UST systems—codes of practice.</P>
                        <P>Section 11-280.1-20 Performance standards for UST systems.</P>
                        <P>Section 11-280.1-21 Upgrading of UST systems (except (b) and (c) of this section insofar as they establish a date for removal or upgrade tanks and piping to meet secondary containment requirements).</P>
                        <P>Section 11-280.1-23 Tank and piping design for hazardous substance UST systems (insofar as it applies to hazardous substance UST systems installed on or after October 13, 2015).</P>
                        <P>Section 11-280.1-24 Secondary containment design.</P>
                        <P>Section 11-280.1-25 Under-dispenser containment.</P>
                        <P>Section 11-280.1-26 Performance standards and design for UST systems—codes of practice.</P>
                        <P>Section 11-280.1-30 Spill and overfill control.</P>
                        <P>Section 11-280.1-31 Operation and maintenance of corrosion protection.</P>
                        <P>Section 11-280.1-32 Compatibility.</P>
                        <P>Section 11-280.1-33 Repairs allowed.</P>
                        <P>
                            Section 11-280.1-34 Notification, reporting, and recordkeeping (except “change-in-service” in (a)(1) insofar as it requires notification for a change-in-service and except (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(9) and (a)(10) insofar as they establish notification requirements beyond the scope of the Federal program).
                            <PRTPAGE P="44998"/>
                        </P>
                        <P>Section 11-280.1-35 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.</P>
                        <P>Section 11-280.1-36 Periodic operation and maintenance walkthrough inspections.</P>
                        <P>Section 11-280.1-37 Periodic inspection and maintenance of under-dispenser containment.</P>
                        <P>Section 11-280.1-38 General operating requirements—codes of practice.</P>
                        <P>Section 11-280.1-40 General requirements for all UST systems.</P>
                        <P>Section 11-280.1-41 Requirements for petroleum UST systems.</P>
                        <P>Section 11-280.1-42 Requirements for hazardous substance UST systems (insofar as it applies to hazardous substance UST systems installed on or after October 13, 2015).</P>
                        <P>Section 11-280.1-43 Methods of release detection for tanks.</P>
                        <P>Section 11-280.1-44 Methods of release detection for piping.</P>
                        <P>Section 11-280.1-45 Release detection recordkeeping.</P>
                        <P>Section 11-280.1-46 Release detection—codes of practice.</P>
                        <P>Section 11-280.1-50 Reporting of suspected releases.</P>
                        <P>Section 11-280.1-51 Investigation of off-site impacts.</P>
                        <P>Section 11-280.1-52 Release investigation and confirmation steps.</P>
                        <P>Section 11-280.1-53 Reporting and cleanup of spills and overfills (except “as determined in compliance with section 11-451-6” in (b)(2) insofar as the requirement in Section 11-451-6 to report a release of trichloropropane is broader in scope than the Federal release reporting requirements).</P>
                        <P>Section 11-280.1-60 General.</P>
                        <P>Section 11-280.1-61 Immediate response actions.</P>
                        <P>Section 11-280.1-62 Initial abatement measures and site assessment.</P>
                        <P>Section 11-280.1-63 Initial site characterization.</P>
                        <P>Section 11-280.1-64 Free product removal.</P>
                        <P>Section 11-280.1-65 Investigations for soil and groundwater cleanup.</P>
                        <P>Section 11-280.1-65.2 Release response reporting.</P>
                        <P>Section 11-280.1-65.3 Site cleanup criteria.</P>
                        <P>Section 11-280.1-66 Corrective action plan (except (d) insofar as it establishes criteria for HDOH use in the approval of corrective action plans; and (e) insofar as it establishes public participation requirements).</P>
                        <P>Section 11-280.1-70 Temporary closure.</P>
                        <P>Section 11-280.1-71 Permanent closure and changes-in-service.</P>
                        <P>Section 11-280.1-72 Assessing the site at closure or change-in-service.</P>
                        <P>Section 11-280.1-73 Applicability to previously closed UST systems.</P>
                        <P>Section 11-280.1-74 Closure records.</P>
                        <P>Section 11-280.1-75 Closure—codes of practice.</P>
                        <P>Section 11-280.1-90 Applicability.</P>
                        <P>Section 11-280.1-92 Definition of terms.</P>
                        <P>Section 11-280.1-93 Amount and scope of required financial responsibility.</P>
                        <P>Section 11-280.1-94 Allowable mechanisms and combinations of mechanisms.</P>
                        <P>Section 11-280.1-95 Financial test of self-insurance.</P>
                        <P>Section 11-280.1-96 Guarantee.</P>
                        <P>Section 11-280.1-97 Insurance and risk retention group coverage.</P>
                        <P>Section 11-280.1-98 Surety bond.</P>
                        <P>Section 11-280.1-99 Letter of credit.</P>
                        <P>Section 11-280.1-102 Trust fund.</P>
                        <P>Section 11-280.1-103 Standby trust fund.</P>
                        <P>Section 11-280.1-104 Local government bond rating test.</P>
                        <P>Section 11-280.1-105 Local government financial test.</P>
                        <P>Section 11-280.1-106 Local government guarantee.</P>
                        <P>Section 11-280.1-107 Local government fund.</P>
                        <P>Section 11-280.1-108 Substitution of financial assurance mechanisms by owner or operator.</P>
                        <P>Section 11-280.1-109 Cancellation or nonrenewal by a provider of financial assurance.</P>
                        <P>Section 11-280.1-110 Reporting by owner or operator.</P>
                        <P>Section 11-280.1-111 Recordkeeping.</P>
                        <P>Section 11-280.1-113 Release from the requirements.</P>
                        <P>Section 11-280.1-114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.</P>
                        <P>Section 11-280.1-115 Replenishment of guarantees, letters of credit, or surety bonds.</P>
                        <P>Section 11-280.1-200 Definitions.</P>
                        <P>Section 11-280.1-210 Participation in management.</P>
                        <P>Section 11-280.1-220 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located.</P>
                        <P>Section 11-280.1-230 Operating an underground storage tank or underground storage tank system.</P>
                        <P>Section 11-280.1-240 General requirement for all UST systems.</P>
                        <P>Section 11-280.1-241 Designation of Class A, B, and C operators.</P>
                        <P>Section 11-280.1-242 Requirements for operator training.</P>
                        <P>Section 11-280.1-243 Timing of operator training.</P>
                        <P>Section 11-280.1-244 Retraining.</P>
                        <P>Section 11-280.1-245 Documentation.</P>
                        <P>
                            (c) Copies of the Hawaii statutes and regulations that are incorporated by reference are available from the State of Hawaii Department of Health, P.O. Box 3378, Honolulu, HI 96801; Phone number: (808) 586-4400; website: 
                            <E T="03">https://health.hawaii.gov/ust/</E>
                            .
                        </P>
                    </EXTRACT>
                    <STARS/>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18057 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <CFR>50 CFR Part 660</CFR>
                <DEPDOC>[Docket No. 241022-0278]</DEPDOC>
                <RIN>RIN 0648-BO00</RIN>
                <SUBJECT>Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2025-2026 Biennial Specifications and Management Measures; Inseason Adjustments</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; inseason adjustments to biennial groundfish management measures.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This final rule announces routine inseason adjustments to management measures in commercial and recreational groundfish fisheries. These inseason adjustments will change depth restrictions and trip limits for some stocks in recreational and commercial groundfish fisheries off the California coast to allow more attainment of healthy stocks that co-occur with California quillback rockfish. This action is intended to allow commercial and recreational fishing vessels to access more abundant groundfish stocks while protecting overfished and depleted stocks.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This final rule is effective September 18, 2025.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Gretchen Hanshew, 206-526-6147, 
                        <E T="03">gretchen.hanshew@noaa.gov.</E>
                    </P>
                    <HD SOURCE="HD1">Electronic Access</HD>
                    <P>
                        This rule is accessible via the internet at the Office of the Federal Register website at 
                        <E T="03">https://www.federalregister.gov.</E>
                         Background information and documents are available at the Pacific Fishery Management Council's website at 
                        <E T="03">https://www.pcouncil.org/.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and its implementing regulations at title 50 in the Code of Federal Regulations (CFR), part 660, subparts C through G, regulate fishing for groundfish off the coasts of Washington, Oregon, and California. Pacific Coast groundfish fisheries are managed using harvest specifications or limits (
                    <E T="03">e.g.,</E>
                     overfishing limits [OFL], 
                    <PRTPAGE P="44999"/>
                    acceptable biological catch [ABC], annual catch limits [ACL], and harvest guidelines [HG]) recommended by the Pacific Fishery Management Council (Council) and based on the best scientific information available (BSIA) at that time (50 CFR 660.60(b)). During development of the harvest specifications, the Council also recommends management measures (
                    <E T="03">e.g.,</E>
                     trip limits, area closures, and bag limits) that are meant to control catch so as not to exceed the harvest specifications. Based on recommendations from the Council, NMFS develops and implements groundfish harvest specifications and management measures for 2-year periods (
                    <E T="03">i.e.,</E>
                     a biennium).
                </P>
                <P>NMFS published the final rule to implement harvest specifications and management measures for the 2025-2026 biennium for most species managed under the PCGFMP on December 16, 2024 (89 FR 101514). That final rule was effective January 1, 2025. In general, the management measures set at the start of the biennial harvest specifications cycle help the various sectors of the fishery attain, but not exceed, the annual allocations for each stock. During the fishing year, the Council recommends adjustments to the biennial management measures to achieve this goal.</P>
                <P>
                    At its June 13-16, 2025 meeting, the Council recommended two inseason actions for the Pacific Coast groundfish fishery. The first involves commercial sablefish trip limits and was published in the 
                    <E T="04">Federal Register</E>
                     and effective on July 21, 2025 (90 FR 34186). The second inseason action involves changes in management measures for the recreational and commercial groundfish fisheries off the coast of northern and central California, and is discussed below.
                </P>
                <P>
                    The harvest specifications and mitigation measures developed for the 2025-2026 biennium used data through the 2023 fishing year. California quillback rockfish (
                    <E T="03">Sebastes maliger</E>
                    ) was determined by NMFS, in December 2023, to be overfished. Thus, in an effort to take precautionary steps prior to the implementation of a rebuilding plan, the Council recommended and NMFS implemented restrictive commercial and recreational measures, as inseason changes, in autumn 2023 (88 FR 67656, October 2, 2023), to use all means available to conserve California quillback rockfish. These restrictive measures were retained in the 2025-2026 harvest specifications and management measures.
                </P>
                <P>The adjustments provided in this inseason action are based on updated information that was unavailable when the analysis for the current harvest specifications, management measures, and the rebuilding plan was completed. As new fisheries data becomes available, adjustments to management measures are appropriate in order to help harvesters achieve but not exceed the catch limits. Accordingly, at its June 2025 meeting, the Council considered input from its advisory bodies on a draft 2025 benchmark stock assessment for California quillback rockfish (hereafter quillback rockfish), which showed preliminary results that the estimated harvestable surplus for 2027 would be approximately 6 times higher than the 2025 ACL, and that the stock is not overfished and may never have been in an overfished condition. Contingent upon the outcome of the stock assessment review process producing a final stock assessment substantially similar to the draft available in June, the Council recommended inseason changes to the 2025-2026 groundfish management measures with the intent of relieving restrictions on stocks that co-occur with quillback rockfish.</P>
                <P>The benchmark assessment was accepted by a peer review in July 2025 and, on September 3, 2025, the final benchmark stock assessment was endorsed by the Council's Scientific and Statistical Committee (SSC). On September 4, 2025, NMFS determined that the 2025 stock assessment represents new best scientific information available (BSIA) and the stock status for quillback rockfish is expected to be not overfished and rebuilt. The final stock assessment estimates that the quillback rockfish stock is above its proxy for maximum sustainable yield (MSY); at 43.5 percent depletion estimated in 2025. Also, the stocks' harvestable surplus is estimated in the 2025 assessment to be over six times higher than the 2021 assessment estimate, with a projected OFL of 12.83 metric tons (mt) for 2027 compared to an OFL estimate of 2.11 mt in 2023. Based on this new information, the Council recommended changes to relieve restrictions for the remainder of the biennial period for stocks that co-occur with quillback rockfish and are affecting boat operators, fish processors, and coastal communities. The Council did not recommend changes to routine management measures that directly affect quillback rockfish. Retention of quillback rockfish will therefore still be prohibited off much of the coast of California, and the use of descending devices will still be required to resubmerge incidentally caught quillback rockfish in commercial and recreational hook and line fisheries. For these reasons, the recommended changes are expected to help the various sectors of the fishery attain, but not exceed, the catch limits for each stock, including quillback rockfish.</P>
                <HD SOURCE="HD2">Recreational Fishery</HD>
                <P>During the 2025-2026 biennial process, the Council considered a range of routine recreational fishery management measure configurations off the coast of California, ranging from open all-depths year-round (essentially unrestricted) to year-round depth-restrictions with shortened open seasons (highly restricted). The wide range of restrictions was analyzed with the intent of encompassing the uncertainty in how catches in the fishery could accrue compared to expectations and catch limits, and to allow the Council to consider adaptive management based on new information.</P>
                <P>Since the implementation of fishery restrictions on quillback rockfish and species that co-occur with quillback rockfish in late 2023, the Council and NMFS staff have received continuous comments from commercial and recreational fishery participants on the adverse economic impacts of such restrictions to California coastal communities. Most recently, at its June 2025 meeting, the Council received public comments from recreational fishery representatives describing the hardships created by the current depth restrictions and current fishery restrictions, including how offshore fishing increased fuel costs and transit time and how regulatory discards of commonly encountered stocks were negatively affecting charter passengers perceived quality and value of trips.</P>
                <P>
                    Based on new scientific information regarding the improved status of the quillback rockfish stock, and in light of the hardships that recreational fishery participants are experiencing, in June 2025, the Council recommended all-depth recreational fishing for rockfish, cabezon, and greenling (referred to as the “RCG Complex” in California recreational regulations) and lingcod, during the open season for the Northern, Mendocino, San Francisco, and Central groundfish management areas from April 1 through December 31, for the remainder of the biennial period (2025-26). For the same reasons, and to reduce regulatory complexity, the Council also recommended removal of the management line at Point Lopez (36° North latitude (N lat.)) to recombine the two sub-areas that were created within the Central groundfish management area in 2023.
                    <PRTPAGE P="45000"/>
                </P>
                <P>
                    Consistent with Council recommendations, NMFS is modifying regulatory text at 50 CFR 660.360(c)(3)(i)(A), sub-paragraphs (
                    <E T="03">1</E>
                    ) through (
                    <E T="03">4</E>
                    ) for the Northern, Mendocino, San Francisco, and Central groundfish management areas to read as follows: “recreational fishing for the RCG Complex and lingcod is closed from January 1 through March 31 and is open at all-depths from April 1 through December 31.”
                </P>
                <HD SOURCE="HD2">Commercial Fishery</HD>
                <P>During the 2025-26 biennial process, the Council considered how adjustments to routine non-trawl commercial fishery management measures could be made inseason to meet the goals and objectives of the FMP.</P>
                <P>The non-trawl commercial sector in California has had very restrictive management measures since 2023 to reduce the likelihood of catching quillback rockfish, either as a target stock or incidentally when targeting other co-occurring stocks. These Federal regulations, combined with concurrently restrictive state rules in state waters, effectively closed commercial groundfish fishing in state waters between 42° N lat. and 37°07′ N lat., for all commercial fishing vessels, with the exception of state nearshore permit holders fishing exclusively in state waters under state regulations.</P>
                <P>Since 2023, the Council has received comments from industry, describing very limited access to groundfish fishery resources in northern and central California. The negative impact from groundfish restrictions is compounded for fishermen, processors, and coastal communities off California by a continued closure of all commercial salmon fishing opportunities in 2025. Therefore, based on the new BSIA regarding the improved status of the quillback rockfish stock, in order to alleviate restrictions on the non-trawl commercial groundfish fishery, the Council recommended, and NMFS is implementing, inseason adjustments to increase trip limits for a number of healthy and underutilized stocks that co-occur with quillback rockfish, but for which trip limits were restricted in 2023. The Council also recommended, and NMFS is implementing, inseason action to reduce depth-based closures for this fishery, thus allowing greater access to depths where healthy deeper nearshore and shelf stocks that co-occur with quillback rockfish may be accessed.</P>
                <P>These inseason adjustments will generally revert trip limits and depth-based closures to those in place prior to the quillback rockfish restrictions. Consistent with Council recommendations, NMFS is modifying regulatory text in Tables 2a and 2b to Part 660, Subpart E and Tables 3a and 3b, Subpart F to implement non-trawl Rockfish Conservation Area (RCA) boundaries and trip limits, as described in Tables 1 through 9 below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s75,r75,r75">
                    <TTITLE>Table 1—Non-Trawl Rockfish Conservation Area (RCA) Boundaries for the Limited Entry Fixed Gear (LEFG) and Open Access (OA) Non-Trawl Fisheries Between 42° N Lat. and 34°27′ N Lat.</TTITLE>
                    <BOXHD>
                        <CHED H="1">Area</CHED>
                        <CHED H="1">Current boundary</CHED>
                        <CHED H="1">New boundary</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">42° N lat.-40°10′ N lat</ENT>
                        <ENT>Shoreward EEZ-75 fm line</ENT>
                        <ENT>30 fm line-75 fm line.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">40°10′ N. lat.-38°57.5′ N lat</ENT>
                        <ENT>Shoreward EEZ-75 fm line</ENT>
                        <ENT>40 fm line-75 fm line.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">38°57.5′ N lat.-37°07′ N lat</ENT>
                        <ENT>Shoreward EEZ-75 fm line</ENT>
                        <ENT>50 fm line-75 fm line.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">37°07′ N lat.-34°27′ N lat</ENT>
                        <ENT>50 fm line-75 fm line</ENT>
                        <ENT>50 fm line-75 fm line.</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,r50,r50,r100">
                    <TTITLE>Table 2—Trip Limit Structure for LEFG and OA Nearshore Rockfish in Current Regulation and as Modified by This Inseason Action</TTITLE>
                    <BOXHD>
                        <CHED H="1">Option</CHED>
                        <CHED H="1">Habitat</CHED>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">Trip limits</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">New trip limits</ENT>
                        <ENT>Black rockfish</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>7,000 lb (3,175 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Nearshore</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months, of which no more than 75 lb (34 kg) may be copper rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Shallow nearshore</ENT>
                        <ENT>40°10′ N lat.-36° N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>South of 36° N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Deeper nearshore</ENT>
                        <ENT>40°10′ N lat.-36° N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months, of which no more than 75 lb (34 kg) may be copper rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>South of 36° N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months, of which no more than 75 lb (34 kg) may be copper rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Current trip limits</ENT>
                        <ENT>Black rockfish</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>CLOSED.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Nearshore</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>0 lb (0 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Shallow nearshore</ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>0 lb (0 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>South of 37°07′ N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Deeper nearshore</ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>0 lb (0 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>South of 37°07′ N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months, of which no more than 75 lb (34 kg) may be copper rockfish.</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50,r100">
                    <TTITLE>Table 3—Trip Limit Structure for LEFG and OA Cabezon in California in Current Regulation and as Modified by This Inseason Action</TTITLE>
                    <BOXHD>
                        <CHED H="1">Option</CHED>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">Trip limits</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">New trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>Unlimited.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-36° N lat</ENT>
                        <ENT>Unlimited.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 36° N lat</ENT>
                        <ENT>Unlimited.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Current trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>0 lb (0 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>0 lb (0 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 37°07′ N lat</ENT>
                        <ENT>Unlimited.</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="45001"/>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50,r100">
                    <TTITLE>Table 4—Trip Limit Structure for LEFG Lingcod in California in Current Regulation and as Modified by This Inseason Action</TTITLE>
                    <BOXHD>
                        <CHED H="1">Option</CHED>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">Trip limits</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">New trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-36° N lat</ENT>
                        <ENT>1,600 lb (726 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 36° N lat</ENT>
                        <ENT>1,600 lb (726 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Current trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months seaward of the Non-Trawl RCA; CLOSED inside the Non-Trawl RCA.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>1,600 lb (726 kg)/2 months seaward of the Non-Trawl RCA; CLOSED inside of the Non-Trawl RCA.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 37°07′ N lat</ENT>
                        <ENT>1,600 lb (726 kg)/2 months.</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50,r100">
                    <TTITLE>Table 5—Trip Limit Structure for OA Lingcod in California in Current Regulation and as Modified by This Inseason Action</TTITLE>
                    <BOXHD>
                        <CHED H="1">Option</CHED>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">Trip limits</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">New trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-36° N lat</ENT>
                        <ENT>1,400 lb (635 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 36° N lat</ENT>
                        <ENT>1,400 lb (635 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Current trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>2,000 lb (907 kg)/2 months seaward of the Non-Trawl RCA; CLOSED inside the Non-Trawl RCA.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>1,400 lb (635 kg)/2 months seaward of the Non-Trawl RCA; CLOSED inside of the Non-Trawl RCA.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 37°07′ N lat</ENT>
                        <ENT>1,400 lb (635 kg)/2 months.</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50,r100">
                    <TTITLE>Table 6—Trip Limit Structure for LEFG Other Flatfish in California in Current Regulation and as Modified by This Inseason Action</TTITLE>
                    <BOXHD>
                        <CHED H="1">Option</CHED>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">Trip limits</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">New trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>20,000 lb (9,072 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-36° N lat</ENT>
                        <ENT>20,000 lb (9,072 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 36° N lat</ENT>
                        <ENT>20,000 lb (9,072 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Current trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>20,000 lb (9,072 kg)/2 months seaward of the Non-Trawl RCA; CLOSED inside the Non-Trawl RCA.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>20,000 lb (9,072 kg)/2 months seaward of the Non-Trawl RCA; CLOSED inside of the Non-Trawl RCA.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 37°07′ N lat</ENT>
                        <ENT>20,000 lb (9,072 kg)/2 months.</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50,r100">
                    <TTITLE>Table 7—Trip Limit Structure for OA Other Flatfish in California in Current Regulation and as Modified by This Inseason Action</TTITLE>
                    <BOXHD>
                        <CHED H="1">Option</CHED>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">Trip limits</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">New trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>10,000 lb (4,536 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-36° N lat</ENT>
                        <ENT>10,000 lb (4,536 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 36° N lat</ENT>
                        <ENT>10,000 lb (4,536 kg)/2 months.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Current trip limits</ENT>
                        <ENT>42° N lat.-40°10′ N lat</ENT>
                        <ENT>10,000 lb (4,536 kg)/2 months seaward of the Non-Trawl RCA; CLOSED inside the Non-Trawl RCA.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>10,000 lb (4,536 kg)/2 months seaward of the Non-Trawl RCA; CLOSED inside of the Non-Trawl RCA.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 37°07′ N lat</ENT>
                        <ENT>10,000 lb (4,536 kg)/2 months.</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50,r100">
                    <TTITLE>Table 8—Trip Limit structure for LEFG Shelf Rockfish in California in Current Regulation and as Modified by This Inseason Action</TTITLE>
                    <BOXHD>
                        <CHED H="1">Option</CHED>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">Trip limits</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">New trip limits</ENT>
                        <ENT>40°10′ N lat.-34°27′ N lat</ENT>
                        <ENT>8,000 lb (3,629 kg)/2 months, of which no more than 500 lb (227 kg) may be vermilion/sunset rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Current trip limit</ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>6,000 lb (2,722 kg)/2 months, of which no more than 500 lb (227 kg) may be vermilion/sunset rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>37°07′ N lat.-34°27′ N lat</ENT>
                        <ENT>8,000 lb (3,629 kg)/2 months, of which no more than 500 lb (227 kg) may be vermilion/sunset rockfish.</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="45002"/>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50,r100">
                    <TTITLE>Table 9—Trip Limit Structure for OA Shelf Rockfish in California in Current Regulation and as Modified by This Inseason Action</TTITLE>
                    <BOXHD>
                        <CHED H="1">Option</CHED>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">Trip limits</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">New trip limits</ENT>
                        <ENT>40°10′ N lat.-34°27′ N lat</ENT>
                        <ENT>4,000 lb (1,814 kg)/2 months, of which no more than 300 lb (136 kg) may be vermilion/sunset rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 34°27′ N lat</ENT>
                        <ENT>4,000 lb (1,814 kg)/2 months, of which no more than 300 lb (136 kg) may be vermilion/sunset rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Current trip limits</ENT>
                        <ENT>40°10′ N lat.-37°07′ N lat</ENT>
                        <ENT>3,000 lb (1,361 kg)/2 months, of which no more than 300 lb (136 kg) may be vermilion/sunset rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>37°07′ N lat.-34°27′ N lat</ENT>
                        <ENT>4,000 lb (1,814 kg)/2 months, of which no more than 300 lb (136 kg) may be vermilion/sunset rockfish.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>South of 34°27′ N lat</ENT>
                        <ENT>3,000 lb (1,361 kg)/2 months, of which no more than 900 lb (408 kg) may be vermilion/sunset rockfish.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Classification</HD>
                <P>This final rule makes routine inseason adjustments to groundfish fishery management measures, based on the BSIA, consistent with the PCGFMP and its implementing regulations.</P>
                <P>This action is taken under the authority of 50 CFR 660.60(c) and is exempt from review under Executive Order 12866.</P>
                <P>
                    The aggregate data upon which these actions are based are available for public inspection by contacting Gretchen Hanshew in NMFS West Coast Region (see 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section above), or view at the NMFS West Coast groundfish website: 
                    <E T="03">https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html.</E>
                </P>
                <P>Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior public notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest. The routine adjustments to management measures in this rule are designed to increase harvest of groundfish species while keeping catch within allocations established by the 2025-2026 harvest specifications.</P>
                <P>The Council recommended, and NMFS is implementing, a decrease in the size of the depth-based closed areas that the commercial and recreational groundfish fisheries off the coast of Northern and Central California are subject to. Additionally, the Council recommended, and NMFS is implementing, trip limit increases in the limited entry fixed gear (LEFG) and open access (OA) commercial groundfish fisheries, off the coast of Northern and Central California, for black rockfish, nearshore rockfish, shallow nearshore rockfish, deeper nearshore rockfish, cabezon, lingcod, the Other flatfish complex, and shelf rockfish. These inseason changes are in response to new BSIA regarding the stock status of quillback rockfish and need to be enacted for the remainder of the 2025-2026 biennium to avoid continuing restrictions that are not necessary to limit the effects of the fishery on quillback rockfish. Delaying implementation to allow for public comment would impact the fishery's ability to attain, but not exceed, harvest specifications for underutilized stocks that co-occur with quillback rockfish. Additionally, relief from similar restrictions has recently been implemented by the State of California in state waters, which is reportedly creating confusion among fishermen because of the inconsistency between regulations in adjacent federal waters. Thus, delaying these inseason changes would be contrary to the public interest due to the potential for continued confusion for the affected public. Finally, providing a comment period for this action would unnecessarily limit the economic benefits intended by this action and of the overall fishery to fishery participants and fishery-dependent businesses and communities. No aspect of this action is controversial, and changes of this nature were anticipated in the final rule for the 2025-2026 harvest specifications and management measures, which published on December 16, 2024 (89 FR 101514). Routine inseason changes of this nature are also anticipated in the process described in regulations at 50 CFR 660.60(c).</P>
                <P>
                    For these same reasons, NMFS finds reason to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule may become effective upon publication in the 
                    <E T="04">Federal Register</E>
                    . These adjustments were requested by the Council's advisory bodies, as well as members of industry during the Council's June 2025 meeting, and recommended unanimously by the Council. No aspect of this action is controversial, and changes of this nature were anticipated in the biennial harvest specifications and management measures for 2025-2026 (89 FR 101514), which were established through a notice and comment rulemaking.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 50 CFR Part 660 </HD>
                    <P>Fisheries, Fishing, Indian Fisheries.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Kelly Denit,</NAME>
                    <TITLE>Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
                <P>For the reasons set out in the preamble, NMFS amends 50 CFR part 660 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 660--FISHERIES OFF WEST COAST STATES</HD>
                </PART>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>1. The authority citation for part 660 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                             16 U.S.C. 1801 
                            <E T="03">et seq.,</E>
                             16 U.S.C. 773 
                            <E T="03">et seq.,</E>
                             and 16 U.S.C. 7001 
                            <E T="03">et seq.</E>
                        </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>2. Amend table 2a (North) to part 660, subpart E by:</AMDPAR>
                    <AMDPAR>a. Removing the entries for “46°16′ N lat.-42°00′ N lat.” and “42°00′ N lat.-40°10′ N lat.”; and</AMDPAR>
                    <AMDPAR>b. Adding the entry “46°16′ N lat.-40°10′ N lat.” at the end of the table.</AMDPAR>
                    <P>The addition reads as follows:</P>
                    <PRTPAGE P="45003"/>
                    <GPOTABLE COLS="2" OPTS="L1,nj,i1" CDEF="s100,r100">
                        <TTITLE>
                            Table 2
                            <E T="01">a</E>
                             (North) to Part 660, Subpart E—Non-Trawl Rockfish Conservation Area Boundaries
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Latitude</CHED>
                            <CHED H="1">Boundary</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">46°16′ N lat.-40°10′ N lat</ENT>
                            <ENT>30 fm line-75 fm line.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>3. Amend table 2b (North), to part 660, subpart E by:</AMDPAR>
                    <P>a. Revising the entries for “Black rockfish (42°00′ N lat.-40°10′ N lat.)”, “Cabezon (42°00′ N lat.-40°10′ N lat.)”, “Lingcod (42°00′ N lat.-40°10′ N lat.)”, and “Nearshore rockfish complex (42°00′ N lat.-40°10′ N lat.)”;</P>
                    <AMDPAR>b. Removing the entries “Other flatfish complex (north of 42°00′ N lat.)” and “Other flatfish complex (42°00′ N lat.-40°10′ N lat.)”; and</AMDPAR>
                    <AMDPAR>c. Adding the entry “Other flatfish complex” in alphabetical order.</AMDPAR>
                    <P>The revisions and addition read as follows:</P>
                    <GPOTABLE COLS="2" OPTS="L1,nj,i1" CDEF="s100,r100">
                        <TTITLE>
                            Table 2
                            <E T="01">b</E>
                             (North) to Part 660, Subpart E—Trip Limits for Limited Entry Fixed Gear North of 40°10′ N Lat.
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Species</CHED>
                            <CHED H="1">Trip limit</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Black rockfish (42°00′ N lat.-40°10′ N lat.)</ENT>
                            <ENT>7,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Cabezon (42°00′ N lat.-40°10′ N lat.)</ENT>
                            <ENT>Unlimited.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lingcod (42°00′ N lat.-40°10′ N lat.)</ENT>
                            <ENT>2,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Nearshore rockfish complex (42°00′ N lat.-40°10′ N lat.)</ENT>
                            <ENT>2,000 lb/2 months, of which no more than 75 lb may be copper rockfish.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Other flatfish complex</ENT>
                            <ENT>20,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>4. Amend table 2a (South) to part 660, subpart E by:</AMDPAR>
                    <AMDPAR>a. Removing the entries “40°10′ N lat.-37°07′ N lat.” and “37°07′ N lat.-34°27′ N lat.”; and</AMDPAR>
                    <AMDPAR>b. Adding entries for “40°10′ N lat.-38°57.5′ N lat.” and “38°57.5′ N lat.-34°27′ N lat.” at the beginning of the table.</AMDPAR>
                    <P>The additions read as follows:</P>
                    <GPOTABLE COLS="2" OPTS="L1,nj,i1" CDEF="s100,r100">
                        <TTITLE>
                            Table 2
                            <E T="01">a</E>
                             (South) to Part 660, Subpart E—Non-Trawl Rockfish Conservation Area Boundaries
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Latitude</CHED>
                            <CHED H="1">Boundary</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">40°10′ N lat.-38°57.5′ N lat</ENT>
                            <ENT>40 fm line-75 fm line.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">38°57.5′ N lat.-34°27′ N lat</ENT>
                            <ENT>50 fm line-75 fm line.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>5. Amend table 2b (South) to part 660, subpart E by:</AMDPAR>
                    <AMDPAR>a. Removing the entries for “Cabezon (40°10′ N lat.-37°07′ N lat.)” and “Cabezon (south of 37°07′ N lat.)” and adding the entry “Cabezon” in their place;</AMDPAR>
                    <AMDPAR>b. Removing the entries for “Lingcod (40°10′ N lat.-37°07′ N lat.)” and “Lingcod (south of 37°07′ N lat.)” and adding the entry “Lingcod” in their place;</AMDPAR>
                    <AMDPAR>c. Removing the entries for “Shallow nearshore rockfish complex (40°10′ N lat.-37°07′ N lat.)” and “Shallow nearshore rockfish complex (south of 37°07′ N lat.)” and adding the entry “Shallow nearshore rockfish complex” in their place;</AMDPAR>
                    <AMDPAR>d. Removing the entries for “Deeper nearshore rockfish complex (40°10′ N lat.-37°07′ N lat.)” and “Deeper nearshore rockfish complex (south of 37°07′ N lat.)” and adding the entry “Deeper nearshore rockfish complex” in their place;</AMDPAR>
                    <P>e. Removing the entries for “Other flatfish complex (40°10′ N lat.-37°07′ N lat.)” and “Other flatfish complex (south of 37°07′ N lat.)” and adding the entry “Other flatfish complex” in their place; and</P>
                    <AMDPAR>f. Removing the entries for “Shelf rockfish complex (40°10′ N lat.-37° 07′ N lat.); excludes bronzespotted rockfish” and “Shelf rockfish complex (37°07′ N lat.-34°27′ N lat.); excludes bronzespotted rockfish” and adding the entry “Shelf rockfish complex (40°10′ N lat.-34°27′ N lat.); excludes bronzespotted rockfish” in their place.</AMDPAR>
                    <P>
                        The additions read as follows:
                        <PRTPAGE P="45004"/>
                    </P>
                    <GPOTABLE COLS="2" OPTS="L1,nj,i1" CDEF="s100,r100">
                        <TTITLE>
                            Table 2
                            <E T="01">b</E>
                             (South) to Part 660, Subpart E—Trip Limits for Limited Entry Fixed Gear South of 40°10′ N Lat.
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Species</CHED>
                            <CHED H="1">Trip limit</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Cabezon</ENT>
                            <ENT>Unlimited.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lingcod</ENT>
                            <ENT>1,600 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Shallow nearshore rockfish complex</ENT>
                            <ENT>2,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Deeper nearshore rockfish complex</ENT>
                            <ENT>2,000 lb/2 months, of which no more than 75 lb may be copper rockfish.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Other flatfish complex</ENT>
                            <ENT>20,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Shelf rockfish complex (40°10′ N lat.-34° 27′ N lat.); excludes bronzespotted rockfish</ENT>
                            <ENT>8,000 lb per 2 months, of which no more than 500 lb may be vermilion/sunset rockfish.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>6. Amend table 3a (North), to part 660, subpart F by revising the entry for “42°00′ N lat.-40°10′ N lat.” to read as follows:</AMDPAR>
                    <GPOTABLE COLS="2" OPTS="L1,nj,i1" CDEF="s100,r100">
                        <TTITLE>
                            Table 3
                            <E T="01">a</E>
                             (North) to Part 660, Subpart F—Non-Trawl Rockfish Conservation Area Boundaries
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Latitude</CHED>
                            <CHED H="1">Boundary</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">42°00′ N lat.-40°10′ N lat.</ENT>
                            <ENT>30 fm line-75 fm line.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>7. Amend table 3b (North) to part 660, subpart F by:</AMDPAR>
                    <AMDPAR>a. Revising the entries for “Black rockfish (42°00′ N lat.-40°10′ N lat.)”, “Cabezon (42°00′ N lat.-40°10′ N lat.)”, “Lingcod (42°00′ N lat.-40°10′ N lat.)”, and “Nearshore rockfish complex (42°00′ N lat.-40°10′ N lat.)”; and</AMDPAR>
                    <AMDPAR>b. Removing the entries for “Other flatfish complex (north of 42°00′ N lat.)” and “Other flatfish complex (42°00′ N lat.-40°10′ N lat.)” and adding the entry “Other flatfish complex” in their place.</AMDPAR>
                    <P>The revisions and addition read as follows:</P>
                    <GPOTABLE COLS="2" OPTS="L1,nj,i1" CDEF="s100,r100">
                        <TTITLE>
                            Table 3
                            <E T="01">b</E>
                             (North) to Part 660, Subpart F—Trip Limits for Open Access North of 40°10′ N Lat.
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Species</CHED>
                            <CHED H="1">Trip limit</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Black rockfish (42°00′ N lat.-40°10′ N lat.)</ENT>
                            <ENT>7,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Cabezon (42°00′ N lat.-40°10′ N lat.)</ENT>
                            <ENT>Unlimited.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lingcod (42°00′ N lat.-40°10′ N lat.)</ENT>
                            <ENT>2,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Nearshore rockfish complex (42°00′ N lat.-40°10′ N lat.)</ENT>
                            <ENT>2,000 lb/2 months, of which no more than 75 lb may be copper rockfish.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Other flatfish complex</ENT>
                            <ENT>10,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>8. Amend table 3a (South) to part 660, subpart F by:</AMDPAR>
                    <AMDPAR>a. Removing the entries for “40°10′ N lat.-37°07′ N lat.” and “37°07′ N lat.-34°27′ N lat.”; and</AMDPAR>
                    <AMDPAR>b. Adding the entries “40°10′ N lat.-38° 57.5′ N lat.” and “38°57.5′ N lat.-34°27′ N lat.” at the beginning of the table.</AMDPAR>
                    <P>
                        The additions read as follows:
                        <PRTPAGE P="45005"/>
                    </P>
                    <GPOTABLE COLS="2" OPTS="L1,nj,i1" CDEF="s100,r100">
                        <TTITLE>
                            Table 3
                            <E T="01">a</E>
                             (South) to Part 660, Subpart F—Non-Trawl Rockfish Conservation Area Boundaries
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Latitude</CHED>
                            <CHED H="1">Boundary</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">40°10′ N lat.-38°57.5′ N lat.</ENT>
                            <ENT>40 fm line-75 fm line.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">38°57.5′ N lat.-34°27′ N lat.</ENT>
                            <ENT>50 fm line-75 fm line.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>9. Amend table 3b (South) to part 660, subpart F by:</AMDPAR>
                    <AMDPAR>a. Removing the entries for “Cabezon (40°10′ N lat.-37°07′ N lat.)” and “Cabezon (south of 37°07′ N lat.)” and adding the entry “Cabezon” in their place;</AMDPAR>
                    <AMDPAR>b. Removing the entries for “Lingcod (40°10′ N lat.-37°07′ N lat.)” and “Lingcod (south of 37°07′ N lat.)” and adding the entry “Lingcod (south of 40°10′ N lat.)” in their place;</AMDPAR>
                    <AMDPAR>c. Removing the entries for “Shallow nearshore rockfish (40°10′ N lat.-37° 07′ N lat.)” and “Shallow nearshore rockfish complex (south of 37°07′ N lat.)” and adding the entry “Shallow nearshore rockfish (south of 40°10′ N lat.)” in their place;</AMDPAR>
                    <AMDPAR>d. Removing the entries for “Deeper nearshore rockfish (40°10′ N lat.-37° 07′ N lat.)” and “Deeper nearshore rockfish (south of 37°07′ N lat.)” and adding the entry “Deeper nearshore rockfish (south of 40°10′ N lat.)” in their place;</AMDPAR>
                    <AMDPAR>e. Removing the entries for “Other flatfish complex (defined at § 660.11) (40°10′ N lat.-37°07′ N lat.)” and “Other flatfish complex (defined at § 660.11) (South of 37°07′ N lat.)” and adding the entry “Other flatfish complex (defined at § 660.11)” in their place; and</AMDPAR>
                    <AMDPAR>f. Removing the entries for “Shelf rockfish complex (40°10′ N lat.-37°07′ N lat.); excludes bronzespotted rockfish” and “Shelf rockfish complex (37°07′ N lat.-34°27′ N lat.); excludes bronzespotted rockfish” and adding the entry “Shelf rockfish complex (40°10′ N lat.-34°27′ N lat.); excludes bronzespotted rockfish” in their place.</AMDPAR>
                    <P>The additions read as follows:</P>
                    <GPOTABLE COLS="2" OPTS="L1,nj,i1" CDEF="s100,r100">
                        <TTITLE>
                            Table 3
                            <E T="01">b</E>
                             (South) to Part 660, Subpart F—Trip Limits for Open Access South of 40°10′ N Lat.
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Species</CHED>
                            <CHED H="1">Trip limit</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Cabezon</ENT>
                            <ENT>Unlimited.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lingcod (south of 40°10′ N lat.)</ENT>
                            <ENT>1,400 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Shallow nearshore rockfish (south of 40°10′ N lat.)</ENT>
                            <ENT>2,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Deeper nearshore rockfish (south of 40°10′ N lat.)</ENT>
                            <ENT>2,000 lb/2 months, of which no more than 75 lb may be copper rockfish.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Other flatfish complex (defined at § 660.11)</ENT>
                            <ENT>10,000 lb/2 months.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Shelf rockfish complex (40°10′ N lat.-34°27′ N lat.); excludes bronzespotted rockfish</ENT>
                            <ENT>4,000 lb per 2 months, of which no more than 300 lb may be vermilion/sunset rockfish.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="660">
                    <AMDPAR>
                        10. In § 660.360, revise paragraphs (c)(3)(i)(A) introductory text, (c)(3)(i)(A)(
                        <E T="03">1</E>
                        ) through (
                        <E T="03">4</E>
                        ), (c)(3)(ii)(A)(
                        <E T="03">1</E>
                        ) through (
                        <E T="03">4</E>
                        ), and (c)(3)(iii)(A)(
                        <E T="03">1</E>
                        ) through (
                        <E T="03">4</E>
                        ) to read as follows:
                    </AMDPAR>
                    <SECTION>
                        <SECTNO>§ 660.360 </SECTNO>
                        <SUBJECT>Recreational fishery—management measures.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(3) * * *</P>
                        <P>(i) * * *</P>
                        <P>
                            (A) 
                            <E T="03">Recreational rockfish conservation areas.</E>
                             The Recreational RCAs are areas that are closed to recreational fishing for certain groundfish. Fishing for the California rockfish, cabezon, greenling complex (RCG Complex), as defined in paragraph (c)(3)(ii) of this section, and lingcod with recreational gear, is prohibited within the Recreational RCA. It is unlawful to take and retain, possess, or land the RCG Complex and lingcod taken with recreational gear within the Recreational RCA, unless otherwise authorized in this section. A vessel fishing in the Recreational RCA may not be in possession of any species prohibited by the restrictions that apply within the Recreational RCA. For example, if a vessel fishes in the recreational salmon fishery within the Recreational RCA, the vessel cannot be in possession of the RCG Complex and lingcod while in the Recreational RCA. The vessel may, however, on the same trip fish for and retain rockfish shoreward of the Recreational RCA on the return trip to port. If the season is closed for a species or species group, fishing for that species or species group is prohibited both within the Recreational RCA and outside of the Recreational RCA, unless otherwise authorized in this section. In times and areas where a Recreational RCA is in place, vessels may stop, anchor in, or transit through waters closed by the Recreational RCA so long as they do not have any hook-and-line fishing gear in the water. Coordinates approximating boundary lines at the 30 fm (55 m) through 100 fm (183 m) depth contours can be found at §§ 660.71 through 
                            <PRTPAGE P="45006"/>
                            660.73. The recreational fishing season structure and RCA depth boundaries seaward of California by management area and month are as follows:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Between 42° N lat. (California/Oregon border) and 40°10′ N lat. (Northern Management Area), recreational fishing for the RCG Complex and lingcod is closed January 1 through March 31 and is open at all-depths from April 1 through December 31.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Between 40°10′ N lat. and 38°57.50′ N lat. (Mendocino Management Area), recreational fishing for the RCG Complex and lingcod is closed from January 1 through March 31 and is open at all-depths from April 1 through December 31.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Between 38°57.50′ N lat. and 37°11′ N lat. (San Francisco Management Area), recreational fishing for the RCG Complex and lingcod is closed from January 1 through March 31 and is open at all-depths from April 1 through December 31. Closures around Cordell Bank (see paragraph (c)(3)(i)(C) of this section) also apply in this area.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Between 37°11′ N lat. and 34°27′ N lat. (Central Management Area), recreational fishing for the RCG Complex and lingcod is closed from January 1 through March 31 and is open at all-depths from April 1 through December 31.
                        </P>
                        <STARS/>
                        <P>(ii) * * *</P>
                        <P>(A) * * *</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Between 42° N lat. (California/Oregon border) and 40°10′ N lat. (Northern Management Area), recreational fishing for the RCG Complex is closed from January 1 through March 31 and is open April 1 through December 31.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Between 40°10′ N lat. and 38°57.50′ N lat. (Mendocino Management Area), recreational fishing for the RCG Complex is closed from January 1 through March 31 and is open April 1 through December 31.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Between 38°57.50′ N lat. and 37°11′ N lat. (San Francisco Management Area), recreational fishing for the RCG Complex is closed from January 1 through March 31 and is open April 1 through December 31.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Between 37°11′ N lat. and 34°27′ N lat. (Central Management Area), recreational fishing for the RCG Complex is closed from January 1 through March 31 and is open April 1 through December 31.
                        </P>
                        <STARS/>
                        <P>(iii) * * *</P>
                        <P>(A) * * *</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Between 42° N lat. (California/Oregon border) and 40°10′ N lat. (Northern Management Area), recreational fishing for lingcod is open from April 1 through December 31 (
                            <E T="03">i.e.,</E>
                             recreational fishing for lingcod in the EEZ is closed from January 1 through March 31).
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Between 40°10′ N lat. and 38°57.50′ N lat. (Mendocino Management Area), recreational fishing for lingcod is open from April 1 through December 31 (
                            <E T="03">i.e.,</E>
                             recreational fishing for lingcod in the EEZ is closed from January 1 through March 31).
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Between 38°57.50′ N lat. and 37°11′ N lat. (San Francisco Management Area), recreational fishing for lingcod is open from April 1 through December 31 (
                            <E T="03">i.e.,</E>
                             recreational fishing for lingcod in the EEZ is closed from January 1 through March 31).
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Between 37°11′ N lat. and 34°27′ N lat. (Central Management Area), recreational fishing for lingcod in the EEZ is open from April 1 through December 31 (
                            <E T="03">i.e.,</E>
                             recreational fishing for lingcod in the EEZ is closed from January 1 through March 31).
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18079 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </RULE>
    </RULES>
    <VOL>90</VOL>
    <NO>179</NO>
    <DATE>Thursday, September 18, 2025</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <PRORULES>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="45007"/>
                <AGENCY TYPE="F">COMMODITY FUTURES TRADING COMMISSION</AGENCY>
                <CFR>17 CFR Parts 37 and 38</CFR>
                <RIN>RIN 3038-AF29</RIN>
                <SUBJECT>Requirements for Designated Contract Markets and Swap Execution Facilities Regarding Governance and the Mitigation of Conflicts of Interest Impacting Market Regulation Functions; Withdrawal of Proposed Regulatory Action</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Commodity Futures Trading Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of withdrawal of proposed rules.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Commodity Futures Trading Commission (“Commission” or “CFTC”) is formally withdrawing a notice of proposed rulemaking published on March 19, 2024, titled “Requirements for Designated Contract Markets and Swap Execution Facilities Regarding Governance and the Mitigation of Conflicts of Interest Impacting Market Regulation Functions.”</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Commission is withdrawing the proposed rules published at 89 FR 19646 (March 19, 2024) as of September 15, 2025.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Rahul Varma, Acting Director, (202) 418-5353, 
                        <E T="03">rvarma@cftc.gov,</E>
                         Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On March 19, 2024, the Commission published a notice of proposed rulemaking in the 
                    <E T="04">Federal Register</E>
                     proposing new rules and amendments to its existing regulations for designated contract markets (“DCMs”) and swap execution facilities (“SEFs”) that would establish governance and fitness requirements with respect to market regulation functions, as well as related conflict of interest standards.
                    <SU>1</SU>
                    <FTREF/>
                     The proposed new rules and amendments included minimum fitness standards; requirements for identifying, managing, and resolving conflicts of interest; and structural governance requirements with respect to SEF and DCM governing bodies. On April 25, 2024, the Commission published a release in the 
                    <E T="04">Federal Register</E>
                     which extended the comment period for the proposal to May 13, 2024.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Requirements for Designated Contract Markets and Swap Execution Facilities Regarding Governance and the Mitigation of Conflicts of Interest Impacting Market Regulation Functions, 89 FR 19646 (Mar. 19, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         89 FR 31669 (May 13, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Withdrawal of Proposed Rules</HD>
                <P>The Commission is withdrawing the proposal to reconsider how the proposed rules would work given recent changes to the industry and evolving market structures. Many SEFs and DCMs are part of larger corporate organizations that have already implemented governance standards and requirements for conflicts of interest that would also apply to market regulation functions. Thus, the Commission no longer intends to issue final rules with respect to the proposal. If the Commission decides to pursue future regulatory action in this area, it will do so by publishing new proposed rules or other issuance consistent with the requirements of the Administrative Procedure Act, as applicable.</P>
                <HD SOURCE="HD1">Executive Order 12866</HD>
                <P>The Office of Management and Budget has determined that this action is not a significant regulatory action as defined in Executive Order 12866, as amended, and therefore it was not subject to Executive Order 12866 review.</P>
                <SIG>
                    <DATED>Issued in Washington, DC, on September 16, 2025, by the Commission.</DATED>
                    <NAME>Robert Sidman,</NAME>
                    <TITLE>Deputy Secretary of the Commission.</TITLE>
                </SIG>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P> The following appendix will not appear in the Code of Federal Regulations.</P>
                </NOTE>
                <HD SOURCE="HD1">Appendix to Withdrawal of Commission Guidance—Commission Voting Summary</HD>
                <EXTRACT>
                    <P>On this matter, Acting Chairman Pham voted in the affirmative. No Commissioner voted in the negative.</P>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18070 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6351-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Parts 80 and 1090</CFR>
                <DEPDOC>[EPA-HQ-OAR-2024-0505; FRL-11947-03-OAR]</DEPDOC>
                <RIN>RIN 2060-AW23</RIN>
                <SUBJECT>Renewable Fuel Standard (RFS) Program: Standards for 2026 and 2027, Partial Waiver of 2025 Cellulosic Biofuel Volume Requirement, and Other Changes; Supplemental Notice of Proposed Rulemaking</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Supplemental proposed rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On June 17, 2025, the U.S. Environmental Protection Agency (EPA) proposed volumes and percentage standards for four categories of renewable fuel that would apply to obligated parties in 2026 and 2027 under the Renewable Fuel Standard (RFS) program. On August 22, 2025, the EPA issued decisions on 175 small refinery exemption (SRE) petitions under the RFS program. This supplemental proposal takes into consideration the expected impacts of the SRE decisions issued. Based on this information, the EPA is co-proposing additional volumes in 2026 and 2027 representing complete (100 percent) reallocation and 50 percent reallocation for SREs granted in full or in part for 2023 and 2024, as well as those projected to be granted for 2025, as part of the ongoing RFS rulemaking. The EPA is also providing more information on its projection of SREs to inform the calculation of the 2026 and 2027 percentage standards.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P/>
                    <P>
                        <E T="03">Comments.</E>
                         Comments must be received on or before October 31, 2025.
                    </P>
                    <P>
                        <E T="03">Public hearing:</E>
                         The EPA will hold a virtual public hearing on October 1, 2025. Please refer to the 
                        <E T="02">
                            SUPPLEMENTARY 
                            <PRTPAGE P="45008"/>
                            INFORMATION
                        </E>
                         section for additional information on the public hearing.
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Comments.</E>
                         Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2024-0505, at 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. Do not submit to the EPA's docket at 
                        <E T="03">https://www.regulations.gov</E>
                         any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (
                        <E T="03">i.e.,</E>
                         on the web, cloud, or other file sharing system). Please visit 
                        <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets</E>
                         for additional submission methods; the full EPA public comment policy; information about CBI or multimedia submissions; and general guidance on making effective comments.
                    </P>
                    <P>
                        <E T="03">Public hearing.</E>
                         The virtual public hearing will be held on October 1, 2025. The hearing will begin at 9:00 a.m. Eastern Standard Time (EST) and end when all parties who wish to speak have had an opportunity to do so. All hearing attendees (including even those who do not intend to provide testimony) should register for the virtual public hearing by September 24, 2025. Information on how to register can be found at 
                        <E T="03">https://www.epa.gov/renewable-fuel-standard-program/proposed-renewable-fuel-standards-2026-and-2027-supplemental-notice.</E>
                         Additional information regarding the hearing appears below under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For information about this supplemental proposed rule, contact Dallas Burkholder, Assessment and Standards Division, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4766; email address: 
                        <E T="03">RFS-Rulemakings@epa.gov.</E>
                         For questions regarding the public hearing, contact Nick Parsons at 
                        <E T="03">RFS-Hearing@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Does this action apply to me?</E>
                     Entities potentially affected by this action are those involved with the production, distribution, and sale of transportation fuels (
                    <E T="03">e.g.,</E>
                     gasoline and diesel fuel) and renewable fuels (
                    <E T="03">e.g.,</E>
                     ethanol, biodiesel, renewable diesel, and biogas). Potentially affected categories include:
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s50,10,r150">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Category</CHED>
                        <CHED H="1">
                            NAICS 
                            <SU>a</SU>
                            <LI>codes</LI>
                        </CHED>
                        <CHED H="1">Examples of potentially affected entities</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>111110</ENT>
                        <ENT>Soybean farming.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>111150</ENT>
                        <ENT>Corn farming.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>112111</ENT>
                        <ENT>Cattle farming or ranching.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>112210</ENT>
                        <ENT>Swine, hog, and pig farming.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>211130</ENT>
                        <ENT>Natural gas liquids extraction and fractionation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>221210</ENT>
                        <ENT>Natural gas production and distribution.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>324110</ENT>
                        <ENT>Petroleum refineries (including importers).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>325120</ENT>
                        <ENT>
                            Biogases, industrial (
                            <E T="03">i.e.,</E>
                             compressed, liquified, solid), manufacturing.
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>325193</ENT>
                        <ENT>Ethyl alcohol manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>325199</ENT>
                        <ENT>Other basic organic chemical manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>424690</ENT>
                        <ENT>Chemical and allied products merchant wholesalers.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>424710</ENT>
                        <ENT>Petroleum bulk stations and terminals.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>424720</ENT>
                        <ENT>Petroleum and petroleum products wholesalers.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>457210</ENT>
                        <ENT>Fuel dealers.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Industry</ENT>
                        <ENT>562212</ENT>
                        <ENT>Landfills.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         North American Industry Classification System (NAICS).
                    </TNOTE>
                </GPOTABLE>
                <P>
                    This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities potentially affected by this action. This table lists the types of entities that the EPA is currently aware could potentially be affected by this action. Other types of entities not listed in the table could also be affected. To determine whether your entity would be affected by this action, you should carefully examine the applicability criteria in 40 CFR part 80. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section.
                </P>
                <P>
                    <E T="03">Participation in virtual public hearing.</E>
                     Information on how to register for the virtual public hearing can be found at 
                    <E T="03">https://www.epa.gov/renewable-fuel-standard-program/proposed-renewable-fuel-standards-2026-and-2027-supplemental-notice.</E>
                     The last day to pre-register to speak at the hearing is September 29, 2025. Please note that any updates made to any aspect of the hearing will be posted online at 
                    <E T="03">https://www.epa.gov/renewable-fuel-standard-program/proposed-renewable-fuel-standards-2026-and-2027-supplemental-notice.</E>
                     While the EPA expects the hearing to go forward as set forth above, please monitor the website or contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section to determine if there are any updates. The EPA does not intend to publish a document in the 
                    <E T="04">Federal Register</E>
                     announcing updates.
                </P>
                <P>Subject to the number of signups and time constraints, the EPA intends that each participant will have three minutes to provide oral testimony. The EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing.</P>
                <P>If you require the services of a translator or special accommodations such as audio description, please pre-register for the hearing and describe your needs by September 29, 2025. The EPA may not be able to arrange accommodations without advance notice.</P>
                <P>
                    <E T="03">Preamble acronyms and abbreviations.</E>
                     Throughout this document the use of “we,” “us,” or “our” is intended to refer to the EPA. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this 
                    <PRTPAGE P="45009"/>
                    preamble and for reference purposes, the EPA defines the following terms and acronyms here:
                </P>
                <EXTRACT>
                    <FP SOURCE="FP-1">AEO Annual Energy Outlook</FP>
                    <FP SOURCE="FP-1">BBD biomass-based diesel</FP>
                    <FP SOURCE="FP-1">CAA Clean Air Act</FP>
                    <FP SOURCE="FP-1">EIA Energy Information Administration</FP>
                    <FP SOURCE="FP-1">EMTS EPA Moderated Transaction System</FP>
                    <FP SOURCE="FP-1">RFS Renewable Fuel Standard</FP>
                    <FP SOURCE="FP-1">RIN Renewable Identification Number</FP>
                    <FP SOURCE="FP-1">RVO Renewable Volume Obligation</FP>
                    <FP SOURCE="FP-1">SRE small refinery exemption</FP>
                </EXTRACT>
                <P>
                    <E T="03">Organization of this document.</E>
                     The information in this preamble is organized as follows:
                </P>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Executive Summary</FP>
                    <FP SOURCE="FP-2">II. Background and Policy Rationale</FP>
                    <FP SOURCE="FP-2">III. Legal Justification</FP>
                    <FP SOURCE="FP-2">IV. Proposed SRE Reallocation Volumes</FP>
                    <FP SOURCE="FP-2">V. Revised Proposed Percentage Standards for 2026 and 2027</FP>
                    <FP SOURCE="FP-2">VI. Statutory Factor Analysis</FP>
                    <FP SOURCE="FP-2">VII. Severability</FP>
                    <FP SOURCE="FP-2">VIII. Statutory and Executive Order Reviews</FP>
                    <FP SOURCE="FP1-2">A. Executive Order 12866: Regulatory Planning and Review</FP>
                    <FP SOURCE="FP1-2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</FP>
                    <FP SOURCE="FP1-2">C. Paperwork Reduction Act (PRA)</FP>
                    <FP SOURCE="FP1-2">D. Regulatory Flexibility Act (RFA)</FP>
                    <FP SOURCE="FP1-2">E. Unfunded Mandates Reform Act (UMRA)</FP>
                    <FP SOURCE="FP1-2">F. Executive Order 13132: Federalism</FP>
                    <FP SOURCE="FP1-2">G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</FP>
                    <FP SOURCE="FP1-2">H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks</FP>
                    <FP SOURCE="FP1-2">I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</FP>
                    <FP SOURCE="FP1-2">J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51</FP>
                    <FP SOURCE="FP-2">IX. Statutory Authority</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Executive Summary</HD>
                <P>
                    On June 17, 2025, the EPA proposed the renewable fuel volumes under the RFS program for the 2026 and 2027 compliance years (the “Set 2 proposal”).
                    <SU>1</SU>
                    <FTREF/>
                     In that action, we proposed to account for SREs we projected granting for the 2026 and 2027 compliance years consistent with our regulations at 40 CFR 80.1405(c), using a projection of exempt gasoline and diesel. In the Set 2 proposal, we projected a range of exempted gasoline and diesel volumes from zero to 18 billion gallons, noting that the projection would be informed by the EPA's SRE policy.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         90 FR 25784 (June 17, 2025).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         90 FR 25833 (June 17, 2025).
                    </P>
                </FTNT>
                <P>
                    Many commenters on the Set 2 proposal indicated that the EPA's SRE policy will have a significant impact on the volumes the EPA proposed to establish and the Renewable Identification Number (RIN) market as a whole. Some parties stated that the impact of the 2026 and 2027 RFS standards would be affected not only by SREs granted for those years but also by SREs granted for previous years. These parties generally suggested that the EPA should adjust its projections of exempted gasoline and diesel to better account for SREs. On August 22, 2025, the EPA issued decisions on 175 SRE petitions, including 56 petitions for the 2023 and 2024 compliance years.
                    <SU>3</SU>
                    <FTREF/>
                     The August 2025 SRE Decisions Action exempted 11.4 billion gallons of gasoline and diesel produced by certain small refineries from incurring a Renewable Volume Obligation (RVO) for the 2023 and 2024 compliance years, resulting in 1.4 billion RINs no longer needing to be retired for compliance for these years. We anticipate that in the coming months we will also issue decisions on SRE petitions for the 2025 compliance year. While we have not yet taken action on SRE petitions for the 2025 compliance year, we project based on the information currently available to the Agency that obligations equal to 780 million RINs will be exempted for this year. Therefore, we project that a total of 2.18 billion RINs will not need to be retired as a result of SREs for 2023-2025.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         EPA, “August 2025 Decisions on Petitions for RFS Small Refinery Exemptions,” EPA-420-R-25-010, August 2025 (“August 2025 SRE Decisions Action”).
                    </P>
                </FTNT>
                <P>Considering this additional information, and to give all stakeholders an opportunity to comment on potential changes to the proposed standards to account for SREs, we are issuing this supplemental proposal. Specifically, the EPA is proposing to add a new “SRE reallocation volume” term in the percentage standard equations for 2026 and 2027 that, taken together, would account for the 2023-2025 exempted RVOs. In addition, we are revising our proposed percentage standards for 2026 and 2027 to include both the proposed SRE reallocation volumes and a better-informed projection of exempted gasoline and diesel for 2026 and 2027.</P>
                <P>This proposal describes the EPA's authority to consider the impact of 2023-2025 SRE decisions when establishing the RFS standards for 2026 and 2027, the SRE reallocation volumes we are proposing to add to the previously proposed applicable volumes for 2026 and 2027, how the statutory factors were considered, and the methodology used to calculate the revised proposed percentage standards for 2026 and 2027.</P>
                <P>
                    The EPA is co-proposing two approaches: (1) additional volume accounting for 100 percent of the 2023-2025 exempted RVOs (
                    <E T="03">i.e.,</E>
                     2.18 billion RINs); and (2) additional volume accounting for 50 percent of the of the 2023-2025 exempted RVOs (
                    <E T="03">i.e.,</E>
                     1.09 billion RINs). Additionally, the EPA is taking comment on SRE reallocation volumes equal to other amounts (
                    <E T="03">e.g.,</E>
                     25 or 75 percent of the 2023-2025 exempted RVOs), as well as not accounting for any exempted 2023-2025 RVOs (
                    <E T="03">i.e.,</E>
                     no SRE reallocation volumes).
                </P>
                <P>
                    Finally, to better inform stakeholders in providing comments on this supplemental proposal, we are providing updated estimates of the volumes of gasoline and diesel that we project will be exempted from RFS obligations in 2026 and 2027. Based on the percentage standards equations in the existing RFS regulations, these volumes are taken into account when establishing the annual percentage standards. We project that exempted volumes of gasoline and diesel in 2026 and 2027 will be 5.95 billion gallons each year.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         For the final rule, we intend to update our projection using the most recent available data, which may include actual decisions on 2025 SRE petitions.
                    </P>
                </FTNT>
                <P>Commenters should limit their comments to the data and information presented in this supplemental proposal and the associated proposed SRE reallocation volumes. Comments on the Set 2 proposal were due on or before August 8, 2025, and the EPA intends to respond to comments received after that date only if they are within the scope of this supplemental proposal.</P>
                <HD SOURCE="HD1">II. Background and Policy Rationale</HD>
                <P>In the Set 2 proposal, the EPA proposed applicable volumes for 2026 and 2027 based on an analysis of the statutory factors and a review of implementation of the program to date. While acknowledging the existence of compliance flexibilities in the RFS program, such as the ability to use carryover RINs and to carry forward a compliance deficit into the subsequent year, we projected that the proposed volumes could be met with renewable fuel produced and used in 2026 and 2027. Our analysis of the statutory factors assessed the proposed 2026 and 2027 volumes and the impacts of the production and use of those volumes.</P>
                <P>
                    At the time of the Set 2 proposal, the EPA had not yet determined its SRE policy. On August 22, 2025, the EPA issued decisions on 175 SRE petitions in the August 2025 SRE Decisions Action, 
                    <PRTPAGE P="45010"/>
                    in which the EPA granted full (100 percent) exemptions to 63 petitions, granted partial (50 percent) exemptions to 77 petitions, denied 28 petitions, and determined seven petitions to be ineligible. The EPA made these decisions based on a consistent policy approach across all SRE petitions under consideration, and we intend to use this same approach going forward.
                </P>
                <P>
                    In this action, we are proposing to revise the percentage standards equations for 2026 and 2027 to add a new volume we refer to as the “SRE reallocation volume,” which would account for the 2023-2025 exempted RVOs. Specifically, we are co-proposing SRE reallocation volumes that would account for 100 percent or 50 percent of the exemptions granted for: (1) the 2023 and 2024 compliance years in the August 2025 SRE Decisions Action; and (2) a projection of exemptions expected to be granted for the 2025 compliance year.
                    <SU>5</SU>
                    <FTREF/>
                     The SRE reallocation volumes would correspond to statutory categories of renewable fuel (cellulosic biofuel, advanced biofuel, biomass-based diesel, and renewable fuel), such that there would be four SRE reallocated volumes for each year. Each SRE reallocated volume would then be added to the proposed volume requirement in the Set 2 proposal and the sum of the volumes for each year would be used to calculate the percentage standards for 2026 and 2027, as discussed further in Section V of this preamble. We propose to divide the exempt volume across two years to lessen the disruption to the market and the burden on obligated parties.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The exact proposed SRE reallocation volumes for 2026 and 2027 are described in Section IV of this preamble.
                    </P>
                </FTNT>
                <P>The August 2025 SRE Decisions Action exempted significant volumes of gasoline and diesel for the 2023 and 2024 compliance years, resulting in an increased number of RINs available for obligated parties to use for compliance with their RFS obligations. We expect additional exemptions will be granted for the 2025 compliance year as well. These RINs represent renewable fuel produced and used in 2023-2025 that obligated parties will no longer need to retire for compliance because of the relieved obligations from SRE exemptions. The availability of these RINs—and the ability for obligated parties to use them to comply with their RFS obligations in lieu of RINs generated for renewable fuel produced and used in 2026 and 2027—could reduce RIN demand and RIN prices in future years and may ultimately result in the market failing to produce the volume of renewable fuel anticipated by the volume requirements in the Set 2 proposal.</P>
                <P>
                    The impacts of the exemptions granted in the August 2025 SRE Decisions Action on the RIN market are as follows.
                    <SU>6</SU>
                    <FTREF/>
                     For the 2023 and 2024 compliance years, 1.4 billion RINs no longer need to be retired for compliance. While the exemptions granted for these years have no impact on the volume of renewable fuel actually produced and used in 2023 and 2024 since those years are in the past, they directly increase the supply of RINs available for other obligated parties to use for compliance. As a result, obligated parties will be able to use the RFS program's carryover RIN provisions to roll these RINs forward to the 2025 compliance year and beyond.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         The RIN volumes and exemptions discussed in this section are limited to the SRE decisions the EPA issued as of the time of this proposal (
                        <E T="03">i.e.,</E>
                         those in the August 2025 SRE Decisions Action), which did not include the 2025 compliance year. However, as discussed in Section IV of this preamble, we are also projecting exempted volumes for 2025 as part of determining the proposed SRE reallocation volumes for 2026 and 2027. Thus, the actual effect of SREs for 2023-2025 will be greater than described in this section.
                    </P>
                </FTNT>
                <P>CAA section 211(o)(5) requires that the EPA establish a credit program as part of its RFS regulations and that the credits be valid for obligated parties to show compliance for 12 months after the date of generation. The EPA implemented this requirement through the use of RINs, which can be used to demonstrate compliance for the year in which they are generated and the subsequent compliance year. Obligated parties can obtain more RINs than needed in a given compliance year, allowing them to carry over these RINs for use in the subsequent compliance year, although the RFS regulations limit the use of these carryover RINs to 20 percent of the obligated party's RVO. For the total number of available carryover RINs to be preserved from one year to the next, individual carryover RINs are used for compliance before they expire and are replaced with newer vintage RINs that are then held for use in the next year. For example, 2023 carryover RINs must be used for compliance in 2024, or they will expire. However, the use of 2023 RINs to meet up to 20 percent of an obligated party's 2024 RVO increases the number of 2024 RINs that can then be carried over for use in 2025.</P>
                <P>While there may be some impact from the increased number of carryover RINs as a result of the 2023-2025 SREs on renewable fuel production and use in 2025, only a few months remain in this year. Instead, the effect of these RINs is likely to be most acute in 2026 and 2027 when obligated parties could choose to use carryover RINs to comply with their 2026 and 2027 RVOs in lieu of acquiring renewable fuel produced in those years, thereby reducing the demand for renewable fuel production and use in those years. Thus, failure to mitigate the market impacts of the increased number of carryover RINs due to the 2023-2025 SREs could result in a decrease in demand for renewable fuel produced in 2026 and 2027. This magnitude of carryover RINs has the potential to depress RIN prices due to a significant oversupply of RINs.</P>
                <P>
                    While significant quantities of carryover RINs can negatively impact the production and use of renewable fuels, carryover RINs also play an important role in providing a liquid and well-functioning RIN market, as the EPA has stated on multiple occasions.
                    <SU>7</SU>
                    <FTREF/>
                     The continued success of the RFS program depends on the RIN market. Carryover RINs provide obligated parties compliance flexibility for substantial uncertainties in the transportation fuel marketplace. In the August 2025 SRE Decisions Action, the EPA granted SREs for multiple years at a single time representing significant volumes after the volume requirements for those years had been established and actual production for those years had concluded. The resulting influx of additional RINs in the market could have a deleterious effect on current and proposed volume requirements without corrective action to address the increased number of carryover RINs due to the 2023-2025 SREs.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         See, 
                        <E T="03">e.g.,</E>
                         90 FR 25784, 25827 (June 17, 2025). See also, 
                        <E T="03">e.g.,</E>
                         88 FR 44468, 44494 (July 12, 2023), 87 FR 39600, 39613 (July 1, 2022), 85 FR 7016, 7021 (February 6, 2020), 83 FR 63704, 63708-10 (December 11, 2018), 82 FR 58486, 58493-95 (December 12, 2017), 81 FR 89746, 89754-55 (December 12, 2016), 80 FR 77420, 77482-87 (December 14, 2015).
                    </P>
                </FTNT>
                <P>
                    We also note that, as described in the Set 2 proposal (and before considering the effects of the 2023-2025 exemptions), while there are approximately 1.2 billion carryover RINs available for use in 2024, this number is effectively reduced to zero after accounting for deficits carried forward from 2023 into 2024.
                    <SU>8</SU>
                    <FTREF/>
                     Because 
                    <PRTPAGE P="45011"/>
                    of the limited number of carryover RINs available, it may not be necessary or appropriate to propose SRE reallocation volumes for 2026 and 2027 equal to the full magnitude of the 2023-2025 exemptions to maintain the intended renewable fuel use in 2026 and 2027. Obligated parties with carryover RINs can choose to hold these RINs for use in future years or use them towards their compliance obligations. Obligated parties holding few or no carryover RINs may have an incentive to hold any carryover RINs attributable to 2023-2025 SREs as a compliance flexibility for future years rather than using them towards their 2026 or 2027 compliance obligations. If obligated parties hold, rather than use, these carryover RINs, we expect a much smaller impact, and potentially even no impact, on the RIN and renewable fuel markets. We are therefore co-proposing SRE reallocation volumes for 2026 and 2027 equal to 50 percent of the 2023-2025 exempted RVOs. We also request comment on SRE reallocation volumes for 2026 and 2027 equal to other amounts (
                    <E T="03">e.g.,</E>
                     25 or 75 percent of the 2023-2025 exempted RVOs), as well as not accounting for any exempted 2023-2025 RVOs (
                    <E T="03">i.e.,</E>
                     no SRE reallocation volumes).
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         EPA, “RFS Program Standards for 2026 and 2027: Draft Regulatory Impact Analysis,” EPA-420-D-25-001, June 2025 (“Set 2 DRIA”), Chapter 1.8. We also note that the number of available 2024 RINs (approximately 23.6 billion) is about 1.3 billion RINs greater than the volume target for 2025 (22.33 billion RINs). This suggests that the number of carryover RINs available for use in 2025 will be higher than the number of carryover RINs available for use in 2024, even before accounting for the impacts of the August 2025 SRE Decisions Action. Information on available RINs can be found at: 
                        <E T="03">https://www.epa.gov/fuels-registration-reporting-and-compliance-help/available-rins.</E>
                    </P>
                </FTNT>
                <P>
                    Notably, we are not proposing to account for any exemptions granted for compliance years prior to 2023. Pre-2023 vintage RINs that were returned to small refineries that received an exemption for these years in the August 2025 SRE Decisions Action are expired and can only be used to satisfy outstanding, non-exempted pre-2023 obligations by the small refinery. As of the date of this proposal, and at the time the exemptions were granted in the August 2025 SRE Decisions Action, RFS compliance has not yet occurred for 2024 or 2025. Thus, 2023 and newer vintage RINs remain valid for RFS compliance and have value within the RIN market. In contrast, 2022 and older RINs are expired and thus cannot be used for compliance with 2024 or later RFS obligations.
                    <SU>9</SU>
                    <FTREF/>
                     Therefore, we are proposing SRE reallocation volumes for 2026 and 2027 that only account for the 2023-2025 exemptions (
                    <E T="03">i.e.,</E>
                     the vintage RIN that can still be used for RFS compliance in ways that may impact the production and use of renewable fuels in 2026 and 2027). Obligated parties can use 2023 RINs to satisfy up to 20 percent of their 2024 obligations, 2024 RINs to satisfy their 2024 or up to 20 percent of their 2025 obligations, and 2025 RINs to satisfy their 2025 or up to 20 percent of their 2026 obligations.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         40 CFR 80.1428(c).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">III. Legal Justification</HD>
                <P>
                    CAA section 211(o)(2)(B)(ii) directs the EPA to establish applicable volumes of renewable fuel for use as transportation fuel in the U.S. for years after those specified in the statutory tables. Under that provision, the Administrator shall, in coordination with the Secretary of Agriculture and Secretary of Energy, determine the applicable volume of each renewable fuel category, based on a review of implementation of the program and an analysis of statutory factors. Congress provided the EPA flexibility by enumerating factors that the Administrator must consider without mandating particular forms of analysis or specifying how the Administrator must weigh the various factors against one another. Thus, as the CAA “does not state what weight should be accorded to the relevant factors,” it “give[s] EPA considerable discretion to weigh and balance the various factors required by statute.” 
                    <SU>10</SU>
                    <FTREF/>
                     We are proposing to use this authority to consider the 2023-2025 exempted RVOs and establish RFS volumes for 2026 and 2027 that incorporate the SRE reallocation volumes discussed in this supplemental proposal.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">Ctr. for Biological Diversity</E>
                         v. 
                        <E T="03">EPA,</E>
                         141 F.4th 153, 171 (D.C. Cir. 2024); 
                        <E T="03">Sinclair Wyo. Ref. Co. LLC</E>
                         v. 
                        <E T="03">EPA,</E>
                         101 F.4th 871, 887 (D.C. Cir. 2023); see also 
                        <E T="03">Brown</E>
                         v. 
                        <E T="03">Watt,</E>
                         668 F.2d 1290, 1317 (D.C. Cir. 1981) (“A balancing of factors is not the same as treating all factors equally. The obligation instead is to look at all factors and then balance the results. The Act does not mandate any particular balance, but vests the [agency] with discretion to weigh the elements . . . .”).
                    </P>
                </FTNT>
                <P>
                    As discussed in the Set 2 proposal, there are also several conditions the EPA uses to determine volumes under CAA section 211(o)(2)(B).
                    <SU>11</SU>
                    <FTREF/>
                     First, CAA section 211(o)(2)(B)(iii) requires that the EPA set the volume such that the applicable volume of advanced biofuel is at least the same percentage of the applicable volume of renewable fuel as in calendar year 2022. As described further in the Set 2 proposal, the 2022 advanced biofuel volume is 27.3 percent of the total renewable fuel volume.
                    <SU>12</SU>
                    <FTREF/>
                     The SRE reallocation volumes proposed in this action, combined with the previously proposed volume requirements, exceed this 27.3 percent minimum, and thus satisfy this requirement for 2026 and 2027.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         90 FR 25784, 25790 (June 17, 2025).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         Id.
                    </P>
                </FTNT>
                <P>
                    Second, CAA section 211(o)(2)(B)(iv) requires that the EPA set the cellulosic biofuel standard based on the assumption that the Administrator will not need to waive the volume using the cellulosic waiver authority. The cellulosic waiver authority at CAA section 211(o)(7)(D) requires that the EPA reduce the cellulosic biofuel volume in circumstances where the projected volume of cellulosic biofuel production is less than the applicable volume. In these circumstances, the EPA must reduce the volume to the “projected volume available.” In the Set 2 proposal, we proposed cellulosic biofuel volumes at the “projected volume available” to satisfy the CAA section 211(o)(2)(B)(iv) condition.
                    <SU>13</SU>
                    <FTREF/>
                     While we are proposing additional cellulosic biofuel volumes in this action associated with the 2023-2025 exempted RVOs, we also note that comments on the Set 2 proposal suggested that the EPA's projection of cellulosic biofuel production for 2026 and 2027 was too low.
                    <SU>14</SU>
                    <FTREF/>
                     We recognize the D.C. Circuit's indication that the “projected volume available” excludes carryover RINs, and that any “projection of cellulosic biofuel production” would likely also exclude any carryover RINs.
                    <SU>15</SU>
                    <FTREF/>
                     Nevertheless, the newly available cellulosic carryover RINs from SREs, when combined with the proposed volumes for 2026 and 2027, result in volume requirements that we do not anticipate needing to waive given the availability of RINs in the market.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Id.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         See, 
                        <E T="03">e.g.,</E>
                         comments from RNG Coalition and National Waste &amp; Recycling Association (Docket Item No. EPA-HQ-OAR-2024-0505-0645) at 18; Waste Management (Docket Item No. EPA-HQ-OAR-2024-0505-0613) at 1; and American Biogas Council (Docket Item No. EPA-HQ-OAR-2024-0505-0604) at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">Sinclair,</E>
                         101 F.4th at 883-84.
                    </P>
                </FTNT>
                <P>Alternatively, given the statutory language in CAA section 211(o)(2)(B)(iv) prescribing how the EPA is to set cellulosic volumes, we request comment on whether the EPA has appropriately considered the 2023-2025 exempted cellulosic biofuel RVOs as part of our review of the implementation of the program, and whether, as part of that review, we should include all, some, or none of those volumes in the SRE reallocation volumes. The EPA further seeks comment on whether, if the EPA does not include the exempted cellulosic biofuel RVOs, we should consider reducing the advanced biofuel and total renewable fuel SRE reallocation volumes as part of our review of the implementation of the program given the nested nature of the standards.</P>
                <P>
                    Finally, CAA section 211(o)(2)(B)(v) requires that the biomass-based diesel (BBD) volume be greater than 1.0 billion gallons. The combined SRE reallocation volumes for BBD and the proposed applicable BBD volumes from the Set 2 
                    <PRTPAGE P="45012"/>
                    proposal together exceed the 1.0-billion-gallon requirement in 2026 and 2027, thus satisfying this requirement.
                </P>
                <HD SOURCE="HD1">IV. Proposed SRE Reallocation Volumes</HD>
                <P>
                    In this action, we are co-proposing to create new SRE reallocation volumes for 2026 and 2027 equivalent to the 2023-2025 exempted RVOs. We are also co-proposing SRE reallocation volumes for 2026 and 2027 equivalent to 50 percent of the exempted RVOs for these years and requesting comment on other SRE reallocation volumes for 2026 and 2027 equal to other amounts (
                    <E T="03">e.g.,</E>
                     25 or 75 percent of the 2023-2025 exempted RVOs), as well as not accounting for any exempted 2023-2025 RVOs (
                    <E T="03">i.e.,</E>
                     no SRE reallocation volumes). Since the EPA has issued decisions for all the 2023 and 2024 SRE petitions that were before the Agency, we are able to determine the actual exempted RVOs for the 2023 and 2024 compliance years as of this time. Specifically, we used information from the SRE petitions and the EPA Moderated Transaction System (EMTS) compliance data to calculate the total exempted gasoline and diesel volumes for 2023 and 2024. In turn, we used these exempted volumes, together with the previously established percentage standards for 2023 and 2024, to calculate the exempted RVOs for these years.
                </P>
                <P>
                    However, the EPA has not yet issued any SRE decisions for 2025. In order to develop a projection of the RVOs that will be exempted for 2025, we used data on the volumes of exempted gasoline and diesel for previous years. Consistent with the approach that the EPA first advanced in the 2020 RFS Rule (in which the EPA projected future exempted fuel volumes),
                    <SU>16</SU>
                    <FTREF/>
                     we believe it is appropriate to use average volumes of exempted gasoline and diesel over a three-year period as our projection of future exempted volumes of gasoline and diesel in 2025, rather than the volumes of gasoline and diesel that were exempted in any single year. This helps to average out the effects of unique events or market circumstances that occurred in individual years that may or may not occur in 2025, and thus serves as a better predictor of the volume of gasoline and diesel that will ultimately be exempted in 2025.
                    <SU>17</SU>
                    <FTREF/>
                     Thus, we used information from 2022-2024 SRE petitions to calculate the annual average volumes of exempted gasoline and diesel and used those volumes to represent our projection of the exempted volumes of gasoline and diesel in 2025, as shown in Table IV-1.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         85 FR 7016, 7051-53 (February 6, 2020). We note that while we projected exempted volumes of gasoline and diesel in the 2020 final rule, we later revised the 2020 percentage standards via rulemaking, including adjusting our projection of exempted volume from SREs. 87 FR 39600 (July 1, 2022) (“Reset Rule”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         84 FR 57677 (October 28, 2019); 85 FR 7016 (February 6, 2020).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         We intend to update our projections of exempted gasoline and diesel volumes in the final rule based on any additional SREs issued after this proposal.
                    </P>
                </FTNT>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,12,12,12">
                    <TTITLE>Table IV-1—Exempted Fuel Volumes for 2022-2025 Compliance Years</TTITLE>
                    <TDESC>[Billion gallons]</TDESC>
                    <BOXHD>
                        <CHED H="1">Compliance year</CHED>
                        <CHED H="1">Exempted fuel</CHED>
                        <CHED H="2">Gasoline</CHED>
                        <CHED H="2">Diesel</CHED>
                        <CHED H="2">Total</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">2022</ENT>
                        <ENT>3.55</ENT>
                        <ENT>2.90</ENT>
                        <ENT>6.45</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2023</ENT>
                        <ENT>3.20</ENT>
                        <ENT>2.40</ENT>
                        <ENT>5.60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2024</ENT>
                        <ENT>3.25</ENT>
                        <ENT>2.57</ENT>
                        <ENT>5.82</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2025 (projected)</ENT>
                        <ENT>3.33</ENT>
                        <ENT>2.62</ENT>
                        <ENT>5.95</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    Using these exempted fuel volumes and multiplying them by the RFS percentage standards in 40 CFR 80.1405(a), we calculated the 2023-2025 exempted RVOs, as shown in Table IV-2.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         For the final rule, we intend to update our analyses using the most recent available data, which may include decisions on 2025 SRE petitions.
                    </P>
                </FTNT>
                <GPOTABLE COLS="7" OPTS="L2,nj,i1" CDEF="s50,12,12,12p,12,12,12">
                    <TTITLE>Table IV-2—Exempted RVOs for 2023-2025 Compliance Years</TTITLE>
                    <TDESC>[Million RINs]</TDESC>
                    <BOXHD>
                        <CHED H="1">Category</CHED>
                        <CHED H="1">Percentage standards</CHED>
                        <CHED H="2">2023</CHED>
                        <CHED H="2">2024</CHED>
                        <CHED H="2">2025</CHED>
                        <CHED H="1">Exempted RVOs</CHED>
                        <CHED H="2">2023</CHED>
                        <CHED H="2">2024</CHED>
                        <CHED H="2">
                            2025
                            <LI>(projected)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Cellulosic Biofuel</ENT>
                        <ENT>0.48</ENT>
                        <ENT>0.59</ENT>
                        <ENT>0.70</ENT>
                        <ENT>30</ENT>
                        <ENT>30</ENT>
                        <ENT>40</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Biomass-Based Diesel</ENT>
                        <ENT>2.58</ENT>
                        <ENT>2.82</ENT>
                        <ENT>3.15</ENT>
                        <ENT>140</ENT>
                        <ENT>160</ENT>
                        <ENT>190</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Advanced Biofuel</ENT>
                        <ENT>3.39</ENT>
                        <ENT>3.79</ENT>
                        <ENT>4.31</ENT>
                        <ENT>190</ENT>
                        <ENT>220</ENT>
                        <ENT>260</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Total Renewable Fuel</ENT>
                        <ENT>11.96</ENT>
                        <ENT>12.50</ENT>
                        <ENT>13.13</ENT>
                        <ENT>670</ENT>
                        <ENT>730</ENT>
                        <ENT>780</ENT>
                    </ROW>
                    <TNOTE>
                        <E T="02">Note:</E>
                         The 2025 cellulosic biofuel percentage standard represents the EPA's proposed partial waiver of the 2025 cellulosic biofuel volume requirement in the Set 2 proposal. We are not reopening or soliciting additional comment on the proposed partial waiver.
                    </TNOTE>
                </GPOTABLE>
                <P>
                    We then used the 2023-2025 exempted RVOs to determine the co-proposed SRE reallocation volumes for 2026 and 2027. For the 100 percent reallocation approach, we are co-proposing SRE reallocation volumes for 2026 equivalent to all the 2023 exempted RVOs and half of the 2024 exempted RVOs, and for 2027 equivalent to the remaining half of the 2024 exempted RVOs and all the projected 2025 exempted RVOs. For the 50 percent reallocation approach, we applied a 50 percent reduction to the exempted RVOs in Table IV-2 and used the same methodology to calculate the co-proposed SRE reallocation volumes. The resulting co-proposed SRE reallocation volumes are shown in Table IV-3.
                    <PRTPAGE P="45013"/>
                </P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s50,12,12p,12,12">
                    <TTITLE>Table IV-3—Proposed SRE Reallocation Volumes for 2026 and 2027</TTITLE>
                    <TDESC>[Million RINs]</TDESC>
                    <BOXHD>
                        <CHED H="1">Category</CHED>
                        <CHED H="1">100% Reallocation</CHED>
                        <CHED H="2">2026</CHED>
                        <CHED H="2">2027</CHED>
                        <CHED H="1">50% Reallocation</CHED>
                        <CHED H="2">2026</CHED>
                        <CHED H="2">2027</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Cellulosic Biofuel</ENT>
                        <ENT>40</ENT>
                        <ENT>60</ENT>
                        <ENT>20</ENT>
                        <ENT>30</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Biomass-Based Diesel</ENT>
                        <ENT>220</ENT>
                        <ENT>270</ENT>
                        <ENT>110</ENT>
                        <ENT>140</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Advanced Biofuel</ENT>
                        <ENT>300</ENT>
                        <ENT>370</ENT>
                        <ENT>150</ENT>
                        <ENT>190</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Total Renewable Fuel</ENT>
                        <ENT>1,030</ENT>
                        <ENT>1,150</ENT>
                        <ENT>510</ENT>
                        <ENT>580</ENT>
                    </ROW>
                    <TNOTE>
                        <E T="02">Note:</E>
                         All volumes are rounded to the nearest 10 million RINs. To avoid overestimating, volumes ending in five were rounded down for 2026 and rounded up for 2027.
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD1">V. Revised Proposed Percentage Standards for 2026 and 2027</HD>
                <P>
                    The obligated parties to which the percentage standards apply are producers and importers of gasoline and diesel, as defined by 40 CFR 80.2. The formulas used to calculate the percentage standards applicable to obligated parties are provided in 40 CFR 80.1405.
                    <SU>20</SU>
                    <FTREF/>
                     Each obligated party multiplies the percentage standards by the sum of all non-renewable gasoline and diesel they produce or import to determine their RVOs. The RVOs are the number of RINs that the obligated party is responsible for procuring to demonstrate compliance with the applicable standards for that year. Since there are four categories of renewable fuel under the RFS program, there are likewise four RVOs applicable to each obligated party for each year.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         In the Set 2 proposal, we proposed additional modifications to the percentage standard equations, including removing the 1.6 multiplier for biomass-based diesel, eliminating unnecessary terms, and clarifying the definition of some terms. In this action, we are including those proposed changes in the revised proposed percentage standard equations, but we are not reopening or soliciting additional comment on those proposed changes from the Set 2 proposal.
                    </P>
                </FTNT>
                <P>
                    In this action, we are proposing to revise the percentage standard equations in 40 CFR 80.1405 such that the numerator in the percentage standard equations for 2026 and 2027 would be the sum of the annual volume requirement (RFV) and SRE reallocation volume (SRERV).
                    <SU>21</SU>
                    <FTREF/>
                     Consistent with the Set 2 proposal, we also account for a projection of the gasoline and diesel volumes exempted through SREs in 2026 and 2027 in the denominator of the percentage standard equations for 2026 and 2027. These equations incorporating the SRE reallocation volume would only be used for the 2026 and 2027 percentage standards. In the future, we intend to continue our policy of prospectively accounting for exempted volumes of gasoline and diesel such that there will be no need to include SRE reallocation volumes in this manner again.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         The amendatory instructions for the proposed regulations associated with this action, including both the 100 percent and 50 percent reallocation approaches, are provided in “Proposed Regulations for Set 2 Supplemental Proposal,” available in the docket for this action.
                    </P>
                </FTNT>
                <P>
                    In addition to the required volumes of renewable fuel, the percentage standard equations also require estimates of the volumes of non-renewable gasoline and diesel, for both highway and nonroad uses, that are projected to be used in the year in which the standards will apply. Consistent with the Set 2 proposal, we are using projections provided by the U.S. Energy Information Administration (EIA) in the Annuel Energy Outlook (AEO) 2023.
                    <SU>22</SU>
                    <FTREF/>
                     As in the Set 2 proposal, these projections include volumes of renewable fuel (
                    <E T="03">e.g.,</E>
                     ethanol, biodiesel, renewable diesel) used in gasoline and diesel. Since the percentage standards apply only to the non-renewable portions of gasoline and diesel, the volumes of renewable fuel are subtracted out of the EIA projections of gasoline and diesel as part of the percentage standard equations.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         While we acknowledge that EIA released AEO2025 earlier this year, this release occurred after we had already completed our analyses for the Set 2 proposal. Because we have not developed new analyses for this action (
                        <E T="03">e.g.,</E>
                         determining a new No RFS Baseline, updating E10 ethanol consumption volumes, etc.), we used the AEO2023 projections to calculate the revised proposed percentage standards. In the Set 2 proposal, however, we indicated our intent to use updated projections from AEO2025 in the Set 2 final rule, including updating our methodology for adjusting gasoline and diesel projections from the EIA. This action provides public notice of our proposed approach for using AEO2025 to project gasoline and diesel volumes in 2026 and 2027, including using new gasoline and diesel projection adjustment factors. Discussion of these new adjustment factors and the AEO2025 projections we would use to calculate the 2026 and 2027 percentage standards in the Set 2 final rule is available in “AEO2025 Projections and Adjustment Factors for Set 2 Supplemental Proposal,” available in the docket for this action.
                    </P>
                </FTNT>
                <P>
                    Finally, the percentage standard equations also require projections of the exempted volumes of gasoline and diesel.
                    <SU>23</SU>
                    <FTREF/>
                     As discussed in Section IV of this preamble, we have already developed a projection of exempted gasoline and diesel volumes for 2025 using a three-year average of the actual exempted gasoline and diesel volumes from 2022-2024 (3.33 billion gallons of gasoline and 2.62 billion gallons of diesel). We believe this projection is an appropriate estimate of exempted gasoline and diesel for 2026 and 2027 as well.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         The D.C. Circuit upheld the EPA's change to the regulatory formula for percentage standards to account for future exempted volumes in 
                        <E T="03">Sinclair,</E>
                         101 F.4th at 892-93 (challenge to the Reset Rule). See also 40 CFR 80.1405(c).
                    </P>
                </FTNT>
                <P>
                    Using the SRE reallocation volumes in Table IV-3 (both the 100 percent and 50 percent reallocation approaches) and assuming 5.95 billion gallons of exempted gasoline and diesel, we calculated the revised proposed percentage standards for 2026 and 2027. The resultant percentage standards under both co-proposals, as well as the original proposed percentage standards in the Set 2 proposal, are shown in Table V-1.
                    <SU>24</SU>
                    <FTREF/>
                     These percentage standards are included in the proposed regulations at 40 CFR 80.1405(a) and would apply to producers and importers of gasoline and diesel.
                    <SU>25</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         For more detail on these calculations, including adjustments made to the EIA's projections, see “Calculation of Revised Proposed 2026 and 2027 RFS Percentage Standards,” available in the docket for this action.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         Note that while in the amendatory instructions for 40 CFR 80.1405 we have also included the percentage standards from previous compliance years, we are not reopening or soliciting additional comment on any previously established percentage standard.
                    </P>
                </FTNT>
                <PRTPAGE P="45014"/>
                <GPOTABLE COLS="7" OPTS="L2,nj,i1" CDEF="s50,12,12p,12,12p,12,12">
                    <TTITLE>Table V-1—Revised Proposed Percentage Standards for 2026 and 2027</TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Set 2 proposal</CHED>
                        <CHED H="2">
                            2026
                            <LI>(%)</LI>
                        </CHED>
                        <CHED H="2">
                            2027
                            <LI>(%)</LI>
                        </CHED>
                        <CHED H="1">100% Reallocation</CHED>
                        <CHED H="2">
                            2026
                            <LI>%</LI>
                        </CHED>
                        <CHED H="2">
                            2027
                            <LI>(%)</LI>
                        </CHED>
                        <CHED H="1">50% Reallocation</CHED>
                        <CHED H="2">
                            2026
                            <LI>(%)</LI>
                        </CHED>
                        <CHED H="2">
                            2027
                            <LI>(%)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Cellulosic biofuel</ENT>
                        <ENT>0.87</ENT>
                        <ENT>0.92</ENT>
                        <ENT>0.83</ENT>
                        <ENT>0.89</ENT>
                        <ENT>0.81</ENT>
                        <ENT>0.87</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Biomass-based diesel</ENT>
                        <ENT>4.75</ENT>
                        <ENT>5.07</ENT>
                        <ENT>4.53</ENT>
                        <ENT>4.86</ENT>
                        <ENT>4.46</ENT>
                        <ENT>4.78</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Advanced biofuel</ENT>
                        <ENT>6.02</ENT>
                        <ENT>6.40</ENT>
                        <ENT>5.75</ENT>
                        <ENT>6.15</ENT>
                        <ENT>5.66</ENT>
                        <ENT>6.03</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Total renewable fuel</ENT>
                        <ENT>16.02</ENT>
                        <ENT>16.54</ENT>
                        <ENT>15.47</ENT>
                        <ENT>16.01</ENT>
                        <ENT>15.14</ENT>
                        <ENT>15.65</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">VI. Statutory Factor Analysis</HD>
                <P>The EPA considered the statutory factors specified in CAA section 211(o)(2)(B)(ii) in proposing the applicable volumes for 2026 and 2027 in the Set 2 proposal. In light of the August 2025 SRE Decisions Action, the purpose of this supplemental proposal is to account for the 2023-2025 exempted RVOs in the 2026 and 2027 volumes. Absent this proposed action, SREs granted for 2023-2025 could increase the number of carryover RINs available for use in 2026 and 2027, which could in turn reduce demand for renewable fuels in those years. We acknowledge that neither this proposed action nor SREs granted for 2023-2025 will affect the volume of renewable fuel produced or consumed in the U.S. in 2023 and 2024, and that any effect these decisions may have on renewable fuel production and use in 2025 would be limited. Instead, SREs granted for 2023-2025 will result in lower-than-anticipated RVOs for those years and, all else being equal, will result in a higher number of carryover RINs available for use in 2026 and future years. Increased numbers of carryover RINs can negatively impact the demand for renewable fuel and the associated RINs. This is because obligated parties can use carryover RINs years to meet their compliance obligations in 2026 and 2027 in lieu of acquiring RINs generated in these years. An increase in the availability of carryover RINs to meet obligated parties' compliance obligations in 2026 and 2027 could decrease the demand for current-year RINs. The co-proposed SRE reallocation volumes for 2026 and 2027 are intended to prevent increased numbers of carryover RINs from decreasing demand for renewable fuel below the proposed applicable volumes for 2026 and 2027 in the Set 2 proposal.</P>
                <P>We are co-proposing SRE reallocation volumes as part of setting overall RFS standards pursuant to our authority in CAA section 211(o)(2)(B)(ii). As discussed in Section III.A of this preamble, the CAA requires that renewable fuel volumes established using this authority are based on a review of implementation of the program and an analysis of statutory factors.</P>
                <P>We are considering the SREs granted for 2023-2025 under our directive to review the implementation of the program. These exemptions have a direct impact on the RFS obligations both for the exempted small refineries (which now have reduced or zero RFS obligations) and for all obligated parties in aggregate (which can now retire a greater number of carryover RINs and fewer current year RINs to satisfy their combined RFS obligations for 2024 and 2025). Further, because obligated parties can now use the carryover RINs that otherwise would have been retired for compliance but for the 2023-2025 exemptions, SREs granted in one year can have an impact on the market for RINs and renewable fuel in future years.</P>
                <P>We have also considered the statutory factors specified in CAA section 211(o)(2)(B)(ii) in proposing these SRE reallocation volumes. We project that the portion of the RFS obligations represented by the SRE reallocation volumes would be met with carryover RINs attributable to the 2023-2025 exempted RVOs. We therefore do not expect that this action will increase the production and use of renewable fuel beyond the volumes previously proposed for 2026 and 2027 (24.02 billion RINs and 24.46 billion RINs, respectively). Conversely, if the EPA does not account for the 2023-2025 SREs, the increase in available carryover RINs resulting from these decisions could result in lower commercial production of renewable fuels in 2026 and 2027 than projected in the Set 2 proposal.</P>
                <P>
                    In general, the statutory factors that the EPA must consider when establishing the applicable volumes for years after 2022 are impacted by the production and use of renewable fuel and are not impacted by the use of carryover RINs. Increased production of ethanol or biodiesel is expected to have an impact on air quality, climate change, conversion of wetlands, ecosystems, wildlife habitat, water quality and supply, energy security, infrastructure, job creation, the prices and supply of agricultural commodities, rural economic development, or food prices. The use of carryover RINs to satisfy RFS obligations is not expected to impact these factors. Given this supplemental proposal's purpose in maintaining the volumes originally proposed in the Set 2 proposal, we have also considered the impact on the expected rate of commercial production of renewable fuels.
                    <SU>26</SU>
                    <FTREF/>
                     We intend that this supplemental proposal, if finalized, would not result in an impact on the expected rate of commercial production of renewable fuels in 2026 and 2027.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         In developing this proposal, we have also considered the statutory factors that are impacted by the production of renewable fuels. See “RFS Program Standards for 2026 and 2027: Draft Regulatory Impact Analysis,” EPA-420-D-25-001, June 2025.
                    </P>
                </FTNT>
                <P>
                    This supplemental proposal is intended to account for the anticipated market impacts of the 2023-2025 exempted RVOs, rather than to propose changes that would result in higher (or lower) volumes of renewable fuel than previously proposed for 2026 and 2027. In the Set 2 proposal, we analyzed the proposed volumes for 2026 and 2027, as well as alternative volumes in relation to the No RFS Baseline. We believe this analysis remains proper, as this supplemental proposal seeks to maintain the production and use of renewable fuel volumes in the Set 2 proposal. We determined that the proposed volumes are proper, and we seek to maintain those volumes. We have therefore largely not revised our analysis of the impact of the proposed volumes for 2026 and 2027 on the statutory factors presented in the Set 2 proposal and associated Draft Regulatory Impact Analysis 
                    <SU>27</SU>
                    <FTREF/>
                     as we do not project that this action would result in renewable fuel production and use in 2026 and 2027 that differ materially from the volumes previously analyzed. However, uncertainty remains regarding the amount of reallocation necessary to maintain the production of proposed volumes, and we therefore have co-
                    <PRTPAGE P="45015"/>
                    proposed SRE reallocation volumes representing 100 percent and 50 percent of the exempt volumes.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         EPA, “RFS Program—Standards for 2026 and 2027: Draft Regulatory Impact Analysis,” EPA-420-D-25-001, June 2025 (“Set 2 DRIA”).
                    </P>
                </FTNT>
                <P>The one statutory factor that we do project would be impacted by this proposed action is the impact on the cost to consumers of transportation fuel and the cost to transport goods. The proposed SRE reallocation volumes would result in higher percentage standards for obligated parties than would otherwise be the case, and which in turn require obligated parties to acquire greater quantities of RINs to retire for compliance. We project that, in aggregate, obligated parties would acquire these additional RINs by purchasing carryover RINs from other parties rather than blending additional quantities of renewable fuel. Because we do not expect this action to result in an increase of the production and use of renewable fuel, we do not anticipate impacts on most statutory factors. We do, however, expect that, on average at the national level, obligated parties would pass on the costs of purchasing additional RINs to consumers, and that this action could increase the cost of transportation fuel to consumers.</P>
                <P>
                    In the Set 2 proposal, we estimated that the proposed volume requirements would increase the price of gasoline by 4.4¢ and 4.7¢ per gallon in 2026 and 2027, respectively, and the price of diesel by 9.1¢ and 10.6¢ per gallon in 2026 and 2027, respectively.
                    <SU>28</SU>
                    <FTREF/>
                     These estimates were relative to the No RFS Baseline and based on the upper-bound estimate of the percentage standards, which represented a scenario where the EPA projected granting all SRE petitions for these years and prospectively accounted for these exemptions in the percentage standards. Note that this analysis uses the same projected prices for renewable fuels, petroleum-based fuels, RINs, etc. as the Set 2 proposal. If the impacts of this action were to ultimately result in higher (or lower) RIN prices, we would expect to see larger (or smaller) impacts on fuel prices due to these changes in RIN prices.
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         90 FR 25832 (June 17, 2025).
                    </P>
                </FTNT>
                <P>
                    Notably, as shown in Table VI-1, the revised proposed percentage standards for 2026 and 2027 in this action, after accounting for both the SRE reallocated volumes and an updated projection of exempted gasoline and diesel for 2026 and 2027, are lower than those we considered in the Set 2 proposal. This is true whether the SRE reallocated volumes represent 100 percent or 50 percent of the 2023-2025 exempted RVOs. While this action proposes SRE reallocation volumes for the 2026 and 2027 RFS standards that would directionally increase the RFS percentage standards (and thus direction increase the impact on fuel prices) for 2026 and 2027 above what was proposed in the Set 2 proposal, it also includes an updated projection of the exempted gasoline and diesel volumes for 2026 and 2027 that are much lower than the 18 billion gallons assumed in the upper-bound estimate in the Set 2 proposal. The overall effect is that the revised proposed percentage standards are less than the original proposed percentage standards in the Set 2 proposal, as shown in Table V-1.
                    <SU>29</SU>
                    <FTREF/>
                     Because the total RIN acquisition costs in our projected impacts of this action on fuel prices are based on the percentage standards, the lower revised proposed percentage standards result in lower projected impacts on fuel prices relative to the impacts in the Set 2 proposal.
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         When considered separately, the updated projection of exempted gasoline and diesel would reduce the total renewable fuel percentage standards for 2026 and 2027 by 1.19 percent and 1.25 percent, respectively, compared to the upper-bound estimate. The 100 percent reallocation approach would increase the total renewable fuel percentage standards for 2026 and 2027 by 0.64 percent and 0.72 percent, respectively, while the 50 percent reallocation approach would increase the total renewable fuel percentages for 2026 and 2027 by 0.31 percent and 0.36 percent, respectively.
                    </P>
                </FTNT>
                <GPOTABLE COLS="7" OPTS="L2,nj,i1" CDEF="s50,12,12p,12,12p,12,12">
                    <TTITLE>Table VI-1—Estimated Effect of Revised Proposed Percentage Standards on Retail Fuel Prices Relative to No RFS Baseline</TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Set 2 proposal</CHED>
                        <CHED H="2">2026</CHED>
                        <CHED H="2">2027</CHED>
                        <CHED H="1">100% Reallocation</CHED>
                        <CHED H="2">2026</CHED>
                        <CHED H="2">2027</CHED>
                        <CHED H="1">50% Reallocation</CHED>
                        <CHED H="2">2026</CHED>
                        <CHED H="2">2027</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">Percentage Standard:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Cellulosic Biofuel</ENT>
                        <ENT>0.87%</ENT>
                        <ENT>0.92%</ENT>
                        <ENT>0.83%</ENT>
                        <ENT>0.89%</ENT>
                        <ENT>0.81%</ENT>
                        <ENT>0.87%</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">BBD</ENT>
                        <ENT>4.75%</ENT>
                        <ENT>5.07%</ENT>
                        <ENT>4.53%</ENT>
                        <ENT>4.86%</ENT>
                        <ENT>4.46%</ENT>
                        <ENT>4.78%</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">
                            Other Advanced Biofuel 
                            <SU>a</SU>
                        </ENT>
                        <ENT>0.40%</ENT>
                        <ENT>0.41%</ENT>
                        <ENT>0.39%</ENT>
                        <ENT>0.40%</ENT>
                        <ENT>0.39%</ENT>
                        <ENT>0.38%</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">
                            Conventional Renewable Fuel 
                            <SU>b</SU>
                        </ENT>
                        <ENT>10.00%</ENT>
                        <ENT>10.14%</ENT>
                        <ENT>9.72%</ENT>
                        <ENT>9.86%</ENT>
                        <ENT>9.48%</ENT>
                        <ENT>9.62%</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Total Rin Cost ($/gallon)</ENT>
                        <ENT>11.9¢</ENT>
                        <ENT>12.3¢</ENT>
                        <ENT>11.5¢</ENT>
                        <ENT>11.9¢</ENT>
                        <ENT>11.2¢</ENT>
                        <ENT>11.7¢</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">Price Impact (¢/gallon):</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Gasoline</ENT>
                        <ENT>4.4¢</ENT>
                        <ENT>4.7¢</ENT>
                        <ENT>4.0¢</ENT>
                        <ENT>4.4¢</ENT>
                        <ENT>3.8¢</ENT>
                        <ENT>4.2¢</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Diesel</ENT>
                        <ENT>9.1¢</ENT>
                        <ENT>10.6¢</ENT>
                        <ENT>8.7¢</ENT>
                        <ENT>10.3¢</ENT>
                        <ENT>8.5¢</ENT>
                        <ENT>10.1¢</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         Other advanced biofuel is not a fuel category for which a percentage standard is established but is calculated by subtracting the cellulosic biofuel and BBD standards from the advanced biofuel standard.
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         Conventional renewable fuel is not a fuel category for which a percentage standard is established but is calculated by subtracting the advanced biofuel standard from the total renewable fuel standard.
                    </TNOTE>
                    <TNOTE>
                        <E T="02">Note:</E>
                         To best illustrate the impact of this action on fuel price impacts, we have used the same data and methodology as in the Set 2 proposal and only updated the percentage standards. We have not updated the projected prices of renewable fuels, gasoline, diesel, RINs, etc. We will provide an updated estimate of fuel price impacts in the final rule that accounts for updates to all these factors for which more recent data is available. For more detail on the methodology used to estimate fuel prices, see Set 2 DRIA Chapter 10.5.
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD1">VII. Severability</HD>
                <P>
                    If finalized, we intend for the 2026 and 2027 SRE reallocation volumes to be severable from the remainder of the 2026 and 2027 applicable volumes. This is because the EPA's reasoning for implementing the 2026 and 2027 SRE reallocation volumes is distinct from the EPA's action to establish applicable volumes for 2026 and 2027. The applicable volumes proposed in the Set 2 proposal represent new renewable fuel production in 2026 and 2027 (
                    <E T="03">i.e.,</E>
                     new RIN generation). In contrast, the SRE reallocation volumes represent renewable fuel that was produced in 2023-2025, but for which RINs were not retired to meet compliance obligations in those years due to SREs. In this action, we are co-proposing SRE reallocation volumes to account for these RINs given their potential impact on the RIN and renewable fuels markets. Given this independent reasoning to justify the 2026 and 2027 applicable volumes proposed in the Set 2 proposal, 
                    <PRTPAGE P="45016"/>
                    we intend that were the 2026 and 2027 SRE reallocation volumes not in effect, the remainder of the 2026 and 2027 applicable volumes would stand in place.
                </P>
                <HD SOURCE="HD1">VIII. Statutory and Executive Order Reviews</HD>
                <P>
                    Additional information about these statutes and Executive Orders can be found at 
                    <E T="03">https://www.epa.gov/laws-regulations/laws-and-executive-orders.</E>
                </P>
                <HD SOURCE="HD2">A. Executive Order 12866: Regulatory Planning and Review</HD>
                <P>This action is an economically significant regulatory action that was submitted to the Office of Management and Budget (OMB) for review. Any changes made in response to OMB recommendations have been documented in the docket.</P>
                <HD SOURCE="HD2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</HD>
                <P>This action is expected to be an Executive Order 14192 regulatory action. There are no quantified cost estimates for this supplemental proposal because it does not change the applicable volumes proposed in the Set 2 proposal.</P>
                <HD SOURCE="HD2">C. Paperwork Reduction Act (PRA)</HD>
                <P>This action does not impose an information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned the following OMB control numbers: 2060-0725, 2060-0740, and 2060-0749. This action co-proposes SRE reallocation volumes and revised percentage standards for 2026 and 2027 and does not impose new or different reporting requirements on regulated parties than already exist for the RFS program.</P>
                <HD SOURCE="HD2">D. Regulatory Flexibility Act (RFA)</HD>
                <P>
                    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The small entities directly regulated by the annual percentage standards associated with the RFS volumes are small refiners that produce gasoline or diesel fuel, which are defined at 13 CFR 121.201. The EPA believes that there are currently six refiners (owning seven refineries) producing gasoline and/or diesel that meet the definition of small entity by having 1,500 employees or fewer. In the Set 2 proposal, we evaluated the impacts of the proposed 2026 and 2027 volume requirements on small entities by conducting a screening analysis to assess whether we should find that this action will not have a significant economic impact on a substantial number of small entities.
                    <SU>30</SU>
                    <FTREF/>
                     In that analysis, we evaluated the worst-case scenario in which small entities, all of which only operate small refineries, would comply with the upper-bound estimate of the proposed 2026 and 2027 percentage standards that assumes that all small refineries are granted an exemption. The resultant cost-to-sales ratio test showed that the costs to small entities of the proposed 2026 and 2027 percentage standards were far less than one percent of the value of their sales.
                    <SU>31</SU>
                    <FTREF/>
                     While this action co-proposes SRE reallocation volumes for the 2026 and 2027 RFS standards that would directionally increase the RFS percentage standards for 2026 and 2027 above what was proposed in the Set 2 proposal, it also includes an updated projection of the exempted gasoline and diesel volumes for 2026 and 2027 that are much lower than the 18 billion gallons assumed in the upper-bound estimate in the Set 2 proposal. As shown in Table V-1, both the co-proposed percentage standards are lower than the proposed percentage standards in the Set 2 proposal under the worst-case scenario. Thus, we are able to conclude that the cost-to-sales ratios for small entities under this supplemental proposal are also far less than one percent of the value of their sales. Furthermore, this action does not change the compliance flexibilities currently offered to small entities under the RFS program (including the SRE provisions we continue to implement). We have therefore concluded that the impact on directly regulated small entities from implementation of this rule will not be significant.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         See Set 2 DRIA Chapter 11.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         A cost-to-sales ratio of one percent represents a typical agency threshold for determining the significance of the economic impact on small entities. See “Final Guidance for EPA Rulewriters: Regulatory Flexibility Act as amended by the Small Business Regulatory Enforcement Fairness Act,” November 2006.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">E. Unfunded Mandates Reform Act (UMRA)</HD>
                <P>This action does not contain an unfunded mandate of $100 million (adjusted annually for inflation) or more (in 1995 dollars) as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments.</P>
                <HD SOURCE="HD2">F. Executive Order 13132: Federalism</HD>
                <P>This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.</P>
                <HD SOURCE="HD2">G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</HD>
                <P>This action does not have Tribal implications as specified in Executive Order 13175. This action will be implemented at the Federal level and affects transportation fuel refiners, blenders, marketers, distributors, importers, exporters, and renewable fuel producers and importers. Tribal governments will be affected only to the extent they produce, purchase, or use regulated fuels. Thus, Executive Order 13175 does not apply to this action.</P>
                <HD SOURCE="HD2">H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks</HD>
                <P>The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. Therefore, this action is not subject to Executive Order 13045 because it co-proposes SRE reallocation volumes and revised percentage standards for 2026 and 2027 and does not concern an environmental health risk or safety risk. Since this action does not concern human health, the EPA's Policy on Children's Health also does not apply.</P>
                <HD SOURCE="HD2">I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</HD>
                <P>This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This action co-proposes SRE reallocation volumes and revised percentage standards for 2026 and 2027. The RFS program is designed to achieve positive effects on the Nation's transportation fuel supply by increasing energy independence and security.</P>
                <HD SOURCE="HD2">J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51</HD>
                <P>This action does not involve technical standards.</P>
                <HD SOURCE="HD1">IX. Statutory Authority</HD>
                <P>
                    Statutory authority for this proposed action comes from sections 114, 203-05, 208, 211, 301, and 307 of the Clean Air 
                    <PRTPAGE P="45017"/>
                    Act, 42 U.S.C. 7414, 7522-24, 7542, 7545, 7601, and 7607.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects</HD>
                    <CFR>40 CFR Part 80</CFR>
                    <P>Environmental protection, Administrative practice and procedure, Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports, Incorporation by reference, Oil imports, Petroleum, Renewable fuel.</P>
                    <CFR>40 CFR Part 1090</CFR>
                    <P>Environmental protection, Administrative practice and procedure, Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports, Incorporation by reference, Oil imports, Petroleum, Renewable fuel.</P>
                </LSTSUB>
                <SIG>
                    <NAME>Lee Zeldin,</NAME>
                    <TITLE>Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18111 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Parts 281 and 282</CFR>
                <DEPDOC>[EPA-R09-UST-2025-0035; FRL-12586-01-R9]</DEPDOC>
                <SUBJECT>Hawaii: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On March 7, 2022, the State of Hawaii (Hawaii or State) received Environmental Protection Agency (EPA) final approval of revisions to its Underground Storage Tank Program (UST Program) under subtitle I of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA, the EPA is proposing to amend its final approval of the Hawaii UST Program to clarify the statutory provisions that are part of the approved UST Program and identify some additional statutory provisions that are broader in scope and not part of the approved UST Program. This action also proposes to codify the EPA's approval of Hawaii's revised UST Program and to incorporate by reference the State statutes and regulations that the EPA has determined meet the requirements for approval.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on this proposed rule must be received on or before October 20, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may send comments, identified by Docket ID No. EPA-R09-UST-2025-0035, by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: https://www.regulations.gov</E>
                         (our preferred method). Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Email: cosson.michael@epa.gov</E>
                        . Include the Docket ID No. EPA-R09-UST-2025-0035 in the subject line of the message.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         Submit your comments, identified by Docket ID No. EPA-R09-UST-2025-0035, via the Federal eRulemaking Portal at 
                        <E T="03">https://www.regulations.gov</E>
                        . Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from 
                        <E T="03">https://www.regulations.gov</E>
                        . The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information for which disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (
                        <E T="03">i.e.,</E>
                         on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit: 
                        <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets</E>
                        .
                    </P>
                    <P>
                        The EPA encourages electronic submittals and lists all publicly available docket materials electronically at 
                        <E T="03">https://www.regulations.gov</E>
                        . If you are unable to make electronic submittals or require alternative access to docket materials, please contact Michael Cosson, the contact listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         provision below. The index of the docket and all publicly available docket materials for this action are available for review at 
                        <E T="03">https://www.regulations.gov</E>
                        .
                    </P>
                    <P>
                        Please also contact Michael Cosson if you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you. For further information on EPA Docket Center services, please visit us online at 
                        <E T="03">https://www.epa.gov/dockets</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Michael Cosson, RCRA Branch, Land, Chemicals, and Redevelopment Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105; Phone number: (415) 972-3652; Email address: 
                        <E T="03">cosson.michael@epa.gov</E>
                        . Please contact Michael Cosson by phone or email for further information.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For additional information, see the direct final rule published in the “Rules and Regulations” section of this 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Parts 281 and 282</HD>
                    <P>Environmental protection, Administrative practice and procedure, Hazardous substances, Incorporation by reference, Petroleum, Reporting and recordkeeping requirements, State program approval, Underground storage tanks.</P>
                </LSTSUB>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>This document is issued under the authority of sections 2002(a), 7004(b), 9004, 9005, and 9006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6911d, and 6911e.</P>
                </AUTH>
                <SIG>
                    <NAME>Michael Martucci,</NAME>
                    <TITLE>Acting Regional Administrator, Region 9.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18056 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
    </PRORULES>
    <VOL>90</VOL>
    <NO>179</NO>
    <DATE>Thursday, September 18, 2025</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NOTICES>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="45018"/>
                <AGENCY TYPE="F">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Oregon Advisory Committee</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Announcement of virtual business meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that the Oregon Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a virtual business meeting via Zoom on Tuesday, October 7, 2025, from 12:30 p.m.-1:30 p.m. PST. The purpose of the meeting is to discuss the Project Proposal.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting will take place on Tuesday, October 7, 2025, from 12:30 p.m.-1:30 p.m. PST.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Webinar Zoom Registration Link (Audio/Visual): https://www.zoomgov.com/j/1614707542.</E>
                    </P>
                    <P>
                        <E T="03">Join by Phone (Audio only):</E>
                         (833) 435-1820 USA Toll Free; Webinar ID: 161 470 7542.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kayla Fajota, Designated Federal Officer (DFO) at 
                        <E T="03">kfajota@usccr.gov</E>
                         or by phone at (434) 515-2395.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Committee meetings are available to the public through the videoconference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email Angelica Trevino, Support Services Specialist, 
                    <E T="03">atrevino@usccr.gov</E>
                     at least 10 business days prior to the meeting.
                </P>
                <P>
                    Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments can be sent via email to Kayla Fajota (DFO) at 
                    <E T="03">kfajota@usccr.gov.</E>
                </P>
                <P>
                    Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via 
                    <E T="03">www.facadatabase.gov</E>
                     under the Commission on Civil Rights, Oregon Advisory Committee link. Committee documents can also be found at the following file sharing website: 
                    <E T="03">https://usccr.app.box.com/folder/271061562007?s=r6h92j9j27b78vvft9voq7b6kzdphlbl.</E>
                     Persons interested in the work of this Committee are directed to the Commission's website, 
                    <E T="03">http://www.usccr.gov,</E>
                     or may contact the Regional Programs Coordination Unit at 
                    <E T="03">atrevino@usccr.gov.</E>
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <FP SOURCE="FP-2">I. Welcome and Roll Call</FP>
                <FP SOURCE="FP-2">II. Agency Announcements</FP>
                <FP SOURCE="FP-2">III. Discussion: Project Proposal Draft</FP>
                <FP SOURCE="FP-2">IV. Next Steps</FP>
                <FP SOURCE="FP-2">V. Public Comment</FP>
                <FP SOURCE="FP-2">VI. Adjournment</FP>
                <SIG>
                    <DATED>Dated: September 16, 2025.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18098 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6335-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Sunshine Act Meeting Notice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Commission public business meeting.</P>
                </ACT>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Friday, September 19, 2025, 10:00 a.m. EST.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Meeting to take place in person and is open to the public. U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425.</P>
                    <P>
                        It will also be livestreamed on the Commission's YouTube page: 
                        <E T="03">https://www.youtube.com/user/USCCR/videos</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Joe Kim: 202-499-0263. 
                        <E T="03">publicaffairs@usccr.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In accordance with the Government in Sunshine Act (5 U.S.C. 552b), the Commission on Civil Rights is holding a meeting to discuss the Commission's business for the month of September. This business meeting is open to the public. Computer assisted real-time transcription (CART) will be provided. The web link to access CART (in English) on Friday, September 19, 2025, is 
                    <E T="03">https://www.streamtext.net/player?event=USCCR.</E>
                     Please note that CART is text-only translation that occurs in real time during the meeting and is not an exact transcript.
                </P>
                <HD SOURCE="HD1">Meeting Agenda</HD>
                <FP SOURCE="FP-2">I. Approval of Agenda</FP>
                <FP SOURCE="FP-2">II. Business Meeting</FP>
                <FP SOURCE="FP1-2">A. Presentation on the Status of Latino Civil Rights</FP>
                <FP SOURCE="FP1-2">B. Discussion and Vote on State Advisory Committee Appointments</FP>
                <FP SOURCE="FP1-2">C. Staff Director's Report</FP>
                <FP SOURCE="FP-2">III. Adjourn Meeting</FP>
                <SIG>
                    <DATED>Dated: September 16, 2025.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18074 Filed 9-16-25; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 6335-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Indiana Advisory Committee; Revision.</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Commission on Civil Rights</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; revision of meeting date &amp; time.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Commission on Civil Rights published a notice in the 
                        <E T="04">Federal Register</E>
                         on Wednesday, June 11, 2025, concerning a business meeting of the 
                        <PRTPAGE P="45019"/>
                        Indiana Advisory Committee. The October meeting has been rescheduled for Tuesday, October 14, 2025, from 2:00 p.m. to 3:30 p.m. ET (not October 16, 2025). To join this meeting, please register at: 
                        <E T="03">https://www.zoomgov.com/webinar/register/WN_C6ghMbu0Tn-9DUYT75TLOg</E>
                        .
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ana Victoria Fortes, Designated Federal Officer, at 
                        <E T="03">afortes@usccr.gov</E>
                         or (202) 681-0857.
                    </P>
                    <P>
                        Revision: In the 
                        <E T="04">Federal Register</E>
                         on Wednesday, June 11, 2025, in FR Document Number 2025-10628, on page 24564, correct the October meeting date and time to: Tuesday, October 14, 2025, from 2:00 p.m. to 3:30 p.m. Eastern Time.
                    </P>
                    <SIG>
                        <DATED>Dated: September 15, 2025.</DATED>
                        <NAME>David Mussatt,</NAME>
                        <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18017 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <SUBJECT>United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States Section, USMCA Secretariat, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of USMCA Requests for Panel Review.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Two Requests for Panel Review were filed in the matter of Certain Softwood Lumber Products from Canada: Final Results and Rescission, in Part, of the Countervailing Duty Administrative Review; 2023 with the U.S. Section of the USMCA Secretariat on September 11, 2025. The first Request for Panel Review was filed on behalf of Resolute FP Canada Inc., the Conseil de l'industrie forestière du Quebec, the Ontario Forest Industries Association, and each association's respective individual members (collectively Central Canada) as well as Plaster Rock Lumber Corporation and CHAP Alliance, Inc. The second was filed by The Government of Canada, the Governments of Alberta, British Columbia, Ontario, and Québec; Alberta Softwood Lumber Trade Council, British Columbia Lumber Trade Council; Canfor Corporation, Canadian Forest Products Ltd., Canfor Wood Products Marketing Ltd., Interfor Corporation, Interfor Sales &amp; Marketing Ltd., EACOM Timber Corporation, Chaleur Forest Products Inc., Chaleur Forest Products LP, J.D. Irving, Limited, Tolko Marketing and Sales Ltd. and Tolko Industries Ltd., Gilbert Smith Forest Products, and West Fraser Mills Ltd. The USMCA Secretariat has assigned case number USA-CDA-2025-10.12-03 to this request.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Vidya Desai, United States Secretary, USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, 202-482-5438.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The final results of the investigation under review were determined by the United States Department of Commerce and were published in the 
                    <E T="04">Federal Register</E>
                     on August 12 (90 FR 38755).
                </P>
                <P>
                    Article 10.12 of Chapter 10 of USMCA provides a dispute settlement mechanism involving trade remedy determinations issued by the Government of the United States, the Government of Canada, and the Government of Mexico. Following a Request for Panel Review, a Binational Panel is composed to review the trade remedy determination being challenged and issue a binding Panel Decision. There are established USMCA 
                    <E T="03">Rules of Procedure for Article 10.12 (Binational Panel Reviews),</E>
                     which were adopted by the three governments for panels requested pursuant to Article 10.12(2) of USMCA which requires Requests for Panel Review to be published in accordance with Rule 40. For the complete Rules, please see 
                    <E T="03">https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/usmca-aceum-tmec/rules-regles-reglas/article-article-articulo_10_12.aspx?lang=eng</E>
                    .
                </P>
                <P>The Rules provide that:</P>
                <P>(a) A Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 44 no later than 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is October 14, 2025);</P>
                <P>(b) A Party, an investigating authority or other interested person who does not file a Complaint but who intends to participate in the panel review shall file a Notice of Appearance in accordance with Rule 45 no later than 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is October 27, 2025);</P>
                <P>(c) The panel review will be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review.</P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Vidya Desai,  </NAME>
                    <TITLE>United States Secretary, USMCA Secretariat.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18048 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-GT-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XF191]</DEPDOC>
                <SUBJECT>Pacific Fishery Management Council; Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Pacific Fishery Management Council (Pacific Council) will convene an online meeting of the Ecosystem-Based Management Subcommittee of its Scientific and Statistical Committee (SSC ES), which is open to the public.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The online meeting will be held Monday, October 6, 2025, from 1 p.m. to 5 p.m. Pacific Time, or until business for the day is completed.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements will be provided in the meeting announcement on the Pacific Council's website (see 
                        <E T="03">www.pcouncil.org</E>
                        ). You may send an email to Mr. Kris Kleinschmidt (
                        <E T="03">kris.kleinschmidt@pcouncil.org</E>
                        ) or contact him at (503) 820-2412 for technical assistance.
                    </P>
                    <P>
                        <E T="03">Council address:</E>
                         Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Gilly Lyons, Staff Officer, Pacific Council; telephone: (503) 820-2427.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The SSC ES will meet via webinar to review ecosystem science topics identified by the Pacific Council for potential incorporation in the California Current Integrated Ecosystem Assessment Team's Ecosystem Status Report (ESR). These topics include incorporation of new data types and indices from glider surveys along the U.S. West Coast; a focused review of short reports on ESR indicators tailored to specific stocks that can support the development of new risk tables and updates to existing ones; and a review of the Pacific Decadal 
                    <PRTPAGE P="45020"/>
                    Oscillation and its continued relevance as an indicator in the ESR. This review of science topics may potentially inform future annual reports to the Pacific Council on the state of the California Current Ecosystem. The SSC ES meeting is open to the public. A detailed meeting agenda will be available on the Pacific Council's website prior to the meeting.
                </P>
                <P>Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.</P>
                <HD SOURCE="HD1">Special Accommodations</HD>
                <P>
                    Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (
                    <E T="03">kris.kleinschmidt@pcouncil.org,</E>
                     (503) 820-2412) at least 10 days prior to the meeting date.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     16 U.S.C. 1801 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Rey Israel Marquez,</NAME>
                    <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18044 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XF174]</DEPDOC>
                <SUBJECT>Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of America (formerly Gulf of Mexico)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; issuance of letter of authorization.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS' MMPA regulations for taking marine mammals incidental to geophysical surveys related to oil and gas activities in the Gulf of America (GOA), originally published as “Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico,” notification is hereby given that a Letter of Authorization (LOA) has been issued to Echo Offshore LLC (Echo) for the take of marine mammals incidental to geophysical survey activity in the GOA.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The LOA is effective from September 15, 2025 through April 19, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The LOA, LOA request, and supporting documentation are available online at: 
                        <E T="03">https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-america</E>
                        . In case of problems accessing these documents, please call the contact listed below (see 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                        ).
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jenna Harlacher, Office of Protected Resources, NMFS, (301) 427-8401.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
                    <E T="03">et seq.</E>
                    ) direct the Secretary of Commerce 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 issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.
                </P>
                <P>An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. 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.</P>
                <P>Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).</P>
                <P>
                    On January 19, 2021, we issued a final rule with regulations to govern the unintentional taking of marine mammals incidental to geophysical survey activities conducted by oil and gas industry operators, and those persons authorized to conduct activities on their behalf (collectively “industry operators”), in U.S. waters of the GOA 
                    <SU>1</SU>
                    <FTREF/>
                     over the course of 5 years (86 FR 5322, January 19, 2021). The rule was based on our findings that the total taking from the specified activities over the 5-year period will have a negligible impact on the affected species or stock(s) of marine mammals and will not have an unmitigable adverse impact on the availability of those species or stocks for subsistence uses, and became effective on April 19, 2021.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Pursuant to Executive Order 14172, “Restoring Names That Honor American Greatness,” and Department of the Interior Secretarial Order 3423, “The Gulf of America,” the body of water formerly known as the Gulf of Mexico is now called the Gulf of America. Accordingly, NMFS amended the incidental take regulations to reflect the change. See 90 FR 38001 (August 7, 2025).
                    </P>
                </FTNT>
                <P>
                    The regulations at 50 CFR 217.180 
                    <E T="03">et seq.</E>
                     allow for the issuance of LOAs to industry operators for the incidental take of marine mammals during geophysical survey activities and prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat (often referred to as mitigation), as well as requirements pertaining to the monitoring and reporting of such taking. Under 50 CFR 217.186(e), issuance of an LOA shall be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations and a determination that the amount of take authorized under the LOA is of no more than small numbers.
                </P>
                <P>NMFS subsequently discovered that the 2021 rule was based on erroneous take estimates. We conducted another rulemaking using correct take estimates and other newly available and pertinent information relevant to the analyses supporting some of the findings in the 2021 final rule and the taking allowable under the regulations. We issued a final rule in April 2024, effective May 24, 2024 (89 FR 31488, April 24, 2024).</P>
                <P>
                    The 2024 final rule made no changes to the specified activities or the specified geographical region in which 
                    <PRTPAGE P="45021"/>
                    those activities would be conducted, nor to the original 5-year period of effectiveness. In consideration of the new information, the 2024 rule presented new analyses supporting affirmance of the negligible impact determinations for all species, and affirmed that the existing regulations, which contain mitigation, monitoring, and reporting requirements, are consistent with the “least practicable adverse impact” standard of the MMPA.
                </P>
                <HD SOURCE="HD1">Summary of Request and Analysis</HD>
                <P>
                    Echo plans to conduct a two-dimensional (2D) high-resolution seismic survey in lease block VR178 in the Vermillion area, with water depths ranging from approximately 29.3-29.9 meters (m). See section F of the LOA application for a map of the area. Echo plans to use a single, 20-cubic inch (in
                    <SU>3</SU>
                    ) (327.7 cubic centimeter (cm
                    <SU>3</SU>
                    ) airgun, in addition to three other high-resolution geophysical (HRG) acoustic sources. Please see the LOA application for additional detail.
                </P>
                <P>
                    Consistent with the preamble to the final rule, the survey effort proposed by Echo in its LOA request was used to develop LOA-specific take estimates based on the acoustic exposure modeling results described in the preamble (89 FR 31488, April 24, 2024). In order to generate the appropriate take number for authorization, the following information was considered: (1) survey type; (2) location (by modeling zone 
                    <SU>2</SU>
                    <FTREF/>
                    ); (3) number of days; (4) source; and (5) month.
                    <SU>3</SU>
                    <FTREF/>
                     The acoustic exposure modeling performed in support of the rule provides 24-hour exposure estimates for each species, specific to each modeled source and survey type in each zone and month.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         For purposes of acoustic exposure modeling, the GOA was divided into seven zones. Zone 1 is not included in the geographic scope of the rule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Acoustic propagation modeling was performed for two seasons: Winter (December-March) and Summer (April-November). Marine mammal density data is generally available on a monthly basis, and therefore further refines take estimates temporally.
                    </P>
                </FTNT>
                <P>
                    Exposure modeling results were generated using the single airgun proxy. Because those results assume use of a 90-in
                    <SU>3</SU>
                     (1,474.8 cm
                    <SU>3</SU>
                    ) airgun, the take numbers authorized through this LOA are considered conservative (
                    <E T="03">i.e.,</E>
                     they likely overestimate take) due to differences in the sound source planned for use by Echo, as compared to those modeled for the rule.
                </P>
                <P>The survey will take place over approximately 1.5 days with 1 day of sound source operation in Zone 2. The monthly distribution of survey days is not known in advance. Take estimates for each species are based on the month that produces the greatest value.</P>
                <P>Based on the results of our analysis, NMFS has determined that the level of taking expected for this survey and authorized through the LOA is consistent with the findings made for the total taking allowable under the regulations. See table 1 in this notice and table 6 of the rule (89 FR 31488, April 24, 2024).</P>
                <HD SOURCE="HD1">Small Numbers Determination</HD>
                <P>Under the rule, NMFS may not authorize incidental take of marine mammals in an LOA if it will exceed “small numbers.” In short, when an acceptable estimate of the individual marine mammals taken is available, if the estimated number of individual animals taken is up to, but not greater than, one-third of the best available abundance estimate, NMFS will determine that the numbers of marine mammals taken of a species or stock are small (see 89 FR 31535, May 24, 2024). For more information please see NMFS' discussion of small numbers in the 2021 final rule (86 FR 5438, January 19, 2021).</P>
                <P>
                    The take numbers for authorization, determined as described above in the Summary of Request and Analysis section, are used by NMFS in making the necessary small numbers determinations, through comparison with the best available abundance estimates (see discussion at 86 FR 5322, 5391, January 19, 2021). For this comparison, NMFS' approach is to use the maximum theoretical population, determined through review of current stock assessment reports (SAR; 
                    <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</E>
                    ) and model-predicted abundance information (
                    <E T="03">https://seamap.env.duke.edu/models/Duke/GOM/</E>
                    ). Information supporting the small numbers determinations is provided in table 1.
                </P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,12,12,12">
                    <TTITLE>Table 1—Take Analysis</TTITLE>
                    <BOXHD>
                        <CHED H="1">Species</CHED>
                        <CHED H="1">
                            Authorized take 
                            <SU>1</SU>
                        </CHED>
                        <CHED H="1">
                            Abundance 
                            <SU>2</SU>
                        </CHED>
                        <CHED H="1">
                            Percent 
                            <LI>abundance</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Rice's whale</ENT>
                        <ENT>0</ENT>
                        <ENT>51</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sperm whale</ENT>
                        <ENT>0</ENT>
                        <ENT>2,451</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Kogia</E>
                             spp.
                        </ENT>
                        <ENT>0</ENT>
                        <ENT>1,385</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Beaked whales</ENT>
                        <ENT>0</ENT>
                        <ENT>1,038</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rough-toothed dolphin</ENT>
                        <ENT>
                            <SU>3</SU>
                             14
                        </ENT>
                        <ENT>4,853</ENT>
                        <ENT>0.3</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Bottlenose dolphin</ENT>
                        <ENT>31</ENT>
                        <ENT>166,538</ENT>
                        <ENT>0.0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Clymene dolphin</ENT>
                        <ENT>0</ENT>
                        <ENT>6,136</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Atlantic spotted dolphin</ENT>
                        <ENT>
                            <SU>4</SU>
                             26
                        </ENT>
                        <ENT>21,506</ENT>
                        <ENT>0.1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Pantropical spotted dolphin</ENT>
                        <ENT>0</ENT>
                        <ENT>50,209</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Spinner dolphin</ENT>
                        <ENT>0</ENT>
                        <ENT>2,991</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Striped dolphin</ENT>
                        <ENT>0</ENT>
                        <ENT>16,102</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Fraser's dolphin</ENT>
                        <ENT>0</ENT>
                        <ENT>1,665</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Risso's dolphin</ENT>
                        <ENT>0</ENT>
                        <ENT>1,974</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Blackfish 
                            <SU>5</SU>
                        </ENT>
                        <ENT>0</ENT>
                        <ENT>9,535</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Short-finned pilot whale</ENT>
                        <ENT>0</ENT>
                        <ENT>3,277</ENT>
                        <ENT>n/a</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Scalar ratios were not applied in this case due to brief survey duration.
                    </TNOTE>
                    <TNOTE>
                        <SU>2</SU>
                         Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to be the model-predicted abundance (Garrison 
                        <E T="03">et al.,</E>
                         2023). For Rice's whale, Atlantic spotted dolphin, spinner dolphin, and Risso's dolphin, the estimated SAR abundance estimate is used.
                    </TNOTE>
                    <TNOTE>
                        <SU>3</SU>
                         Modeled take of 1 increased to account for potential encounter with a group of average size (Maze-Foley and Mullin, 2006)
                    </TNOTE>
                    <TNOTE>
                        <SU>4</SU>
                         Modeled take of 7 increased to account for potential encounter with a group of average size (Maze-Foley and Mullin, 2006)
                    </TNOTE>
                    <TNOTE>
                        <SU>5</SU>
                         The “blackfish” guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer whales.
                    </TNOTE>
                </GPOTABLE>
                <PRTPAGE P="45022"/>
                <P>
                    Based on the analysis contained herein of Echo's proposed survey activity described in its LOA application and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals will be taken relative to the affected species or stock sizes (
                    <E T="03">i.e.,</E>
                     less than one-third of the best available abundance estimate) and therefore the taking is of no more than small numbers.
                </P>
                <HD SOURCE="HD1">Authorization</HD>
                <P>NMFS has determined that the level of taking for this LOA request is consistent with the findings made for the total taking allowable under the incidental take regulations and that the amount of take authorized under the LOA is of no more than small numbers. Accordingly, we have issued an LOA to Echo authorizing the take of marine mammals incidental to its geophysical survey activity, as described above.</P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Kimberly Damon-Randall,</NAME>
                    <TITLE>Director, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18027 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; West Coast Groundfish Trawl Logbook</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Oceanic &amp; Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection, request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the 
                        <E T="04">Federal Register</E>
                         on March 31, 2025 (90 FR 14252), during a 60-day comment period. This notice allows for an additional 30 days for public comments.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To ensure consideration, comments regarding this proposed information collection must be received on or before October 20, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at 
                        <E T="03">NOAA.PRA@noaa.gov.</E>
                         Please reference OMB Control Number 0648-0782 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Requests for additional information or specific questions related to collection activities should be directed to Keeley Kent, National Marine Fisheries Service, 7600 Sand Point Way NE, Bldg. 1, Seattle, WA 98115-6349, by phone at (206) 526-4655 or by email at 
                        <E T="03">Keeley.Kent@noaa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Abstract</HD>
                <P>This request is for a revision and extension of a current information collection.</P>
                <P>The success of fisheries management programs depends significantly on the availability of fishery data. As part of this fishery data, the National Marine Fisheries Service (NMFS) requires groundfish fishermen in the trawl and non-trawl fisheries to complete a logbook (see 50 CFR 660.13). The logbook used is a standard format developed by the Pacific Fishery Management Council to collect information necessary to effectively manage the fishery on a coast-wide basis. The logbook collects haul or set-level effort data including time, location, gear type, target strategy, and estimated pounds of fish caught per set. Each logbook entry represents a single fishing trip.</P>
                <P>NMFS contracts with the Pacific States Marine Fisheries Commission (PSMFC) to distribute and collect the logbook data. These data are used regularly by NMFS, the Council, the West Coast Groundfish Observer Program, NMFS Office of Law Enforcement, and the Coast Guard for fisheries management and enforcement.</P>
                <P>Previously, the trawl logbook and non-trawl logbook information collections were separate, this revision would merge the non-trawl logbook information collection from 0648-0804 into the trawl logbook information collection. OMB Control Number 0648-0804 be discontinued upon approval of the revision to 0648-0782.</P>
                <HD SOURCE="HD1">II. Method of Collection</HD>
                <P>The non-trawl logbook is a fully electronic collection utilizing an application operated by PSMFC. The trawl logbook has both paper and electronic options, both administered by PSMFC.</P>
                <HD SOURCE="HD1">III. Data</HD>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0648-0782.
                </P>
                <P>
                    <E T="03">Form Number(s):</E>
                     None.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Regular Submission (revision and extension of a currently approved collection).
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Business or other for-profit organizations.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     338.
                </P>
                <P>
                    <E T="03">Estimated Time per Response:</E>
                     0.5 hour for non-trawl form and 8 hours for trawl form.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     4,552 hours.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Cost to Public:</E>
                     $792.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Mandatory.
                </P>
                <P>
                    <E T="03">Legal Authority:</E>
                     The regulations at § 660.13(a) specify reporting requirements for trawl and non-trawl logbooks.
                </P>
                <HD SOURCE="HD1">IV. Request for Comments</HD>
                <P>
                    This information collection request may be viewed at 
                    <E T="03">www.reginfo.gov.</E>
                     Follow the instructions to view the Department of Commerce collections currently under review by OMB.
                </P>
                <P>
                    Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website 
                    <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function and entering either the title of the collection or the OMB Control Number 0648-0782.
                </P>
                <SIG>
                    <NAME>Sheleen Dumas,</NAME>
                    <TITLE>Departmental PRA Compliance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18104 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XF186]</DEPDOC>
                <SUBJECT>Marine Mammals; File No. 29090</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        National Marine Fisheries Service (NMFS), National Oceanic and 
                        <PRTPAGE P="45023"/>
                        Atmospheric Administration (NOAA), Commerce.
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; receipt of application.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given that Mark Clementz, Ph.D., University of Wyoming, 1000 East University Avenue, Laramie, WY 82071, has applied in due form for a permit to import and export marine mammal parts for scientific research.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments must be received on or before October 20, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species home page, 
                        <E T="03">https://apps.nmfs.noaa.gov,</E>
                         and then selecting File No. 29090 from the list of available applications. These documents are also available upon written request via email to 
                        <E T="03">NMFS.Pr1Comments@noaa.gov</E>
                        .
                    </P>
                    <P>
                        Written comments on this application should be submitted via email to 
                        <E T="03">NMFS.Pr1Comments@noaa.gov</E>
                        . Please include File No. 29090 in the subject line of the email comment.
                    </P>
                    <P>
                        Those individuals requesting a public hearing should submit a written request via email to 
                        <E T="03">NMFS.Pr1Comments@noaa.gov</E>
                        . The request should set forth the specific reasons why a hearing on this application would be appropriate.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Shasta McClenahan, Ph.D., or Jennifer Skidmore, (301) 427-8401.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 
                    <E T="03">et seq.</E>
                    ) and the regulations governing the taking and importing of marine mammals (50 CFR part 216).
                </P>
                <P>
                    The applicant requests a 10-year research permit to import and export parts from bottlenose dolphins (
                    <E T="03">Tursiops truncatus</E>
                    ) to study historical ecology through stable isotope analysis. Parts from up to 50 dolphins per year may be imported and exported from foreign museums and scientific collections.
                </P>
                <P>
                    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.
                </P>
                <P>
                    Concurrent with the publication of this notice in the 
                    <E T="04">Federal Register</E>
                    , NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.
                </P>
                <SIG>
                    <DATED> Dated: September 15, 2025.</DATED>
                    <NAME>Shannon Bettridge,</NAME>
                    <TITLE>Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18020 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED</AGENCY>
                <SUBJECT>Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meeting.</P>
                </ACT>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>October 23, 2025, from 1 p.m. to 4 p.m. ET.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meeting will be held virtually only via Zoom webinar.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Angela Phifer, 355 E Street SW, Suite 325, Washington, DC 20024; (703) 798-5873; 
                        <E T="03">CMTEFedReg@AbilityOne.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Background:</E>
                     The Committee for Purchase From People Who Are Blind or Severely Disabled is an independent Federal agency operating as the U.S. AbilityOne Commission. It oversees the AbilityOne Program, which provides employment opportunities through Federal contracts for people who are blind or have significant disabilities in the manufacture and delivery of products and services to the Federal Government. The Javits-Wagner-O'Day Act (41 U.S.C. chapter 85) authorizes the contracts.
                </P>
                <P>
                    <E T="03">Registration:</E>
                     Attendees 
                    <E T="03">not</E>
                     requesting speaking time should register not later than October 22, 2025. Attendees requesting speaking time must register not later than October 15, 2025, and use the comment fields in the registration form to specify the intended speaking topic(s). The registration link will be available on the Commission's home page, 
                    <E T="03">www.abilityone.gov,</E>
                     under News and Events.
                </P>
                <P>
                    <E T="03">Commission Statement:</E>
                     This regular quarterly meeting will include updates from the Commission Chairperson, Executive Director, and Acting Inspector General. The Commission will also recognize October as National Disability Employment Awareness Month (NDEAM).
                </P>
                <P>
                    <E T="03">Public Participation:</E>
                     The public engagement session will explore nontraditional and emerging service capabilities, including in the professional services category, that the Commission and AbilityOne Program participants should explore to create new employment opportunities for Americans who are blind or have significant disabilities. For the purposes of this session, emerging service capabilities include (1) a new or significantly improved ability to deliver a service, and/or (2) a nascent capability that is currently being tested or employed in the AbilityOne Program. Speakers are also invited to answer the question, “How can the AbilityOne Program identify and prepare for the service jobs of the future?”
                </P>
                <P>The Commission looks forward to receiving comments and suggestions on this important topic. During registration, you may choose to submit comments, or you may request speaking time at the meeting. The Commission may invite some attendees who submit advance comments to discuss their comments during the meeting. Comments submitted will be reviewed by staff and the Commission members before the meeting. Comments posted in the chat box during the meeting will be shared with the Commission members after the meeting. The Commission is not subject to the requirements of 5 U.S.C. 552(b); however, the Commission published this notice to encourage the broadest possible public participation in its meeting.</P>
                <P>
                    <E T="03">Personal Information:</E>
                     Speakers should not include any information that they do not want publicly disclosed.
                </P>
                <SIG>
                    <NAME>Michael R. Jurkowski,</NAME>
                    <TITLE>Director, Business Operations.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18065 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6353-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED</AGENCY>
                <SUBJECT>Procurement List; Proposed Additions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed additions to and deletions from the Procurement List.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Committee is proposing to add service(s) to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before: October 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled, 355 E Street SW, Suite 325, Washington, DC 20024.</P>
                </ADD>
                <FURINF>
                    <PRTPAGE P="45024"/>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For further information or to submit comments contact: Michael R. Jurkowski, Telephone: (703) 489-1322, or email 
                        <E T="03">CMTEFedReg@AbilityOne.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.</P>
                <HD SOURCE="HD1">Additions</HD>
                <P>In accordance with 41 CFR 51-5.3(b), the Committee intends to add these services requirement to the Procurement List as a mandatory purchase only for contracting activities and locations listed, with the proposed qualified nonprofit agencies as the authorized source of supply. Prior to adding the service to the Procurement List, the Committee will consider other pertinent information, including information from Government personnel and relevant comments from interested parties regarding the Committee's intent to geographically limit this services requirement.</P>
                <P>The following services(s) are proposed for addition to the Procurement List for delivery by the nonprofit agencies listed:</P>
                <EXTRACT>
                    <HD SOURCE="HD2">Service(s)</HD>
                    <FP SOURCE="FP-2">
                        <E T="03">Service Type:</E>
                         Janitorial Services
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Mandatory for:</E>
                         ATCT, FAA, Athens, GA
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Authorized Source of Supply:</E>
                         Bobby Dodd Institute, Inc.
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         FEDERAL AVIATION ADMINISTRATION, 697DCK REGIONAL ACQUISITIONS SVCS
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Service Type:</E>
                         Laundry and Linen Service
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Mandatory for:</E>
                         Department of Veteran Affairs, VISN 7, Multiple Locations, GA, SC
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Authorized Source of Supply:</E>
                         Wiregrass Rehabilitation Center, Inc.
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         DEPARTMENT OF VETERANS AFFAIRS, 247-NETWORK CONTRACT OFC 7(00247)
                    </FP>
                </EXTRACT>
                <SIG>
                    <NAME>Michael R. Jurkowski,</NAME>
                    <TITLE>Director, Business Operations.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18064 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6353-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMODITY FUTURES TRADING COMMISSION</AGENCY>
                <SUBJECT>Agency Information Collection Activities Under OMB Review</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Commodity Futures Trading Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be submitted on or before October 20, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection should be submitted within 30 days of this notice's publication to OIRA, at 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain</E>
                        . Please find this particular information collection by selecting “Currently under 30-day Review-Open for Public Comments” or by using the website's search function. Comments can be entered electronically by clicking on the “comment” button next to the information collection on the “OIRA Information Collections Under Review” page, or the “View ICR-Agency Submission” page. A copy of the supporting statement for the collection of information discussed herein may be obtained by visiting 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain</E>
                        .
                    </P>
                    <P>
                        In addition to the submission of comments to 
                        <E T="03">https://Reginfo.gov</E>
                         as indicated above, a copy of all comments submitted to OIRA may also be submitted to the Commodity Futures Trading Commission (the Commission or CFTC) by clicking on the “Submit Comment” box next to the descriptive entry for OMB Control No. 3038-0099, at
                        <E T="03"> https://comments.cftc.gov/FederalRegister/PublicInfo.aspx</E>
                        .
                    </P>
                    <P>Or by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery/Courier:</E>
                         Same as Mail above.
                    </P>
                    <P>
                        All comments must be submitted in English, or if not, accompanied by an English translation. Comments submitted to the Commission should include only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission's regulations.
                        <SU>1</SU>
                        <FTREF/>
                         The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from 
                        <E T="03">https://www.cftc.gov</E>
                         that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the ICR will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act.
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             17 CFR 145.9.
                        </P>
                    </FTNT>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Grey Tanzi,  (312) 596-0635, 
                        <E T="03">gtanzi@cftc.gov;</E>
                         or Roger Smith, (202) 418-5344, 
                        <E T="03">rsmith@cftc.gov</E>
                        ; Division of Market Oversight, Commodity Futures Trading Commission, 77 West Jackson Boulevard, Suite 800, Chicago, IL 60604 and refer to OMB Control No. 3038-0099.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     Process for a Swap Execution Facility or Designated Contract Market to Make a Swap Available to Trade (OMB Control No. 3038-0099).  This is a request for extension of a currently approved information collection.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The collection of information is needed to help determine which swaps should be subject to the trade execution requirement set forth in  section 2(h)(8) of the Commodity Exchange Act. A swap execution facility (“SEF”) or designated contract market (“DCM”) that submits a determination that a swap is available to trade must address at least one of several factors demonstrating that the swap is suitable for trading pursuant to the trade execution requirement. The Commission uses the collection of information to facilitate the application of the trade execution requirement and requirements associated with methods of swap execution under Parts 37 and 38 of the Commission's regulations.
                </P>
                <P>
                    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  On July 3, 2025, the Commission published in the 
                    <E T="04">Federal Register</E>
                     notice of the proposed extension of this information collection and provided 60 days for public comment on the proposed extension, 90 FR 29533 (60-Day Notice). The Commission received one comment from a member of the public. The comment id not address the Commission's request for comment on ways to minimize burden and improve the utility of the collection.  The comment suggested erroneously that “CFTC is not associated with rule 
                    <PRTPAGE P="45025"/>
                    making and the OMB identification number is not correct or associated with the OMB master number.” This collection is, however, associated with the Commission regulations establishing a process for swap execution facilities and designated contract markets to make a swap “available to trade” for purposes of the trade execution requirement. Moreover, the collection has received approval from OMB.
                </P>
                <P>
                    <E T="03">Burden Statement:</E>
                     Sections 37.10 and 38.12 of the Commission's regulations include information collection requirements within the meaning of the PRA. These regulations permit a SEF or DCM to submit a determination that a swap is available to trade to the Commission via filing procedures set forth in Part 40 of the Commission's regulations. The Commission estimates the burden of reviewing the prescribed factors and data to make a determination for this collection to be 16 hours per response.
                </P>
                <P>
                    <E T="03">Respondents/Affected Entities:</E>
                     SEFs, DCMs.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     3.
                </P>
                <P>
                    <E T="03">Estimated Average Burden Hours per Respondent:</E>
                     16.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     48.
                </P>
                <P>
                    <E T="03">Frequency of Collection:</E>
                     On occasion.
                </P>
                <P>There are no capital costs or operating and maintenance costs associated with this collection.</P>
                <EXTRACT>
                    <FP>(Authority: 44 U.S.C. 3501 et seq.)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: September 16, 2025.</DATED>
                    <NAME>Robert Sidman,</NAME>
                    <TITLE>Deputy Secretary of the Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. 2025-18072 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6351-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">CORPORATION FOR NATIONAL AND COMMUNITY SERVICE</AGENCY>
                <SUBJECT>Agency Information Collection Activities; Comment Request; Submission to the Office of Management and Budget for Review and Approval; NCCC Service Project Application</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Corporation for National and Community Service.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, the Corporation for National and Community Service (operating as AmeriCorps) is proposing to renew an information collection.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Written comments must be submitted to the individual and office listed in the 
                        <E T="02">ADDRESSES</E>
                         section by October 20, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Sarah Reynolds, Lead Program Analyst, AmeriCorps NCCC at (202) 606-6956 or by email at 
                        <E T="03">sreynolds@americorps.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The OMB is particularly interested in comments which:</P>
                <P>• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of CNCS, including whether the information will have practical utility;</P>
                <P>• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions;</P>
                <P>• Propose ways to enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>• Propose ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.</P>
                <HD SOURCE="HD1">Comments</HD>
                <P>
                    A 60-day Notice requesting public comment was published in the 
                    <E T="04">Federal Register</E>
                     on May 2, 2025 at 90 FR 18840. The comment period ended July 1, 2025. One comment was received in response to that notice; the comment stated that the collection of information is necessary. AmeriCorps has decreased the estimated number of respondents, resulting in a decrease in the estimated annual burden hours.
                </P>
                <P>
                    <E T="03">Title of Collection:</E>
                     NCCC Service Project Application.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     3045-0010. 
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Renewal.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     Businesses and organizations (Current and prospective AmeriCorps NCCC project sponsors).
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     500.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     4,125.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The AmeriCorps NCCC Service Project Application is completed by organizations interested in sponsoring an AmeriCorps National Civilian Community Corps (NCCC) team. Each year, AmeriCorps NCCC engages teams of members in projects in communities across the United States. Service projects, which typically last from six to eight weeks, address critical needs in natural and other disasters, infrastructure improvement, environmental stewardship and conservation, energy conservation, and urban and rural development. Members construct and rehabilitate low-income housing, respond to natural disasters, clean up streams, help communities develop emergency plans, and address other local needs. The currently approved information collection is due to expire on September 30, 2025.
                </P>
                <P>
                    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information. All written comments will be available for public inspection on 
                    <E T="03">regulations.gov</E>
                    .
                </P>
                <SIG>
                    <NAME>Walter Goodson,</NAME>
                    <TITLE>Director, AmeriCorps NCCC.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18018 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6050-28-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="45026"/>
                <AGENCY TYPE="N">DEPARTMENT OF EDUCATION</AGENCY>
                <DEPDOC>[Docket No.: ED-2025-SCC-0778]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Comment Request; Independent Living Services for Older Individuals Who Are Blind Annual Report (7-OB)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing a revision of a currently approved information collection request (ICR).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before November 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To access and review all the documents related to the information collection listed in this notice, please use 
                        <E T="03">http://www.regulations.gov</E>
                         by searching the Docket ID number ED-2025-SCC-0778. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at 
                        <E T="03">http://www.regulations.gov</E>
                         by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the 
                        <E T="03">regulations.gov</E>
                         site is not available to the public for any reason, the Department will temporarily accept comments at 
                        <E T="03">ICDocketMgr@ed.gov.</E>
                         Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Rehabilitative Services Administration, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 4B203, Washington, DC 20202-1200.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For specific questions related to collection activities, please contact Zunaira Wasif, 202-245-6518.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department, in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Department is soliciting comments on the proposed information collection request (ICR) that is described below. The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.</P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Independent Living Services for Older Individuals Who are Blind Annual Report (7-OB).
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1820-0608.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     A revision of a currently approved ICR.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     State, Local, and Tribal Governments.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     56.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     280.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     RSA uses this form to meet the specific data collection requirements of Section 752 of the Rehabilitation Act, as amended by the Workforce Innovation Act (WIOA) and implementing regulations at 34 CFR 367.31(c). Each Designated State Agency (DSA) that administers the ILOIB program is required to submit the RSA-7-OB report annually to the RSA Commissioner within 120 days of the end of the reported fiscal year.
                </P>
                <SIG>
                    <NAME>Ross Santy,</NAME>
                    <TITLE>Chief Data Officer, Office of Planning, Evaluation and Policy Development.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18063 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
                <SUBJECT>Withdrawal of Notices Inviting Applications (NIA) and Cancellation of the Competitions for the Strengthening Alaska Native and Native Hawaiian-Serving Institutions Part A (ANNH Part A), Strengthening Asian American and Native American Pacific Islander-Serving Institutions Part A (AANAPISI Part A), Strengthening Native American-Serving Nontribal Institutions Part A (NASNTI Part A) and Developing Hispanic-Serving Institutions programs (DHSI)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Postsecondary Education, Department of Education.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; cancellation.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Education (Department) withdraws the NIAs for fiscal year (FY) 2025 for new awards under the ANNH Part A, AANAPISI Part A, NASNTI Part A, and DHSI programs.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The Notices Inviting Applications published in the 
                        <E T="04">Federal Register</E>
                         on June 3, 2025 (90 FR 23520) and July 14, 2025 (90 FR 31190, 90 FR 31181, and 90 FR 31176) are withdrawn and the competitions cancelled as of September 18, 2025.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Victor Shirley, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone: (202) 987-1554. Email: 
                        <E T="03">OPEGrants@ed.gov</E>
                        .
                    </P>
                    <P>If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    On June 3 and July 14, 2025, the Department published NIAs for each of the aforementioned programs in the 
                    <E T="04">Federal Register</E>
                    . The Department is withdrawing these NIAs following the U.S. Solicitor General's July 2025 determination that the Hispanic-Serving Institutions (HSI) programs violate the equal protection component of the Fifth Amendment's Due Process Clause. As a result, the Department of Justice has declined to defend the programs in ongoing litigation.
                </P>
                <P>The Department agrees that the racial quotas in the HSI programs are unconstitutional and, consequently, has decided to cancel the DHSI competition. In addition, due to similar issues with all MSI programs, including ANNH Part A, AANAPISI Part A, and NASNTI Part A, the Department is also canceling these competitions.</P>
                <P>
                    <E T="03">Intergovernmental Review:</E>
                     This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79.
                    <PRTPAGE P="45027"/>
                </P>
                <P>
                    <E T="03">Accessible Format:</E>
                     On request to the program contact person listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    , individuals with disabilities can obtain this notice and the NIA 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, compact disc, or other accessible format.
                </P>
                <P>
                    <E T="03">Electronic Access to This Document:</E>
                     The official version of this document is the document published in the 
                    <E T="04">Federal Register</E>
                    . You may access the official edition of the 
                    <E T="04">Federal Register</E>
                     and the Code of Federal Regulations at 
                    <E T="03">www.govinfo.gov</E>
                    . At this site, you can view this document, as well as all other Department documents published in the 
                    <E T="04">Federal Register</E>
                    <E T="03">,</E>
                     in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.
                </P>
                <P>
                    You may also access Department documents published in the 
                    <E T="04">Federal Register</E>
                     by using the article search feature at 
                    <E T="03">www.federalregister.gov</E>
                    . Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.
                </P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <EXTRACT>
                    <P>
                        This document of the U.S. Department of Education was signed on September 15, 2025, by Christopher J. McCaghren, ED.D., 
                        <E T="03">Acting Assistant Secretary Office of Postsecondary Education</E>
                        . 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 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </EXTRACT>
                <SIG>
                    <NAME>Tracey St. Pierre,</NAME>
                    <TITLE>Director, Office of Executive Secretariat, Office of the Secretary, U.S. Department of Education.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18019 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
                <SUBJECT>2024-2025 Award Year Deadline Dates for Reports and Other Records Associated With the Free Application for Federal Student Aid (FAFSA), the Federal Supplemental Educational Opportunity Grant (FSEOG) Program, the Federal Work-Study (FWS) Program, the Federal Pell Grant Program, the William D. Ford Federal Direct Loan Program, and the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Student Aid (FSA), Department of Education.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        For each award year, the Secretary publishes in the 
                        <E T="04">Federal Register</E>
                         a notice announcing deadline dates for the receipt of documents and other information from applicants and institutions participating in certain Federal student aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA), for the 2024-2025 award year. This updated notice supersedes the 2024-2025 Award Year deadline dates for reports and other records associated with the Free Application for Federal Student Aid (FAFSA), the Federal Supplemental Educational Opportunity Grant (FSEOG) Program, the Federal Work-Study (FWS) Program, the Federal Pell Grant Program, the William D. Ford Federal Direct Loan Program, and the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program (89 FR 76459) published on September 18, 2024.
                    </P>
                    <P>The Federal student aid programs (title IV, HEA programs) covered by this deadline date notice are the Pell Grant, Direct Loan, TEACH Grant, and Campus-Based (FSEOG and FWS) programs. These programs, administered by the Department of Education (Department), provide financial assistance to students attending eligible postsecondary educational institutions to help them pay their educational costs. Assistance Listing Numbers: 84.007 FSEOG Program; 84.033 FWS Program; 84.063 Pell Grant Program; 84.268 Direct Loan Program; and 84.379 TEACH Grant Program.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                          
                        <E T="03">Deadline and Submission Dates:</E>
                         See Tables A and B at the end of this notice.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Heather Hall Lewis, U.S. Department of Education, Federal Student Aid. Telephone: (202) 453-6519. Email: 
                        <E T="03">heather.halllewis@ed.gov</E>
                        .
                    </P>
                    <P>If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Deadline Update:</E>
                     The Department is extending the deadline date for the receipt of corrections, notices of change of address or institution, or requests for a duplicate FAFSA Submission Summary to September 29, 2025. Further, the Department is extending the deadline for an institution to receive an Institutional Student Information Record (ISIR) or FAFSA Submission Summary to September 30, 2025, or the student's last date of enrollment for the 2024-25 award year, whichever is earlier. In addition, we removed all references to identity verification reporting requirements for V4/V5 Verification Tracking Groups since, as noted in electronic announcement GENERAL-25-36, reporting verification of identity is not required for the 2024-25 award year. For verification purposes, verification documents must be received by the institution no later than 120 days after the student's last date of enrollment for the 2024-2025 award year or September 30, 2025, whichever is earlier. These dates were updated in Table A below.
                </P>
                <P>
                    <E T="03">Table A—2024-2025 Award Year Deadline Dates by Which a Student Must Submit the FAFSA, by Which the Institution Must Receive the Student's Institutional Student Information Record (ISIR) or FAFSA Submission Summary, and by Which the Institution Must Submit Verification Outcomes for Certain Students.</E>
                </P>
                <P>Table A provides information and deadline dates for receipt of the FAFSA, corrections to and signatures for the FAFSA, ISIRs, and FAFSA Submission Summary, and verification documents.</P>
                <P>The deadline date for the receipt of a FAFSA by the Department's FAFSA Processing System (FPS) is June 30, 2025, regardless of the method that the applicant uses to submit the FAFSA. The deadline date for the receipt of corrections, notices of change of address or institution, or requests for a duplicate FAFSA Submission Summary is September 29, 2025.</P>
                <P>
                    For all title IV, HEA programs, an ISIR or FAFSA Submission Summary for the student must be received by the institution no later than the student's last date of enrollment for the 2024-2025 award year or September 30, 2025, whichever is earlier. Note that a FAFSA must be submitted and an ISIR or FAFSA Submission Summary received for the dependent student for whom a parent is applying for a Direct PLUS Loan.
                    <PRTPAGE P="45028"/>
                </P>
                <P>Except for students selected for Verification Tracking Groups V4 and V5, verification documents must be received by the institution no later than 120 days after the student's last date of enrollment for the 2024-2025 award year or September 30, 2025, whichever is earlier. For all title IV, HEA programs except for (1) Direct PLUS Loans that will be made to parent borrowers, and (2) Direct Unsubsidized Loans that will be made to dependent students who have been determined by the institution, pursuant to section 479A(a) of the HEA, to be eligible for such a loan without providing parental information on the FAFSA, the ISIR or FAFSA Submission Summary must have an official Student Aid Index (SAI) and the ISIR or FAFSA Submission Summary must be received by the institution no later than the earlier of the student's last date of enrollment for the 2024-2025 award year or September 30, 2025. For the two exceptions mentioned above, the ISIR or FAFSA Submission Summary must be received by the institution by the same dates noted in this paragraph but the ISIR or FAFSA Submission Summary is not required to have an official SAI.</P>
                <P>For a student who is requesting aid through the Pell Grant, FSEOG, or FWS programs or for a student requesting Direct Subsidized Loans, who does not meet the conditions for a late disbursement under 34 CFR 668.164(j), a valid ISIR or valid FAFSA Submission Summary must be received by the institution by the student's last date of enrollment for the 2024-2025 award year or September 30, 2025, whichever is earlier. Additionally, for the 2024-2025 Award Year, the Department is providing additional flexibilities for students who applied via the paper FAFSA form and were enrolled only for the 2024 summer term. An institution that receives an ISIR for a student who was enrolled for the summer term and is no longer enrolled, and who, if not for the delay of the processing of paper FAFSA forms, would have otherwise been eligible to receive title IV program funds, may still award and disburse the funds, subject to all other late disbursement requirements. For this exception to apply, the ISIR or FAFSA Submission Summary must have an Application Receipt Date on or before the student's last date of enrollment for the summer term but the ISIR or FAFSA Submission Summary is not required to have an official SAI.</P>
                <P>In accordance with 34 CFR 668.164(j)(4)(i), an institution may not make a late disbursement of title IV, HEA program funds later than 180 days after the date of the institution's determination that the student was no longer enrolled. Table A provides that, to make a late disbursement of title IV, HEA program funds, an institution must receive a valid ISIR or valid FAFSA Submission Summary no later than 180 days after its determination that the student was no longer enrolled, but not later than September 30, 2025.</P>
                <P>
                    <E T="03">Table B—2024-2025 Award Year Deadline Dates By Which an Institution Must Submit Disbursement Information For the Pell Grant, Direct Loan, and TEACH Grant Programs.</E>
                </P>
                <P>For the Pell Grant, Direct Loan, and TEACH Grant programs, Table B provides the earliest disbursement date, the earliest dates for institutions to submit disbursement records to the Department's Common Origination and Disbursement (COD) System, and deadline dates by which institutions must submit disbursement and origination records.</P>
                <P>For the 2024-25 Award Year, an institution must submit Pell Grant, Direct Loan, and TEACH Grant disbursement records to COD, no later than November 30, 2024 or 15 days after making the disbursement or becoming aware of the need to adjust a previously reported disbursement, whichever is later. In accordance with 34 CFR 668.164(a), title IV, HEA program funds are disbursed on the date that the institution: (a) credits those funds to a student's account in the institution's general ledger or any subledger of the general ledger; or (b) pays those funds to a student directly. Title IV, HEA program funds are disbursed even if an institution uses its own funds in advance of receiving program funds from the Department.</P>
                <P>An institution's failure to submit disbursement records within the required timeframe may result in the Department rejecting all or part of the reported disbursement. Such failure may also result in an audit or program review finding or the initiation of an adverse action, such as a fine or other penalty for such failure, in accordance with subpart G of the General Provisions regulations in 34 CFR part 668.</P>
                <P>
                    <E T="03">Deadline Dates for Enrollment Reporting by Institutions.</E>
                </P>
                <P>
                    In accordance with 34 CFR 674.19(f), 682.610(c), 685.309(b), and 690.83(b)(2), upon receipt of an enrollment report from the Secretary, institutions must update all information included in the report and return the report to the Secretary in a manner and format prescribed by the Secretary and within the timeframe prescribed by the Secretary. Consistent with the 
                    <E T="03">National Student Loan Data System (NSLDS) Enrollment Reporting Guide,</E>
                     the Secretary has determined that institutions must report at least every two months. Institutions may find the 
                    <E T="03">NSLDS Enrollment Reporting Guide</E>
                     in the “Knowledge Center” via Federal Student Aid's (FSA) Partner Connect website at: 
                    <E T="03">https://fsapartners.ed.gov/knowledge-center</E>
                    .
                </P>
                <P>
                    <E T="03">Other Sources for Detailed Information</E>
                    .
                </P>
                <P>
                    We publish a detailed discussion of the FAFSA application process in the Application and Verification Guide volume of the 2024-2025 
                    <E T="03">Federal Student Aid Handbook</E>
                     and in Volume 6 of the 2024-2025 
                    <E T="03">FAFSA Specifications Guide</E>
                    .
                </P>
                <P>
                    Information on the institutional reporting requirements for the Pell Grant, Direct Loan, Federal Work-Study, and TEACH Grant programs is included in the 2024-2025 
                    <E T="03">Common Origination and Disbursement (COD) Technical Reference</E>
                    . Also, see the 
                    <E T="03">NSLDS Enrollment Reporting Guide</E>
                    .
                </P>
                <P>
                    You may access these publications by visiting the “Knowledge Center” via FSA's Partner Connect website at: 
                    <E T="03">https://fsapartners.ed.gov/knowledge-center</E>
                    .
                </P>
                <P>
                    Additionally, the 2024-2025 award year reporting deadline dates for the Federal Perkins Loan, FWS, and FSEOG programs were published in the 
                    <E T="04">Federal Register</E>
                     on January 23, 2024 (89 FR 4284).
                </P>
                <P>
                    <E T="03">Applicable Regulations:</E>
                     The following regulations apply:
                </P>
                <P>(1) Student Assistance General Provisions, 34 CFR part 668.</P>
                <P>(2) Federal Pell Grant Program, 34 CFR part 690.</P>
                <P>(3) William D. Ford Direct Loan Program, 34 CFR part 685.</P>
                <P>(4) Teacher Education Assistance for College and Higher Education Grant Program, 34 CFR part 686.</P>
                <P>(5) Federal Work-Study Programs, 34 CFR part 675.</P>
                <P>(6) Federal Supplemental Education Opportunity Grant Program, 34 CFR part 676.</P>
                <P>
                    <E T="03">Accessible Format:</E>
                     On request to the program contact person listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    , 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.
                </P>
                <P>
                    <E T="03">Electronic Access to This Document:</E>
                     The official version of this document is the document published in the 
                    <E T="04">Federal Register</E>
                    . You may access the official edition of the 
                    <E T="04">Federal Register</E>
                     and the Code of Federal Regulations at 
                    <E T="03">www.govinfo.gov</E>
                    . At this site you can 
                    <PRTPAGE P="45029"/>
                    view this document, as well as all other Department documents published in the 
                    <E T="04">Federal Register</E>
                    , in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.
                </P>
                <P>
                    You may also access Department documents published in the 
                    <E T="04">Federal Register</E>
                     by using the article search feature at 
                    <E T="03">www.federalregister.gov</E>
                    . Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.
                </P>
                <P>
                    <E T="03">Program Authority:</E>
                     20 U.S.C. 1070a, 1070b-4, 1070g, 1070h, 1087a-1087j, 1087aa-1087ii, and 1087-51-1087-58.
                </P>
                <SIG>
                    <NAME>James Bergeron,</NAME>
                    <TITLE>Acting Chief Operating Officer, Federal Student Aid.</TITLE>
                </SIG>
                <GPOTABLE COLS="4" OPTS="L2,nj,p7,7/8,i1" CDEF="s30,r50,r50,r50">
                    <TTITLE>Table A—2024-2025 Award Year Deadline Dates by Which a Student Must Submit the FAFSA, by Which the Institution Must Receive the Student's Institutional Student Information Record (ISIR) or FAFSA Submission Summary, and by Which the Institution Must Submit Verification Outcomes for Certain Students</TTITLE>
                    <BOXHD>
                        <CHED H="1">Who submits?</CHED>
                        <CHED H="1">What is submitted?</CHED>
                        <CHED H="1">Where is it submitted?</CHED>
                        <CHED H="1">What is the deadline date for receipt?</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Student</ENT>
                        <ENT>
                            FAFSA—
                            <E T="03">fafsa.gov</E>
                             (original or renewal)
                        </ENT>
                        <ENT>Electronically to the Department's FAFSA Processing System (FPS)</ENT>
                        <ENT>June 30, 2025.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student</ENT>
                        <ENT>A paper original FAFSA</ENT>
                        <ENT>To the address printed on the FAFSA</ENT>
                        <ENT>June 30, 2025.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student</ENT>
                        <ENT>
                            Electronic corrections to the FAFSA using 
                            <E T="03">fafsa.gov</E>
                        </ENT>
                        <ENT>Electronically to the Department's FPS</ENT>
                        <ENT>
                            September 29, 2025.
                            <SU>1</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student through an Institution</ENT>
                        <ENT>Electronic corrections to the FAFSA</ENT>
                        <ENT>Electronically to the Department's FPS using “FAFSA Partner Portal”</ENT>
                        <ENT>
                            September 29, 2025.
                            <SU>1</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student</ENT>
                        <ENT>Paper corrections to the FAFSA using a FAFSA Submission Summary, including change of mailing and email addresses and change of institutions</ENT>
                        <ENT>To the address printed on the FAFSA Submission Summary</ENT>
                        <ENT>September 29, 2025.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student</ENT>
                        <ENT>A FAFSA Submission Summary with an official SAI calculated by the Department's FPS, except for Parent PLUS Loans and Direct Unsubsidized Loans made to a dependent student under HEA section 479A(a), for which the FAFSA Submission Summary does not need to have an official SAI</ENT>
                        <ENT>To the institution</ENT>
                        <ENT>
                            The earlier of:
                            <LI O="oi3">—The student's last date of enrollment for the 2024-2025 award year; or</LI>
                            <LI O="oi3">
                                —September 30, 2025.
                                <SU>2</SU>
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student through FPS</ENT>
                        <ENT>An ISIR with an official SAI calculated by the Department's FPS, except for Parent PLUS Loans and Direct Unsubsidized Loans made to a dependent student under HEA section 479A(a), for which the ISIR does not need to have an official SAI</ENT>
                        <ENT>To the institution from the Department's FPS</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student</ENT>
                        <ENT>Valid FAFSA Submission Summary (Pell Grant, FSEOG, FWS, and Direct Subsidized Loans)</ENT>
                        <ENT>To the institution</ENT>
                        <ENT>Except for a student meeting the conditions for a late disbursement under 34 CFR 668.164(j), the earlier of:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student through FPS</ENT>
                        <ENT>Valid ISIR (Pell Grant, FSEOG, FWS, and Direct Subsidized Loans)</ENT>
                        <ENT>To the institution from the Department's FPS</ENT>
                        <ENT O="oi3">
                            —The student's last date of enrollment for the 2024-2025 award year; or
                            <LI O="oi3">
                                —September 30,2025.
                                <SU>2</SU>
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student</ENT>
                        <ENT>Valid FAFSA Submission Summary (Pell Grant, FSEOG, FWS, and Direct Subsidized Loans)</ENT>
                        <ENT>To the institution</ENT>
                        <ENT>For a student receiving a late disbursement under 34 CFR 668.164(j)(4)(i), the earlier of:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student through FPS</ENT>
                        <ENT>Valid ISIR (Pell Grant, FSEOG, FWS, and Direct Subsidized Loans)</ENT>
                        <ENT>To the institution from the Department's FPS</ENT>
                        <ENT O="oi3">
                            —180 days after the date of the institution's determination that the student withdrew or otherwise became ineligible; or
                            <LI O="oi3">
                                —September 30, 2025.
                                <SU>2</SU>
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Student</ENT>
                        <ENT>Verification documents</ENT>
                        <ENT>To the institution</ENT>
                        <ENT>
                            The earlier of: 
                            <SU>3</SU>
                            <LI O="oi3">—120 days after the student's last date of enrollment for the 2024-2025 award year; or</LI>
                            <LI O="oi3">
                                —September 30, 2025.
                                <SU>2</SU>
                            </LI>
                        </ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         The deadline for electronic transactions is 11:59 p.m. (Central Time) on the deadline date. Transmissions must be completed and accepted before 12:00 midnight to meet the deadline. If transmissions are started before 12:00 midnight but are not completed until after 12:00 midnight, those transmissions do not meet the deadline. In addition, any transmission submitted on or just prior to the deadline date that is rejected may not be reprocessed because the deadline will have passed by the time the user gets the information notifying them of the rejection.
                    </TNOTE>
                    <TNOTE>
                        <SU>2</SU>
                         The date the ISIR/FAFSA Submission Summary transaction was processed by FPS is considered to be the date the institution received the ISIR or FAFSA Submission Summary regardless of whether the institution has downloaded the ISIR from its Student Aid Internet Gateway (SAIG) mailbox or when the student submits the FAFSA Submission Summary to the institution. For the 2024-25 Award Year, as published by the Department in the July 30, 2024 Electronic Announcement (GENERAL-24-94), institutions have additional flexibilities for students who applied via the paper FAFSA form and were enrolled only for the 2024 summer term. An institution may still award and disburse funds for a student that is no longer enrolled for the 2024-25 Award Year if the following criteria are met: (a) the institution receives an ISIR or FAFSA Submission Summary for the student; (b) the student applied via the paper FAFSA form; (c) the student was enrolled during the 2024 summer term but is no longer enrolled; (d) the Application Receipt Date on the ISIR or FAFSA Submission Summary is on or before the student's last date of enrollment; and (3) the student was otherwise eligible to receive title IV program funding, subject to all other late disbursement requirements. For more information, please visit: 
                        <E T="03">https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2024-07-30/updates-2024-25-fafsa-paper-processing.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>3</SU>
                         Although the Secretary has set this deadline date for the submission of verification documents, if corrections are required, deadline dates for submission of paper or electronic corrections and, for Pell Grant applicants and applicants selected for verification, deadline dates for the submission of a valid FAFSA Submission Summary or valid ISIR to the institution must still be met. An institution may establish an earlier deadline for the submission of verification documents for purposes of the campus-based programs and the Direct Loan Program, but it cannot be later than this deadline date.
                    </TNOTE>
                </GPOTABLE>
                <PRTPAGE P="45030"/>
                <GPOTABLE COLS="5" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,r50,r100,r50,r100">
                    <TTITLE>
                        Table B—2024-2025 Award Year Deadline Dates By Which an Institution Must Submit Disbursement Information For the Pell Grant, Direct Loan and TEACH Grant Programs 
                        <SU>1</SU>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Which program?</CHED>
                        <CHED H="1">What is submitted?</CHED>
                        <CHED H="1">Under what circumstances is it submitted?</CHED>
                        <CHED H="1">Where is it submitted?</CHED>
                        <CHED H="1">
                            What are the deadlines for disbursement and for submission of records and 
                            <LI>information?</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Pell Grant, Direct Loan, and TEACH Grant Programs</ENT>
                        <ENT>An origination or disbursement record</ENT>
                        <ENT>The institution has made or intends to make a disbursement</ENT>
                        <ENT>
                            To the Common Origination and Disbursement (COD) System using the Student Aid Internet Gateway (SAIG); or to the COD System using the COD website at: 
                            <E T="03">https://cod.ed.gov</E>
                        </ENT>
                        <ENT>
                            The earliest disbursement date for the Pell Grant is January 31, 2024.
                            <LI>The earliest disbursement date for Direct Loan Program is October 1, 2023.</LI>
                            <LI>The earliest disbursement date for TEACH Grant Program is January 1, 2024.</LI>
                            <LI>The earliest submission date for anticipated disbursement information is April 21, 2024.</LI>
                            <LI>The earliest submission date for actual dis-</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT> bursement information is April 21, 2024, but no earlier than:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="oi3">(a) 7 calendar days prior to the disbursement date under the advance payment method or the Heightened Cash Monitoring Payment Method 1 (HCM1); or</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="oi3">(b) The disbursement date under the reimbursement or the Heightened Cash Monitoring Payment Method 2 (HCM2).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Pell Grant and TEACH Grant Programs</ENT>
                        <ENT>An origination or disbursement record</ENT>
                        <ENT>The institution has made a disbursement and will submit records on or before the deadline submission date</ENT>
                        <ENT>
                            To COD using SAIG; or to COD using the COD website at: 
                            <E T="03">https://cod.ed.gov</E>
                        </ENT>
                        <ENT>
                            The deadline submission date 
                            <SU>2</SU>
                             is the later of:
                            <LI O="oi3">(a) November 30, 2024;</LI>
                            <LI O="oi3">
                                (b) 15 calendar days after the institution makes a disbursement.
                                <SU>3</SU>
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT>Submission of Pell Grant and TEACH Grant disbursement information must occur no later than September 30, 2025.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Direct Loan Program</ENT>
                        <ENT>An origination or disbursement record</ENT>
                        <ENT>The institution has made a disbursement and will submit records on or before the deadline submission date</ENT>
                        <ENT>
                            To COD using SAIG; or to COD using the COD website at: 
                            <E T="03">https://cod.ed.gov</E>
                        </ENT>
                        <ENT>
                            The deadline submission date 
                            <SU>2</SU>
                             is the later of:
                            <LI O="oi3">(a) November 30, 2024; or</LI>
                            <LI O="oi3">
                                (b) 15 calendar days after the institution makes a disbursement.
                                <SU>3</SU>
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT>Submission of Direct Loan disbursement information must occur no later than July 31, 2026.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Pell Grant Program</ENT>
                        <ENT>A downward (decrease) adjustment to an origination or disbursement record</ENT>
                        <ENT>It is after the deadline submission date</ENT>
                        <ENT>
                            To COD using SAIG; or to COD using the COD website at: 
                            <E T="03">https://cod.ed.gov</E>
                        </ENT>
                        <ENT>
                            No later than the earlier of:
                            <LI O="oi3">(a) 15 calendar days after the institution becomes aware of the need to make an adjustment to previously reported data; or</LI>
                            <LI O="oi3">
                                (b) September 30, 2030.
                                <SU>2</SU>
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT>No request for extension to the deadline submission date is required.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">TEACH Grant and Direct Loan Programs</ENT>
                        <ENT>A downward (decrease) adjustment to an origination or disbursement record</ENT>
                        <ENT>It is after the deadline submission date</ENT>
                        <ENT>
                            To COD using SAIG; or to COD using the COD website at 
                            <E T="03">https://cod.ed.gov</E>
                        </ENT>
                        <ENT>
                            No later than 15 calendar days after the institution becomes aware of the need to make an adjustment to previously reported data.
                            <LI>No request for extension to the deadline submission date is required.</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Pell Grant Program</ENT>
                        <ENT>An upward (increase) adjustment to an origination or disbursement record</ENT>
                        <ENT>
                            It is after the deadline submission date and the institution has received approval of its request for an extension to the deadline submission date
                            <LI O="xl">Requests for extensions to the established submission deadlines may be made for reasons including, but not limited to:</LI>
                        </ENT>
                        <ENT>
                            Via the COD website at: 
                            <E T="03">https://cod.ed.gov</E>
                        </ENT>
                        <ENT>
                            No later than the earlier of:
                            <LI O="oi3">(a) 15 calendar days after the institution becomes aware of the need to make an adjustment to previously reported data; or</LI>
                            <LI O="oi3">(b) When the institution is fully reconciled and is ready to submit all additional data for the program and the award year; or</LI>
                            <LI O="oi3">(c) September 30, 2030.</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">TEACH Grant and Direct Loan Programs</ENT>
                        <ENT>An upward (increase) adjustment or a new origination or disbursement record</ENT>
                        <ENT O="oi3" O1="xl">
                            (a) A program review or initial audit finding under 34 CFR 690.83;
                            <LI O="oi3" O1="xl">(b) A late disbursement under 34 CFR 668.164(j); or</LI>
                            <LI O="oi3" O1="xl">(c) Disbursements previously blocked as a result of another institution failing to post a downward adjustment.</LI>
                        </ENT>
                        <ENT/>
                        <ENT>
                            No later than the earlier of:
                            <LI O="oi3">(a) 15 calendar days after the institution becomes aware of the need to make an adjustment to previously reported data; or</LI>
                            <LI O="oi3">(b) When the institution is fully reconciled and is ready to submit all additional data for the program and the award year.</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Pell Grant Program</ENT>
                        <ENT>An origination or disbursement record</ENT>
                        <ENT>It is after the deadline submission date and the institution has received approval of its request for an extension to the deadline submission date based on a natural disaster, other unusual circumstances, or an administrative error made by the Department</ENT>
                        <ENT>
                            Via the COD website at: 
                            <E T="03">https://cod.ed.gov</E>
                        </ENT>
                        <ENT>
                            The earlier of:
                            <LI O="oi3">(a) A date designated by the Secretary after consultation with the institution; or</LI>
                            <LI O="oi3">(b) February 1, 2026.</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="45031"/>
                        <ENT I="01">Pell Grant Program</ENT>
                        <ENT>An origination or disbursement record</ENT>
                        <ENT>
                            It is after the deadline submission date and the institution has received approval of its request for administrative relief to extend the deadline submission date based on a student's reentry to the institution within 180 days after initially withdrawing 
                            <SU>4</SU>
                        </ENT>
                        <ENT>
                            Via the COD website at: 
                            <E T="03">https://cod.ed.gov</E>
                        </ENT>
                        <ENT>
                            The earlier of:
                            <LI O="oi3">(a) 15 days after the student reenrolls; or</LI>
                            <LI O="oi3">(b) May 3, 2026.</LI>
                        </ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         A COD Processing Year is a period of time in which institutions are permitted to submit Direct Loan records to the COD System that are related to a given award year. For a Direct Loan, the period of time includes loans that have a loan period covering any day in the 2024-2025 award year.
                    </TNOTE>
                    <TNOTE>
                        <SU>2</SU>
                         Transmissions must be completed and accepted before the designated processing time on the deadline submission date. The designated processing time is published annually via an electronic announcement posted to the Knowledge Center via FSA's Partner Connect website at: 
                        <E T="03">https://fsapartners.ed.gov/knowledge-center</E>
                        . If transmissions are started at the designated time, but are not completed until after the designated time, those transmissions will not meet the deadline. In addition, any transmission submitted on or just prior to the deadline date that is rejected may not be reprocessed because the deadline will have passed by the time the user gets the information notifying him or her of the rejection.
                    </TNOTE>
                    <TNOTE>
                        <SU>3</SU>
                         A temporary extension of the deadline for reporting disbursement records to the COD System was published by the Department in the July 30, 2024 Electronic Announcement (GENERAL-24-94). For more information, please visit: 
                        <E T="03">https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2024-07-30/updates-2024-25-fafsa-paper-processing</E>
                        .
                    </TNOTE>
                    <TNOTE>
                        <SU>4</SU>
                         Applies only to students enrolled in clock-hour and nonterm credit-hour educational programs.
                    </TNOTE>
                    <TNOTE>
                        <E T="02">Note:</E>
                         The COD System must accept origination data for a student from an institution before it accepts disbursement information from the institution for that student. Institutions may submit origination and disbursement data for a student in the same transmission. However, if the origination data is rejected, the disbursement data is rejected.
                    </TNOTE>
                </GPOTABLE>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18016 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
                <SUBJECT>Withdrawal of Notices Inviting Applications (NIA) and Cancellation of the Competitions for the High School Equivalency Program (HEP) and the College Assistance Migrant Program (CAMP)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Elementary and Secondary Education, Department of Education.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; cancellation.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Education (Department) withdraws the NIAs for fiscal year (FY) 2025 for new awards under HEP and CAMP.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The Notices Inviting Applications published in the 
                        <E T="04">Federal Register</E>
                         on August 30, 2024 (89 FR 70604 and 89 FR 70610) are withdrawn and the competitions cancelled as of September 18, 2025.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Dylan Hart-Medina, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone: (202) 987-1705. Email: 
                        <E T="03">Dylan.Hart-Medina@ed.gov</E>
                        .
                    </P>
                    <P>If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    On August 30, 2024, the Department published NIAs for each of the aforementioned programs in the 
                    <E T="04">Federal Register</E>
                    . The Department is withdrawing these NIAs and cancelling the competition for FY 2025 new award funding under these programs. This decision ensures that all priorities and requirements for Department programs align with the objectives established by the Trump Administration.
                </P>
                <P>
                    <E T="03">Intergovernmental Review:</E>
                     This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79.
                </P>
                <P>
                    <E T="03">Accessible Format:</E>
                     On request to the program contact person listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    , individuals with disabilities can obtain this notice and the NIA 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, compact disc, or other accessible format.
                </P>
                <P>
                    <E T="03">Electronic Access to This Document:</E>
                     The official version of this document is the document published in the 
                    <E T="04">Federal Register</E>
                    . You may access the official edition of the 
                    <E T="04">Federal Register</E>
                     and the Code of Federal Regulations at 
                    <E T="03">www.govinfo.gov</E>
                    . At this site, you can view this document, as well as all other Department documents published in the 
                    <E T="04">Federal Register</E>
                    , in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.
                </P>
                <P>
                    You may also access Department documents published in the 
                    <E T="04">Federal Register</E>
                     by using the article search feature at 
                    <E T="03">www.federalregister.gov</E>
                    . Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.
                </P>
                <SIG>
                    <NAME>Hayley B. Sanon,</NAME>
                    <TITLE>Principal Deputy Assistant Secretary and Acting Assistant Secretary, Office of Elementary and Secondary Education.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18052 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
                <SUBJECT>Agency Information Collection Extension</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Energy (DOE), pursuant to the Paperwork Reduction Act of 1995, intends to revise and extend for three years, an information collection request with the Office of Management and Budget (OMB). The revision of the collection of information relates to DOE's recognition for 50001 Ready and ISO 50001 certification, OMB Control No. 1910-5177.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Comments regarding this proposed information collection must be received on or before November 17, 2025. If you anticipate any difficulty in submitting comments within that period, contact the person listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section as soon as possible.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments may be sent to Anne Hampson, EE-5A/Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585, or by email at 
                        <E T="03">anne.hampson@ee.doe.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Anne Hampson, EE-5A/Forrestal Building, 1000 Independence Avenue 
                        <PRTPAGE P="45032"/>
                        SW, Washington, DC 20585; telephone: (240) 780-6132; email at 
                        <E T="03">anne.hampson@ee.doe.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>Comments are invited on: (a) Whether the extended collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.</P>
                <P>This information collection request contains:</P>
                <P>
                    (1) 
                    <E T="03">OMB No.:</E>
                     1910-5177;
                </P>
                <P>
                    (2) 
                    <E T="03">Information Collection Request Titled:</E>
                     Department of Energy Recognition for 50001 Ready and ISO 50001 Certification Information Collection Request. This information collection request was formerly titled “Department of Energy Superior Energy Performance 50001 Program Certification and 50001 Ready Recognition Information Collection Request” and is being retitled to reflect updated DOE recognition pathways for energy management systems implementation;
                </P>
                <P>
                    (3) 
                    <E T="03">Type of Review:</E>
                     Revision;
                </P>
                <P>
                    (4) 
                    <E T="03">Purpose:</E>
                     This Information Collection Request applies to the Department of Energy (DOE) voluntary recognition pathways for 50001 Ready and ISO 50001 certification for industrial companies, as well as commercial and institutional organizations. The information collection remains necessary to ensure that DOE's recognition offerings continue to deliver energy benefits and value to participants. 50001 Ready recognition is provided to facilities that self-attest their implementation of an energy management system based on the ISO 50001 international energy management system standard. DOE also recognizes organizations and facilities that achieved third-party certification to the ISO 50001 standard.
                </P>
                <P>This request for information consists of a voluntary data collection process for facilities and organizations seeking recognition for ISO 50001-based energy management system implementation and certification: to manage participation, respond to participants, track recognition cycles, and recognize achievements of its participants.</P>
                <P>DOE is proposing revisions to this collection, including the removal of three forms associated with the former Superior Energy Performance 50001 (SEP 50001) program, which was an accredited certification scheme under the American National Standards Institute (ANSI) National Accreditation Board (ANAB). The SEP 50001 Application collected information required to enroll a facility planning to pursue ISO 50001 and SEP 50001 certification. The SEP 50001 Energy Performance Improvement Report collected information from SEP 50001 Verification Bodies to confirm the outcomes of facility certifications. The SEP 50001 Scorecard collected information from facilities that requested elevated levels of recognition for energy management achievements exceeding ISO 50001 and SEP 50001 requirements.</P>
                <P>With the conclusion of SEP 50001, this collection is adding two brief attestation forms that enable ISO 50001-certified facilities and organizations to engage DOE and request recognition. Users self-select a form based on the number of ISO 50001-certified facilities requesting DOE recognition. Individual facilities will use the ISO 50001 Certification Recognition Attestation Form for single sites. Organizations with multiple sites will use the ISO 50001 Certification Recognition Attestation Form for multi-site.</P>
                <P>Facilities and multisite organizations that seek recognition for 50001 Ready or ISO 50001 certification provide background data and basic facility energy use, energy consumption, and energy performance. Background data includes contact information and basic information about the entity requesting DOE recognition. Organizations will self-select which recognition they are requesting and submit one of the following: the 50001 Ready Attestation Form, the ISO 50001 Certification Recognition Form for single sites, or the ISO 50001 Certification Recognition Form for multisite. This data is primarily used to track basic information on recognized facilities and respond to participants' inquiries.</P>
                <P>Basic facility information about energy use, energy consumption, and energy performance is collected in the 50001 Ready Energy Performance Improvement Report. This information is used to administer the recognitions, manage recognition cycles, track the results of ISO 50001-based energy management systems implementation, and enable DOE to evaluate its technical resources and recognition pathways and identify potential improvements to remain relevant to users. DOE's online system, the 50001 Ready Navigator, enables participants to submit all forms electronically. Responses to the DOE's Information Collection Request will be voluntary.</P>
                <P>
                    (5) 
                    <E T="03">Annual Estimated Number of Respondents:</E>
                     400;
                </P>
                <P>
                    (6) 
                    <E T="03">Annual Estimated Number of Total Responses:</E>
                     400;
                </P>
                <P>
                    (7) 
                    <E T="03">Annual Estimated Number of Burden Hours:</E>
                     300;
                </P>
                <P>
                    (8) 
                    <E T="03">Annual Estimated Reporting and Recordkeeping Cost Burden:</E>
                     $20,425.
                </P>
                <P>
                    <E T="03">Statutory Authority:</E>
                     Accelerating Investment in Industrial Energy Efficiency. Executive Order 13624, 77 FR 54779 (Aug. 30, 2012); 42 U.S.C. 16191.
                </P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    This document of the Department of Energy was signed on September 15, 2025, by Abraham Shultz, Director, Industrial Technologies Office, 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 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <DATED>Signed in Washington, DC, on September 16, 2025.</DATED>
                    <NAME>Treena V. Garrett,</NAME>
                    <TITLE>Federal Register Liaison Officer, U.S. Department of Energy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18073 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6450-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBJECT>Accelerating Speed to Power/Winning the Artificial Intelligence Race: Federal Action To Rapidly Expand Grid Capacity and Enable Electricity Demand Growth</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Grid Deployment Office, Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Request for information.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Projected electricity demand growth from data centers, advanced manufacturing facilities, semiconductor fabrication plants, and other large energy users is outpacing the capacity of the existing electric grid. The Department of Energy (DOE) is inviting public input and seeking detailed information via this request for 
                        <PRTPAGE P="45033"/>
                        information (RFI) from state energy offices, public utility commissions, electric utilities, regional transmission organizations and independent system operators, transmission and generation developers, large energy users, and other stakeholders on large-scale generation, transmission, and grid infrastructure projects that can accelerate speed to power to support manufacturing, industrial, and artificial intelligence/data center electricity demand growth. In addition, DOE is requesting stakeholder input on how to best utilize its funding programs and authorities to rapidly expand energy generation and transmission grid capacity to meet electricity demand growth across the country in a reliable and affordable manner.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Responses to the RFI must be received by 5:00 p.m. (ET) on November 21, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Responses must be submitted electronically to 
                        <E T="03">SpeedtoPowerRFI@hq.doe.gov</E>
                         with the subject line: “RFI Response—Accelerating Speed to Power”.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        David Parsons, (240) 474-2279, 
                        <E T="03">SpeedtoPowerRFI@hq.doe.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>Large-scale electricity demand growth is occurring at a pace and scale that presents significant challenges to the U.S. electric grid. In several regions, planned and proposed data centers, semiconductor fabrication plants, manufacturing facilities, and other large loads are driving multi-gigawatt increases in electric demand. Many of these new loads are highly location-specific, have accelerated timelines, and depend on rapid interconnection of reliable electricity supply.</P>
                <P>This growth has exposed gaps in existing infrastructure, including limited transmission capacity, grid congestion, aging grid infrastructure, and delays in interconnection processes for both load and new generation. Long-lead times for transmission and generation development, along with regulatory, permitting, planning, and operational challenges, are threatening the ability of critical projects to meet demand.</P>
                <P>President Trump has issued several executive orders related to energy dominance and AI, aiming to establish American leadership on these issues:</P>
                <P>
                    • 
                    <E T="03">Executive Order 14154: Unleashing American Energy</E>
                     (Jan. 20, 2025): This order establishes a policy to protect the United States's economic and national security and military preparedness by ensuring that an abundant supply of reliable energy is readily accessible in every state and territory of the Nation.
                </P>
                <P>
                    • 
                    <E T="03">Executive Order 14179: Removing Barriers to American Leadership in Artificial Intelligence</E>
                     (Jan. 23, 2025): This order establishes a policy of the United States to sustain and enhance America's global artificial intelligence (AI) dominance in order to promote human flourishing, economic competitiveness, and national security.
                </P>
                <P>
                    • 
                    <E T="03">Executive Order 14262: Strengthening the Reliability and Security of the United States Electric Grid</E>
                     (April 8, 2025): This order focuses on strengthening the reliability and security of the U.S. electric grid to meet growing electricity demand.
                </P>
                <P>
                    • 
                    <E T="03">Executive Order 14302: Reinvigorating America's Nuclear Industrial Base</E>
                     (May 23, 2025): This order establishes a policy of the United States to expedite and promote to the fullest possible extent the production and operation of nuclear energy to provide affordable, reliable, safe, and secure energy to the American people.
                </P>
                <P>In support of these policies, DOE is considering actions to strengthen the Federal role in accelerating critical generation and transmission projects to ensure the electric grid can accommodate and enable this growth.</P>
                <HD SOURCE="HD2">Infrastructure Projects</HD>
                <P>DOE seeks to identify large-scale generation, transmission, and grid infrastructure projects that can accelerate speed to power to support manufacturing, industrial, and AI/data center electricity demand growth and would benefit from DOE coordination, technical assistance, and financial support. Specifically, DOE is seeking to identify projects that:</P>
                <P>• Enable a minimum incremental load of 3 gigawatt (GW).</P>
                <P>• Support up to 20 GW of incremental load.</P>
                <P>• Include, but are not limited to:</P>
                <P>○ New inter-regional transmission to support incremental load serving capability (must be at least 1,000 MVA);</P>
                <P>○ Reconductoring of existing lines to support incremental load serving capability (must be at least 500 MVA);</P>
                <P>○ Bringing retired thermal generation facilities back into service or otherwise using the existing interconnection capacity to provide reliable power generation; and</P>
                <P>○ Construction of new generation or portfolios of new generation assets.</P>
                <HD SOURCE="HD2">DOE Funding Programs and Authorities</HD>
                <P>In addition, DOE administers a number of funding programs and authorities that may be leveraged to support grid infrastructure, power system investments, and expansion of generation, transmission, and distribution capacity to serve large electric loads.</P>
                <P>These programs and authorities include:</P>
                <P>
                    • 
                    <E T="03">Transmission Facilitation Program (TFP):</E>
                     The Grid Deployment Office administers borrowing authority to support the build out of new interregional transmission lines across the country, authorized by 42 U.S.C. 18713. Through this program, DOE serves as an “anchor customer” by entering into capacity contracts for new, upgraded, or expanded transmission lines. Through the TFP, DOE takes long-term financial positions in transmission capacity to de-risk large transmission projects and help overcome the financial hurdles in the development of large-scale new transmission lines and upgrading existing transmission.
                </P>
                <P>
                    • 
                    <E T="03">Grid Resilience and Innovation Partnerships (GRIP) Program:</E>
                     GRIP provides funding to enhance optimization and accelerate the deployment of transformative projects that strengthen the reliability and resilience of power system infrastructure, authorized by 42 U.S.C. 17386,18711, and 18712. DOE offers competitive funding to support transmission projects, improve system optimization, and deploy advanced grid technologies. Eligible activities include substation upgrades, grid hardening, advanced control systems, and innovative approaches to enhance reliability and improve transmission, storage, and other regional energy infrastructure.
                </P>
                <P>
                    • 
                    <E T="03">Loans and Loan Guarantees:</E>
                     DOE's Loan Programs Office (LPO) administers a portfolio of energy projects and advanced technology facilities across the country through Title 17 and other authorities supporting grid infrastructure and electricity generation projects, including high-voltage transmission, generation, grid upgrades, and integrated systems that support load growth.
                </P>
                <P>
                    • 
                    <E T="03">Technical Assistance:</E>
                     DOE also provides key decision-makers and electric industry stakeholders with technical assistance and access to advanced modeling and analytical capabilities of the DOE National Laboratories to address grid modernization and infrastructure investment challenges.
                </P>
                <P>
                    Through this RFI, DOE seeks to develop and refine Federal funding and technical assistance programs to help state and local governments, utilities, grid operators, large load customers, and other stakeholders address grid 
                    <PRTPAGE P="45034"/>
                    infrastructure constraints and meet new demand in a timely and efficient manner.
                </P>
                <HD SOURCE="HD1">II. RFI Questions</HD>
                <P>DOE requests the interested parties provide the requested information and answers to the questions below. DOE also encourages respondents to submit data, case studies, or other available materials that provide actionable insight to support this RFI.</P>
                <HD SOURCE="HD2">1. Large-Scale Generation and Transmission Projects To Enable Load Growth</HD>
                <P>a. Please identify any specific large-scale generation, transmission, and grid infrastructure proposed projects (under development, in planning, or construction-ready) that should be considered and prioritized by DOE for siting and permitting support, technical assistance, and/or Federal funding (see Section V of this document, “Confidential Business Information,” regarding protection of information and how to submit confidential or proprietary information). Please include detailed project information for each project, including but not limited to:</P>
                <P>i. Project region, name, geographical location, and description, including detailed maps or geospatial data of the project, if available.</P>
                <P>
                    ii. Project type and size (
                    <E T="03">e.g.,</E>
                     100-mile 500 kV transmission line, 1.1 GW nuclear plant, 20 GW data center/grid corridor, etc.).
                </P>
                <P>
                    iii. Current development stage (
                    <E T="03">e.g.,</E>
                     conceptual, environmental planning and permitting, financing, construction-ready).
                </P>
                <P>iv. A description of how the project is critical to meeting confirmed or anticipated large electric loads.</P>
                <P>v. A description of how DOE financial assistance, loan guarantees, or technical assistance could support the project.</P>
                <P>vi. Estimated cost and project timeline.</P>
                <P>vii. Any prior tribal engagements (if applicable).</P>
                <P>viii. Size and characteristics of the load(s) the project is intended to serve.</P>
                <P>ix. Likely clients/project partners.</P>
                <P>x. Amount of funding/capital raised.</P>
                <P>xi. Siting and permitting status.</P>
                <P>xii. Interconnection status.</P>
                <P>xiii. A description of any Federal, state, or local barriers or dependences to project completion.</P>
                <P>
                    xiv. A description of whether the project has engaged with any DOE programs (
                    <E T="03">e.g.,</E>
                     LPO financing, GRIP, TFP, etc.).
                </P>
                <HD SOURCE="HD2">2. High-Priority Geographic Areas for Targeted DOE Investment</HD>
                <P>DOE is interested in identifying geographic areas or zones where targeted Federal investment in transmission, generation, or grid infrastructure could unlock or accelerate large-scale economic activity tied to electric load growth. These may include regions experiencing substantial near-term demand from data centers, manufacturing, or other large load users, as well as areas with untapped development potential constrained by inadequate grid infrastructure.</P>
                <P>
                    a. Are there specific geographic areas or high-priority zones (
                    <E T="03">e.g.,</E>
                     data center corridors, semiconductor clusters, industrial parks, port complexes, etc.) where:
                </P>
                <P>i. Major electric loads are expected or already committed?</P>
                <P>ii. Grid constraints (transmission, generation, or other grid infrastructure) are limiting or delaying economic development?</P>
                <P>iii. DOE investment (financial assistance, loan guarantees, siting and permitting support, technical assistance, etc.) could be targeted to unlock high-value or private investment?</P>
                <P>b. For each specific high-priority zone, please identify the characteristics of the geographic area that support prioritization by DOE, including:</P>
                <P>i. Amount of confirmed or anticipated electric load.</P>
                <P>ii. Availability of energy supply and electricity generation capacity.</P>
                <P>iii. Generation, transmission, or grid infrastructure projects in development that could serve large electric loads.</P>
                <P>iv. Grid constraints that may be alleviated with DOE investment and technical assistance.</P>
                <P>
                    v. Existence of other infrastructure to support build out (
                    <E T="03">e.g.,</E>
                     water resources, telecommunications, etc.).
                </P>
                <P>vi. Any existing planning efforts by states, local jurisdictions, electric utilities, grid operators to identify and designate investment zones or corridors.</P>
                <HD SOURCE="HD2">3. Use of DOE Funding, Financing, and Technical Assistance</HD>
                <P>a. In what specific ways can DOE support the development and deployment of large-scale generation and transmission projects? Please provide concrete examples and suggestions in areas such as:</P>
                <P>
                    i. Financial incentives (
                    <E T="03">e.g.,</E>
                     grants, loans, tax credits, etc.).
                </P>
                <P>ii. Technical assistance and expertise.</P>
                <P>iii. Research and development.</P>
                <P>iv. Streamlining environmental review and permitting processes.</P>
                <P>v. Facilitating stakeholder collaboration.</P>
                <P>vi. Addressing supply chain and workforce vulnerabilities.</P>
                <P>b. What specific authorities, programs, or initiatives within DOE are best positioned to provide this support?</P>
                <P>c. How should DOE prioritize or structure its financial and technical support to advance high-impact generation, transmission, and grid infrastructure projects to serve large electric loads?</P>
                <P>i. How can Federal support best de-risk early-stage infrastructure investment to attract private or other public capital?</P>
                <P>
                    d. Are there gaps in capital availability (
                    <E T="03">e.g.,</E>
                     for utilities, project developers, or certain types of infrastructure) that DOE funding could help bridge?
                </P>
                <P>
                    e. What forms of technical assistance or planning support (
                    <E T="03">e.g.,</E>
                     power flow modeling, capacity expansion planning, load forecasting, interconnection studies, technology operational assessments, technology implementation roadmaps, etc.) would help states, utilities, and project developers more effectively use Federal funding to meet demand?
                </P>
                <P>f. How should DOE coordinate funding across its offices to support large-scale electric load growth?</P>
                <P>
                    g. What additional coordination is needed between DOE and other Federal agencies (
                    <E T="03">e.g.,</E>
                     U.S. Department of Agriculture, Department of Commerce, Department of Interior, Environmental Protection Agency, the Department of Defense, Department of the Treasury, Department of Transportation, the Federal Energy Regulatory Commission, etc.) to align funding, permitting, or policy with emerging electric load challenges?
                </P>
                <P>i. Are there successful examples of interagency coordination that should be expanded to address grid capacity and load growth?</P>
                <P>h. How can DOE effectively leverage public-private partnerships to accelerate the development of these projects?</P>
                <P>i. What are the most critical data gaps or information needs that DOE should address to better understand and support these projects?</P>
                <HD SOURCE="HD2">4. Load Growth Trends</HD>
                <P>a. What types of new electric load are driving demand increases in your service area or region?</P>
                <P>b. Please provide any available projections or forecasts of the scale, timing, and location of this expected growth.</P>
                <HD SOURCE="HD2">5. Grid Infrastructure Constraints</HD>
                <P>
                    a. What generation, transmission, or distribution constraints are limiting the ability to serve this demand?
                    <PRTPAGE P="45035"/>
                </P>
                <P>b. What are the primary challenges and barriers to expanding infrastructure and deploying large-scale generation and transmission projects? Please consider factors such as:</P>
                <P>i. Siting and permitting;</P>
                <P>ii. Financing and investment;</P>
                <P>iii. Construction timelines;</P>
                <P>iv. Supply chain constraints;</P>
                <P>v. Workforce availability;</P>
                <P>vi. Interconnection queues;</P>
                <P>vii. State and Federal regulatory and policy uncertainty;</P>
                <P>viii. Technology integration;</P>
                <P>ix. Community engagement and acceptance.</P>
                <HD SOURCE="HD2">6. Additional Comments</HD>
                <P>Please share any further insights, recommendations, or examples of effective practices related to grid infrastructure expansion to support large electric loads.</P>
                <HD SOURCE="HD1">III. RFI Response Guidelines</HD>
                <P>
                    Responses to this RFI must be submitted electronically to 
                    <E T="03">SpeedtoPowerRFI@hq.doe.gov</E>
                     no later than 5:00 p.m. (ET) on November 21, 2025. Responses must be provided as Portable Document Format (PDF) file attachments to an email. It is recommended that attachments with file sizes exceeding 25 MB be compressed (
                    <E T="03">i.e.,</E>
                     zipped) to ensure message delivery. PDF file attachments should be no more than 15 pages in length. Only electronic responses will be accepted.
                </P>
                <P>Please identify your answers by responding to a specific question or topic if applicable. Respondents may respond to as many or as few questions or topics as they wish. DOE will not respond to individual submissions or publish publicly a compendium of responses. A response to this RFI will not be viewed as a binding commitment to develop or pursue the project or ideas discussed.</P>
                <P>Respondents must provide the following information at the start of their response to this RFI:</P>
                <P>• Company/institution name;</P>
                <P>• Company/institution point of contact;</P>
                <P>• Contact's address, phone number, and email address;</P>
                <P>
                    • Company/institution's primary area of expertise or focus relevant to this RFI (
                    <E T="03">e.g.,</E>
                     electricity generation, transmission, state energy policy, project development, etc.).
                </P>
                <HD SOURCE="HD1">IV. Disclaimer</HD>
                <P>This is a request for information only. This RFI does not constitute a funding opportunity, grant program, or regulatory proposal. This RFI is not accepting applications for financial assistance or financial incentives. DOE may or may not issue a Notice of Funding Opportunity (NOFO) based on consideration of the input received from this RFI.</P>
                <P>This RFI is not a NOFO; therefore, DOE is not accepting applications at this time. DOE may issue a NOFO in the future based on or related to the content and responses to this RFI; however, DOE may also elect not to issue a NOFO. There is no guarantee that a NOFO will be issued as a result of this RFI. Responding to this RFI does not provide any advantage or disadvantage to potential applicants if DOE chooses to issue a NOFO regarding the subject matter. Final details, including the anticipated award size, quantity, and timing of DOE funded awards, will be subject to Congressional appropriations and direction.</P>
                <P>Any information obtained as a result of this RFI is intended to be used by the Government on a non-attribution basis for planning and strategy development; this RFI does not constitute a formal solicitation for proposals or abstracts. Your response to this notice will be treated as information only. DOE will review and consider all responses in its formulation of program strategies for the identified materials of interest that are the subject of this request. DOE will not provide reimbursement for costs incurred in responding to this RFI. Respondents are advised that DOE is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted under this RFI. Responses to this RFI do not bind DOE to any further actions related to this topic.</P>
                <HD SOURCE="HD1">V. Confidential Business Information</HD>
                <P>Because information received in response to this RFI may be used to structure future programs and NOFOs and/or otherwise be made available to the public, respondents are strongly advised to NOT include any information in their responses that might be considered business sensitive, proprietary, or otherwise confidential. If, however, a respondent chooses to submit business sensitive, proprietary, or otherwise confidential information, it must be clearly and conspicuously marked as such in the response.</P>
                <P>Responses containing confidential, proprietary, or privileged information must be conspicuously marked as described below. Failure to comply with these marking requirements may result in the disclosure of the unmarked information under the Freedom of Information Act or otherwise. The U.S. Federal Government is not liable for the disclosure or use of unmarked information and may use or disclose such information for any purpose.</P>
                <P>If your response contains confidential, proprietary, or privileged information, you must include a cover sheet marked as follows identifying the specific pages containing confidential, proprietary, or privileged information:</P>
                <HD SOURCE="HD2">Notice of Restriction on Disclosure and Use of Data</HD>
                <P>
                    <E T="03">Pages [List Applicable Pages] of this response may contain confidential, proprietary, or privileged information that is exempt from public disclosure. Such information shall be used or disclosed only for the purposes described in this RFI [Enter RFI Number]. The Government may use or disclose any information that is not appropriately marked or otherwise restricted, regardless of source.</E>
                </P>
                <P>In addition, (1) the header and footer of every page that contains confidential, proprietary, or privileged information must be marked as follows: “Contains Confidential, Proprietary, or Privileged Information Exempt from Public Disclosure” and (2) every line and paragraph containing proprietary, privileged, or trade secret information must be clearly marked with double brackets or highlighting.</P>
                <HD SOURCE="HD1">VI. Evaluation and Administration by Federal and Non-Federal Personnel</HD>
                <P>Federal employees are subject to the non-disclosure requirements of a criminal statute, the Trade Secrets Act, 18 U.S.C. 1905. The Government may seek the advice of qualified non-Federal personnel. The Government may also use non-Federal personnel to conduct routine, nondiscretionary administrative activities. The respondents, by submitting their response, consent to DOE providing their response to non-Federal parties. Non-Federal parties given access to responses must be subject to an appropriate obligation of confidentiality prior to being given the access. Submissions may be reviewed by support contractors and private consultants.</P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    This document of the Department of Energy was signed on July 01, 2025, by Chris Wright, Secretary of Energy, U.S. Department 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 
                    <PRTPAGE P="45036"/>
                    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 
                    <E T="04">Federal Register</E>
                    . 
                </P>
                <SIG>
                    <DATED>Signed in Washington, DC, on September 16, 2025.</DATED>
                    <NAME>Treena V. Garrett,</NAME>
                    <TITLE>Federal Register Liaison Officer, U.S. Department of Energy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18058 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6450-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBJECT>Environmental Management Site-Specific Advisory Board, Paducah</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Environmental Management, Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of cancellation of open meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On August 13, 2025, the Department of Energy published a notice of open meeting announcing a meeting on September 18, 2025, of the Environmental Management Site-Specific Advisory Board, Paducah. This notice announces the cancellation of this meeting.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The meeting scheduled for September 18, 2025, announced in the August 13, 2025, issue of the 
                        <E T="04">Federal Register</E>
                         (FR Doc. 2025-15314, 90 FR 38966), is cancelled.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Zachary Boyarski at by Phone: (270) 441-6812 or Email: 
                        <E T="03">Zachary.Boyarski@pppo.gov</E>
                        .
                    </P>
                    <HD SOURCE="HD1">Signing Authority</HD>
                    <P>
                        This document of the Department of Energy was signed on September 15, 2025, by David Borak, 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 
                        <E T="04">Federal Register</E>
                         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 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                    <SIG>
                        <DATED>Signed in Washington, DC on September 15, 2025.</DATED>
                        <NAME>Jennifer Hartzell,</NAME>
                        <TITLE>Alternate Federal Register Liaison Officer, U.S. Department of Energy.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18024 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6450-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings</SUBJECT>
                <P>Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:</P>
                <HD SOURCE="HD1">Filings in Existing Proceedings</HD>
                <P>
                    <E T="03">Docket Numbers:</E>
                     PR25-52-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Consumers Energy Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     284.123 Rate Filing: Response to Data Request and Amended SOC to be effective 6/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250912-5128.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/3/25.
                </P>
                <P>Any person desiring to protest in any the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.</P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18055 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. CP25-545-000]</DEPDOC>
                <SUBJECT>Florida Gas Transmission Company, LLC; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline</SUBJECT>
                <P>Take notice that on September 5, 2025, Florida Gas Transmission Company, LLC (FGT), 1300 Main St., Houston, Texas 77002, filed in the above referenced docket, a prior notice request pursuant to sections 157.205 and 157.208 of the Commission's regulations under the Natural Gas Act (NGA), and FGT's blanket certificate issued in Docket No. CP82-553-000, for authorization to reduce the permanent Maximum Allowable Operating Pressure (MAOP) of FGT's Tampa South Tap delivery facilities and Brandon Tap delivery facilities, on FGT's Tampa South Lateral located in Hillsborough County, Florida. The project is referred to as the Tampa South Tap &amp; Brandon Tap MAOP Reduction Project (Project). The project will allow FGT to maintain compliance with the Pipeline and Hazardous Materials Safety Administration regulations and provide a more efficient operation. Lowering the MAOP of the Tampa South Tap and Brandon Tap will ensure FGT's continued safe operation of the facilities while eliminating additional unnecessary expenditures and will abrogate potential environmental impacts that would result from pipeline replacement. The proposed MAOP reduction will not affect FGT's ability to meet its current contractual obligations and will not result in any abandonment of service to its customers, all as more fully set forth in the request which is on file with the Commission and open to public inspection.</P>
                <P>
                    In addition to publishing the full text of this document in the 
                    <E T="04">Federal Register</E>
                    , the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission's Home Page (
                    <E T="03">http://www.ferc.gov</E>
                    ). From the Commission's Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field.
                    <PRTPAGE P="45037"/>
                </P>
                <P>
                    User assistance is available for eLibrary and the Commission's website during normal business hours from FERC Online Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at 
                    <E T="03">ferconlinesupport@ferc.gov,</E>
                     or the Public Reference Room at (202) 502-8371, TTY (202) 502-8659. Email the Public Reference Room at 
                    <E T="03">public.referenceroom@ferc.gov</E>
                    .
                </P>
                <P>
                    Any questions concerning this request should be directed to Blair Lichtenwalter, Sr. Director, Certificates, Florida Gas Transmission Company, LLC, P.O. Box 4967, Houston, Texas 77210-4967, by phone at (713) 989-2605, or by email at 
                    <E T="03">Blair.Lichtenwalter@energytransfer.com</E>
                    .
                </P>
                <HD SOURCE="HD1">Public Participation</HD>
                <P>There are three ways to become involved in the Commission's review of this project: you can file a protest to the project, you can file a motion to intervene in the proceeding, and you can file comments on the project. There is no fee or cost for filing protests, motions to intervene, or comments. The deadline for filing protests, motions to intervene, and comments is 5:00 p.m. Eastern Time on November 12, 2025. How to file protests, motions to intervene, and comments is explained below.</P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov</E>
                    .
                </P>
                <HD SOURCE="HD2">Protests</HD>
                <P>
                    Pursuant to section 157.205 of the Commission's regulations under the NGA,
                    <SU>1</SU>
                    <FTREF/>
                     any person 
                    <SU>2</SU>
                    <FTREF/>
                     or the Commission's staff may file a protest to the request. If no protest is filed within the time allowed or if a protest is filed and then withdrawn within 30 days after the allowed time for filing a protest, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request for authorization will be considered by the Commission.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         18 CFR 157.205.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Persons include individuals, organizations, businesses, municipalities, and other entities. 18 CFR 385.102(d).
                    </P>
                </FTNT>
                <P>
                    Protests must comply with the requirements specified in section 157.205(e) of the Commission's regulations,
                    <SU>3</SU>
                    <FTREF/>
                     and must be submitted by the protest deadline, which is 5:00 p.m. Eastern Time on November 12, 2025. A protest may also serve as a motion to intervene so long as the protestor states it also seeks to be an intervenor.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         18 CFR 157.205(e).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Interventions</HD>
                <P>Any person has the option to file a motion to intervene in this proceeding. Only intervenors have the right to request rehearing of Commission orders issued in this proceeding and to subsequently challenge the Commission's orders in the U.S. Circuit Courts of Appeal.</P>
                <P>
                    To intervene, you must submit a motion to intervene to the Commission in accordance with Rule 214 of the Commission's Rules of Practice and Procedure 
                    <SU>4</SU>
                    <FTREF/>
                     and the regulations under the NGA 
                    <SU>5</SU>
                    <FTREF/>
                     by the intervention deadline for the project, which is 5:00 p.m. Eastern Time on November 12, 2025. As described further in Rule 214, your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as your interest in the proceeding. For an individual, this could include your status as a landowner, ratepayer, resident of an impacted community, or recreationist. You do not need to have property directly impacted by the project in order to intervene. For more information about motions to intervene, refer to the FERC website at 
                    <E T="03">https://www.ferc.gov/resources/guides/how-to/intervene.asp</E>
                    .
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         18 CFR 385.214.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         18 CFR 157.10.
                    </P>
                </FTNT>
                <P>All timely, unopposed motions to intervene are automatically granted by operation of Rule 214(c)(1). Motions to intervene that are filed after the intervention deadline are untimely and may be denied. Any late-filed motion to intervene must show good cause for being late and must explain why the time limitation should be waived and provide justification by reference to factors set forth in Rule 214(d) of the Commission's Rules and Regulations. A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies (paper or electronic) of all documents filed by the applicant and by all other parties.</P>
                <HD SOURCE="HD2">Comments</HD>
                <P>Any person wishing to comment on the project may do so. The Commission considers all comments received about the project in determining the appropriate action to be taken. To ensure that your comments are timely and properly recorded, please submit your comments on or before 5:00 p.m. Eastern Time on November 12, 2025. The filing of a comment alone will not serve to make the filer a party to the proceeding. To become a party, you must intervene in the proceeding.</P>
                <HD SOURCE="HD2">How To File Protests, Interventions, and Comments</HD>
                <P>There are two ways to submit protests, motions to intervene, and comments. In both instances, please reference the Project docket number CP25-545-000 in your submission.</P>
                <P>
                    (1) You may file your protest, motion to intervene, and comments by using the Commission's eFiling feature, which is located on the Commission's website (
                    <E T="03">www.ferc.gov)</E>
                     under the link to Documents and Filings. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Protest”, “Intervention”, or “Comment on a Filing”; or 
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Additionally, you may file your comments electronically by using the eComment feature, which is located on the Commission's website at 
                        <E T="03">www.ferc.gov</E>
                         under the link to Documents and Filings. Using eComment is an easy method for interested persons to submit brief, text-only comments on a project.
                    </P>
                </FTNT>
                <P>(2) You can file a paper copy of your submission by mailing it to the address below. Your submission must reference the Project docket number CP25-545-000.</P>
                <P>To file via USPS: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.</P>
                <P>To file via any other method: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.</P>
                <P>
                    The Commission encourages electronic filing of submissions (option 1 above) and has eFiling staff available to assist you at (202) 502-8258 or 
                    <E T="03">FercOnlineSupport@ferc.gov</E>
                    .
                </P>
                <P>
                    Protests and motions to intervene must be served on the applicant either by mail at: Blair Lichtenwalter, Sr. Director, Certificates, Florida Gas Transmission Company, LLC, P.O. Box 4967, Houston, Texas 77210-4967, or by email (with a link to the document) at 
                    <E T="03">Blair.Lichtenwalter@energytransfer.com</E>
                    . Any subsequent submissions by an intervenor must be served on the applicant and all other parties to the proceeding. Contact information for 
                    <PRTPAGE P="45038"/>
                    parties can be downloaded from the service list at the eService link on FERC Online.
                </P>
                <HD SOURCE="HD1">Tracking the Proceeding</HD>
                <P>
                    Throughout the proceeding, additional information about the project will be available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at 
                    <E T="03">www.ferc.gov</E>
                     using the “eLibrary” link as described above. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings.
                </P>
                <P>
                    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. For more information and to register, go to 
                    <E T="03">www.ferc.gov/docs-filing/esubscription.asp</E>
                    .
                </P>
                <SIG>
                    <DATED>Dated: September 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18025 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. IC25-16-000]</DEPDOC>
                <SUBJECT>Commission Information Collection Activities (Ferc-604); Comment Request; Extension</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Energy Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC-604 (Cash Management Agreements), which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements. There are no program changes.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the collection of information are due October 20, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Send written comments on FERC-604 to OMB through: 
                        <E T="03">https://www.reginfo.gov/public/do/PRA/icrPublicCommentRequest?ref_nbr=202508-1902-003.</E>
                    </P>
                    <P>
                        You can also visit 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain</E>
                         and use the drop-down under “Currently under Review” to select the “Federal Energy Regulatory Commission” where you can see the open opportunities to provide comments. Comments should be sent within 30 days of publication of this notice.
                    </P>
                    <P>
                        Please submit a copy of your comments to the Commission via email to 
                        <E T="03">DataClearance@FERC.gov.</E>
                         You must specify the Docket No. (IC25-16-000) and the FERC Information Collection number (FERC-604) in your email. If you are unable to file electronically, comments may be filed by USPS mail or by hand (including courier) delivery:
                    </P>
                    <P>
                        • 
                        <E T="03">Mail via U.S. Postal Service Only:</E>
                         Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.
                    </P>
                    <P>
                        • 
                        <E T="03">All other delivery methods:</E>
                         Federal Energy Regulatory Commission, Secretary of the Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         To view comments and issuances in this docket, please visit 
                        <E T="03">https://elibrary.ferc.gov/eLibrary/search.</E>
                         Once there, you can also sign-up for automatic notification of activity in this docket.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kayla Williams, (202) 502-6468. 
                        <E T="03">DataClearance@FERC.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     Cash Management Agreements.
                </P>
                <P>
                    <E T="03">OMB Control No.:</E>
                     1902-0267.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Three-year extension of the FERC-604 information collection requirements with no changes to the current reporting requirements.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     This collection of information is authorized by the following statutory provisions:
                </P>
                <P>• Sections 8 and 10 of the Natural Gas Act (15 U.S.C. 717g and 717i);</P>
                <P>• Sections 301 and 304 of the Federal Power Act (16 U.S.C. 835 and 825c); and</P>
                <P>• Sections 20(1) and 20(5) of the Interstate Commerce Act (49 App. U.S.C. 20(1) and 20(5)).</P>
                <P>Cash management or “money pool” programs typically concentrate affiliates' cash assets in joint accounts for the purpose of providing financial flexibility and lowering the cost of borrowing. In a 2002 investigation, FERC staff found that balances in cash management programs affecting FERC-regulated entities totaled approximately $16 billion. Additionally, other investigations revealed large transfers of funds (amounting to more than $1 billion) between regulated pipeline affiliates and non-regulated parents whose financial conditions were precarious. The Commission found that these and other fund transfers and the enormous (mostly unregulated) pools of money in cash management programs could detrimentally affect regulated rates.</P>
                <P>
                    To protect customers and promote transparency, the Commission issued Order No. 634-A (2003) requiring entities to formalize in writing and file with the Commission their cash management agreements.
                    <SU>1</SU>
                    <FTREF/>
                     At that time, the Commission obtained OMB clearance for this new reporting requirement under the FERC-555 information collection (OMB Control No. 1902-0098). Now, the Commission includes these reporting requirements for cash management agreements under the FERC-604 information collection (OMB Control No. 1902-0267). The Commission implements these reporting requirements in accordance with 18 CFR 141.500, 260.400, and 357.5.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">Regulation of Cash Management Practices,</E>
                         Order No. 634-A, 105 FERC ¶ 61098, at PP 39 and 74 (2003).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Type of Respondents:</E>
                     Public utilities, natural gas companies, and oil pipeline companies.
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. See 5 CFR 1320 for additional information on the definition of information collection burden.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Estimate of Annual Burden:</E>
                     
                    <E T="51">2</E>
                     The Commission estimates the annual public reporting burden for the information collection as:
                </P>
                <PRTPAGE P="45039"/>
                <GPOTABLE COLS="6" OPTS="L2(,0,),nj,tp0,p7,7/8,i1" CDEF="11,12,15,xs72,xs72,15">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>number of</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Average burden
                            <LI>hours &amp; average</LI>
                            <LI>
                                cost 
                                <SU>3</SU>
                                 per response
                            </LI>
                            <LI>($)</LI>
                        </CHED>
                        <CHED H="1">
                            Total annual
                            <LI>burden hours &amp;</LI>
                            <LI>total annual</LI>
                            <LI>cost</LI>
                            <LI>($)</LI>
                        </CHED>
                        <CHED H="1">
                            Cost per
                            <LI>respondent</LI>
                            <LI>($)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25">(1)</ENT>
                        <ENT>(2)</ENT>
                        <ENT>(1) * (2) = (3)</ENT>
                        <ENT>(4)</ENT>
                        <ENT>(3) * (4) = (5)</ENT>
                        <ENT>(5) ÷ (1) = (6)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">45</ENT>
                        <ENT>1</ENT>
                        <ENT>45</ENT>
                        <ENT>1.5 hours; $155</ENT>
                        <ENT>67.5 hours; $6,953</ENT>
                        <ENT>$155</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    <E T="03">
                        Comments are
                        <FTREF/>
                         invited on:
                    </E>
                     (1) whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The Commission staff estimates that the industry's hourly cost for wages plus benefits is similar to the Commission's FY 2025 average hourly cost for wages and benefits of $103 ($214,093 annual costs).
                    </P>
                </FTNT>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18091 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. 96-048]</DEPDOC>
                <SUBJECT>Pacific Gas and Electric Company; Notice of Revised Procedural Schedule for Environmental Assessment for the Proposed Project Relicense</SUBJECT>
                <P>On November 24, 2020, Pacific Gas and Electric Company (PG&amp;E) filed an application for a new license to continue to operate and maintain the 162.72-megawatt Kerckhoff Hydroelectric Project No. 96 (Kerckhoff Project). On September 20, 2024, Commission staff issued a notice of intent to prepare an environmental assessment (EA) to evaluate the effects of relicensing the Kerckhoff Project. The notice included an anticipated schedule for issuing the EA in September 2025.</P>
                <P>Staff is still evaluating the effects of relicensing the Kerckhoff Project. In order for staff to fully consider all the information filed by PG&amp;E, the procedural schedule for completing the EA is being revised as follows. Further revisions to the schedule may be made as appropriate.</P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s25,xs80">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Milestone</CHED>
                        <CHED H="1">Target date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Issue EA</ENT>
                        <ENT>December 31, 2025.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    Any questions regarding this notice may be directed to Evan Williams at (202) 502-8462, or by email at 
                    <E T="03">evan.williams@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18092 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings #1</SUBJECT>
                <P>Take notice that the Commission received the following exempt wholesale generator filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-524-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Jackalope Wind II, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Jackalope Wind II, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250912-5130.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-525-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Union Ridge Solar, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Union Ridge Solar, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5037.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-526-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Enterprise Storage LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Enterprise Storage LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5067.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-527-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Granite Mountain BESS East LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Granite Mountain BESS East LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5068.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-528-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Anticline Energy Storage, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Anticline Energy Storage, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5087.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>Take notice that the Commission received the following Complaints and Compliance filings in EL Dockets:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EL25-114-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Turlock Irrigation District.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Petition for Declaratory Order of Turlock Irrigation District.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/9/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250909-5206.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/9/25.
                </P>
                <P>Take notice that the Commission received the following electric rate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-1177-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Central Maine Power Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Refund Report: Refund Report to be effective N/A.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5108.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-58-003.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Sentinel Energy Center, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Approved Settlement Compliance Filing to be effective 10/9/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5083.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3425-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Independent System Operator, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: 2025-09-15_Compliance Filing Consumers Energy Company DOE Order to be effective 5/23/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5049.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3426-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Enterprise Storage LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Market-Based Rate Application and Request for Waivers and Blanket Approvals to be effective 11/15/2025.
                    <PRTPAGE P="45040"/>
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5051.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3427-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Granite Mountain BESS East LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Market-Based Rate Application and Request for Waivers and Blanket Approvals to be effective 11/15/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5053.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3428-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Commonwealth Edison Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: ComEd True-up, XBRL and Ministerial Revisions to Attachment H-13A to be effective 1/1/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5060.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3429-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Harrison Renewable Energy, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: HRE Initial MBR Application Filing to be effective 9/22/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5061.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3430-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Independent System Operator, Inc., Republic Transmission, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Republic Transmission, LLC submits tariff filing per 35.13(a)(2)(iii: 2025-09-15_Republic Transmission Request for Incentives to be effective 11/15/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5069.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3431-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Mammoth Central LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Initial Rate Filing: Baseline new to be effective 12/15/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5086.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3432-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Mammoth Central II LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Initial Rate Filing: Baseline new to be effective 12/15/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5088.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3433-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     TransWest Express LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 2025-09-15 TransWest Transmission Owner Tariff Filing and Request for Waiver to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5089.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3434-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Mammoth South LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Initial Rate Filing: Baseline new to be effective 12/15/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5090.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-3435-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Duke Energy Carolinas, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: DEC—Decommissioning filing to be effective 11/15/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     9/15/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250915-5114.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 10/6/25.
                </P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern Time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf</E>
                    . For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov</E>
                    . 
                </P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18054 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">EQUAL EMPLOYMENT OPPORTUNITY COMMISSION</AGENCY>
                <SUBJECT>Performance Review Board Appointment of Members</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Equal Employment Opportunity Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces the appointment of those individuals who have been selected to serve as members of the Performance Review Board (PRB). The PRB reviews and makes recommendations concerning proposed performance appraisals, ratings, bonuses, pay adjustments, and other appropriate personnel actions for incumbents of Senior Level and Senior Executive Service positions at the EEOC.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective November 1, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jennifer Blank, Director, at (202) 921-3090 or 
                        <E T="03">jennifer.blank@eeoc.gov,</E>
                         Recruitment and Executive Resources Division, Office of the Chief Human Capital Officer, U.S. Equal Employment Opportunity Commission. Requests for this document in an alternative format should be made to the EEOC's Office of Communications and Legislative Affairs at (202) 921-3191 (voice), 1-800-669-6820 (TTY), or 1-844-234-5122 (ASL video phone).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In accordance with 5 U.S.C. 4314(c)(4), the names and position titles of the EEOC PRB members are set forth below:</P>
                <FP SOURCE="FP-1">Christine Park-Gonzalez (Chair), Director, Los Angeles District</FP>
                <FP SOURCE="FP-1">Thomas Colclough, Director, Office of Field Programs</FP>
                <FP SOURCE="FP-1">Gregory Gochanour, Regional Attorney</FP>
                <FP SOURCE="FP-1">Marcus Keegan, Regional Attorney</FP>
                <FP SOURCE="FP-1">Elisa Krobot, Chief Financial Officer</FP>
                <FP SOURCE="FP-1">Raymond Peeler, Associate Legal Counsel</FP>
                <FP SOURCE="FP-1">Amanda Smith, Director, Office of Communications and Legislative Affairs</FP>
                <FP SOURCE="FP-1">Kimberly Essary, Associate Legal Counsel (Alternate)</FP>
                <FP SOURCE="FP-1">Lisa Morelli, Director, Field Management Programs (Alternate)</FP>
                <SIG>
                    <NAME>Jennifer Blank,</NAME>
                    <TITLE>Director, Recruitment and Executive Resources Division, Office of the Chief Human Capital Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18035 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6570-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
                <SUBJECT>Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company</SUBJECT>
                <P>
                    The notificants listed below have applied under the Change in Bank Control Act (Act) (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors 
                    <PRTPAGE P="45041"/>
                    that are considered in acting on the applications are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
                </P>
                <P>
                    The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board's Freedom of Information Office at 
                    <E T="03">https://www.federalreserve.gov/foia/request.htm.</E>
                     Interested persons may express their views in writing on the standards enumerated in paragraph 7 of the Act.
                </P>
                <P>Comments received are subject to public disclosure. In general, comments received will be made available without change and will not be modified to remove personal or business information including confidential, contact, or other identifying information. Comments should not include any information such as confidential information that would not be appropriate for public disclosure.</P>
                <P>Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551-0001, not later than October 3, 2025.</P>
                <P>
                    <E T="03">A. Federal Reserve Bank of Chicago</E>
                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414. Comments can also be sent electronically to 
                    <E T="03">Comments.applications@chi.frb.org:</E>
                </P>
                <P>
                    1. 
                    <E T="03">Richard A. Griffin, Dysart, Iowa;</E>
                     to join the Griffin Family Group, a group acting in concert, to acquire voting shares of Dysart Bancshares, Inc., and thereby indirectly acquire voting shares of Dysart State Bank, both of Dysart, Iowa.
                </P>
                <SIG>
                    <P>Board of Governors of the Federal Reserve System.</P>
                    <NAME>Michele Taylor Fennell,</NAME>
                    <TITLE>Associate Secretary of the Board.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18084 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2025-N-3406]</DEPDOC>
                <SUBJECT>Fee Rate for Using a Priority Review Voucher in Fiscal Year 2026</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA or the Agency) is announcing the fee rate for using a priority review voucher for fiscal year (FY) 2026. The Federal Food, Drug, and Cosmetic Act (FD&amp;C Act), as amended, authorizes FDA to determine and collect priority review user fees for certain applications for review of human drug or biological products when those applications use a tropical disease, rare pediatric disease, or material threat medical countermeasure (MCM) priority review voucher. These vouchers are awarded to the sponsors of tropical disease, rare pediatric disease, or material threat MCM product applications, respectively, that meet the requirements of the FD&amp;C Act, upon FDA approval of such applications. The amount of the fee for using a priority review voucher is determined each fiscal year, based on the difference between the average cost incurred by FDA to review a human drug application designated as priority review in the previous fiscal year, and the average cost incurred in the review of an application that is not subject to priority review in the previous fiscal year. This notice establishes the FY 2026 priority review fee rate applicable to submission of eligible applications for review of human drug or biological products using a rare pediatric disease, material threat MCM, or tropical disease priority review voucher and outlines the payment procedures for such fees.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rate is effective on October 1, 2025, and will remain in effect through September 30, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Olufunmilayo Ariyo, Office of Financial Management, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 240-402-4989; or the User Fees Support Staff at 
                        <E T="03">UFSS@fda.hhs.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <HD SOURCE="HD2">A. Establishment of the Tropical Disease Priority Review Voucher</HD>
                <P>Section 1102 of the Food and Drug Administration Amendments Act of 2007 (Pub. L. 110-85) added section 524 to the FD&amp;C Act (21 U.S.C. 360n). In section 524 of the FD&amp;C Act, Congress encouraged development of new human drug and biological products for prevention and treatment of tropical diseases by offering additional incentives for obtaining FDA approval of such products. Under section 524 of the FD&amp;C Act, the sponsor of an eligible human drug application for a tropical disease (as defined in section 524(a)(3) of the FD&amp;C Act) shall receive a priority review voucher upon approval of the tropical disease product application (as defined in section 524(a)(4) of the FD&amp;C Act).</P>
                <HD SOURCE="HD2">B. Establishment of the Rare Pediatric Disease Priority Review Voucher</HD>
                <P>
                    Section 908 of the Food and Drug Administration Safety and Innovation Act (Pub. L. 112-144) added section 529 of the FD&amp;C Act (21 U.S.C. 360ff). In section 529 of the FD&amp;C Act, Congress encouraged development of new human drugs and biological products for prevention and treatment of certain rare pediatric diseases by offering additional incentives for obtaining FDA approval of such products. Under section 529 of the FD&amp;C Act, the sponsor of an eligible human drug application for a rare pediatric disease (as defined in section 529(a)(3) of the FD&amp;C Act) shall receive a priority review voucher upon approval of the rare pediatric disease product application (as defined in section 529(a)(4) of the FD&amp;C Act).
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The FD&amp;C Act includes a sunset of authority to award rare pediatric disease priority review vouchers. Section 529(b)(5) of the FD&amp;C Act provides that after December 20, 2024, FDA may not award any rare pediatric disease priority review vouchers unless a rare pediatric disease product application: (1) is for a drug that, not later than December 20, 2024, is designated under section 529(d) of the FD&amp;C Act as a drug for a rare pediatric disease, and (2) is, not later than September 30, 2026, approved under section 505(b)(1) of the FD&amp;C Act or section 351(a) of the PHS Act. This limit of FDA's authority to award rare pediatric disease priority review vouchers does not affect the ability to use rare pediatric disease priority review vouchers issued by FDA.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Establishment of the Material Threat MCM Priority Review Voucher</HD>
                <P>
                    Section 3086 of the 21st Century Cures Act (Pub. L. 114-255) added section 565A to the FD&amp;C Act (21 U.S.C. 360bbb-4a). In section 565A of the FD&amp;C Act, Congress encouraged development of material threat MCMs by offering additional incentives for obtaining FDA approval of such products. Under section 565A of the FD&amp;C Act, the sponsor of an eligible material threat MCM application (as defined in section 565A(a)(4) of the FD&amp;C Act) shall receive a priority 
                    <PRTPAGE P="45042"/>
                    review voucher upon approval of the material threat MCM application.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Although under section 565A(g) of the FD&amp;C Act, material threat MCM priority review vouchers may not be awarded after October 1, 2023, this “sunset” of authority to award vouchers does not affect the ability to use material threat MCM priority review vouchers that have already been issued.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">D. Transferability of the Priority Review Voucher</HD>
                <P>
                    The recipient of a priority review voucher may either use the voucher for a future human drug application submitted to FDA under section 505(b)(1) of the FD&amp;C Act (21 U.S.C. 355(b)(1)) or section 351(a) of the Public Health Service Act (PHS Act) (42 U.S.C. 262(a)), or transfer (including by sale) the voucher to another party. The voucher may be transferred repeatedly until it ultimately is used for a human drug application submitted to FDA under section 505(b)(1) of the FD&amp;C Act or section 351(a) of the PHS Act. As further described below, a priority review is a review conducted with a Prescription Drug User Fee Act (PDUFA) goal date of 6 months after the receipt or filing date, depending on the type of application. Information regarding review goals for FY 2026 is available at: 
                    <E T="03">https://www.fda.gov/media/151712/download</E>
                    .
                </P>
                <P>
                    The sponsor that uses a priority review voucher is entitled to a priority review of its eligible human drug application, but must pay FDA a priority review user fee in addition to any other fee required by PDUFA. FDA published information on its website about how the priority review voucher program operates.
                    <SU>3</SU>
                     
                    <SU>4</SU>
                     
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Information regarding the tropical disease priority review voucher program is available at: 
                        <E T="03">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/tropical-disease-priority-review-vouchers</E>
                        .
                    </P>
                    <P>
                        <SU>4</SU>
                         Information regarding the rare pediatric disease priority review voucher program is available at: 
                        <E T="03">https://www.fda.gov/Drugs/DevelopmentApprovalProcess/DevelopmentResources/ucm375479.htm</E>
                        .
                    </P>
                    <P>
                        <SU>5</SU>
                         Information regarding the material threat MCM priority review voucher program is available at: 
                        <E T="03">https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/21st-century-cures-act-mcm-related-cures-provisions</E>
                        .
                    </P>
                </FTNT>
                <P>This notice establishes the FY 2026 priority review fee rate for use of tropical disease, rare pediatric disease, and material threat MCM priority review vouchers at $1,962,472 and outlines FDA's process for implementing the collection of priority review user fees. This rate is effective on October 1, 2025, and will remain in effect through September 30, 2026.</P>
                <HD SOURCE="HD1">II. Priority Review User Fee Rate for FY 2026</HD>
                <P>FDA interprets section 524(c)(2) (tropical disease priority review user fee), section 529(c)(2) (rare pediatric disease priority review user fee), and section 565A(c)(2) (material threat MCM priority review user fee) of the FD&amp;C Act as requiring that FDA determine the amount of each priority review user fee for each fiscal year based on the difference between the average cost incurred by FDA in the review of a human drug application subject to priority review in the previous fiscal year, and the average cost incurred by FDA in the review of a human drug application that is not subject to priority review in the previous fiscal year.</P>
                <P>A priority review is a review conducted within a timeframe prescribed in FDA commitments for such reviews made in connection with PDUFA reauthorization for FYs 2023-2027, known as PDUFA VII. For the FYs 2023 through 2027, FDA has committed to a goal date to review and act on 90 percent of the applications granted priority review status within the expedited timeframe of 6 months after receipt or filing date (filing date for new molecular entity (NME) new drug application (NDA) and original biologics license application (BLA) submissions; receipt date for priority non-NME original NDA submissions). Normally, an application for a human drug or biological product will qualify for priority review if the product is intended to treat a serious condition and, if approved, would provide a significant improvement in safety or effectiveness. An application that does not receive a priority designation receives a standard review. A priority review involves a more intensive level of effort and a higher level of resources than a standard review.</P>
                <P>FDA is setting a fee for FY 2026, which is to be based on standard cost data from the previous fiscal year, FY 2025. However, the FY 2025 submission cohort has not been closed out yet, thus the cost data for FY 2025 are not complete. The latest year for which FDA has complete cost data is FY 2024. Furthermore, because FDA has never tracked the cost of reviewing applications that get priority review as a separate cost subset, FDA estimated this cost based on other data that the Agency has tracked. The Agency expects all applications that received priority review would contain clinical data. The application categories with clinical data for which FDA tracks the cost of review are (1) NDAs for an NME with clinical data and (2) BLAs.</P>
                <P>
                    The total cost for FDA to review NME NDAs with clinical data and BLAs in FY 2024 was $290,420,610. There was a total of 76 applications in these 2 categories (38 NME NDAs with clinical data and 38 BLAs). (
                    <E T="03">Note:</E>
                     These numbers exclude the President's Emergency Plan for AIDS Relief NDAs; no investigational new drug review costs are included in this amount.) Of these applications, 42 (19 NDAs and 23 BLAs) received priority review and the remaining 34 (19 NDAs and 15 BLAs) received standard reviews. Because a priority review compresses a review that ordinarily takes 10 months into 6 months, FDA estimates that a multiplier of 1.67 (10 months divided by 6 months) should be applied to nonpriority review costs in estimating the effort and cost of a priority review as compared to a standard review. This multiplier is consistent with published research on this subject, which supports a priority review multiplier in the range of 1.48 to 2.35 (Ref. 1). Using FY 2024 figures, the costs of a priority and standard review are estimated using the following formula:
                </P>
                <FP SOURCE="FP-2">(42 α × 1.67) + (34 α) = $290,420,610</FP>
                <FP>where “α” is the cost of a standard review and “α times 1.67” is the cost of a priority review. Using this formula, the cost of a standard review for NME NDAs and BLAs is calculated to be $2,788,752 (rounded to the nearest dollar) and the cost of a priority review for NME NDAs and BLAs is 1.67 times that amount, or $4,657,216 (rounded to the nearest dollar). The difference between these two cost estimates, or $1,868,464, represents the incremental cost of conducting a priority review rather than a standard review.</FP>
                <P>
                    For the FY 2026 fee, FDA will need to adjust the FY 2024 incremental cost by the average amount by which FDA's average costs increased in the 3 years prior to FY 2025, to adjust the FY 2024 amount for cost increases in FY 2025. That adjustment, published in the 
                    <E T="04">Federal Register</E>
                     setting the FY 2026 PDUFA fees, is 5.0313 percent for the most recent year, not compounded. Increasing the FY 2024 incremental priority review cost of $1,868,464 by 5.0313 percent (or 0.050313) results in an estimated cost of $1,962,472 (rounded to the nearest dollar). This is the priority review user fee amount for FY 2026 that must be submitted in connection with a priority review voucher for a human drug application in FY 2026, in addition to any PDUFA fee that is required for such an application.
                    <PRTPAGE P="45043"/>
                </P>
                <HD SOURCE="HD1">III. Fee Rate Schedule for FY 2026</HD>
                <P>The fee rate for FY 2026 is set in Table 1:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s200,18">
                    <TTITLE>Table 1—Priority Review Fee Schedule for FY 2026</TTITLE>
                    <BOXHD>
                        <CHED H="1">Fee category</CHED>
                        <CHED H="1">
                            Priority review fee
                            <LI>rate for FY 2026</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Application submitted with a tropical disease priority review voucher in addition to the normal PDUFA fee</ENT>
                        <ENT>$1,962,472</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Application submitted with a rare pediatric disease priority review voucher in addition to the normal PDUFA fee</ENT>
                        <ENT>1,962,472</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Application submitted with a material threat MCM priority review voucher in addition to the normal PDUFA fee</ENT>
                        <ENT>1,962,472</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">IV. Implementation of Priority Review User Fee</HD>
                <P>Sections 524(c)(4)(B), 529(c)(4)(B), and 565A(c)(4)(B) of the FD&amp;C Act specify that the human drug application for which the sponsor requests the use of a priority review voucher will be considered incomplete if the priority review user fee and all other applicable user fees are not paid in accordance with FDA payment procedures. In addition, FDA may not grant a waiver, exemption, reduction, or refund of any fees due and payable under these sections of the FD&amp;C Act (see sections 524(c)(4)(C), 529(c)(4)(C), and 565A(c)(4)(C)). FDA may not collect priority review voucher fees for any fiscal year “except to the extent provided in advance in appropriation Acts.” (Section 524(c)(5)(B), 529(c)(5)(B), and 565A(c)(6)) of the FD&amp;C Act.)</P>
                <P>
                    The priority review fee established in the new fee schedule must be paid for any application received on or after October 1, 2025, submitted with a priority review voucher. As noted in section II, this fee must be paid in addition to any PDUFA fee that is required for the application. The sponsor would need to follow normal requirements for timely payment of any PDUFA fee for the human drug application. For more information regarding payment of PDUFA application fees generally, please see section 736(a)(1) of the FD&amp;C Act.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Additional information is also available in the guidance for industry entitled 
                        <E T="03">Assessing User Fees Under the Prescription Drug User Fee Amendments of 2022</E>
                        . FDA updates guidance periodically. To make sure you have the most recent version of a guidance, check the FDA Drugs guidance web page at: 
                        <E T="03">https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm</E>
                        .
                    </P>
                </FTNT>
                <HD SOURCE="HD2">A. Priority Review Voucher Notification of Intent Requirement</HD>
                <P>All three priority review vouchers have a notification requirement. To comply with this requirement, the sponsor must notify FDA not later than 90 days prior to submission of the human drug application that is the subject of a priority review voucher of an intent to submit the human drug application, including the estimated submission date. See sections 524(b)(4), 529(b)(4)(B)(i), and 565A(b)(3)(A) of the FD&amp;C Act.</P>
                <HD SOURCE="HD2">B. Priority Review Voucher User Fee Due Date</HD>
                <P>
                    Under sections 524(c)(4)(A) (tropical disease priority review user fee) and 565A(c)(4)(A) (material threat MCM priority review user fee) of the FD&amp;C Act, the priority review user fee is due (
                    <E T="03">i.e.,</E>
                     the obligation to pay the fee is incurred) upon submission of a human drug application for which the priority review voucher is used.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         In the case of a “rolling review” application (as discussed in FDA's May 2014 guidance entitled 
                        <E T="03">Expedited Programs for Serious Conditions—Drugs and Biologics,</E>
                         available at: 
                        <E T="03">https://www.fda.gov/files/drugs/published/Expedited-Programs-for-Serious-Conditions-Drugs-and-Biologics.pdf</E>
                        ) for which a tropical disease priority review voucher or material threat MCM priority review voucher is redeemed, FDA considers the application to be submitted on the date FDA receives the final portion of the application that the applicant identifies as complete. Also see section 506(d) of the FD&amp;C Act, relating to review of incomplete applications for approval of a fast track product.
                    </P>
                </FTNT>
                <P>
                    Under section 529(c)(4)(A) (rare pediatric disease priority review user fee) of the FD&amp;C Act, the priority review user fee is due (
                    <E T="03">i.e.,</E>
                     the obligation to pay the fee is incurred) when a sponsor notifies FDA of its intent to use the voucher. Upon receipt of this notification, FDA will issue an invoice to the sponsor for the rare pediatric disease priority review voucher fee. The invoice will include instructions on how to pay the fee via wire transfer, electronic check, or online payments.
                </P>
                <HD SOURCE="HD1">V. Fee Payment Options and Procedures</HD>
                <HD SOURCE="HD2">A. Fee Payment Procedures</HD>
                <P>
                    Payment must be made in U.S. currency by electronic check, wire transfer, or credit card.
                    <SU>8</SU>
                    <FTREF/>
                     The preferred payment method is online using electronic check (Automated Clearing House (ACH) also known as eCheck) or credit card (Discover, VISA, MasterCard, American Express). Secure electronic payments can be submitted using the User Fees Payment Portal at 
                    <E T="03">https://userfees.fda.gov/pay</E>
                    . (
                    <E T="03">Note:</E>
                     Only full payments are accepted. No partial payments can be made online.) Once you search for your invoice, select “Pay Now” to be redirected to 
                    <E T="03">Pay.gov</E>
                    . Note that electronic payment options are based on the balance due. Payment by credit card is available for balances that are less than $25,000. If the balance exceeds this amount, only the ACH option is available. Payments must be made using U.S. bank accounts as well as U.S. credit cards.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         “Change in Federal Payment and Collection Options” announcement published in the 
                        <E T="04">Federal Register</E>
                         on June 27, 2025 (90 FR 27639).
                    </P>
                </FTNT>
                <P>
                    FDA has partnered with the U.S. Department of the Treasury to use 
                    <E T="03">Pay.gov</E>
                    , a web-based payment application, for online electronic payment. The 
                    <E T="03">Pay.gov</E>
                     feature is available on the FDA website after the user fee identification (ID) number is generated.
                </P>
                <HD SOURCE="HD2">B. Wire Transfer Payment Process</HD>
                <P>
                    If paying by wire transfer, please reference your invoice number/unique user fee ID number when completing your transfer. (For rare pediatric disease priority review, please use your invoice number issued by FDA upon receipt of notification. For all other priority reviews, please use the unique user fee ID number generated for the 
                    <E T="03">Pay.gov</E>
                     feature.) The originating financial institution may charge a wire transfer fee. If the financial institution charges a wire transfer fee, it is required to add that amount to the payment to ensure that the invoice is paid in full. The account information is as follows: U.S. Dept. of the Treasury, TREAS NYC, 33 Liberty St., New York, NY 10045, Account Number: 75060099, Routing Number: 021030004, SWIFT: FRNYUS33. If needed, FDA's tax identification number is 53-0196965.
                </P>
                <HD SOURCE="HD1">VI. Reference</HD>
                <P>
                    The following reference is on display with the Dockets Management Staff 
                    <PRTPAGE P="45044"/>
                    (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500, and is available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; it is not available electronically at 
                    <E T="03">https://www.regulations.gov</E>
                     as this reference is copyright protected. FDA has verified the website address as of the date this document publishes in the 
                    <E T="04">Federal Register</E>
                    , but websites are subject to change over time.
                </P>
                <EXTRACT>
                    <FP SOURCE="FP-2">
                        1. Ridley, D.B., H.G. Grabowski, and J.L. Moe, “Developing Drugs for Developing Countries,” 
                        <E T="03">Health Affairs,</E>
                         vol. 25, no. 2, pp. 313-324, 2006, available at: 
                        <E T="03">https://www.healthaffairs.org/doi/full/10.1377/hlthaff.25.2.313</E>
                        .
                    </FP>
                </EXTRACT>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18075 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Library of Medicine; Amended Notice of Meeting</SUBJECT>
                <P>
                    Notice is hereby given of a change in the meeting of the National Library of Medicine Board of Scientific Counselors, October 15-16, 2025, 9:00 a.m. to 4:00 p.m., which was published in the 
                    <E T="04">Federal Register</E>
                     on August 26, 2025, 90 FR 163, Page Number 415876.
                </P>
                <P>This notice is being amended to announce that the meeting will be changed from an In-Person Meeting to a Hybrid Meeting.</P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Denise M. Santeufemio,</NAME>
                    <TITLE>Supervisory Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18037 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Substance Abuse and Mental Health Services Administration</SUBAGY>
                <SUBJECT>Fiscal Year (FY) 2025 Notice of Supplemental Funding Opportunity</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Substance Abuse and Mental Health Services Administration, Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of intent to award supplemental funding.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice is to inform the public that the Substance Abuse and Mental Health Services Administration (SAMHSA) is supporting an administrative supplement in scope of the parent award for the one (1) eligible grant recipients funded in FY 2024 under the National Anti-Drug Coalitions Training and Workforce Development Cooperative Agreement (Short Title: Coalitions Training Cooperative Agreement), Notice of Funding Opportunity (NOFO) SP-24-003. The recipient may receive up to $300,000. This recipient has a project end date of September 29, 2029. The supplemental funding will be used to leverage existing resources to expand SAMHSA's youth-focused substance use prevention capacity to provide training and technical assistance to youth leaders who are members of anti-drug community coalitions from around the country and who are committed to addressing the evolving needs of the behavioral health field, thereby promoting youth engagement in substance use prevention workforce development opportunities. The recipient will use the funds to support development and implementation of a Substance Use Prevention Youth Summit in 2025-2026.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        David Wilson, Public Health Analyst, Substance Abuse and Mental Health Services Administration, 5600 Fishers Lane, Rockville, MD 20857, telephone 240-276-2588; email: 
                        <E T="03">david.wilson@samhsa.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Funding Opportunity Title:</E>
                     FY 2024 National Anti-Drug Coalitions Training and Workforce Development Cooperative Agreement (Short Title: Coalitions Training Cooperative Agreement), Notice of Funding Opportunity (NOFO) SP-24-003.
                </P>
                <P>
                    <E T="03">Assistance Listing Number:</E>
                     93.243.
                </P>
                <P>
                    <E T="03">Authority:</E>
                      
                    <E T="03">Sections 509, 516, and 520A of the Public Health Service Act,</E>
                     as amended.
                </P>
                <P>
                    <E T="03">Justification:</E>
                     CADCA is the only national organization that provides training and technical assistance solely focused on community anti-drug coalitions annually through their national leadership conference and mid-year training institute. CADCA's reach of more than 5,000 community coalitions and long-history of training and technical assistance to thousands of members of community coalitions dedicated to preventing substance use means they are uniquely positioned to carry out the activities included in this supplemental funding. This is not a formal request for application. Assistance will only be provided to the one (1) Coalitions Training Cooperative Agreement grant recipient funded in FY 2024.
                </P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Ann Ferrero,</NAME>
                    <TITLE>Public Health Analyst.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18029 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4162-20-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Substance Abuse and Mental Health Services Administration</SUBAGY>
                <SUBJECT>Fiscal Year (FY) 2025 Notice of Supplemental Funding Opportunity</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Substance Abuse and Mental Health Services Administration, Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of intent to award supplemental funding.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This notice is to inform the public that the Substance Abuse and Mental Health Services Administration (SAMHSA) is supporting an administrative supplement in scope of the parent award for the one eligible grant recipient funded in FY 2023 under the Historically Black Colleges and Universities Center for Excellence (HBCU-CFE) grant, Notice of Funding Opportunity (NOFO) (TI-23-015). The recipient may receive up to $350,000 total funding. This recipient has a project end date of September 29, 2026. The supplement expands SAMHSA's engagement with Historically Black Colleges and Universities (HBCUs) by supporting a series of strategic initiatives that promote behavioral health career exploration and student wellness. These efforts are aligned with Executive Order 14283, 
                        <E T="03">The White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities</E>
                         and focus on building active public-private sector and philanthropic partnerships to advance shared goals related to student success and retention and creating professional development opportunities for HBCU students to help build America's workforce in behavioral health. The initiative will include the formation of a planning committee and a national convening of HBCU educators and behavioral health professionals to co-develop a shared vision and strategy. A key deliverable will be the creation of a behavioral health career exploration curriculum tailored to high school, community college, and early college students, with plans for national 
                        <PRTPAGE P="45045"/>
                        dissemination through local educational agencies. To further support student wellness and crisis prevention, the program will co-develop peer-led, campus-based interventions focused on suicide and crisis prevention and launch a culturally responsive 988 education and public awareness campaign tailored to HBCU communities. Together, these efforts will strengthen behavioral health workforce pathways, foster innovation, and align with Executive Order 14283 by advancing excellence and opportunity across HBCUs. 
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P/>
                    <P>
                        <E T="03">Mohammad Sharara,</E>
                         Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, 5600 Fishers Lane, Rockville, MD 20857, telephone 771-241-8157, email 
                        <E T="03">Mohammad.Sharara@samhsa.hhs.gov.</E>
                    </P>
                    <P>
                        <E T="03">Jill Mays,</E>
                         Substance Abuse and Mental Health Services Administration, 988 and Behavioral Health Crisis Coordinating Office, 5600 Fishers Lane, Rockville, MD 20857, telephone 202-407-2169, email 
                        <E T="03">Jill.Mays@samhsa.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Funding Opportunity Title:</E>
                     FY 2023 Historically Black Colleges and Universities Center for Excellence (HBCU-CFE) grant TI-23-015.
                </P>
                <P>
                    <E T="03">Assistance Listing Number:</E>
                     93.243.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     The HBCU-CFE award is authorized under the Public Health Service Act, Section 509; 42 U.S.C 290bb-2 and Section 520A; 42 U.S.C 290bb-32.
                </P>
                <P>
                    <E T="03">Justification:</E>
                     SAMHSA is proposing a single source supplemental award to Clark University, the current grantee operating the Historically Black Colleges and Universities (HBCU) Center for Excellence (CFE), to support expanded activities aligned with Executive Order 14283. Clark University has demonstrated a strong track record of success in leading the HBCU CFE, including activities such as: bi-monthly educational webinars for future leaders in healthcare, the 988 Call for the Culture Suicide Prevention Initiative, and the Pre-Career Footsteps Mentoring Corp Leaders Program. These activities all support outreach, training, and retention with the purpose of preparing HBCU students to enter the behavioral health workforce.
                </P>
                <P>As the established infrastructure for SAMHSA's engagement with HBCUs, the HBCU CFE at Clark University is uniquely positioned to rapidly scale and implement the proposed activities without duplication of effort or delay. The grantee has existing relationships with HBCU leadership, behavioral health faculty, and student networks, as well as the administrative capacity to manage the proposed planning convenings, curriculum development, and interagency coordination. In addition, Clark Atlanta University has continuously built on a strong foundation of bonds with other HBCUs across the nation that can be utilized when coordinating curriculum development. Awarding this supplement to the current grantee ensures continuity, leverages existing investments, and maximizes the impact of the $350,000 in funding to advance behavioral health outcomes and workforce development across HBCUs.</P>
                <P>This is not a formal request for application. Assistance will only be provided to one HBCU CFE grant recipient funded in FY 2023 under the Historically Black Colleges and Universities Center for Excellence (HBCU-CFE) grant TI-23-015 based on the receipt of a satisfactory application and associated budget that is approved by a review group.</P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Ann Ferrero,</NAME>
                    <TITLE>Public Health Analyst.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18033 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4162-20-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Substance Abuse and Mental Health Services Administration</SUBAGY>
                <SUBJECT>Fiscal Year (FY) 2025 Notice of Supplemental Funding Opportunity</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Substance Abuse and Mental Health Services Administration, Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of intent to award supplemental funding.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice is to inform the public that the Substance Abuse and Mental Health Services Administration (SAMHSA) is supporting administrative supplements in scope of the parent award for the eleven eligible grant recipients funded in FY 2024 under the Prevention Technology Transfer Centers (PTTCs) Cooperative Agreements, Notice of Funding Opportunity (NOFO) SP-24-002. Recipients may receive up to $227,272 each for a total funding amount of approximately $2.5 million. These recipients have a project end date of September 29, 2029. The supplemental funding will be used to expand the efforts of the PTTCs to develop and deliver resources to the prevention field, allowing for a focused effort to SAMHSA prevention grant recipients.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Thia Walker, DrPH., Public Health Advisor, Substance Abuse and Mental Health Services Administration, 5600 Fishers Lane, Rockville, MD 20857, telephone 240-276-1835; email: 
                        <E T="03">Thia.Walker@samhsa.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Funding Opportunity Title:</E>
                     FY 2024 Prevention Technology Transfer Centers Cooperative Agreements SP-24-002.
                </P>
                <P>
                    <E T="03">Assistance Listing Number:</E>
                     93.243.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     Section 509 of the Public Health Service Act, as amended.
                </P>
                <P>
                    <E T="03">Justification:</E>
                     Eligibility for this supplemental funding is limited to the ten PTTC Regional Centers and the PTTC National Coordinating Center funded under the PTTC Cooperative Agreements funding announcement SP-24-002. The PTTCs will continue providing training/technical assistance services and quality improvement activities to the substance misuse prevention workforce including professionals/pre-professionals, organizations, and others in the prevention community. This supplemental funding will allow PTTCs to expand efforts to develop and deliver resources to the prevention field, allowing for a focused effort to SAMHSA prevention grant recipients. The PTTCs will continue working directly with SAMHSA and across the PTTC Network on activities aimed at improving implementation and delivery of effective substance misuse prevention interventions. The PTTCs will continue providing prevention skills trainings and technical assistance services that are: tailored to meet the needs of recipients and the prevention field, based in prevention science, and use evidence-based and promising practices. The PTTC National Coordinating Center (NCC) will continue serving as the focal point and providing leadership, infrastructure, and support for the ten PTTC Regional Centers.
                </P>
                <P>This is not a formal request for application. Assistance will only be provided to the eleven Prevention Technology Transfer Centers Cooperative Agreements grant recipients funded in FY 2024 under the Prevention Technology Transfer Centers Cooperative Agreements SP-24-002.</P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Ann Ferrero, </NAME>
                    <TITLE>Public Health Analyst.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18028 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4162-20-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="45046"/>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBJECT>Hungary Electronic System for Travel Authorization Validity and Eligibility</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Strategy, Policy, &amp; Plans; DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Announcement of Electronic System for Travel Authorization validity period and eligibility.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Homeland Security (DHS), in consultation with the U.S. Department of State, is normalizing Hungary's Electronic System for Travel Authorization (ESTA) travel authorization validity period, and changing the eligibility for citizens or nationals of Hungary traveling under the Visa Waiver Program (VWP) to the United States. This announcement reverses the 2023 DHS determination to reduce the ESTA travel authorization validity period for travel by citizens or nationals of Hungary from two years to one year, and to limit the validity of an ESTA for citizens or nationals of Hungary to a single use for ESTA applications. DHS is making these changes because Hungary has addressed the vulnerabilities that led to earlier ESTA restrictions.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This decision was effective on September 11, 2025. The changes will be implemented by September 30, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Caitlin Finn, Office of International Affairs, Office of Strategy, Policy, &amp; Plans, Department of Homeland Security, 2707 Martin Luther King Jr Ave. SE, Washington, DC 20528.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <HD SOURCE="HD2">A. The Visa Waiver Program</HD>
                <P>
                    Pursuant to section 217 of the Immigration and Nationality Act (INA), 8 U.S.C. 1187, the Secretary of Homeland Security (the Secretary),
                    <SU>[1]</SU>
                     in consultation with the Secretary of State, may designate certain countries for participation in the Visa Waiver Program (VWP) if certain requirements are met. Those requirements include, among others:
                </P>
                <P>(1) a rate of nonimmigrant visitor visa refusals for citizens or nationals of the country below the statutorily established threshold;</P>
                <P>(2) certification by the government seeking designation for VWP participation that it issues machine-readable passports that comply with internationally accepted standards;</P>
                <P>(3) a determination by the Secretary, in consultation with the Secretary of State, that the country's designation would not negatively affect U.S. law enforcement and security interests;</P>
                <P>(4) an agreement to report, or make available through INTERPOL or other designated means authorized by the Secretary, information about the theft or loss of passports to the U.S. government within the designated timeframe;</P>
                <P>(5) the country's government's acceptance for repatriation of any citizen, former citizen, or national not later than three weeks after the issuance of a final order of removal; and</P>
                <P>(6) an agreement with the United States to share information regarding whether citizens and nationals of the country traveling to the United States represent a threat to the security or welfare of the United States or its citizens.</P>
                <FP>INA section 217(c)(2)(A)-(F), 8 U.S.C. 1187(c)(2)(A)-(F).</FP>
                <P>
                    The INA also sets forth requirements for countries' continued VWP eligibility and, where appropriate, probation, suspension, or termination of program countries. 
                    <E T="03">See</E>
                     INA section 217(c)-(f), 8 U.S.C. 1187(c)-(f).
                </P>
                <P>Citizens and nationals of VWP countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for business or pleasure for a period of ninety days or less without first obtaining a nonimmigrant visa, provided they are otherwise eligible for admission under applicable statutory and regulatory requirements. To travel to the United States under the VWP, an alien must, without limitation:</P>
                <P>(1) be seeking entry as a visitor for business or pleasure for ninety days or less;</P>
                <P>(2) be a citizen or national of a VWP country;</P>
                <P>(3) present a valid unexpired electronic and machine-readable passport that meets program requirements and is issued by a designated VWP country to the air or vessel carrier before departure;</P>
                <P>(4) execute the required immigration forms;</P>
                <P>(5) if arriving at a port of entry into the U.S. by air or sea, arrive on an authorized carrier;</P>
                <P>(6) not represent a threat to the welfare, health, safety or security of the United States;</P>
                <P>(7) not have failed to comply with the conditions of any previous admission as a nonimmigrant visitor;</P>
                <P>(8) possess a round-trip transportation ticket;</P>
                <P>(9) obtain an approved travel authorization via Electronic System for Travel Authorization (ESTA);</P>
                <P>(10) waive the right to review or appeal a decision regarding admissibility at the port of entry or to contest, other than on the basis of an application for asylum, any action for removal; and</P>
                <P>(11) meet other program requirements.</P>
                <FP>
                    INA section 217(a)-(b); 8 U.S.C. 1187(a)-(b); 
                    <E T="03">see also</E>
                     8 CFR part 217.
                </FP>
                <P>
                    Hungary was designated for participation in the VWP on November 17, 2008. 
                    <E T="03">See</E>
                     73 FR 67711  (Nov. 17, 2008).
                </P>
                <HD SOURCE="HD2">B. ESTA Validity Period and Eligibility</HD>
                <P>
                    Pursuant to DHS regulations, a travel authorization issued under ESTA is generally valid for a period of two years from the date of issuance for all citizens and nationals of that VWP country. 
                    <E T="03">See</E>
                     8 CFR 217.5(d)(1). However, the Secretary, in consultation with the Secretary of State, may increase or decrease the ESTA travel authorization validity period and eligibility for a designated VWP country. 
                    <E T="03">See</E>
                     8 CFR 217.5(d)(3); 
                    <E T="03">see also</E>
                     INA section 217(h)(3)(C)(i), 8 U.S.C. 1187(h)(3)(C)(i) (“[T]he Secretary of Homeland Security may revoke any such determination [of an ESTA travel authorization validity period] or shorten the period of eligibility under any such determination at any time and for any reason.”).
                    <SU>[2]</SU>
                     DHS publishes notice of any changes to ESTA travel authorization validity periods in the 
                    <E T="04">Federal Register</E>
                     and updates the ESTA website to reflect the specific ESTA travel authorization validity period. 
                    <E T="03">See</E>
                     8 CFR 217.5(d)(3).
                </P>
                <HD SOURCE="HD1">II. Change to Hungary's ESTA Validity Period and Eligibility</HD>
                <P>
                    DHS conducts the statutorily required review of each VWP country at least once every two years to evaluate the effects that continuing the country's designation in the program will have on U.S. national security, law enforcement, and immigration enforcement interests. 
                    <E T="03">See</E>
                     INA section 217(c)(5)(A), 8 U.S.C. 1187(c)(5)(A). Prior administrations reduced the validity period of ESTA travel authorizations for Hungarian travelers and limited the validity of an ESTA for Hungarian travelers to a single use. 
                    <E T="03">See</E>
                     88 FR 50759 (Aug. 2, 2023).
                </P>
                <P>
                    DHS, in consultation with DOS, has since determined that Hungary has sufficiently addressed the vulnerabilities that led to the ESTA restrictions and has confidence in its ability to continue to partner with DHS to meet all VWP security requirements. DHS, therefore, is extending the ESTA validity period to two years, and allowing multiple entries for applications received beginning September 30, 2025.
                    <PRTPAGE P="45047"/>
                </P>
                <P>Consistent with DHS's statutory obligations to review each VWP country's compliance with all program requirements every two years, DHS will review Hungary's implementation of all VWP requirements and report findings to Congress. The Secretary of Homeland Security, in consultation with the Secretary of State, also retains the authority to suspend or terminate Hungary's designation as VWP country.</P>
                <SIG>
                    <NAME>Kristi Noem,</NAME>
                    <TITLE>Secretary of Homeland Security.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18031 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-9M-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY>
                <DEPDOC>[CIS No. 2823-25; DHS Docket No. USCIS-2025-0008]</DEPDOC>
                <SUBJECT>Notice of Implementation of 2025 Naturalization Civics Test</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Homeland Security, U.S. Citizenship and Immigration Services.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Homeland Security (DHS or the Department), U.S. Citizenship and Immigration Services (USCIS) is reimplementing the 2020 Naturalization Civics Test, which was originally announced on November 13, 2020, with some modifications (henceforth “2025 Naturalization Civics Test”). This 2025 Naturalization Civics Test satisfies the statutory requirement for aliens to demonstrate a knowledge and understanding of the fundamentals of American history, and of the principles and form of government of the United States in pursuit of naturalization. This notice does not change the English language parts of the naturalization test (reading, writing, speaking, and understanding).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This notice is effective on September 18, 2025. USCIS will administer the 2025 Naturalization Civics Test to aliens who file their naturalization applications on or after October 20, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Residence and Naturalization Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; or by phone at 240-721-3000.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Purpose</HD>
                <P>
                    United States citizenship confers rights, privileges, and responsibilities that are vital to the security and safety of the United States, unification around a common American identity, and dedication to the common welfare of the American people. The ability to become a naturalized citizen is the most meaningful immigration benefit the United States can bestow on an alien. In order to become a United States citizen, an alien must be willing and able to accept all of the responsibilities of being a United States citizen in return for certain rights and privileges. The rights of U.S. citizenship include the right to vote and the right to hold public office. The responsibilities of U.S. citizenship include serving on federal juries and most state juries, supporting and defending the United States and the U.S. Constitution, bearing loyalty to the United States and abjuring allegiance to any other country, and serving in the military or performing civilian service when called upon by the government.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See</E>
                         USCIS, Citizen's Almanac (Form M-76), pg. 2, 
                        <E T="03">https://www.uscis.gov/sites/default/files/document/guides/M-76.pdf</E>
                         (Rev. Sept. 2014).
                    </P>
                </FTNT>
                <P>
                    In recognition that aliens applying for naturalization must be willing and able to carry out these rights and responsibilities, Congress, among other things, required that such aliens must demonstrate English proficiency, knowledge of the fundamentals of American history, and U.S. government and civics.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         INA sec. 312, 8 U.S.C. 1423; 
                        <E T="03">see</E>
                         8 CFR part 312.
                    </P>
                </FTNT>
                <P>Demonstration of English and civics knowledge is essential to showing an alien's commitment to fulfill the rights and responsibilities of U.S. citizenship and to actively assimilate into American society. Understanding the rights and responsibilities of citizenship, engaging with the government, and fully contributing to the democratic process all rely on a basic understanding of U.S. government and civics. Further, knowledge of U.S. government and civics enables naturalized citizens to more fully engage with local and federal government agencies and be active and responsible members of their local communities, furthering the success of our democracy.</P>
                <HD SOURCE="HD1">II. Background</HD>
                <HD SOURCE="HD2">Legal Authority</HD>
                <P>
                    Section 312 of the Immigration and Nationality Act (INA), 8 U.S.C. 1423, outlines the civics requirements for naturalization.
                    <SU>3</SU>
                    <FTREF/>
                     Candidates for naturalization must have “knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States.” 
                    <E T="03">See</E>
                     INA sec. 312(a)(2), 8 U.S.C. 1423(a)(2).
                    <SU>4</SU>
                    <FTREF/>
                     Under INA sec. 312(b)(3), special consideration is provided for the civics test for aliens who are over the age of 65 when they file their naturalization application and have been living in the United States for periods totaling at least 20 years subsequent to lawful admission for permanent residence. In addition, INA sec. 332(a), 8 U.S.C. 1443(a), provides specific authority for administering the civics test. Specifically, the INA states that the Secretary “shall make such rules and regulations as may be necessary to carry into effect the provisions of this part and is authorized to prescribe the scope and nature of the examination of applicants for naturalization as to their admissibility to citizenship.” INA sec. 332(b), 8 U.S.C. 1443(b), provides authority to “promote instruction and training in citizenship responsibilities of applicants for naturalization.” DHS develops and administers these tests pursuant to its regulations in 8 CFR part 312.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Although several provisions of the INA discussed in this final rule refer exclusively to the “Attorney General,” such provisions now refer to the Secretary of Homeland Security by operation of the Homeland Security Act of 2002 (HSA) (Pub. L. 107-296, 116 Stat. 2135) (codified at 6 U.S.C. 101 
                        <E T="03">et. seq.</E>
                        ). 
                        <E T="03">See</E>
                         6 U.S.C. 202(3), 251, 271(b), 542 note, 557; 
                        <E T="03">see also</E>
                         8 U.S.C. 1103(a)(1), (a)(3), (g), 1551 note; 
                        <E T="03">Nielsen</E>
                         v. 
                        <E T="03">Preap,</E>
                         586 U.S. 392, 397 n.2 (2019).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The requirements of INA section 312(a) do not apply to aliens who are unable because of physical or developmental disability or mental impairment to comply with them. INA sec. 312(b)(1), 8 U.S.C. 1423(b)(1).
                    </P>
                </FTNT>
                <P>
                    The language in INA secs. 312 and 332, 8 U.S.C. 1423 and 1443, as well as the Secretary's broad general authority under INA sec. 103(a), 8 U.S.C. 1103(a), and the Homeland Security Act,
                    <SU>5</SU>
                    <FTREF/>
                     authorize the Secretary to issue regulations and delegate certain duties to any organizational unit, including USCIS, to administer the immigration and naturalization of aliens,
                    <SU>6</SU>
                    <FTREF/>
                     and to 
                    <PRTPAGE P="45048"/>
                    develop, revise, and administer the naturalization test.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         HSA sec. 102, 6 U.S.C. 112, specifically authorizes the Secretary to delegate any of the Secretary's functions to any officer, employee, or organizational unit of the Department.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         USCIS, previously known as the Bureau of Immigration and Citizenship Services, was established by HSA sec. 451, 6 U.S.C. 271. The Secretary delegated certain authorities to USCIS including broad authority over naturalization and citizenship of aliens. 
                        <E T="03">See</E>
                         Delegation 0150.1, 
                        <E T="03">Delegation to the Bureau of Citizenship and Immigration Services</E>
                         (Jun. 5, 2003) (“I hereby delegate to the Bureau of Citizenship and Immigration Services . . . [a]uthority under the immigration laws, including but not limited to sections 310 and 341 of the INA (8 U.S.C. 1421 and 1452), to grant applications for naturalization and certificates of citizenship (and revoke such naturalization), including administration of oaths, issuance of certificates, provision of citizenship materials and services to public schools to prepare 
                        <PRTPAGE/>
                        naturalization candidates, supervision of courts designated under INA sec. 310 to administer oaths, and any other rights and responsibilities relating to the naturalization or citizenship of aliens.”).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">The Naturalization Test</HD>
                <P>
                    Consistent with the above authority and delegation, USCIS is responsible for assessing an alien's knowledge of civics through testing.
                    <SU>7</SU>
                    <FTREF/>
                     As discussed previously, USCIS's authority to administer the civics test also extends to developing and revising the test, as USCIS deems appropriate and necessary.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         8 CFR 312.2(c).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         While major revisions of the test, like the 2008 and 2020 efforts have not been very frequent, USCIS updates responses to certain questions on a rolling basis for accuracy. For example, questions may be updated because of Federal or state elections, certain judicial appointments, or due to statutory changes or updates. When test questions are updated, so is the public-facing bank of questions and study materials, if applicable. 
                        <E T="03">See</E>
                         USCIS, Check for Test Updates, 
                        <E T="03">https://www.uscis.gov/citizenship/find-study-materials-and-resources/check-for-test-updates</E>
                         (last reviewed/updated Jan. 21, 2025). The National Reporting System for Adult Education recommends that tests used for adult education be recertified every 7 years, although most standardized tests are recertified on a 4 or 5 year basis. 
                        <E T="03">See</E>
                         34 CFR 462.14(a).
                    </P>
                </FTNT>
                <P>
                    The civics test has been administered in some form since the early 1900s. As far back as 1908, the former Immigration Service and the Courts determined that a person could not establish the naturalization requirement of showing an attachment to the Constitution unless he or she had some understanding of its provisions.
                    <SU>9</SU>
                    <FTREF/>
                     However, without a standard test, local judges or magistrates administered their own test.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See In re Meakins,</E>
                         164 F. 334, 335 (E.D. Wash. 1908); 
                        <E T="03">see also In re Vasicek,</E>
                         271 F. 326, 330 (E.D. Mo. 1921).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Prior to 1906, the Federal Government did not oversee naturalization proceedings and naturalization hearings. The questions were normally asked in open court and appear to have been impromptu, with judges basing follow-questions upon the answers provided (during this era many newspapers made it a practice to occasionally send a reporter to the local naturalization courts to record and repot on comical or particularly lackadaisical question and answer sessions.). For example, in 1896, a Pennsylvania court ruled that all applicants for naturalization in his court would be required to demonstrate a “general familiarity with the Federal Constitution and with our method of government, state and national.” 
                        <E T="03">In re Northumberland County Naturalization,</E>
                         5 Pa. D. 597 (Pa.Com.Pl. 1896) In 1902, the Supreme Court of Mississippi judged that “a very ignorant Swede” with little knowledge of US law could become a citizen despite his lack of understanding of the Constitution. 
                        <E T="03">Ex parte Johnson,</E>
                         31 So.208, 209 (1902). The court opined that even “[t]he most ignorant day laborer may so conduct himself as to be as worthy a citizen as any of the numerous great men of the nation.” 
                        <E T="03">Id.</E>
                         In most cases, the key question was whether behavior (following the laws, supporting one's family, etc.) could alone be sufficient evidence of attachment to the Constitution.
                    </P>
                </FTNT>
                <P>
                    In the 1930s, the former Immigration and Naturalization Service (INS) under INS Commissioner D.W. MacCormack made reforming naturalization testing a major initiative under his tenure. Commissioner MacCormack issued instructions to create a definite and uniform procedure for examining aliens for citizenship and stressed that the examinations were meant to demonstrate the attachment to the principles of the Constitution rather than memorization of facts, and that the examination be uniform, fair, and devoid of “trick questions.” 
                    <SU>11</SU>
                    <FTREF/>
                     The Nationality Act of 1940 expanded the agency's authority to test naturalization candidates' knowledge of the Constitution and U.S. Government.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See Citizenship Program of the Immigration and Naturalization Service</E>
                         (1936).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         the Nationality Act of 1940, Public Law 76-853, 54 Stat. 1137, 1151 (1940) (“Under the Act, . . . . [s]uch examination shall be limited to inquiry concerning the applicant's . . . understanding of and attachment to the fundamental principles of the Constitution of the United States, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States.”).
                    </P>
                </FTNT>
                <P>
                    The Internal Security Act of 1950 put into place what can be considered the modern educational requirements for naturalization, by amending the Nationality Act of 1940 to make knowledge of U.S. history and civics an explicit requirement for naturalization.
                    <SU>13</SU>
                    <FTREF/>
                     These amendments were carried forward essentially without change into the Immigration and Nationality Act (INA) when it was enacted in 1952.
                    <SU>14</SU>
                    <FTREF/>
                     INS policy in 1950 maintained the civics test as primarily an oral quiz, with the degree of questioning determined by the alien's education, background, and interactions with the examiner.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Internal Security Act of 1950, Public Law 81-831, 64 Stat. 987, 1018 (1950) (Adding the requirement that an alien must demonstrate “a knowledge and understanding of the fundamentals of the 
                        <E T="03">history and the principles and form of government, of the United States</E>
                        ”) (emphasis added).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See Immigration and Nationality Act</E>
                         of 1952, Public Law 82-414, 66 Stat. 163,240 (1952) (Incorporating into Section 312 of the Act the requirement that an alien must demonstrate “a knowledge and understanding of the fundamentals of the history and the principles and form of government, of the United States.”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         INS, Nationality Manual § 835.82 (updated Apr. 1, 1950).
                    </P>
                </FTNT>
                <P>
                    The Immigration Reform and Control Act of 1986 (IRCA) mandated that aliens legalized under INA 245A meet basic citizenship skills.
                    <SU>16</SU>
                    <FTREF/>
                     Aliens who qualified under IRCA could choose to demonstrate their understanding of U.S. history and government by taking a course prescribed in IRCA. For all other aliens, including those aliens who qualified under IRCA who chose not to take a prescribed course, INS developed the “100 civics questions,” based on content from the Federal Textbooks on Citizenship.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Public Law 99-603, 100 Stat. 3359, 3396 (1986). The INS Standardized Citizenship Testing Program was conducted by five non-government companies on behalf of the INS. That program was established in 1991 and ended on August 30, 1998. 
                        <E T="03">See English Language, American History and Civics, Standardized Naturalization Test,</E>
                         63 FR 25080 (May 6, 1998).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         United States, Bureau of Naturalization, 
                        <E T="03">Federal Textbook on Citizenship</E>
                         (1918). (First published in 1918 by the former Bureau of Naturalization, it was designed to assist immigrants prepare for naturalization examinations and was distributed to public schools offering citizenship classes).
                    </P>
                </FTNT>
                <P>
                    In years past, the standardization and meaningfulness of the naturalization test came under scrutiny for several reasons, including the lack of standard content, instruments, protocols, or scoring rubrics.
                    <SU>18</SU>
                    <FTREF/>
                     In response, the INS began a revision process in 1997 and published an updated naturalization test in 2000 that standardized test questions; however, INS did not at that time standardize the manner in which the test was administered.
                    <SU>19</SU>
                    <FTREF/>
                     Since then, USCIS has actively worked to continue standardizing the naturalization civics test and to ensure the test is transparent. USCIS revised the test in 2008 and then again on December 1, 2020.
                    <SU>20</SU>
                    <FTREF/>
                     USCIS rescinded the December 1, 2020 revisions on February 22, 2021, when USCIS announced it was reverting to the 2008 Naturalization Civics Test beginning on March 1, 2021.
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         U.S. Comm'n on Immigration Reform, 105th Cong., 
                        <E T="03">Becoming an American: Immigration and Immigrant Policy: 1997 Executive Summary,</E>
                         (1997), pp. 46-47.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         INS, U.S. Dep't of Justice, 
                        <E T="03">Policy Memorandum No. 73: Standardization of Procedures for Testing Naturalization Applicants on English and Civic</E>
                         (Dec. 26, 2000) (announced plans to redesign the test, provided sample civics test questions, and provided interim guidance and procedures for testing aliens on English literacy and civics knowledge until the naturalization test was redesigned).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See generally,</E>
                         USCIS, Memorandum from L. Francis Cissna, 
                        <E T="03">Revision of the Naturalization Civics Test</E>
                         (May 3, 2019), 
                        <E T="03">https://www.uscis.gov/sites/default/files/document/memos/Revision_of_the_Naturalization_Civics_Test_D1_Signed_5-3-19.pdf. See also</E>
                         USCIS, PA-2020-20, Policy Alert, 
                        <E T="03">Civics Educational Requirement for Purposes of Naturalization</E>
                         (Nov. 13, 2020), 
                        <E T="03">https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201113-CivicsTest.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         USCIS, PA-2021-02, Policy Alert, 
                        <E T="03">Revising Guidance on Naturalization Civics Educational Requirement</E>
                         (Feb. 22, 2021), 
                        <E T="03">https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210222-CivicsTest.pdf.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">The 2020 Naturalization Civics Test</HD>
                <P>
                    In 2018, after closely examining the 2008 Naturalization Civics Test, USCIS determined that the test could be improved and initiated a revision 
                    <PRTPAGE P="45049"/>
                    process. The revision included an expansion of the bank of testing questions, rewording/revising of questions, and adding questions to ensure adequate familiarity with American history and principles and form of U.S. government. These revisions culminated in the 2020 Naturalization Civics Test.
                    <SU>22</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">See</E>
                         USCIS, 128 Civics Questions and Answers (2020 version) (revised Feb. 2021), 
                        <E T="03">https://www.uscis.gov/sites/default/files/document/crc/M_1778LG.pdf.</E>
                    </P>
                </FTNT>
                <P>The 2020 Naturalization Civics Test fulfills the statutory requirement that an alien must demonstrate “a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States” as required under sec. 312 of the INA and further outlined in 8 CFR part 312.</P>
                <P>
                    The 2020 Naturalization Civics Test increased the general bank of civics test questions from 100 to 128, the number of test questions for the exam to 20 (from 10), and the number of correct answers needed to pass the civics test to 12 (from 6). Officers asked all 20 questions, and the alien had to answer 12 questions correctly. The test was administered by an officer who asked the alien questions from a computer-generated list of 20 questions selected randomly at prescribed levels of difficulty from the bank of 128 questions. With the 2020 Naturalization Civics Test, USCIS aimed to standardize the administration of the Naturalization Civics Test and ensure that the test provided a meaningful assessment of an alien's knowledge and understanding of U.S. history and government, and that it was uniform and fair for all aliens applying for naturalization.
                    <SU>23</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See</E>
                         USCIS, PA-2020-20, Policy Alert, 
                        <E T="03">Civics Educational Requirement for Purposes of Naturalization, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201113-CivicsTest.pdf</E>
                        .
                    </P>
                </FTNT>
                <P>
                    Although the 2020 Naturalization Civics Test increased the number of questions in the questions bank from 100 to 128, approximately 75 percent of the content came from the 2008 Naturalization Civics Test.
                    <SU>24</SU>
                    <FTREF/>
                     This included some questions that were taken verbatim from the 2008 Naturalization Civics Test, as well as content that was revised or recontextualized. Some questions from the 2008 version of the civics test no longer appeared in the 2020 Naturalization Civics Test and approximately 25 percent of the test constituted new content.
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         USCIS, Civics Questions and Answers (2008 version) (revised Aug. 2021) 
                        <E T="03">https://www.uscis.gov/sites/default/files/document/questions-and-answers/OoC_100_Questions_2008_Civics_Test_V1.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    Before full implementation, USCIS conducted a pilot of the 2020 Naturalization Civics Test in the summer of 2020.
                    <SU>25</SU>
                    <FTREF/>
                     The pilot test reviewed the effectiveness and difficulty level of some of the questions with volunteers. USCIS recruited community-based organizations (CBOs) that offered adult citizenship education courses to lawful permanent residents preparing for the naturalization test as volunteers to participate in the pilot test.
                    <SU>26</SU>
                    <FTREF/>
                     USCIS then worked with the CBOs to help identify students who would volunteer to take the pilot test. The pilot test was administered remotely to students who volunteered to participate in the pilot test. USCIS asked participants the civics test questions orally and then captured their answers on a digital testing platform. The pilot test was originally intended to be administered in-person, but due to restrictions resulting from the COVID-19 pandemic, it was converted to a virtual pilot test. Based on the data and results from the pilot test, USCIS edited questions and answer choices,
                    <SU>27</SU>
                    <FTREF/>
                     and identified the 20 questions from which to select 10 questions for the aliens over the age of 65 who had at least 20 years of residence as lawful permanent residents (LPRs).
                    <SU>28</SU>
                    <FTREF/>
                     The pilot helped USCIS determine the language and grammatical structure of individual test items and assign linguistic and cognitive weights to each test item.
                    <SU>29</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See</E>
                         USCIS, USCIS Announces a Revised Naturalization Civics Test (Nov. 13, 2020), 
                        <E T="03">https://www.uscis.gov/news/news-releases/uscis-announces-a-revised-naturalization-civics-test</E>
                         (last reviewed/updated Nov. 13, 2020).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">See</E>
                         INA 312(b)(3), 8 U.S.C. 1423(b)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See</E>
                         USCIS, USCIS Announces a Revised Naturalization Civics Test (Nov. 13, 2020), 
                        <E T="03">https://www.uscis.gov/news/news-releases/uscis-announces-a-revised-naturalization-civics-test</E>
                         (last updated/reviewed Nov. 13, 2020).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">III. The 2025 Naturalization Civics Test</HD>
                <P>
                    On January 20, 2025, President Trump issued Executive Order (E.O.) 14161, 
                    <E T="03">Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats.</E>
                    <SU>30</SU>
                    <FTREF/>
                     The E.O. directs the Secretary to “[e]valuate the adequacy of programs designed to ensure the proper assimilation of lawful immigrants into the United States, and recommend any additional measures to be taken that promote a unified American identity and attachment to the Constitution, laws, and founding principles of the United States[.]”
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">See</E>
                         90 FR 8451 (Jan. 30, 2025).
                    </P>
                </FTNT>
                <P>Consistent with this directive, USCIS is reimplementing the 2020 Naturalization Civics Test with some modifications (discussed in this section) (“2025 Naturalization Civics Test”) as a measure to promote a unified American identity and attachment to the Constitution, laws, and founding principles of the United States. For the reasons discussed previously, USCIS believes that the 2020 Naturalization Civics Test made important improvements, and thus better fulfills the statutory requirement that an alien must demonstrate “a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States” as required under INA sec. 312 and further outlined in 8 CFR part 312.</P>
                <P>
                    The 2020 Naturalization Civics Test was announced on November 13, 2020, and was administered from December 1, 2020, to April 30, 2021, including to aliens whose naturalization applications were already pending as of the date of implementation. After a change in administration, USCIS gradually reverted to the 2008 Naturalization Civics Test. USCIS announced the reversion on February 22, 2021.
                    <SU>31</SU>
                    <FTREF/>
                     The reversion to the 2008 Naturalization Civics Test was based on a preliminary “determination that the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process [and that the reversion was] consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems.” 
                    <SU>32</SU>
                    <FTREF/>
                     This prior determination was not supported by data or other evidence that the revised 2020 Naturalization Civics Test had or would create such barriers, and the revised test was in place for too short a time for USCIS to gather sufficient data from its administration to be able to make a reasonable assessment of possible impacts.
                </P>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">See</E>
                         USCIS, USCIS Reverts to the 2008 Version of the Naturalization Civics Test, 
                        <E T="03">https://www.uscis.gov/archive/uscis-reverts-to-the-2008-version-of-the-naturalization-civics-test</E>
                         (last reviewed/updated Feb 22, 2021).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">Id.;</E>
                         E.O. 14012, 
                        <E T="03">Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,</E>
                         76 FR 8277 (Feb. 2, 2021).
                    </P>
                </FTNT>
                <P>
                    USCIS believes that the 2020 Naturalization Civics Test development process and the pilot test made critical updates to the accuracy and relevance of the civics test. USCIS also believes that the changes in the test and process ensured that the administration of the 
                    <PRTPAGE P="45050"/>
                    test is standardized, methodical, and fair. USCIS believes that the 2020 Naturalization Civics test better ascertains the understanding and knowledge necessary to qualify for naturalization than the 2008 Naturalization Civics test. In addition, USCIS believes that the publication of this notice in the 
                    <E T="04">Federal Register</E>
                    , the advance publication of study materials (as discussed in the next section), along with the implementation schedule based on the date on which a naturalization application is filed, will provide the public, and specifically aliens applying for naturalization, sufficient time to adapt to the new test, while also preserving the reliance interests of aliens who may have already prepared for the 2008 Naturalization Civics Test. USCIS also believes that these implementation improvements will address the underlying concerns that led to the reversion to the 2008 Naturalization Civics Test.
                </P>
                <P>As discussed previously, when USCIS initially implemented the 2020 Naturalization Civics Test, USCIS administered a 20-question test of which the alien had to answer 12 test questions correctly. This was a change from the 2008 Naturalization Civics Test where USCIS administered a 10-question test of which the alien had to answer six questions correctly. In implementing the 2025 Naturalization Civics Test, USCIS will resume administering 20-question tests using the same bank of 128 questions and answers that it used for the 2020 Naturalization Civics Test. USCIS believed and continues to believe that administering a 20-question test is necessary to more comprehensively assess an alien's knowledge of U.S. history and government by ensuring that each test covers a broader set of topics.</P>
                <P>USCIS, however, is making a modification in the administration of the test. When USCIS initially implemented the 2020 Naturalization Civics Test, officers were required to orally ask all 20 test questions regardless of whether the alien had already answered a sufficient number to either pass or fail the test. This was a change from the 2008 Naturalization Civics Test where the officers were only required to orally ask questions until the alien either passed or failed the test. In implementing the 2025 Naturalization Civics Test, officers will only be required to ask questions until the alien either passes or fails the test. This is the only difference from the 2020 Naturalization Civics Test. Therefore, when an alien answers 12 questions correctly, the officer will stop administering the test. Similarly, when an alien answers nine questions incorrectly thus failing the test, the officer will stop administering the test. The implementation of the 2025 Naturalization Civics Test, as discussed in this notice, is a procedural change and will not change the passing score.</P>
                <P>
                    These changes balance the need of USCIS to ascertain the aliens' knowledge and understanding of the fundamentals of American history, and of the principles and form of government of the United States with the time available for each interview, and take into account feedback USCIS received in response to the initial implementation of the 2020 Naturalization Civics Test.
                    <SU>33</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Catholic Legal Immigration Network, 
                        <E T="03">Re: Policy Guidance Revisions: Civics Educational Requirement for Purposes of Naturalization</E>
                         (Dec. 1, 2020) (Noting that USCIS will need more time to administer the new test given the increase in the number of questions that must be asked and expressing concern about potential backlogs).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Implementation</HD>
                <P>
                    In advance of the implementation of the 2025 Naturalization Civics Test, USCIS will update the Naturalization Test and Study Materials 
                    <SU>34</SU>
                    <FTREF/>
                     and Resources for Educational Programs 
                    <SU>35</SU>
                    <FTREF/>
                     that aliens may consult to study for the test. These study guide materials will also include the bank of 128 possible civics test questions, from which 20 test questions will be randomly selected for each individual test, along with the answers to those questions. USCIS will also temporarily retain on its website the study materials for the 2008 Naturalization Civics Test to help aliens applying for naturalization who will be administered the 2008 Naturalization Civics Test based on their application filing date to prepare for the civics test.
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         USCIS, Naturalization Test and Study Resources, 
                        <E T="03">https://www.uscis.gov/citizenship/find-study-materials-and-resources</E>
                         (last reviewed/updated Dec. 9, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">See</E>
                         USCIS, Resources for Educational Programs, 
                        <E T="03">https://www.uscis.gov/citizenship/resources-for-educational-programs</E>
                         (last reviewed/updated Nov. 2, 2024). USCIS will also temporarily retain on its website the study materials for the 2008 Naturalization Civics Test.
                    </P>
                </FTNT>
                <P>To address any reliance interests that aliens applying for naturalization may have as related to the 2008 Naturalization Civics Test, and to ensure sufficient time for the public to become familiar with the revised content, and for aliens to adequately prepare for the 2025 Naturalization Civics Test, USCIS will implement the 2025 Naturalization Civics Test as follows:</P>
                <P>
                    1. Aliens who have already filed a naturalization application, or who file a naturalization application less than 30 days after this notice is published in the 
                    <E T="04">Federal Register</E>
                    , will take the 2008 Naturalization Civics Test;
                </P>
                <P>
                    2. Aliens who file a naturalization application 30 days or more after this notice is published in the 
                    <E T="04">Federal Register</E>
                     will take the 2025 Naturalization Civics Test; and
                </P>
                <P>
                    3. With respect to aliens who qualify for special consideration because they are age 65 or older and have resided in the U.S. as a lawful permanent resident for at least 20 years, USCIS will continue to administer a test with 10 questions from a specially selected bank of 20 test questions from either the 2008 or 2025 Naturalization Civics Test.
                    <SU>36</SU>
                    <FTREF/>
                     Specifically, aliens who have already filed a naturalization application, or who file a naturalization application less than 30 days after this notice is published in the 
                    <E T="04">Federal Register</E>
                    , will be administered a test with questions from the 2008 Naturalization Civics Test, while aliens who file a naturalization application 30 days or more after this notice is published in the 
                    <E T="04">Federal Register</E>
                     will be administered a test with questions from the 2025 Naturalization Civics Test. Regardless of their filing date, these aliens will only need to answer six questions correctly to achieve a passing score.
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See</E>
                         INA 312(b)(3), 8 U.S.C. 1423(b)(3).
                    </P>
                </FTNT>
                <P>
                    Most aliens who will be subject to the 2025 Naturalization Civics Test will not be tested until at least 3 months after the publication of this notice in the 
                    <E T="04">Federal Register</E>
                     based on the 30-day delay and interview scheduling times. USCIS believes that the 30-day delay before use of the 2025 Naturalization Civics Test, along with the timing of when the alien files the application for naturalization, allows sufficient notice for aliens applying for naturalization to prepare for the test.
                    <SU>37</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         In 2020, USCIS began administering the 2020 Naturalization Civics Test with two weeks advance notice, and the test was administered to both applicants whose applications were pending and those who filed their applications after the announcement of the 2020 Naturalization Civics Test.
                    </P>
                </FTNT>
                <SIG>
                    <NAME>Joseph B. Edlow,</NAME>
                    <TITLE>Director  U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18050 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-97-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="45051"/>
                <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <DEPDOC>[Docket No. FR-7104-N-17; OMB Control No.: 2577-0287]</DEPDOC>
                <SUBJECT>60-Day Notice of Proposed Information Collection: Alternative Inspections—Housing Choice Voucher Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Public and Indian Housing (PIH), HUD.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments Due Date:</E>
                         November 17, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit comments regarding this proposal. Written comments and recommendations for the proposed information collection can be sent within 60 days of publication of this notice to 
                        <E T="03">www.regulations.gov</E>
                        . Interested persons are also invited to submit comments regarding this proposal and comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Eva Fulton, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410-5000.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Eva Fulton, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410, email 
                        <E T="03">PIH-PRAPublicComments@hud.gov</E>
                        , telephone (202) 402-5847. This is not a toll-free number. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit 
                        <E T="03">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</E>
                        . Copies of available documents submitted to OMB may be obtained from Ms. Fulton.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.</P>
                <HD SOURCE="HD1">A. Overview of Information Collection</HD>
                <P>
                    <E T="03">Title of Information Collection:</E>
                     Alternative Inspections—Housing Choice Voucher Program.
                </P>
                <P>
                    <E T="03">OMB Approval Number:</E>
                     2577-0287.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Reinstatement without change of a previously approved collection.
                </P>
                <P>
                    <E T="03">Form Number:</E>
                     N/A.
                </P>
                <P>
                    <E T="03">Description of the need for the information and proposed use:</E>
                     A public housing agency (PHA) may comply with inspection requirements in the Housing Choice Voucher (HCV) program by relying on an alternative inspection method consistent with the requirements stated in the program regulations. If the inspection method is not one conducted for another housing program (HOME Investment Partnerships program, Low-Income Housing Tax Credits, or that performed by HUD), the PHA must submit a request to HUD's Real Estate Assessment Center (REAC) for approval of the alternative method. The submission must include a copy of the inspection method the PHA is requesting to use and an analysis that shows that the alternative method meets or exceeds Housing Quality Standards (HQS), as defined in 24 CFR 982.3. Also, PHAs with approved alternative inspection methods must monitor changes to the standards and requirements of this method, and, if changes are made, they must submit to HUD a copy of the revised standards and requirements along with a revised comparison to HQS. All submissions from PHAs for alternate inspection methods for review and HUD appeal should be emailed to REAC at 
                    <E T="03">NSPIREV_AlternateInspection@hud.gov.</E>
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     State, local, or Tribal governments.
                </P>
                <GPOTABLE COLS="8" OPTS="L2,nj,tp0,i1" CDEF="s50,10,10,10,8,7,8,9">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Information collection</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Frequency
                            <LI>of response</LI>
                        </CHED>
                        <CHED H="1">
                            Responses
                            <LI>per annum</LI>
                        </CHED>
                        <CHED H="1">
                            Burden
                            <LI>hour per</LI>
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">
                            Annual
                            <LI>burden</LI>
                            <LI>hours</LI>
                        </CHED>
                        <CHED H="1">
                            Hourly
                            <LI>cost per</LI>
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">
                            Annual
                            <LI>cost</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Initial email submission for HUD approval to use alternative inspection method</ENT>
                        <ENT>50</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>5</ENT>
                        <ENT>250</ENT>
                        <ENT>$37.69</ENT>
                        <ENT>$9,422.50</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Email submission for HUD approval to continue using alternative inspection method after modifications</ENT>
                        <ENT>15</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>3</ENT>
                        <ENT>45</ENT>
                        <ENT>37.69</ENT>
                        <ENT>1,696.05</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT>65</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>295</ENT>
                        <ENT/>
                        <ENT>11,188.55</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">B. Solicitation of Public Comment</HD>
                <P>This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:</P>
                <P>(1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>(2) The accuracy of the agency's estimate of the burden of the proposed collection of information;</P>
                <P>(3) Ways to enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    (4) Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </P>
                <P>HUD encourages interested parties to submit comment in response to these questions.</P>
                <HD SOURCE="HD1">C. Authority</HD>
                <P>Section 2 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507.</P>
                <SIG>
                    <NAME>Laura Kunkel,</NAME>
                    <TITLE>Acting Director, Office of Policy, Programs, and Legislative Initiatives.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18049 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4210-67-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="45052"/>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Ocean Energy Management</SUBAGY>
                <DEPDOC>[Docket No.: BOEM-2020-0018]</DEPDOC>
                <SUBJECT>Outer Continental Shelf, Alaska Region, Cook Inlet Planning Area, Oil and Gas Lease Sale 258</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Ocean Energy Management, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Amended notice of intent.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Ocean Energy Management (BOEM) will follow the new Department of Interior (DOI) National Environmental Policy Act (NEPA) regulations in preparing the supplemental environmental impact statement (EIS) for Lease Sale 258. BOEM will comply with these revised DOI NEPA regulations, procedures, and handbook for the remainder of the supplemental EIS process. As such, a notice of availability (NOA) for the draft supplemental EIS will not be issued for public comment, nor will public hearings be held. This supplemental EIS will provide new analysis in response to a remand by the U.S. District Court for the District of Alaska (Court). BOEM currently plans to complete and publish the final supplemental EIS by the end of 2025.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For information on the Cook Inlet Lease Sale 258 supplemental EIS or BOEM's policies associated with this notice, please contact Mr. Casey Rowe, Supervisor, Environmental Analysis Section, Bureau of Ocean Energy Management, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska 99503-5820, telephone (907) 312-3788, email 
                        <E T="03">casey.rowe@boem.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In its April 4, 2025, notice of intent (NOI), Docket No. BOEM-2020-0018 (90 FR 14866), BOEM announced its intent to prepare a supplemental EIS (Unique Identification Number DOI-BOEM-AK-2025-0001-EIS) for Outer Continental Shelf (OCS) Oil and Gas Lease Sale 258 in the Cook Inlet Planning Area, Alaska. BOEM amends its April 4, 2025, NOI to notify the public that, since the initial NOI was issued, the Council of Environmental Quality rescinded its NEPA implementing regulations effective April 11, 2025, 90 FR 10610 (Feb. 25, 2025). On July 3, 2025, DOI issued an interim final rule partially rescinding its NEPA implementing regulations and announcing that the remainder of its NEPA procedures will be maintained in a handbook separate from the Code of Federal Regulations, 90 FR 29498 (July 3, 2025). DOI's handbook of NEPA procedures is available at 
                    <E T="03">https://www.doi.gov/oepc/national-environmental-policy-act-nepa.</E>
                </P>
                <P>
                    BOEM was required to hold Cook Inlet Lease Sale 258 (Lease Sale 258) by the end of December 2022, as directed in the Inflation Reduction Act of 2022 (Pub. L. 117-169, enacted Aug. 16, 2022). On October 28, 2022, the NOA of the Cook Inlet Lease Sale 258 final EIS was published in the 
                    <E T="04">Federal Register</E>
                     (87 FR 65247). Subsequently, on November 22, 2022, the Assistant Secretary for Land and Minerals Management signed the record of decision (ROD), and BOEM published the NOA in the 
                    <E T="04">Federal Register</E>
                     on November 29, 2022 (87 FR 73322). On December 30, 2022, BOEM held Lease Sale 258, receiving one bid on one block, resulting in the issuance of one lease.
                </P>
                <P>On December 21, 2022, plaintiffs Cook Inletkeeper, et al., filed a lawsuit in the U.S. District Court for the District of Alaska under the Administrative Procedure Act alleging several violations of NEPA. On July 16, 2024, the Court ruled partially in favor of the plaintiffs and remanded without vacatur the Lease Sale 258 final EIS and ROD to BOEM to prepare a supplemental EIS to address three deficiencies identified by the Court. The three deficiencies identified by the Court are summarized as follows: (1) failure to consider a reasonable range of alternatives, specifically with respect to alternatives that would offer for lease a reduced number of blocks and meaningfully reduce overall impacts; (2) failure to take the requisite “hard look” at the impact of vessel noise from Lease Sale 258 on Cook Inlet beluga whales; and (3) failure to consider the cumulative impacts on Cook Inlet beluga whales separately from other marine mammals.</P>
                <P>As a result of the Court's decision, BOEM announced its intent to prepare a supplemental EIS for Lease Sale 258 in its NOI published on April 4, 2025. The supplemental EIS will provide additional analyses to address the deficiencies identified by the Court. At the completion of the supplemental EIS process, the Secretary of the Interior or his designee will issue a modified ROD.</P>
                <P>Consistent with section 3.6 of the DOI NEPA handbook and DOI's NEPA implementing regulations at 43 CFR part 46, DOI has determined that scoping and circulation of a draft supplemental EIS for public comment is not required, as the Court has determined the scope of the supplemental EIS.</P>
                <P>
                    <E T="03">Authority:</E>
                     This amended NOI is published pursuant to Department of the Interior regulations (43 CFR part 46) implementing the procedural provisions of the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <SIG>
                    <NAME>Matthew Giacona,</NAME>
                    <TITLE>Acting Director,  Bureau of Ocean Energy Management.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18095 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4340-98-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Safety and Environmental Enforcement</SUBAGY>
                <DEPDOC>[Docket ID BSEE-2025-0200; OMB Control Number 1014-0001; EEEE500000 256E1700D2 ET1SF0000.EAQ000]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Oil and Gas Well-Workover Operations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Safety and Environmental Enforcement, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act (PRA) of 1995, the Bureau of Safety and Environmental Enforcement (BSEE, we) proposes to renew an information collection.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before November 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send your comments on this information collection request (ICR) by either of the following methods listed below:</P>
                    <P>
                        • Electronically go to 
                        <E T="03">http://www.regulations.gov</E>
                        . In the Search box, enter BSEE-2025-0200 then click search. Follow the instructions to submit public comments and view all related materials. We will post all comments.
                    </P>
                    <P>
                        • Email 
                        <E T="03">Kelly.Odom@bsee.gov,</E>
                         fax (703) 787-1775, or mail or hand-carry comments to the Department of the Interior; Bureau of Safety and Environmental Enforcement; Regulations and Standards Branch; ATTN: Kelly Odom; 45600 Woodland Road, Sterling, VA 20166. Please reference Office of Management and Budget (OMB) Control Number 1014-0001 in the subject line of your comments.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kelly Odom by email at 
                        <E T="03">Kelly.Odom@bsee.gov</E>
                         or by telephone at (703) 787-1775. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. 
                        <PRTPAGE P="45053"/>
                        Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States. You may also view the ICR at 
                        <E T="03">http://www.reginfo.gov/public/do/PRAMain</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In accordance with the PRA and 5 CFR 1320.8(d)(1), all information collections require approval under the PRA. We may not conduct, or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number.</P>
                <P>As part of our continuing effort to reduce paperwork and respondent burdens, we invite the public and other Federal agencies to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.</P>
                <P>We are especially interested in public comment addressing the following:</P>
                <P>(1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility;</P>
                <P>(2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used;</P>
                <P>(3) Ways to enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    (4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of response.
                </P>
                <P>Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
                <P>
                    <E T="03">Abstract:</E>
                     The authority and responsibility to regulate oil and gas well-workover operations has been delegated to BSEE. The regulations at 30 CFR part 250, subpart F, “Oil and Gas Well-Workover Operations,” are the subject of this collection. This request also covers any related notices to lessees and operators that BSEE issues to clarify, supplement, or provide additional guidance on some aspects of the regulations.
                </P>
                <P>BSEE uses the information collected to analyze and evaluate planned well-workover operations to ensure that these operations result in personnel safety and protection of the environment. BSEE will use this evaluation in making decisions to approve, disapprove, or to require modification to the proposed well-workover operations.</P>
                <P>Specifically, BSEE uses the information collected to:</P>
                <P>• review log entries of crew meetings to verify that safety procedures have been properly reviewed.</P>
                <P>• review well-workover procedures relating to hydrogen sulfide (H2S) to ensure the safety of the crew in the event of encountering H2S.</P>
                <P>• review well-workover diagrams and procedures to ensure the safety of well-workover operations.</P>
                <P>• verify that the crown block safety device is operating and can be expected to function and avoid accidents.</P>
                <P>• verify that the blowout preventer equipment is in compliance with the latest well control regulations and American Petroleum Institute Standard 53.</P>
                <P>• assure that the well-workover operations are conducted on a well casing that is structurally competent.</P>
                <P>
                    <E T="03">Title of Collection:</E>
                     30 CFR part 250, subpart F, “Oil and Gas Well-Workover Operations.”
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1014-0001.
                </P>
                <P>
                    <E T="03">Form Number:</E>
                     None.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     Potential respondents include Federal Outer Continental Shelf (OCS) oil, gas, and sulfur lessees and/or operators and holders of pipeline rights-of-way.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Respondents:</E>
                     Currently there are approximately 60 oil and gas drilling and production operators in the OCS. Not all the potential respondents will submit information in any given year, and some may submit multiple times.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     1,933.
                </P>
                <P>
                    <E T="03">Estimated Completion Time per Response:</E>
                     Varies from 1 hours to 6.5 hours, depending on activity.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     5,284.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Responses are mandatory or are to retain/maintain benefits. 
                </P>
                <P>
                    <E T="03">Frequency of Collection:</E>
                     Submissions are generally on occasion.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Nonhour Burden Cost:</E>
                     We have identified no non-hour cost burdens associated with this collection of information.
                </P>
                <P>An agency may not conduct, or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.</P>
                <P>
                    The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <SIG>
                    <NAME>Kirk Malstrom,</NAME>
                    <TITLE>Chief, Regulations and Standards Branch.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18051 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4310-VH-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation No. 337-TA-1420]</DEPDOC>
                <SUBJECT>Certain Smart Televisions; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety Based Upon Settlement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. International Trade Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (“ALJ”) initial determination (“ID”) (Order No. 19) granting a joint motion by complainant and respondents to terminate the investigation in its entirety based upon settlement.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3042. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at 
                        <E T="03">https://edis.usitc.gov.</E>
                         For help accessing EDIS, please email 
                        <E T="03">EDIS3Help@usitc.gov.</E>
                         General information concerning the Commission may also be obtained by accessing its internet server at 
                        <E T="03">https://www.usitc.gov.</E>
                         Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal, telephone (202) 205-1810.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <PRTPAGE P="45054"/>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    On September 27, 2024, the Commission instituted this investigation based on a complaint filed by Maxell, Ltd. of Kyoto, Japan (“Maxell”). 89 FR 79307-08 (Sept. 27, 2024). The complaint alleged violations of section 337 based on the importation into the United States, the sale for importation, or the sale within the United States after importation of certain smart televisions by reason of infringement of one or more of claim 4 of U.S. Patent No. 8,549,109; claims 7-11 of U.S. Patent No. 11,451,860; claim 1 of U.S. Patent No. 10,958,971; and claims 1, 4, 6, 11, 12, 15, 17, and 22 of U.S. Patent No. 11,924,502 (“the '502 patent”). 
                    <E T="03">Id.</E>
                     The Commission's notice of investigation named the following respondents: TCL Electronics Holdings Ltd. (f/k/a TCL, Multimedia Technology Holdings, Ltd.) of New Territories, Hong Kong; TCL Industries Holdings Co., Ltd. of Guangdong, China; TTE Technology, Inc. (d/b/a TCL North America) of Corona, California; TCL King Electrical Appliances, (Huizhou) Co. Ltd. of Huizhou, China; Manufacturas Avanzadas S.A. de C.V. of Ciudad Juarez, Mexico; TCL Smart Device (Vietnam) Co., Ltd. of Binh Duong Province, Vietnam (collectively “Active Respondents”); and T.C.L. Industries Holdings (H.K.) Limited of New Territories, Hong Kong; TTE Corporation of New Territories, Hong Kong; Shenzhen TCL New Technology Co., Ltd. of Nanshan, China; TCL Optoelectronics Technology (Huizhou) Co., Ltd. of Huizhou, China; TCL Overseas Marketing Ltd. of New Territories, Hong Kong; and TCL Technology Group Corporation, (f/k/a TCL Corp.) of Huizhou, China (collectively, “Terminated Respondents”). The Office of Unfair Import Investigations (“OUII”) was also named as a party in this investigation. 
                    <E T="03">Id.</E>
                </P>
                <P>
                    On April 7, 2025, the Commission terminated the investigation as to all asserted claims of the '502 patent. Order No. 11 (Apr. 7, 2025), 
                    <E T="03">unreviewed by</E>
                     Comm'n Notice (Apr. 29, 2025).
                </P>
                <P>
                    On May 28, 2025, the Commission terminated the investigation as to the Terminated Respondents. Order No. 14 (May 7, 2025), 
                    <E T="03">unreviewed by</E>
                     Comm'n Notice (May 28, 2025).
                </P>
                <P>On August 11, 2025, Maxell and the Active Respondents filed a joint motion to terminate the investigation in its entirety based upon settlement. On August 20, 2025, OUII filed a response in support of the motion.</P>
                <P>
                    On August 22, 2025, the ALJ issued the subject ID (Order No. 19) granting the motion. The ID noted that Commission Rule 210.21(a)(2) provides that “[a]ny party may move at any time for an order to terminate an investigation in whole or in part as to any or all respondents on the basis of settlement, a licensing or other agreement . . . .” ID at 1 (citing 19 CFR 210.21(a)(2)). The ID found that the motion complies with Commission Rules and includes a statement that apart from a joint discovery stipulation in this investigation, “there are no agreements, written or oral, express or implied, between the parties concerning the subject matter of the investigation.” 
                    <E T="03">Id.</E>
                     at 1-2 (citing 19 CFR 210.21(b)(1)). The ID noted that the private parties also provided both confidential and redacted public copies of the relevant settlement agreement as required by Commission Rules. 
                    <E T="03">Id.</E>
                     at 2 (citing 19 CFR 210.21(b)(1)). The ID further found that “termination of this investigation by settlement will not adversely affect the public interest.” 
                    <E T="03">Id.</E>
                     at 3 (citing 19 CFR 210.50(b)(2)). No party petitioned for review of the ID.
                </P>
                <P>The Commission has determined not to review the subject ID. The investigation is hereby terminated in its entirety.</P>
                <P>The Commission vote for this determination took place on September 15, 2025.</P>
                <P>The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).</P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: September 15, 2025.</DATED>
                    <NAME>Susan Orndoff,</NAME>
                    <TITLE>Supervisory Attorney.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18032 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation Nos. 701-TA-621 and 731-TA-1447 (Review)]</DEPDOC>
                <SUBJECT>Ceramic Tile From China; Scheduling of Expedited Five-Year Reviews</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States International Trade Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping and countervailing duty orders on ceramic tile from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>August 4, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Rachel Devenney (202-205-3172), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (
                        <E T="03">https://www.usitc.gov</E>
                        ). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at 
                        <E T="03">https://edis.usitc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Background.</E>
                    —On August 4, 2025, the Commission determined that the domestic interested party group response to its notice of institution (90 FR 18694, May 1, 2025) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.
                    <SU>1</SU>
                    <FTREF/>
                     Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Act (19 U.S.C. 1675(c)(3)).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's website.
                    </P>
                </FTNT>
                <P>For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).</P>
                <P>
                    <E T="03">Staff report.</E>
                    —A staff report containing information concerning the subject matter of the reviews has been placed in the nonpublic record, and will be made available to persons on the Administrative Protective Order service list for these reviews on September 19, 2025. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission's rules.
                </P>
                <P>
                    <E T="03">Written submissions.</E>
                    —As provided in § 207.62(d) of the Commission's rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the 
                    <PRTPAGE P="45055"/>
                    notice of institution,
                    <SU>2</SU>
                    <FTREF/>
                     and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before 5:15 p.m. on September 26, 2025, and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by September 26, 2025. However, should the Department of Commerce (“Commerce”) extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce's final results is three business days after the issuance of Commerce's results. If comments contain business proprietary information (BPI), they must conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
                    <E T="03">Handbook on Filing Procedures,</E>
                     available on the Commission's website at 
                    <E T="03">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf,</E>
                     elaborates upon the Commission's procedures with respect to filings.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The Commission has found the response submitted on behalf of the Coalition for Fair Trade in Ceramic Tile to be individually adequate. Comments from other interested parties will not be accepted (
                        <E T="03">see</E>
                         19 CFR 207.62(d)(2)).
                    </P>
                </FTNT>
                <P>In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.</P>
                <P>
                    <E T="03">Determination.</E>
                    —The Commission has determined these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B).
                </P>
                <P>
                    <E T="03">Authority:</E>
                     These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission's rules.
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: September 16, 2025.</DATED>
                    <NAME>Sharon Bellamy,</NAME>
                    <TITLE>Supervisory Hearings and Information Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18090 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation Nos. 701-TA-776 and 731-TA-1761 (Preliminary)]</DEPDOC>
                <SUBJECT>Unwrought Pallidum From Russia; Determinations</SUBJECT>
                <P>
                    On the basis of the record 
                    <SU>1</SU>
                    <FTREF/>
                     developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of unwrought palladium from Russia, provided for in subheading 7110.21.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”) and subsidized by the government of Russia.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The record is defined in § 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         90 FR 41032, August 22, 2025 and 90 FR 41039, August 22, 2025.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Commencement of Final Phase Investigations</HD>
                <P>
                    Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the 
                    <E T="04">Federal Register</E>
                     as provided in § 207.21 of the Commission's rules, upon notice from the U.S. Department of Commerce (“Commerce”) of affirmative preliminary determinations in the investigations under §§ 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under §§ 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Any other party may file an entry of appearance for the final phase of the investigations after publication of the final phase notice of scheduling. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. As provided in section 207.20 of the Commission's rules, the Director of the Office of Investigations will circulate draft questionnaires for the final phase of the investigations to parties to the investigations, placing copies on the Commission's Electronic Document Information System (EDIS, 
                    <E T="03">https://edis.usitc.gov</E>
                    ), for comment.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>On July 30, 2025, Stillwater Mining Company and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Industrial and Services Workers International Union, AFL-CIO, CLC filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of unwrought palladium from Russia and LTFV imports of unwrought palladium from Russia. Accordingly, effective July 30, 2025, the Commission instituted countervailing duty investigation No. 701-TA-776 and antidumping duty investigation No. 731-TA-1761 (Preliminary).</P>
                <P>
                    Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the 
                    <E T="04">Federal Register</E>
                     of August 4, 2025 (90 FR 36451). The Commission conducted its conference on August 20, 2025. All persons who requested the opportunity were permitted to participate.
                </P>
                <P>
                    The Commission made these determinations pursuant to §§ 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on September 15, 2025. The views of the Commission are contained in USITC Publication 5671 (September 2025), entitled 
                    <E T="03">Unwrought Palladium from Russia: Investigation Nos. 701-TA-776 and 731-TA-1761 (Preliminary).</E>
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: September 15, 2025.</DATED>
                    <NAME>Susan D. Orndoff,</NAME>
                    <TITLE>Supervisory Attorney.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18034 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="45056"/>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation No. 337-TA-1410]</DEPDOC>
                <SUBJECT>Certain Disposable Vaporizer Devices; Notice of Request for Submissions on the Public Interest</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. International Trade Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given that on August 29, 2025, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of Section 337. On September 12, 2025, the ALJ issued a Recommended Determination on remedy, bonding, and public interest should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public and interested government agencies only.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2392. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at 
                        <E T="03">https://edis.usitc.gov</E>
                        . For help accessing EDIS, please email 
                        <E T="03">EDIS3Help@usitc.gov</E>
                        . General information concerning the Commission may also be obtained by accessing its internet server at 
                        <E T="03">https://www.usitc.gov</E>
                        . Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. (19 U.S.C. 1337(d)(1)). A similar provision applies to cease and desist orders. (19 U.S.C. 1337(f)(1)).</P>
                <P>The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation, specifically: a general exclusion order directed to certain disposable vaporizer devices imported, sold for importation, and/or sold after importation that infringe claims 4 and 12 of U.S. Patent No. 11,925,202; and cease and desist orders directed to Maduro Distributors Inc. d/b/a The Loon; American Vape Company, LLC (AVC), Shenzhen Kangvape Technology Co., Ltd., Thesy, LLC d/b/a Element Vape, SV3 LLC d/b/a Mi-One Brands, Price Point Distributors Inc. d/b/a Price Point NY, Breeze Smoke LLC, Social Brands, LLC, LCF Labs., Inc., Flawless Vape Shop Inc., Flawless Vape Wholesale &amp; Distribution, Inc., and VICA Trading Inc. d/b/a Vapesourcing. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).</P>
                <P>The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public and interested government agencies are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ's Recommended Determination on Remedy and Bonding issued in this investigation on September 12, 2025. Comments should address whether issuance of the recommended remedial orders in this investigation, should the Commission find a violation, would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.</P>
                <P>In particular, the Commission is interested in comments that:</P>
                <P>(i) explain how the articles potentially subject to the recommended remedial orders are used in the United States;</P>
                <P>(ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders;</P>
                <P>(iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;</P>
                <P>(iv) indicate whether complainant, complainant's licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and</P>
                <P>(v) explain how the recommended orders would impact consumers in the United States.</P>
                <P>Written submissions must be filed no later than by close of business on Wednesday, October 15, 2025.</P>
                <P>
                    Persons filing written submissions must file the original document electronically on or before the deadlines stated above pursuant to 19 CFR 210.4(f). Submissions should refer to the investigation number (“Inv. No. 337-TA-1410”) in a prominent place on the cover page and/or the first page. (
                    <E T="03">See</E>
                     Handbook for Electronic Filing Procedures, 
                    <E T="03">https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf</E>
                    ). Persons with questions regarding filing should contact the Secretary (202-205-2000).
                </P>
                <P>Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) &amp; 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing and must be served in accordance with Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS.</P>
                <P>
                    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's 
                    <PRTPAGE P="45057"/>
                    Rules of Practice and Procedure (19 CFR part 210).
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: September 15, 2025.</DATED>
                    <NAME>Susan Orndoff,</NAME>
                    <TITLE>Supervisory Attorney.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18036 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF LABOR</AGENCY>
                <SUBAGY>Occupational Safety and Health Administration</SUBAGY>
                <DEPDOC>[Docket No. OSHA-2010-0016]</DEPDOC>
                <SUBJECT>Derricks Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Occupational Safety and Health Administration (OSHA), Labor.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Request for public comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the information collection requirements specified in its Derricks Standard.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be submitted (postmarked, sent, or received) by November 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Electronically:</E>
                         You may submit comments and attachments electronically at 
                        <E T="03">https://www.regulations.gov,</E>
                         which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         To read or download comments or other material in the docket, go to 
                        <E T="03">https://www.regulations.gov.</E>
                         Documents in the docket are listed in the 
                        <E T="03">https://www.regulations.gov</E>
                         index; however, some information (
                        <E T="03">e.g.,</E>
                         copyrighted material) is not publicly available to read or download through the websites. All submissions, including copyrighted material, are available for inspection through the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in locating docket submissions.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions must include the agency name and OSHA docket number (OSHA-2010-0016) for the Information Collection Request (ICR). OSHA will place all comments, including any personal information, in the public docket, which may be made available online. Therefore, OSHA cautions interested parties about submitting personal information such as social security numbers and birth dates.
                    </P>
                    <P>
                        For further information on submitting comments, see the “Public Participation” heading in the section of this notice titled 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Belinda Cannon, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 693-2222.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    The Department of Labor, as part of the continuing effort to reduce paperwork and respondent (
                    <E T="03">i.e.,</E>
                     employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 
                    <E T="03">et seq.</E>
                    ) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with a minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining said information (29 U.S.C. 657).
                </P>
                <P>The following sections describe who uses the information collected under each requirement, as well as how they use it. The purpose of these requirements is to prevent death and serious injuries among workers by ensuring that the derrick is not used to lift loads beyond its rated capacity and that all the ropes are inspected for wear and tear.</P>
                <P>Paragraph (c)(1) requires that for permanently installed derricks a clearly legible rating chart must be provided with each derrick and securely affixed to the derrick. Paragraph (c)(2) requires that for non-permanent installations the manufacturer must provide sufficient information from which capacity charts can be prepared by the derrick or at the jobsite office. The data on the capacity charts provide information to the workers to assure that the derricks are used as designed and not overloaded or used beyond the range specified in the charts.</P>
                <P>Paragraph (f)(2)(i)(D) requires that warning or out of order signs must be placed on the derrick hoist while adjustments and repairs are being performed.</P>
                <P>Paragraph (g)(1) requires employers to thoroughly inspect all running rope in use, and to do so at least once a month. In addition, before using rope that has been idle for at least a month, it must be inspected as prescribed by paragraph (g)(3) and a record prepared to certify that the inspection was done. The certification records must include the inspection date, the signature of the person conducting the inspection, and the identifier of the rope inspected. Employers must keep the certification records on file and available for inspection. The certification records provide employers, workers, and OSHA compliance officers with assurance that the ropes are in good condition. The Standard requires the disclosure of charts and inspection certification records if requested during an OSHA inspection.</P>
                <HD SOURCE="HD1">II. Special Issues for Comment</HD>
                <P>OSHA has a particular interest in comments on the following issues:</P>
                <P>• Whether the proposed information collection requirements are necessary for the proper performance of the agency's functions to protect workers, including whether the information is useful;</P>
                <P>• The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used;</P>
                <P>• The quality, utility, and clarity of the information collected; and</P>
                <P>• Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information, and transmission techniques.</P>
                <HD SOURCE="HD1">III. Proposed Actions</HD>
                <P>OSHA is requesting that OMB extend the approval of the information collection requirements contained in the Derricks Standard. The agency is requesting that the burden hours remain the same at 1,336 hours.</P>
                <P>
                    OSHA will summarize the comments submitted in response to this notice and will include this summary in the request to OMB to extend the approval of the information collection requirements.
                    <PRTPAGE P="45058"/>
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved data collection.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Derricks Standard.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1218-0222.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Business or other for-profits.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     500.
                </P>
                <P>
                    <E T="03">Number of Responses:</E>
                     7,750.
                </P>
                <P>
                    <E T="03">Frequency of Responses:</E>
                     On occasion.
                </P>
                <P>
                    <E T="03">Average Time per Response:</E>
                     Varies.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     1,336.
                </P>
                <P>
                    <E T="03">Estimated Cost (Operation and Maintenance):</E>
                     $0.
                </P>
                <HD SOURCE="HD1">IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions</HD>
                <P>
                    You may submit comments in response to this document as follows: (1) electronically at 
                    <E T="03">https://www.regulations.gov,</E>
                     which is the Federal eRulemaking Portal; or (2) by facsimile (fax), if your comments, including attachments, are not longer than 10 pages you may fax them to the OSHA Docket Office at 202-693-1648. All comments, attachments, and other material must identify with the agency name and the OSHA docket number for the ICR (OSHA-2010-0016). You may supplement electronic submission by uploading document files electronically.
                </P>
                <P>
                    Comments and submissions are posted without change at 
                    <E T="03">https://www.regulations.gov.</E>
                     Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and dates of birth. Although all submissions are listed in the 
                    <E T="03">https://www.regulations.gov</E>
                     index, some information (
                    <E T="03">e.g.,</E>
                     copyrighted material) is not publicly available to read or download from this website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the 
                    <E T="03">https://www.regulations.gov</E>
                     website to submit comments and access the docket is available at the website's “User Tips” link. Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) for information about materials not available from the website, and for assistance in using the internet to locate docket submissions.
                </P>
                <HD SOURCE="HD1">V. Authority and Signature</HD>
                <P>
                    Amanda Laihow, Acting Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 
                    <E T="03">et seq.</E>
                    ) and Secretary of Labor's Order No. 8-2020 (85 FR 58393).
                </P>
                <SIG>
                    <DATED>Signed at Washington, DC, on September 11, 2025.</DATED>
                    <NAME>Amanda Laihow,</NAME>
                    <TITLE>Acting Assistant Secretary of Labor for Occupational Safety and Health.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18102 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4510-26-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket Nos. K2025-1002; MC2025-1690 and K2025-1680; MC2025-1691 and K2025-1681; MC2025-1692 and K2025-1682; MC2025-1693 and K2025-1683; MC2025-1694 and K2025-1684]</DEPDOC>
                <SUBJECT>New Postal Products</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Postal Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Commission is noticing a recent Postal Service filing for the Commission's consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments are due:</E>
                         September 23, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit comments electronically via the Commission's Filing Online system at 
                        <E T="03">https://www.prc.gov</E>
                        . Those who cannot submit comments electronically should contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section by telephone for advice on filing alternatives.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>David A. Trissell, General Counsel, at 202-789-6820.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Introduction</FP>
                    <FP SOURCE="FP-2">II. Public Proceeding(s)</FP>
                    <FP SOURCE="FP-2">III. Summary Proceeding(s)</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>Pursuant to 39 CFR 3041.405, the Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to Competitive negotiated service agreement(s). The request(s) may propose the addition of a negotiated service agreement from the Competitive product list or the modification of an existing product currently appearing on the Competitive product list.</P>
                <P>
                    The public portions of the Postal Service's request(s) can be accessed via the Commission's website (
                    <E T="03">http://www.prc.gov</E>
                    ). Non-public portions of the Postal Service's request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3011.301.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See</E>
                         Docket No. RM2018-3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19-22 (Order No. 4679).
                    </P>
                </FTNT>
                <P>Section II identifies the docket number(s) associated with each Postal Service request, if any, that will be reviewed in a public proceeding as defined by 39 CFR 3010.101(p), the title of each such request, the request's acceptance date, and the authority cited by the Postal Service for each request. For each such request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 and 39 CFR 3000.114 (Public Representative). The Public Representative does not represent any individual person, entity or particular point of view, and, when Commission attorneys are appointed, no attorney-client relationship is established. Section II also establishes comment deadline(s) pertaining to each such request.</P>
                <P>The Commission invites comments on whether the Postal Service's request(s) identified in Section II, if any, are consistent with the policies of title 39. Applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3035, and 39 CFR part 3041. Comment deadline(s) for each such request, if any, appear in Section II.</P>
                <P>
                    Section III identifies the docket number(s) associated with each Postal Service request, if any, to add a standardized distinct product to the Competitive product list or to amend a standardized distinct product, the title of each such request, the request's acceptance date, and the authority cited by the Postal Service for each request. Standardized distinct products are negotiated service agreements that are variations of one or more Competitive products, and for which financial models, minimum rates, and classification criteria have undergone advance Commission review. 
                    <E T="03">See</E>
                     39 CFR 3041.110(n); 39 CFR 3041.205(a). Such requests are reviewed in summary proceedings pursuant to 39 CFR 3041.325(c)(2) and 39 CFR 3041.505(f)(1). Pursuant to 39 CFR 3041.405(c)-(d), the Commission does not appoint a Public Representative or request public comment in proceedings to review such requests. The comment due date discussed above does not apply to Section III proceedings (Docket Nos. MC2025-1693 and K2025-1683 and MC2025-1694 and K2025-1684).
                    <PRTPAGE P="45059"/>
                </P>
                <HD SOURCE="HD1">II. Public Proceeding(s)</HD>
                <P>
                    1. 
                    <E T="03">Docket No(s).:</E>
                     K2025-1002; 
                    <E T="03">Filing Title:</E>
                     USPS Request Concerning Amendment One to Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 1205, with Materials Filed Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     September 15, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 CFR 3035.105 and 39 CFR 3041.505; 
                    <E T="03">Public Representative:</E>
                     Christopher Mohr; 
                    <E T="03">Comments Due:</E>
                     September 23, 2025.
                </P>
                <P>
                    2. 
                    <E T="03">Docket No(s).:</E>
                     MC2025-1690 and K2025-1680; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 1413 to the Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     September 15, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3035.105, and 39 CFR 3041.310; 
                    <E T="03">Public Representative:</E>
                     Evan Wise; 
                    <E T="03">Comments Due:</E>
                     September 23, 2025.
                </P>
                <P>
                    3. 
                    <E T="03">Docket No(s).:</E>
                     MC2025-1691 and K2025-1681; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 1414 to the Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     September 15, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3035.105, and 39 CFR 3041.310; 
                    <E T="03">Public Representative:</E>
                     Christopher Mohr; 
                    <E T="03">Comments Due:</E>
                     September 23, 2025.
                </P>
                <P>
                    4. 
                    <E T="03">Docket No(s).:</E>
                     MC2025-1692 and K2025-1682; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express International, Priority Mail International &amp; First-Class Package International Service Contract 90 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     September 15, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3035.105, and 39 CFR 3041.310; 
                    <E T="03">Public Representative:</E>
                     Maxine Bradley; 
                    <E T="03">Comments Due:</E>
                     September 23, 2025.
                </P>
                <HD SOURCE="HD1">III. Summary Proceeding(s)</HD>
                <P>
                    1. 
                    <E T="03">Docket No(s).:</E>
                     MC2025-1693 and K2025-1683; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add New Fulfillment Standardized Distinct Product, PM-GA Contract 855, and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     September 15, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642 and 3633, 39 CFR 3035.105, and 39 CFR 3041.325.
                </P>
                <P>
                    2. 
                    <E T="03">Docket No(s).:</E>
                     MC2025-1694 and K2025-1684; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add New Fulfillment Standardized Distinct Product, PM-GA Contract 856, and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     September 15, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642 and 3633, 39 CFR 3035.105, and 39 CFR 3041.325.
                </P>
                <P>
                    This Notice will be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Mallory S. Richards,</NAME>
                    <TITLE>Federal Register Liaison.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18053 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-FW-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103967; File No. SR-MEMX-2025-28]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MEMX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Exchange's Fee Schedule Concerning Equities Transaction Pricing</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that, on September 8, 2025, MEMX LLC (“MEMX” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange is filing with the Commission a proposed rule change to amend the Exchange's fee schedule applicable to Members 
                    <SU>3</SU>
                    <FTREF/>
                     (the “Fee Schedule”) pursuant to Exchange Rules 15.1(a) and (c). As is further described below, the Exchange proposes to (i) modify the required criteria under Liquidity Provision Tiers 1 and 2; and (ii) adopt a new Tape B Volume Tier. The Exchange proposes to implement the changes to the Fee Schedule pursuant to this proposal immediately. The text of the proposed rule change is provided in Exhibit 5.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 1.5(p).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The purpose of the proposed rule change is to amend the Fee Schedule to: (i) modify the required criteria under Liquidity Provision Tiers 1 and 2; and (ii) adopt a new Tape B Volume Tier, each as further described below.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Exchange initially filed the proposed Fee Schedule changes on August 29, 2025 (SR-MEMX-2025-27). On September 8, 2025, the Exchange withdrew that filing and submitted this proposal.
                    </P>
                </FTNT>
                <P>
                    The Exchange first notes that it operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient. More specifically, the Exchange is only one of 18 registered equities exchanges, as well as a number of alternative trading systems and other off-exchange venues, to which market participants may direct their order flow. Based on publicly available information, no single registered equities exchange currently has more than approximately 14% of the total market share of executed volume of equities trading.
                    <SU>5</SU>
                    <FTREF/>
                     Thus, in such a low-concentrated and highly competitive market, no single equities exchange possesses significant pricing power in the execution of order flow, and the Exchange currently represents approximately 2% of the overall market share.
                    <SU>6</SU>
                    <FTREF/>
                     The Exchange in particular operates a “Maker-Taker” model whereby it provides rebates to Members that add liquidity to the Exchange and charges fees to Members that remove liquidity from the Exchange. The Fee Schedule sets forth the standard rebates and fees applied per share for orders that add and remove liquidity, respectively. Additionally, in response to the competitive environment, the Exchange also offers tiered pricing, which provides Members with opportunities to qualify for higher rebates or lower fees where certain volume criteria and thresholds are met. 
                    <PRTPAGE P="45060"/>
                    Tiered pricing provides an incremental incentive for Members to strive for higher tier levels, which provides increasingly higher benefits or discounts for satisfying increasingly more stringent criteria.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Market share percentage calculated as of August 28, 2025. The Exchange receives and processes data made available through consolidated data feeds (
                        <E T="03">i.e.,</E>
                         CTS and UTDF).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Liquidity Provision Tiers</HD>
                <P>
                    The Exchange currently provides a base rebate of $0.0015 per share for executions of displayed orders in securities priced at or above $1.00 per share that add liquidity to the Exchange (such orders, “Added Displayed Volume”).
                    <SU>7</SU>
                    <FTREF/>
                     The Exchange also currently offers Liquidity Provision Tiers 1-5 under which a Member may receive an enhanced rebate for executions of Added Displayed Volume by achieving the corresponding required volume criteria for each such tier. The Exchange now proposes to modify the Liquidity Provision Tiers by modifying the required criteria under Liquidity Provision Tiers 1 and 2, as further described below.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The base rebate for executions of Added Displayed Volume is referred to by the Exchange on the Fee Schedule under the existing description “Added non-displayed volume” with a Fee Code of “B”, “D” or “J”, as applicable, on execution reports.
                    </P>
                </FTNT>
                <P>
                    First with respect to Liquidity Provision Tier 1, the Exchange currently provides an enhanced rebate of $0.0033 a share for executions of Added Displayed Volume for Members that qualify for such tier by achieving: (1) an ADAV 
                    <SU>8</SU>
                    <FTREF/>
                     (excluding Retail Orders) that is equal to or greater than 0.40% of the TCV; 
                    <SU>9</SU>
                    <FTREF/>
                     or (2) an ADAV that is equal to or greater than 0.30% of the TCV in securities priced at or above $1.00 per share and a Non-Displayed ADAV 
                    <SU>10</SU>
                    <FTREF/>
                     that is equal to or greater than 6,000,000 shares.
                    <SU>11</SU>
                    <FTREF/>
                     The Exchange is now proposing to modify the criteria under Liquidity Provision Tier 1 by keeping the first criteria (1) intact with no changes but deleting the alternative criteria (2). The Exchange is not proposing to change the rebate provided under such tier.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         As set forth on the Fee Schedule, “ADAV” means the average daily added volume calculated as the number of shares added per day, which is calculated on a monthly basis, and “Displayed ADAV” means ADAV with respect to displayed orders.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         As set forth on the Fee Schedule, “TCV” means total consolidated volume calculated as the volume reported by all exchanges and trade reporting facilities to a consolidated transaction reporting plan for the month for which the fees apply.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         As set forth on the Fee Schedule, “Non-Displayed ADAV” means ADAV with respect to non-displayed orders (including orders subject to Display-Price Sliding that receive price improvement when executed and Midpoint Peg orders).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         The pricing for Liquidity Provision Tier 1 is referred to by the Exchange on the Fee Schedule under the existing description “Added displayed volume, Liquidity Provision Tier 1” with a Fee Code of “B1”, “D1” or “J1”, as applicable, to be provided by the Exchange on the monthly invoices provided to Members.
                    </P>
                </FTNT>
                <P>
                    With respect to Liquidity Provision Tier 2, the Exchange currently provides an enhanced rebate of $0.0031 per share for executions of Added Displayed Volume under such tier by achieving: (1) an ADAV that is equal to or greater than 0.20% of the TCV and an ADV 
                    <SU>12</SU>
                    <FTREF/>
                     that is greater than or equal to 0.50% of the TCV; or (2) an ADAV that is equal to or greater than 0.20% of the TCV in securities priced at or above $1.00 per share and a Non-Displayed ADAV that is greater than or equal to 6,000,000 shares.
                    <SU>13</SU>
                    <FTREF/>
                     Now, the Exchange proposes to modify the required criteria such that a Member would now qualify for Liquidity Provision Tier 2 by achieving: (1) an ADAV that is equal to or greater than 0.20% of the TCV and an ADV that is greater than or equal to 0.50% of the TCV; or (2) an ADAV that is equal to or greater than 0.20% of the TCV in securities priced at or above $1.00 per share and a Non-Displayed ADAV that is greater than or equal to 6,000,000 shares; or (3) an ADAV that is equal to or greater than 0.10% of the TCV and a Step-Up ADAV 
                    <SU>14</SU>
                    <FTREF/>
                     that is equal to or greater then 0.05% of the TCV from August 2025. Thus, such proposed change keeps the first two alternative criteria intact with no changes but adds a third alternative criteria that includes both an ADAV requirement and a Step-Up ADAV requirement using August 2025 as the baseline month. Given this, the Exchange is also proposing that the newly proposed criteria (3) of Liquidity Provision Tier 2 will expire no later than February 28, 2026, which it will indicate in a note under the Liquidity Provision Tiers pricing table on the Fee Schedule. The Exchange is not proposing to change the rebate provided under such tier.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         As set forth on the Fee Schedule, “ADV” means average daily volume calculated as the number of shares added or removed, combined, per day. ADV is calculated on a monthly basis.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         The proposed pricing for Liquidity Provision Tier 2 is referred to by the Exchange on the Fee Schedule under the existing description “Added displayed volume, Liquidity Provision Tier 2” with a Fee Code of “B2”, “D2” or “J2”, as applicable, to be provided by the Exchange on the monthly invoices provided to Members.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         As set forth on the Fee Schedule, “Step-Up ADAV” means ADAV in the relevant baseline month subtracted from the current ADAV.
                    </P>
                </FTNT>
                <P>The tiered pricing structure for executions of Added Displayed Volume under the Liquidity Provision Tiers provides an incremental incentive for Members to strive for higher volume thresholds to receive higher enhanced rebates for such executions and, as such, is intended to encourage Members to maintain or increase their order flow, primarily in the form of liquidity-adding volume, to the Exchange, thereby contributing to a deeper and more liquid market to the benefit of all Members and market participants. The Exchange believes that the Liquidity Provision Tiers, as modified by the proposed changes described above, reflect a reasonable and competitive pricing structure that is right-sized and consistent with the Exchange's overall pricing philosophy of encouraging added and/or displayed liquidity. Specifically, the Exchange believes that, after giving effect to the proposed changes described above, the rebate for executions of Added Displayed Volume provided under each of the Liquidity Provision Tiers 1-5 remains commensurate with the corresponding required criteria under each such tier and is reasonably related to the market quality benefits that each such tier is designed to achieve.</P>
                <HD SOURCE="HD3">New Tape B Volume Tier</HD>
                <P>The Exchange currently offers the Tape B Volume Tier under which qualifying Members may receive an additive rebate of $0.0002 per share for executions of Added Displayed Volume (excluding Retail orders) in Tape B securities (such orders, “Tape B Volume”) by achieving certain volume criteria. The additive rebate is provided in addition to the rebate that is otherwise applicable to each of a qualifying Members' executions that constitutes Tape B Volume (including a rebate provided under another pricing tier/incentive). The Exchange now proposes to adopt a new tier under the Tape B Volume Tiers, which as proposed, would be the new Tape B Volume Tier 1, and the existing Tape B Volume Tier would be renamed Tape B Volume Tier 2 (hereinafter referred to as such). The additive rebate and required criteria under the renamed Tape B Volume Tier 2 would remain unchanged.</P>
                <P>
                    Under the proposed new Tape B Volume Tier 1, the Exchange would provide an additive rebate of $0.0005 per share for executions of Tape B Volume for Members that qualify for such tier by achieving: (1) a Tape B ADAV that is equal to or greater than 0.40% of the Tape B TCV (excluding Retail Orders); and (2) a Non-Display ADAV that is equal to or greater than 8,000,000 shares.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         The proposed pricing for the Tape B Volume Tier 1 is referred to by the Exchange on the Fee Schedule under the description “Tape B Volume Tier 1” with a Fee Code of “b1” to be appended to the otherwise applicable Fee Code assigned by the Exchange on the monthly invoices for 
                        <PRTPAGE/>
                        qualifying executions. The new Tape B Volume Tier 2 (previously named Tape B Volume Tier) will be referred to under the description “Tape B Volume Tier 2” with a Fee Code of “b2” to be appended to the otherwise applicable Fee Code assigned by the Exchange on the monthly invoices for qualifying executions.
                    </P>
                </FTNT>
                <PRTPAGE P="45061"/>
                <P>The Tape B Volume Tiers are designed to attract displayed liquidity to the Exchange in Tape B securities by providing an additive rebate for executions of Tape B Volume to Members, thereby promoting price discovery and market quality on the Exchange. The Exchange notes that the proposed additive rebate under the newly proposed Tape B Volume Tier 1 is commensurate with the corresponding required criteria under each such tier and is reasonably related to the market quality benefits that the tier is designed to achieve.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,
                    <SU>16</SU>
                    <FTREF/>
                     in general, and with Sections 6(b)(4) and 6(b)(5) of the Act,
                    <SU>17</SU>
                    <FTREF/>
                     in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 78f(b)(4) and (5).
                    </P>
                </FTNT>
                <P>
                    As discussed above, the Exchange operates in a highly fragmented and competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient, and the Exchange represents only a small percentage of the overall market. The Commission and the courts have repeatedly expressed their preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. In Regulation NMS, the Commission highlighted the importance of market forces in determining prices and SRO revenues and also recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).
                    </P>
                </FTNT>
                <P>The Exchange believes that the ever-shifting market share among the exchanges from month to month demonstrates that market participants can shift order flow or discontinue use of certain categories of products, in response to new or different pricing structures being introduced into the market. Accordingly, competitive forces constrain the Exchange's transaction fees and rebates, and market participants can readily trade on competing venues if they deem pricing levels at those other venues to be more favorable. The Exchange believes the proposal reflects a reasonable and competitive pricing structure designed to incentivize market participants to direct additional order flow, including displayed liquidity-adding orders to the Exchange, which the Exchange believes would promote price discovery and enhance liquidity and market quality on the Exchange to the benefit of all Members and market participants.</P>
                <P>
                    The Exchange notes that volume and quoting-based incentives (such as tiers) have been widely adopted by exchanges, including the Exchange, and are reasonable, equitable and not unfairly discriminatory because they are open to all members on an equal basis and provide additional benefits that are reasonably related to the value to an exchange's market quality associated with higher levels of market activity, such as higher levels of liquidity provision and/or growth patterns, and the introduction of higher volumes of orders into the price and volume discovery process. The Exchange believes that the Liquidity Provision Tiers 1 and 2, each as modified by the proposed changes to the required criteria under such tier, and the newly proposed Tape B Volume Tier 1, are reasonable, equitable and not unfairly discriminatory for these same reasons, as such tiers would continue to provide Members with an incremental incentive to achieve certain volume thresholds on the Exchange, are available to all Members on an equal basis, and, as described above, are designed to encourage Members to maintain or increase their order flow, including in the form of displayed, liquidity-adding, orders to the Exchange in both all securities and a smaller subset of securities (
                    <E T="03">i.e.,</E>
                     Tape B securities) in order to qualify for an enhanced rebate for executions of Added Displayed Volume or Tape B Volume, as applicable, thereby contributing to a deeper, more liquid and well balanced market ecosystem on the Exchange to the benefit of all Members and market participants. The Exchange also believes that the proposed changes to such tiers reflect a reasonable and equitable allocation of fees and rebates, because, as noted above, the Exchange believes in each case that the rebates under the Liquidity Provision Tiers and the new additive rebate under Tape B Volume Tier 1 remain commensurate with the corresponding required criteria under such tiers, and are reasonably related to the market quality benefits that each tier is designed to achieve.
                </P>
                <P>
                    For the reasons discussed above, the Exchange submits that the proposal satisfies the requirements of Sections 6(b)(4) and 6(b)(5) of the Act 
                    <SU>19</SU>
                    <FTREF/>
                     in that it provides for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities and is not designed to unfairly discriminate between customers, issuers, brokers, or dealers. As described more fully below in the Exchange's statement regarding the burden on competition, the Exchange believes that its transaction pricing is subject to significant competitive forces, and that the proposed rebates described herein are appropriate to address such forces.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         15 U.S.C. 78f(b)(4) and (5).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    The Exchange does not believe that the proposal will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Instead, as discussed above, the proposal is intended to incentivize market participants to direct additional order flow to the Exchange, thereby enhancing liquidity and market quality on the Exchange to the benefit of all Members and market participants. As a result, the Exchange believes the proposal would enhance its competitiveness as a market that attracts actionable orders, thereby making it a more desirable destination venue for its customers. For these reasons, the Exchange believes that the proposal furthers the Commission's goal in adopting Regulation NMS of fostering competition among orders, which promotes “more efficient pricing of individual stocks for all types of orders, large and small.” 
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See supra</E>
                         note 18.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Intramarket Competition</HD>
                <P>
                    As discussed above, the Exchange believes that the proposal would incentivize Members to submit additional order flow, including displayed, liquidity-adding orders to the Exchange, thereby enhancing liquidity and market quality on the Exchange to the benefit of all Members, as well as enhancing the attractiveness of the Exchange as a trading venue, which the Exchange believes, in turn, would continue to encourage market participants to direct additional order 
                    <PRTPAGE P="45062"/>
                    flow to the Exchange. Greater liquidity benefits all Members by providing more trading opportunities and encourages Members to send additional orders to the Exchange, thereby contributing to robust levels of liquidity, which benefits all market participants. The opportunity to qualify for the proposed modified Liquidity Provision Tiers 1 and 2, and thus receive the proposed enhanced rebate for executions of Added Displayed Volume under such tiers, and the opportunity to qualify for the newly proposed Tape B Volume Tier 1 and thus receive the proposed additive rebate for executions of Tape B Volume, would be available to all Members that meet the associated volume requirements in any month. For the foregoing reasons, the Exchange believes the proposed changes would not impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <HD SOURCE="HD3">Intermarket Competition</HD>
                <P>As noted above, the Exchange operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient. Members have numerous alternative venues that they may participate on and direct their order flow to, including 17 other equities exchanges and numerous alternative trading systems and other off-exchange venues. As noted above, no single registered equities exchange currently has more than approximately 14% of the total market share of executed volume of equities trading. Thus, in such a low-concentrated and highly competitive market, no single equities exchange possesses significant pricing power in the execution of order flow. Moreover, the Exchange believes that the ever-shifting market share among the exchanges from month to month demonstrates that market participants can shift order flow or reduce use of certain categories of products, in response to new or different pricing structures being introduced into the market. Accordingly, competitive forces constrain the Exchange's transaction fees and rebates, including with respect to Added Displayed Volume and Tape B Volume, and market participants can readily choose to send their orders to other exchange and off-exchange venues if they deem fee levels at those other venues to be more favorable. As described above, the proposed changes represent a competitive proposal through which the Exchange is seeking to generate additional revenue with respect to its transaction pricing and to encourage the submission of additional order flow to the Exchange through volume-based tiers, which have been widely adopted by exchanges, including the Exchange. Accordingly, the Exchange believes the proposal would not burden, but rather promote, intermarket competition by enabling it to better compete with other exchanges that offer similar pricing incentives to market participants.</P>
                <P>
                    Additionally, the Commission has repeatedly expressed its preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. Specifically, in Regulation NMS, the Commission highlighted the importance of market forces in determining prices and SRO revenues and, also, recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 
                    <SU>21</SU>
                    <FTREF/>
                     The fact that this market is competitive has also long been recognized by the courts. In 
                    <E T="03">NetCoalition</E>
                     v. 
                    <E T="03">SEC,</E>
                     the D.C. Circuit stated as follows: “[n]o one disputes that competition for order flow is ‘fierce.’ . . . As the SEC explained, ‘[i]n the U.S. national market system, buyers and sellers of securities, and the broker-dealers that act as their order-routing agents, have a wide range of choices of where to route orders for execution’; [and] ‘no exchange can afford to take its market share percentages for granted’ because ‘no exchange possesses a monopoly, regulatory or otherwise, in the execution of order flow from broker dealers’. . . .”.
                    <SU>22</SU>
                    <FTREF/>
                     Accordingly, the Exchange does not believe its proposed pricing changes impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">NetCoalition</E>
                         v. 
                        <E T="03">SEC,</E>
                         615 F.3d 525, 539 (D.C. Cir. 2010) (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSE-2006-21)).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act 
                    <SU>23</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>24</SU>
                    <FTREF/>
                     thereunder.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov</E>
                    . Please include file number SR-MEMX-2025-28 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-MEMX-2025-28. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-MEMX-2025-28 and should be submitted on or before October 9, 2025.
                </FP>
                <SIG>
                    <PRTPAGE P="45063"/>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>25</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>25</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18043 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE:</HD>
                    <P>Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission's Crypto Task Force will hold a public meeting on October 17, 2025, from 1:00 p.m. to 4:00 p.m. (ET).</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE:</HD>
                    <P>The roundtable will be held in the Auditorium at the Commission's headquarters, 100 F Street NE, Washington, DC 20549.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS:</HD>
                    <P>
                        This Sunshine Act notice is being issued because a majority of the Commission may attend the meeting. The meeting will begin at 1 p.m. (ET) and will be open to the public. Seating will be on a first-come, first-served basis. Doors will open at 12 p.m. (ET). Visitors will be subject to security checks. The meeting will be webcast on the Commission's website at 
                        <E T="03">www.sec.gov,</E>
                         and a recording will be posted at a later date.
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
                    <P>The Crypto Task Force will host a roundtable on financial surveillance and privacy. The roundtable is open to the public, who must register at this link.</P>
                    <P>The agenda for the roundtable will focus on financial surveillance and privacy. Members of the public are able to communicate directly on this and other topics and request a meeting with the Crypto Task Force.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION: </HD>
                    <P>For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.</P>
                </PREAMHD>
                <EXTRACT>
                    <FP>(Authority: 5 U.S.C. 552b.)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: September 16, 2025.</DATED>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18101 Filed 9-16-25; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 35748; File No. 812-15815]</DEPDOC>
                <SUBJECT>Rand Capital Corporation, et al.</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of application for an order under sections 17(d) and 57(i) of the Investment Company Act of 1940 (the “Act”) and rule 17d-1 under the Act to permit certain joint transactions otherwise prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act.</P>
                <PREAMHD>
                    <HD SOURCE="HED">SUMMARY OF APPLICATION:</HD>
                    <P> Applicants request an order to permit certain business development companies (“BDCs”) and closed-end management investment companies to co-invest in portfolio companies with each other and with certain affiliated investment entities.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">APPLICANTS:</HD>
                    <P> Rand Capital Corporation, Callodine Specialty Income Fund, Rand Capital Management, LLC, Callodine Capital Management, LP, Callodine Credit Management, LLC, Thorofare, LLC, Rand Capital Sub LLC, and certain of their affiliated entities as described in Schedule A to the application.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">FILING DATES:</HD>
                    <P> The application was filed on May 28, 2025, and amended on September 4, 2025.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">HEARING OR NOTIFICATION OF HEARING:</HD>
                    <P>
                         An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. Hearing requests should be received by the Commission by 5:30 p.m. on October 10, 2025, and should be accompanied by proof of service on the Applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                        .
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov</E>
                        . Applicants: James Morrow, 
                        <E T="03">jmorrow@callodine.com,</E>
                         Callodine Group, LLC, Two International Place, Suite 1830, Boston, MA 02110; Daniel Penberthy, 
                        <E T="03">dpenberthy@randcapital.com,</E>
                         Rand Capital Corporation, 1405 Rand Building, Buffalo, NY 14203; Stephani M. Hildebrandt, Esq., 
                        <E T="03">stephanihildebrandt@eversheds-sutherland.com,</E>
                         and Anne G. Oberndorf, Esq., 
                        <E T="03">anneoberndorf@eversheds-sutherland.com,</E>
                         Eversheds Sutherland (US) LLP, 700 Sixth Street NW, Suite 700, Washington, DC 20001.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Thomas Ahmadifar, Branch Chief, Toyin Momoh, Senior Counsel, or Daniele Marchesani, Assistant Chief Counsel, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' first amended application, dated September 4, 2025, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field, on the SEC's EDGAR system. The SEC's EDGAR system may be searched at 
                    <E T="03">https://www.sec.gov/edgar/searchedgar/companysearch.html</E>
                    . You may also call the SEC's Office of Investor Education and Advocacy at (202) 551-8090.
                </P>
                <SIG>
                    <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18030 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103965; File No. SR-LCH SA-2025-007]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; LCH SA; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change, Concerning Updates to LCH SA's Risk Governance Framework and Collateral, Financial, Credit, Operational and Third Party Risk Policies</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    On July 15, 2025, Banque Centrale de Compensation, which conducts business under the name LCH SA (“LCH SA”), filed with the Securities and Exchange Commission (the 
                    <PRTPAGE P="45064"/>
                    “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change, LCH SA-2025-007, to submit for Commission approval the following risk policies (the “Risk Policies”): (i) the Collateral Risk Policy; (ii) the Financial Resource Adequacy Policy; (iii) the Counterparty Credit Risk Policy; (iv) the Operational Risk Management Policy; (v) the Third Party Risk Management Policy; and (vi) the Risk Governance Framework.
                    <SU>3</SU>
                    <FTREF/>
                     The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on August 1, 2025.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission did not receive comments regarding the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Notice, 
                        <E T="03">infra</E>
                         note 4, at 90 FR 36257.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Securities Exchange Act Release No. 103573 (July 29, 2025), 90 FR 36257 (Aug. 1, 2025) (File No. SR-LCH SA-2025-007) (“Notice”).
                    </P>
                </FTNT>
                <P>
                    Section 19(b)(2) of the Exchange Act 
                    <SU>5</SU>
                    <FTREF/>
                     provides that, within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding, or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day after publication of the Notice is September 15, 2025. The Commission is extending this 45-day time period.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <P>In order to provide the Commission with sufficient time to consider the Proposed Rule Change, the Commission finds that it is appropriate to designate a longer period within which to take action on the Proposed Rule Change.</P>
                <P>
                    Accordingly, the Commission, pursuant to Section 19(b)(2) of the Exchange Act,
                    <SU>6</SU>
                    <FTREF/>
                     designates October 30, 2025, as the date by which the Commission shall either approve, disapprove, or institute proceedings to determine whether to disapprove the Proposed Rule Change.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>7</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             17 CFR 200.30-3(a)(31).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18046 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103971; File No. SR-NYSE-2025-35]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Price List</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) 
                    <SU>1</SU>
                    <FTREF/>
                     of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>2</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>3</SU>
                    <FTREF/>
                     notice is hereby given that on September 2, 2025, New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         15 U.S.C. 78a.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange proposes to amend its Price List regarding the gross FOCUS fee charged to member organizations, effective September 2, 2025. The proposed rule change is available on the Exchange's website at 
                    <E T="03">www.nyse.com</E>
                     and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>The Exchange proposes to amend its Price List to provide for a temporary waiver of the Gross FOCUS fee from September 2, 2025 through December 31, 2025 (the “Waiver Period”).</P>
                <P>The Exchange proposes to implement the fee changes effective September 2, 2025.</P>
                <HD SOURCE="HD3">Background</HD>
                <P>
                    NYSE Rule 129 provides that the Exchange's Board may, from time to time, impose such charge(s) on members and member organizations as it deems appropriate to reimburse the Exchange, in whole or in part, for regulatory oversight services provided to the membership by the Exchange. Generally, the Exchange may only use regulatory fees “to fund the legal, regulatory and surveillance operations” of the Exchange.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Fourteenth Amended and Restated Operating Agreement of New York Stock Exchange LLC, Art. IV, Sec. 4.05, available at 
                        <E T="03">https://www.nyse.com/publicdocs/nyse/regulation/nyse/Fourteenth_Amended_and_Restated_Operating_Agreement_of_New_York_Stock_Exchange.pdf</E>
                        .
                    </P>
                </FTNT>
                <P>Consistent with the foregoing, the Exchange currently charges each member organization a monthly regulatory fee of $0.11 per $1,000 of gross revenue reported on its FOCUS Report (“Gross FOCUS Fee”). Member organizations are subject to certain minimum annual Gross FOCUS Fees, which are $500 for carrying firms and designated market makers, $250 for introducing firms, and $45 for member organizations who do not conduct a public business.</P>
                <P>The revenue collected pursuant to the Gross FOCUS Fee funds the performance of the Exchange's regulatory activities with respect to member organizations. More specifically, the Gross FOCUS Fee funds a material portion, but not all, of the Exchange's expenses related to its regulatory program, including legal expenses associated with regulation, the costs related to in-house staff, third-party service providers, and technology that facilitates regulatory functions such as surveillance, investigation, examinations, and enforcement. Gross FOCUS Fee funds may also be used for indirect expenses such as human resources and other administrative costs (collectively, “Regulatory Costs”).</P>
                <P>
                    The Exchange monitors the amount of revenue collected from the Gross FOCUS Fee to ensure that these funds, in combination with its other regulatory fees and fines, do not exceed Regulatory Costs. The Exchange monitors Regulatory Costs and revenues on an annual basis, at a minimum. If the Exchange determines that regulatory revenues exceed or are projected to exceed Regulatory Costs, the Exchange 
                    <PRTPAGE P="45065"/>
                    will adjust the Gross FOCUS Fee downward or seek a partial waiver of the fee by submitting a filing to the Commission. As described below, the Exchange has determined that continued collection of Gross FOCUS Fees at the current rate for the proposed Waiver Period would exceed a material portion of the Exchange's anticipated Regulatory Costs, justifying the proposed waiver of the Gross FOCUS Fee for member organizations through the end of 2025.
                </P>
                <HD SOURCE="HD3">Proposed Rule Change</HD>
                <P>Based on the Exchange's recent review of current and anticipated Regulatory Costs and Gross FOCUS Fee revenue, the Exchange proposes to waive the Gross FOCUS Fee from September 2, 2025 through December 31, 2025, in order to help ensure that the amounts collected from the Gross FOCUS Fee, in combination with other regulatory fees and fines, do not exceed the Exchange's total projected Regulatory Costs. The Exchange proposes to waive the Gross FOCUS Fee because it believes that if the fee is not adjusted, Gross FOCUS Fee revenue to the Exchange year-over-year could exceed a material portion of the Exchange's Regulatory Costs. The Exchange's position is based on its periodic analysis of actual and anticipated costs to fund its regulatory program and revenue to offset those costs, including the Gross FOCUS Fee, and takes into consideration both that the last Gross FOCUS Fee adjustment was nearly four years ago, and the projected regulatory spending landscape going forward. Moreover, the Exchange believes that a four-month waiver rather than adjusting the fee would most efficiently accomplish the goal of reasonably ensuring that Gross FOCUS Fee collection does not exceed anticipated Regulatory Costs and allow for further consideration of the appropriate Gross FOCUS Fee rate going forward.</P>
                <P>The Exchange would announce the proposed waiver of the Gross FOCUS Fee by Trader Update.</P>
                <P>The proposed change is not otherwise intended to address other issues, and the Exchange is not aware of any significant problems that market participants would have in complying with the proposed changes.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,
                    <SU>5</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Sections 6(b)(4) and (5) of the Act,
                    <SU>6</SU>
                    <FTREF/>
                     in particular, because it provides for the equitable allocation of reasonable dues, fees, and other charges among its members, issuers and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         15 U.S.C. 78f(b)(4) &amp; (5).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">The Proposed Change Is Reasonable</HD>
                <P>
                    The Exchange believes the proposed fee change is reasonable because it would help ensure that revenue collected from the Gross FOCUS Fee does not exceed a material portion of the Exchange's projected Regulatory Costs. The Exchange has targeted the Gross FOCUS Fee to generate revenues that would be less than or equal to the Exchange's regulatory costs, which is consistent with both Rule 129 and the Commission's view that regulatory fees be used for regulatory purposes. As noted above, the principle that the Exchange may only use regulatory fees “to fund the legal, regulatory, and surveillance operations” of the Exchange is reflected in the Exchange's operating agreement.
                    <SU>7</SU>
                    <FTREF/>
                     In this regard, the Gross FOCUS Fee has been calculated to recover a material portion, but not all, of the Exchange's Regulatory Costs. As also noted above, based on the Exchange's recent review of current and projected regulatory costs and Gross FOCUS Fee collections, a four-month waiver of the Gross FOCUS Fee, which was last adjusted in 2021, would be the most efficient way to lessen the potential for generating excess funds that may otherwise occur using the current rate and allow for further consideration of the appropriate Gross FOCUS Fee rate going forward. The Exchange thus believes that the proposed waiver would be a fair and reasonable method for ensuring that the amounts collected from the Gross FOCUS Fee, in combination with other regulatory fees and fines, do not potentially exceed Regulatory Costs. The Exchange further believes that resuming the current rate as of January 1, 2026, would be reasonable because it would permit the Exchange to resume assessing the Gross Focus Fee in a way that is designed to recover a material portion, but not all, of the Exchange's projected Regulatory Costs. The Exchange would continue monitoring Regulatory Costs in advance of the fee resumption next year and, if the Exchange determines that the rate should be further modified to help ensure that Gross FOCUS Fee collections would not exceed a material portion of Regulatory Costs, would make an appropriate rule filing with the Commission.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         note 4, 
                        <E T="03">supra.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">The Proposal Is an Equitable Allocation of Fees</HD>
                <P>The Exchange believes its proposal is an equitable allocation of fees among its market participants. The Exchange further believes that the proposed Gross FOCUS Fee waiver would benefit all member organizations because all member organizations would be eligible for the waiver, and would benefit from the waiver, on full and equal terms. For the same reasons, the proposed waiver neither targets nor will it have a disparate impact on any particular category of market participant. All member organizations would qualify for the waiver of the Gross FOCUS Fee on an equal and non-discriminatory basis. The Exchange also believes that recommencing the Gross FOCUS Fee effective January 1, 2026, at the current rate, unless the Exchange determines it would be necessary to further adjust the fee, is equitable because the Gross FOCUS Fee would resume applying to all member organizations on an equal basis.</P>
                <HD SOURCE="HD3">The Proposal Is Not Unfairly Discriminatory</HD>
                <P>The Exchange believes that the proposal is not unfairly discriminatory. The proposed waiver of the Gross FOCUS Fee would benefit all similarly-situated market participants on an equal and non-discriminatory basis. Moreover, the proposal neither targets nor will it have a disparate impact on any particular category of market participant. The proposed fee change is designed to pause collection of a fee that applies to member organizations on an equal and non-discriminatory basis, waiver of which would apply to and benefit all member organizations equally. The Exchange also believes that recommencing the Gross FOCUS Fee on January 1, 2026, at the current rate, unless the Exchange determines it would be necessary to further adjust the rate to ensure that collections do not exceed a material portion of its Regulatory Costs, is not unfairly discriminatory because the resumed fee would apply equally to all member organizations.</P>
                <P>
                    For the foregoing reasons, the Exchange believes that the proposal is consistent with the Act.
                    <PRTPAGE P="45066"/>
                </P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    In accordance with Section 6(b)(8) of the Act,
                    <SU>8</SU>
                    <FTREF/>
                     the Exchange believes that the proposed rule change would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         15 U.S.C. 78f(b)(8).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Intramarket Competition.</E>
                     The Exchange believes the proposed fee change would not impose an undue burden on competition as the fee waiver would apply to all member organizations on an equal and non-discriminatory basis. The Exchange believes that the proposed waiver would also not place certain market participants at an unfair disadvantage because all member organizations would be eligible for the same waiver. For the same reasons, the proposed fee waiver neither targets nor will it have a disparate impact on any particular category of market participant. All similarly-situated member organizations would be eligible for the proposed waiver. The Exchange also believes recommencing the Gross FOCUS Fee on January 1, 2026, at the same current rate (unless the Exchange determines it necessary at that time to adjust the fee to ensure that collections do not exceed a material portion of its Regulatory Costs) would not impose an undue burden on competition because the proposed rate would apply equally to all member organizations subject to the Gross FOCUS Fee and would permit the Exchange to resume assessing a fee that is designed to recover a material portion, but not all, of the Exchange's projected Regulatory Costs.
                </P>
                <P>
                    <E T="03">Intermarket Competition.</E>
                     The proposed fee change is not designed to address any competitive issues. Rather, the proposed change is designed to help the Exchange adequately fund its regulatory activities while seeking to ensure that total collections from regulatory fees do not exceed total Regulatory Costs.
                </P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>No written comments were solicited or received with respect to the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>9</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) thereunder 
                    <SU>10</SU>
                    <FTREF/>
                     the Exchange has designated this proposal as establishing or changing a due, fee, or other charge imposed on any person, whether or not the person is a member of the self-regulatory organization, which renders the proposed rule change effective upon filing. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov</E>
                    . Please include file number SR-NYSE-2025-35 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-NYSE-2025-35. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NYSE-2025-35 and should be submitted on or before October 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>11</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>11</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18042 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 35749; File No. 812-15823]</DEPDOC>
                <SUBJECT>Privacore VPC Asset Backed Credit Fund, et al.</SUBJECT>
                <DATE>September 16, 2025.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of application for an order under sections 17(d) and 57(i) of the Investment Company Act of 1940 (the “Act”) and rule 17d-1 under the Act to permit certain joint transactions otherwise prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act.</P>
                <PREAMHD>
                    <HD SOURCE="HED">SUMMARY OF APPLICATION:</HD>
                    <P> Applicants request an order to permit certain business development companies (“BDCs”) and closed-end management investment companies to co-invest in portfolio companies with each other and with certain affiliated investment entities.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">APPLICANTS:</HD>
                    <P> Privacore VPC Asset Backed Credit Fund, Victory Park Capital Advisors, LLC and certain of their affiliated entities as described in Schedule A to the application.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">FILING DATES:</HD>
                    <P> The application was filed on May 29, 2025, and amended on August 11, 2025, and September 12, 2025.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">HEARING OR NOTIFICATION OF HEARING:</HD>
                    <P>
                         An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. Hearing requests should be received by the Commission by 5:30 p.m. on October 14, 2025, and should be accompanied by proof of service on the Applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-
                        <PRTPAGE P="45067"/>
                        5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Scott Zemnick, General Counsel, Victory Park Capital Advisors, LLC, 
                        <E T="03">szemnick@victoryparkcapital.com;</E>
                         and Kirkland &amp; Ellis LLP, Nicole M. Runyan, P.C., 
                        <E T="03">nicole.runyan@kirkland.com,</E>
                         Pamela Poland Chen, 
                        <E T="03">pamela.chen@kirkland.com</E>
                         and Jason Monfort, 
                        <E T="03">jason.monfort@kirkland.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Adam Large, Senior Special Counsel, Laura Solomon, Senior Counsel, or Daniele Marchesani, Assistant Chief Counsel, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' second amended application, dated September 12, 2025, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field, on the SEC's EDGAR system. The SEC's EDGAR system may be searched at 
                    <E T="03">https://www.sec.gov/edgar/searchedgar/companysearch.html.</E>
                     You may also call the SEC's Office of Investor Education and Advocacy at (202) 551-8090.
                </P>
                <SIG>
                    <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                    <NAME>J. Matthew DeLesDernier,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18089 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103970; File No. SR-NYSEARCA-2025-68]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the NYSE Arca Equities Fees and Charges</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) 
                    <SU>1</SU>
                    <FTREF/>
                     of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>2</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>3</SU>
                    <FTREF/>
                     notice is hereby given that on September 2, 2025, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         15 U.S.C. 78a.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange proposes to amend the NYSE Arca Equities Fees and Charges (“Fee Schedule”) regarding the gross FOCUS fee charged to ETP Holders (“Gross FOCUS Fee”), effective September 2, 2025. The proposed rule change is available on the Exchange's website at 
                    <E T="03">www.nyse.com</E>
                     and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>The Exchange proposes to amend its Fee Schedule to (1) provide for a temporary waiver of the Gross FOCUS fee from September 2, 2025 through December 31, 2025 (the “Waiver Period”).</P>
                <P>The Exchange proposes to implement the fee changes effective September 2, 2025.</P>
                <HD SOURCE="HD3">Background</HD>
                <P>
                    Generally, the Exchange may only use regulatory fees “to fund the legal, regulatory and surveillance operations” of the Exchange.
                    <SU>4</SU>
                    <FTREF/>
                     Consistent with the foregoing, the Exchange currently charges each ETP Holder a monthly regulatory fee of $0.069 per $1,000 of gross revenue reported on its FOCUS Report (“Gross FOCUS Fee”).
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         NYSE Arca, Inc. Bylaws, Art. II, Sec. 2.03 (Dividends; Regulatory Fees and Penalties).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         FOCUS is an acronym for Financial and Operational Combined Uniform Single Report. FOCUS Reports are filed periodically with the Securities and Exchange Commission (the “Commission” or “SEC”) as SEC Form X-17A-5 pursuant to Rule 17a-5 under the Act.
                    </P>
                </FTNT>
                <P>The revenue collected pursuant to the Gross FOCUS Fee funds the performance of the Exchange's regulatory activities with respect to ETP Holders, including surveillance operations expenses. More specifically, the revenue generated by the Gross FOCUS Fee funds a material portion, but not all, of the Exchange's expenses related to its regulatory program, including legal expenses associated with regulation, the costs related to in-house staff, third-party service providers, and technology that facilitates regulatory functions such as surveillance, investigation, examinations, and enforcement. Gross FOCUS Fee funds may also be used for indirect expenses such as human resources and other administrative costs (collectively, “Regulatory Costs”).</P>
                <P>The Exchange monitors the amount of revenue collected from the Gross FOCUS Fee to ensure that these funds, in combination with its other regulatory fees and fines, do not exceed Regulatory Costs. The Exchange monitors Regulatory Costs and revenues on an annual basis, at a minimum. If the Exchange determines that regulatory revenues exceed or are projected to exceed Regulatory Costs, the Exchange will adjust the Gross FOCUS Fee downward or seek a partial waiver of the fee by submitting a filing to the Commission. As described below, the Exchange has determined that continued collection of Gross FOCUS Fees at the current rate for the proposed Waiver Period would exceed a material portion of the Exchange's anticipated Regulatory Costs, justifying the proposed waiver of the Gross FOCUS Fee for ETP Holders through the end of 2025.</P>
                <HD SOURCE="HD3">Proposed Rule Change</HD>
                <P>
                    Based on the Exchange's recent review of current and anticipated Regulatory Costs and Gross FOCUS Fee revenue, the Exchange proposes to waive the Gross FOCUS Fee from September 2, 2025 through December 31, 2025, in order to help ensure that the amounts collected from the Gross FOCUS Fee, in combination with other regulatory fees and fines, do not exceed the Exchange's total projected 
                    <PRTPAGE P="45068"/>
                    Regulatory Costs. The Exchange proposes to waive the Gross FOCUS Fee because it believes that if the fee is not adjusted, Gross FOCUS Fee revenue to the Exchange year-over-year could exceed a material portion of the Exchange's Regulatory Costs. The Exchange's position is based on its periodic analysis of actual and anticipated costs to fund its regulatory program and revenue to offset those costs, including the Gross FOCUS Fee, and takes into consideration both that the last Gross FOCUS Fee adjustment was more than three years ago, and the projected regulatory spending landscape going forward. Moreover, the Exchange believes that a four-month waiver rather than adjusting the fee would most efficiently accomplish the goal of reasonably ensuring that Gross FOCUS Fee collection does not exceed anticipated Regulatory Costs and allow for further consideration of the appropriate Gross FOCUS Fee rate going forward.
                </P>
                <P>The Exchange would announce the proposed waiver of the Gross FOCUS Fee by Trader Update.</P>
                <P>The proposed change is not otherwise intended to address other issues, and the Exchange is not aware of any significant problems that market participants would have in complying with the proposed changes.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with the provisions of Section 6(b) 
                    <SU>6</SU>
                    <FTREF/>
                     of the Act, in general, and Section 6(b)(4) and (5) 
                    <SU>7</SU>
                    <FTREF/>
                     of the Act, in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 78f(b)(4) and (5).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">The Proposal Is Reasonable</HD>
                <P>
                    The Exchange believes the proposed fee change is reasonable because it would help ensure that revenue collected from the Gross FOCUS Fee does not exceed a material portion of the Exchange's projected Regulatory Costs. The Exchange has targeted the Gross FOCUS Fee to generate revenues that would be less than or equal to the Exchange's regulatory costs, which is consistent with both Rule 129 and the Commission's view that regulatory fees be used for regulatory purposes. As noted above, the principle that the Exchange may only use regulatory fees “to fund the legal, regulatory, and surveillance operations” of the Exchange is reflected in the Exchange's operating agreement.
                    <SU>8</SU>
                    <FTREF/>
                     In this regard, the Gross FOCUS Fee has been calculated to recover a material portion, but not all, of the Exchange's Regulatory Costs. As also noted above, based on the Exchange's recent review of current and projected regulatory costs and Gross FOCUS Fee collections, a four-month waiver of the Gross FOCUS Fee, which was last adjusted more than three years ago, would be the most efficient way to lessen the potential for generating excess funds that may otherwise occur using the current rate and allow for further consideration of the appropriate Gross FOCUS Fee rate going forward. The Exchange thus believes that the proposed waiver would be a fair and reasonable method for ensuring that the amounts collected from the Gross FOCUS Fee, in combination with other regulatory fees and fines, do not potentially exceed Regulatory Costs. The Exchange further believes that resuming the current rate as of January 1, 2026, would be reasonable because it would permit the Exchange to resume assessing the Gross Focus Fee in a way that is designed to recover a material portion, but not all, of the Exchange's projected Regulatory Costs. The Exchange would continue monitoring Regulatory Costs in advance of the fee resumption next year and, if the Exchange determines that the rate should be further modified to help ensure that Gross FOCUS Fee collections would not exceed a material portion of Regulatory Costs, would make an appropriate rule filing with the Commission.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         note 4, 
                        <E T="03">supra.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">The Proposal Is an Equitable Allocation of Fees</HD>
                <P>The Exchange believes its proposal is an equitable allocation of fees among its market participants. The Exchange further believes that the proposed Gross FOCUS Fee waiver would benefit all ETP Holders because all ETP Holders would be eligible for the waiver, and would benefit from the waiver, on full and equal terms. For the same reasons, the proposed waiver neither targets nor will it have a disparate impact on any particular category of market participant. All ETP Holders would qualify for the waiver of the Gross FOCUS Fee on an equal and non-discriminatory basis. The Exchange also believes that recommencing the Gross FOCUS Fee effective January 1, 2026, at the current rate, unless the Exchange determines it would be necessary to further adjust the fee, is equitable because the Gross FOCUS Fee would resume applying to all ETP Holders on an equal basis.</P>
                <HD SOURCE="HD3">The Proposed Fee Is Not Unfairly Discriminatory</HD>
                <P>The Exchange believes that the proposal is not unfairly discriminatory. The proposed waiver of the Gross FOCUS Fee would benefit all similarly-situated market participants on an equal and non-discriminatory basis. Moreover, the proposal neither targets nor will it have a disparate impact on any particular category of market participant. The proposed fee change is designed to pause collection of a fee that applies to ETP Holders on an equal and non-discriminatory basis, waiver of which would apply to and benefit all ETP Holders equally. The Exchange also believes that recommencing the Gross FOCUS Fee on January 1, 2026, at the current rate, unless the Exchange determines it would be necessary to further adjust the rate to ensure that collections do not exceed a material portion of its Regulatory Costs, is not unfairly discriminatory because the resumed fee would apply equally to all ETP Holders.</P>
                <P>For the foregoing reasons, the Exchange believes that the proposal is consistent with the Act.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
                <P>
                    <E T="03">Intramarket Competition.</E>
                     The Exchange believes the proposed fee change would not impose an undue burden on competition as the fee waiver would apply to all ETP Holders on an equal and non-discriminatory basis. The Exchange believes that the proposed waiver would also not place certain market participants at an unfair disadvantage because all ETP Holders would be eligible for the same waiver. For the same reasons, the proposed fee waiver neither targets nor will it have a disparate impact on any particular category of market participant. All similarly-situated ETP Holders would be eligible for the proposed waiver. The Exchange also believes recommencing the Gross FOCUS Fee on January 1, 2026, at the same current rate (unless the Exchange determines it necessary at that time to adjust the fee to ensure that 
                    <PRTPAGE P="45069"/>
                    collections do not exceed a material portion of its Regulatory Costs) would not impose an undue burden on competition because the proposed rate would apply equally to all ETP Holders subject to the Gross FOCUS Fee and would permit the Exchange to resume assessing a fee that is designed to recover a material portion, but not all, of the Exchange's projected Regulatory Costs.
                </P>
                <P>
                    <E T="03">Intermarket Competition.</E>
                     The proposed fee change is not designed to address any competitive issues. Rather, the proposed change is designed to help the Exchange adequately fund its regulatory activities while seeking to ensure that total collections from regulatory fees do not exceed total Regulatory Costs.
                </P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>No written comments were solicited or received with respect to the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>9</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) thereunder 
                    <SU>10</SU>
                    <FTREF/>
                     the Exchange has designated this proposal as establishing or changing a due, fee, or other charge imposed on any person, whether or not the person is a member of the self-regulatory organization, which renders the proposed rule change effective upon filing. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-NYSEARCA-2025-68  on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-NYSEARCA-2025-68. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NYSEARCA-2025-68 and should be submitted on or before October 9, 2025.
                </FP>
                <P>
                    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         17 CFR 200.30-3(a)(12).
                    </P>
                </FTNT>
                <SIG>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18039 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103968; File No. SR-MEMX-2025-29]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MEMX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.6 To Clarify the Handling of Orders With a Post Only Instruction</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that, on September 8, 2025, MEMX LLC (“MEMX” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange is filing with the Commission a proposed rule change to amend Rule 11.6(a) to clarify the handling of orders that contain both a Post Only instruction and certain other order handling instructions maintained to facilitate compliance with Rule 610(d) of Regulation NMS. The text of the proposed rule change is provided in Exhibit 5 and is available on the Exchange's website at 
                    <E T="03">https://info.memxtrading.com/regulation/rules-and-filings/</E>
                    .
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The purpose of the proposed rule change is to amend Exchange Rule 11.6 to clarify the handling of orders that contain both a Post Only instruction and certain other order handling instructions maintained to facilitate compliance with Rule 610(d) of Regulation NMS (the “Locked and Crossed Markets Rule”). The proposed rule change is based on the rules of Cboe EDGX Exchange, Inc. (“EDGX”).
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The proposed rule text is substantially similar to EDGX Rule 11.6(n)(4).
                    </P>
                </FTNT>
                <P>
                    As background, an order entered with a Post Only instruction does not remove liquidity, except when the order is an order to buy or sell a security priced below $1.00, or when executing as the 
                    <PRTPAGE P="45070"/>
                    taker of liquidity would be economically beneficial to the firm entering the order—
                    <E T="03">i.e.,</E>
                     if the value of such execution when removing liquidity equals or exceeds the value of such execution if the order instead posted to the MEMX Book and subsequently provided liquidity, including the applicable fees charged or rebates provided.
                    <SU>6</SU>
                    <FTREF/>
                     Today, the Exchange's rules state that this handling applies to Post Only orders entered with a Display-Price Sliding 
                    <SU>7</SU>
                    <FTREF/>
                     instruction, which is a re-pricing instruction used for compliance with the Locked and Crossed Markets Rule. Thus, an executable order entered with a Post Only instruction is eligible to remove liquidity in the circumstances described in Rule 11.6(l)(2) instead of having its ranked price or display price adjusted pursuant to those order handling instruction.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         MEMX Rule 11.6(l)(2). To determine at the time of a potential execution whether the value of such execution when removing liquidity equals or exceeds the value of such execution if the order instead posted to the MEMX book and subsequently provided liquidity, the Exchange will use the highest possible rebate paid and the highest possible fee charged for such executions on the Exchange.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         “Display-Price Sliding” is an order instruction requiring that where an order would be a Locking Quotation or Crossing Quotation of an external market if displayed by the System on the MEMX Book at the time of entry, will be ranked at the Locking Price in the MEMX Book and displayed by the System at one Minimum Price Variation lower (higher) than the Locking Price for orders to buy (sell). 
                        <E T="03">See</E>
                         MEMX Rule 11.6(j)(1)(A).
                    </P>
                </FTNT>
                <P>
                    However, the Exchange also offers a “Cancel Back” instruction that is not covered by MEMX Rule 11.6(l)(2). An order entered with a Cancel Back instruction is immediately cancelled instead of re-priced when displaying the order at its limit price would create a violation of the Locked and Crossed Markets Rule, or if the order could not otherwise be executed or posted at its limit price.
                    <SU>8</SU>
                    <FTREF/>
                     Even if Users select the Cancel Back instruction, however, orders entered with a Post Only instruction are handled in the same manner regardless of whether the Display-Price Sliding or Cancel Back instruction is selected.
                    <SU>9</SU>
                    <FTREF/>
                     The Exchange therefore proposes to amend MEMX Rule 11.6(l)(2) to eliminate the reference to Display-Price Sliding, given that such an instruction is not required for a Post Only instruction to remove liquidity under the noted circumstances.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         “Cancel Back” is an instruction the User may attach to an order instructing the System to immediately cancel the order when, if displayed by the System on the MEMX Book at the time of entry, or upon return to the System after being routed away, would create a violation of Rule 610(d) of Regulation NMS or Rule 201 of Regulation SHO, or the order cannot otherwise be executed or posted by the System to the MEMX Book at its limit price. 
                        <E T="03">See</E>
                         MEMX Rule 11.6(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Rule 11.6(j)(1)(A)(iv) states: Any display-eligible order with a Post Only instruction that would be a Locking Quotation or Crossing Quotation of the Exchange upon entry will be executed as set forth in Rule 11.6(l)(2) or cancelled. In the event the NBBO changes such that an order with a Post Only instruction subject to Display-Price Sliding instruction would be ranked at a price at which it could remove displayed liquidity from the MEMX Book, the order will be executed as set forth in Rule 11.6(l)(2) or cancelled.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         EDGX similarly filed to remove the reference to Display Price Sliding from their rule text, and allows all Post Only orders to remove liquidity if economically beneficial to the firm entering the order. 
                        <E T="03">See</E>
                         Securities Exchange Release No. 88515, (April 4, 2019), 84 FR 14427, (April 10, 2019), SR-CboeEDGX-2019-014.
                    </P>
                </FTNT>
                <P>The Exchange believes that removing the reference to this instruction in the rule would reduce potential confusion as the order handling described in the rule today applies to all orders entered with a Post Only instruction, and not a specific subset of those orders. No changes to the Exchange's trading or other systems are contemplated by this proposed change, which is instead designed to increase transparency around the Exchange's current operation.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act,
                    <SU>11</SU>
                    <FTREF/>
                     in general, and Section 6(b)(5) of the Act,
                    <SU>12</SU>
                    <FTREF/>
                     in particular, in that it is designed to remove impediments to and perfect the mechanism of a free and open market and a national market system, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>Specifically, the Exchange believes that the proposed rule change is consistent with the public interest and the protection of investors as it would avoid potential confusion about how an order is handled if entered with both a Post Only and Cancel Back instruction or no additional instruction at all. Today, the Exchange's rules provide that an order entered into the MEMX Book with a Post Only instruction would remove liquidity in certain circumstances, such as when economically beneficial for the firm entering the order. In addition, the rules specify that this handling applies to orders entered with a Post Only and a Display-Price Sliding instruction. The rules, however, are silent as to the handling applied if an order with a Post Only instruction contains a Cancel Back instruction or no additional instruction at all. The Exchange's order handling is, in fact, the same regardless of which of these instructions are chosen by the member. As such, the Exchange believes that it is appropriate to amend MEMX Rule 11.6(l)(2) to eliminate the reference to the Display-Price Sliding instruction, thereby making clear that this handling applies to all orders entered with a Post Only instruction and not only those that also contain a Display-Price Sliding instruction.</P>
                <P>
                    The Exchange believes that this order handling is appropriate regardless of whether an order entered with a Post Only instruction also contains a Display-Price Sliding, Cancel Back, or no additional instruction. Specifically, the Exchange believes that it is consistent with just and equitable principles of trade to permit an order entered with a Post Only instruction to remove liquidity when the order is an order to buy or sell a security priced below $1.00, or when executing as the taker of liquidity would be economically beneficial to the firm entering the order. This handling is designed to ensure that orders entered with a Post Only instruction are eligible to trade in certain circumstances where the entering firm may have an interest in securing an execution on entry—
                    <E T="03">i.e.,</E>
                     as the taker of liquidity—notwithstanding the member's use of the Post Only instruction. Although the Exchange's rules currently mention order handling for the Display-Price Sliding instruction specifically, this functionality should be applied equally to any order entered with a Post Only instruction. Thus, amending the rule as proposed would provide additional transparency into a feature offered by the Exchange that is potentially beneficial to members that utilize the Post Only instruction.
                </P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Rather, the proposed rule change would remove ambiguity in the MEMX rules. No change to the Exchange's order handling is contemplated by this proposed rule change, which would merely clarify the current handling for all orders entered with a Post Only instruction. The Exchange therefore believes that the proposed rule change would increase transparency around the operation of the Exchange to the benefit of members and investors without imposing any significant burden on competition.
                    <PRTPAGE P="45071"/>
                </P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>13</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) 
                    <SU>14</SU>
                    <FTREF/>
                     thereunder. Because the foregoing proposed rule change does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; or (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>15</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) 
                    <SU>16</SU>
                    <FTREF/>
                     thereunder.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         17 CFR 240.19b-4(f)(6).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.
                    </P>
                </FTNT>
                <P>
                    A proposed rule change filed under Rule 19b-4(f)(6) 
                    <SU>17</SU>
                    <FTREF/>
                     normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),
                    <SU>18</SU>
                    <FTREF/>
                     the Commission may designate a shorter time if such action is consistent with protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposed rule change may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because the proposal avoids potential confusion by clarifying the current handling of all orders entered with a Post Only instruction by eliminating the reference to Display-Price Sliding in Rule 11.6 and does not introduce any novel regulatory issues. Accordingly, the Commission designates the proposed rule change to be operative upon filing.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         17 CFR 240.19b-4(f)(6).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         17 CFR 240.19b-4(f)(6)(iii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         For purposes only of waiving the 30-day operative delay, the Commission also has considered the proposed rule's impact on efficiency, competition, and capital formation. 
                        <E T="03">See</E>
                         15 U.S.C. 78c(f).
                    </P>
                </FTNT>
                <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov</E>
                    . Please include file number SR-MEMX-2025-29 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-MEMX-2025-29. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection.
                </FP>
                <P>All submissions should refer to file number SR-MEMX-2025-29 and should be submitted on or before October 9, 2025.</P>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>20</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>20</SU>
                             17 CFR 200.30-3(a)(12) and (59).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18040 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103969; File No. SR-IEX-2025-24]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Fee Schedule Concerning Transaction Pricing</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) 
                    <SU>1</SU>
                    <FTREF/>
                     of the Securities Exchange Act of 1934 (the “Act”) 
                    <SU>2</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>3</SU>
                    <FTREF/>
                     notice is hereby given that, on September 10, 2025, the Investors Exchange LLC (“IEX” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         15 U.S.C. 78a.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    Pursuant to the provisions of Section 19(b)(1) under the Act,
                    <SU>4</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>5</SU>
                    <FTREF/>
                     the Exchange is filing with the Commission a proposed rule change to amend the Exchange's fee schedule applicable to Members 
                    <SU>6</SU>
                    <FTREF/>
                     (the “Fee Schedule” 
                    <SU>7</SU>
                    <FTREF/>
                    ) pursuant to IEX Rule 15.110(a) and (c) to introduce a new pricing incentive for non-displayed orders called the “Incremental Fee Tiers.” Changes to the Fee Schedule pursuant to this proposal are effective upon filing.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         IEX Rule 1.160(s).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Investors Exchange Fee Schedule, available at 
                        <E T="03">https://www.iexexchange.io/resources/trading/fee-schedule.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <P>
                    The text of the proposed rule change is available at the Exchange's website at 
                    <E T="03">
                        https://www.iexexchange.io/resources/
                        <PRTPAGE P="45072"/>
                        regulation/rule-filings
                    </E>
                     and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    Effective September 1, 2025, IEX proposes to introduce two new pricing tier levels, Incremental Fee Tier 1 and Incremental Fee Tier 2, applicable to certain non-displayed trades, which are designed to incentivize increased non-displayed trading on the Exchange, as described below.
                    <SU>9</SU>
                    <FTREF/>
                     IEX also proposes to make a non-substantive formatting change to the Fee Schedule, as discussed below.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Nothing in this rule filing affects trades below $1.00 per share (“sub-dollar trades”). Sub-dollar trades would not impact the Incremental Fee Tier calculations and would not be eligible for any of the Incremental Fee Tiers described herein.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         The Exchange initially filed the proposed Fee Schedule changes on August 28, 2025 (SR-IEX-2025-23). On September 10, 2025, the Exchange withdrew that filing and submitted this proposal.
                    </P>
                </FTNT>
                <P>
                    As reflected in the Transaction Fees section of the Fee Schedule, the Exchange currently charges a standard fee of $0.0010 per share for trades that add or remove non-displayed liquidity from the Exchange. IEX also allows certain non-displayed orders to execute for free: Retail 
                    <SU>11</SU>
                    <FTREF/>
                     orders that remove liquidity and Retail Liquidity Provider (“RLP”) 
                    <SU>12</SU>
                    <FTREF/>
                     orders, which are resting non-displayed orders that may only match with incoming Retail orders.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         IEX Rule 11.190(b)(15).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         IEX Rule 11.190(b)(14).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         IEX is also not proposing to make any changes to the fees applicable to the execution of Retail or Retail Liquidity Provider orders, which will continue to execute for free.
                    </P>
                </FTNT>
                <P>
                    In order to further incentivize non-displayed trading on the Exchange, IEX now proposes to adopt a new volume-based fee incentive, referred to as “Incremental Fee Tier 2”,
                    <SU>14</SU>
                    <FTREF/>
                     in which IEX will charge a reduced fee of $0.0001 per share for certain executions of non-displayed orders 
                    <SU>15</SU>
                    <FTREF/>
                     to Members that increase their non-displayed volume for August 2025 (“the Baseline Month”) by at least 10,000,000 non-displayed volume per day. Given this, the Exchange is also proposing that the criteria to qualify for Incremental Fee Tier 2 will expire no later than February 28, 2026, which it will indicate in a footnote to the proposed Incremental Fee Tiers table on the IEX Fee Schedule. As part of this proposal, IEX proposes to add two new definitions under “Definitions and Information” in the “Transaction Fees” section of the IEX Fee Schedule. Specifically, IEX proposes to introduce the terms “Baseline non-displayed ADV”,
                    <SU>16</SU>
                    <FTREF/>
                     which it defines as executions with any of the Fee Code Combinations MI, MIB, TI, TIB, TIY, or TIYB in August 2025, and “Incremental non-displayed ADV”, which it defines as executions with any of the Fee Code Combinations MI, MIB, TI, TIB, TIY, or TIYB that exceed the Baseline non-displayed ADV. To qualify for Incremental Fee Tier 2, a Member's Incremental non-displayed ADV must be at least 10,000,000.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         While IEX is proposing to introduce two Incremental Fee Tiers, Incremental Fee Tier 2 is the tier that contains the pricing incentive described in this filing; any Members that do not qualify for Incremental Fee Tier 2 will qualify for Incremental Fee Tier 1, which applies the same fees to non-displayed liquidity adding or removing trades as those currently charged by the Exchange. 
                        <E T="03">See infra</E>
                         note 17.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         The fee codes to which the Incremental Fee Tiers would apply are “MI” (Adds non-displayed liquidity); “MIB” (Adds non-displayed liquidity in Tape B securities); “TIY” (Post Only order removes non-displayed liquidity); “TIYB” (Post Only order removes non-displayed liquidity in Tape B securities); “TI” (Removes non-displayed liquidity); and “TIB” (Removes non-displayed liquidity in Tape B securities).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         The Fee Schedule defines “ADV” as the number of shares added or removed that execute at or above $1.00 per share, combined, per day, calculated on a monthly basis.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         IEX also proposes to introduce Incremental Fee Tier 1, which will apply to any Member that does not qualify for Incremental Fee Tier 2 (
                        <E T="03">i.e.,</E>
                         a Member with an Incremental non-displayed ADV that is less than 10,000,000). The fees associated with Incremental Fee Tier 1 will be the same as the current fees for non-displayed liquidity adding or removing trades.
                    </P>
                </FTNT>
                <P>The reduced fee of $0.0001 per share for Incremental non-displayed ADV in excess of the Baseline non-displayed ADV will be capped at a Member's Baseline non-displayed ADV, and any additional volume will be charged the regular fee of $0.0010 per share for either adding or removing non-displayed liquidity. By way of example, if a Member's Baseline non-displayed ADV is 15,000,000, and its non-displayed volume for September 2025 is 35,000,000, then the Member's Incremental non-displayed ADV would be 20,000,000 for September 2025. However, for that month, the Member would only receive the reduced $0.0001 fee for 15,000,000 of its Incremental non-displayed ADV and would pay the regular fee of $0.0010 for 20,000,000 of its non-displayed volume. If that same Member had 10,000,000 Baseline non-displayed ADV and 10,000,000 Incremental non-displayed ADV in September 2025, for that month, it would pay $0.0001 for its Incremental non-displayed ADV and $0.0010 for 10,000,000 of its non-displayed volume (the same amount as its Baseline non-displayed ADV).</P>
                <P>Accordingly, IEX proposes to update its Fee Schedule to make several revisions to reflect the proposed new Incremental Fee Tiers. First, the Exchange proposes to introduce the aforementioned definitions of “Baseline non-displayed ADV” and “Incremental non-displayed ADV” as part of the “ADV” definition in the Definitions and Information section of the Transaction Fees section of the Fee Schedule.</P>
                <P>IEX also proposes to add Footnote 6 to the Transaction Fees section of the Fee Schedule, and to append it to the following Fee Code Combinations: MI, MIB, TIY, TIYB, TI, and TIB in the Fee Code Combinations and Associated Fees table.</P>
                <P>As proposed, Footnote 6 will be titled “Incremental Fee Tiers (Applicable to Executions at or above $1)” and followed by a table describing Tier 1 and Tier 2, including the required criteria for each tier and the applicable fee, as described above. This table will have two fee columns, the first column showing the “Fee for Baseline non-displayed ADV” and the second column the “Fee for Incremental non-displayed ADV.” As described above, only transactions representing non-displayed volume of a Member that is sufficiently greater than the Baseline non-displayed ADV of that Member will receive the discounted $0.0001 per share fee. To clarify how the fee works, IEX also proposes to include a new footnote “a” to the table which reads:</P>
                <EXTRACT>
                    <P>
                        This fee is only applicable to Incremental non-displayed ADV that does not exceed the Baseline non-displayed ADV. For example, if a Member's Baseline non-displayed ADV is 15,000,000 and its Incremental non-displayed ADV is 20,000,000 (resulting in a total of 35,000,000 daily non-displayed shares traded), the Member qualifies for Tier 2 (because its Incremental non-displayed ADV of 20,000,000 is ≥10,000,000), but the $0.0001 fee is only applicable to 15,000,000 of the Incremental non-displayed ADV because the reduced fee is capped at the Baseline non-displayed ADV. Therefore, the Member would be charged $0.0010 on 20,000,000 and $0.0001 on 15,000,000 daily 
                        <PRTPAGE P="45073"/>
                        non-displayed shares traded. Additionally, IEX notes that the above criteria to qualify for Incremental Fee Tier 2 will expire no later than February 28, 2026.
                    </P>
                </EXTRACT>
                <P>
                    IEX designed the Incremental Fee Tiers to offer Members a means of receiving discounted fees for executions that are currently charged $0.0010 per share 
                    <SU>18</SU>
                    <FTREF/>
                     by sufficiently increasing their non-displayed trading activity on IEX when compared to the Baseline Month (August 2025). Therefore, IEX believes it is reasonable to only include in the Incremental Fee Tiers executions with the Fee Code Combinations MI, MIB, TI, TIB, TIY, or TIYB.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         Specifically non-displayed liquidity adding and removing transactions.
                    </P>
                </FTNT>
                <P>
                    The goal of the Incremental Fee Tiers is to incentivize members to increase the orders sent directly to IEX and therefore provide liquidity to the benefit of all market participants. These Tiers would be expected to benefit Members whose increased order flow provides added levels of liquidity. Additionally, a previous month baseline approach for rebates and fees has also been adopted by several other exchanges, including NYSE Arca 
                    <SU>19</SU>
                    <FTREF/>
                     and Cboe EDGX.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 64820 (July 6, 2011), 76 FR 40974 (July 12, 2011) (SR-NYSEArca-2011-41) (filing to introduce step up tiers).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 80034 (February 14, 2017), 82 FR 11275 (February 21, 2017) (SR-BatsEDGX-2017-09) (filing to introduce step up tiers).
                    </P>
                </FTNT>
                <P>Additionally, IEX proposes to make a non-substantive formatting change to its Fee Schedule. Currently, there is no punctuation separating Fee Code Combinations with multiple footnotes. For example, Fee Code Combination TLB (Removes displayed liquidity (Tape B)) is modified by footnotes 2 and 5, but without a separating comma, it could read that it is modified by footnote 25 (although there is no footnote 25 on the Fee Schedule). Thus, IEX proposes to add a comma between any two footnotes to clarify the footnote's number.</P>
                <P>As noted above, the Exchange is not proposing to change the fees applicable to executions of and with orders with an execution price below $1.00 per share, or to the fees applicable to the execution of Retail and RLP orders, which will continue to execute for free.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    IEX believes that the proposed rule change is consistent with the provisions of Section 6(b) 
                    <SU>21</SU>
                    <FTREF/>
                     of the Act in general and furthers the objectives of Sections 6(b)(4) 
                    <SU>22</SU>
                    <FTREF/>
                     of the Act, in particular, in that it is designed to not be unfairly discriminatory and to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange believes that the proposal does not constitute an inequitable allocation of fees, as all Members will be equally eligible to increase their non-displayed volume over their August 2025 non-displayed volume by at least 10,000,000, and access to the Exchange's market is offered on fair and non-discriminatory terms. IEX notes that even if a Member is unable to directly qualify for Incremental Fee Tier 2, that Member can aggregate its non-displayed volume on IEX by, for example, using another Member for direct market access. Thus, all Members have a reasonable path to qualifying for Incremental Fee Tier 2. Thus, IEX believes that the proposal is not designed to permit unfair discrimination.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <P>IEX believes the Incremental Fee Tiers are not unfairly discriminatory because they provide equal incentives to all Members to increase their non-displayed volume over their August 2025 non-displayed volume. In particular, the number of a Member's shares eligible for the discounted fee of Incremental Fee Tier 2 is tied to the level of that Member's trading activity, and has no relationship to any differences between types of Members.</P>
                <P>IEX also believes that it is reasonable and equitable to cap the volume of a Member's Incremental non-displayed ADV that will be charged the discounted fee of $0.0001 at the volume of a Member's Baseline non-displayed ADV. By design, the amount of a Member's volume that may benefit from the new fee incentive must be reasonably related to the volume a Member traded on IEX in the past. Thus, this proposal is consistent with the Exchange Act because it is designed to equitably reward Members for the incremental increased volume they bring to the Exchange. For example, a Member with a Baseline non-displayed ADV of 5,000,000 would not be able to execute 20,000,000 Incremental non-displayed ADV in September 2025 and expect to pay only $0.0001 for all Incremental non-displayed ADV in excess of its 5,000,000 Baseline non-displayed ADV. As discussed in the Purpose section, this Member would pay $0.0001 for its Incremental non-displayed ADV of 5,000,000 and pay $0.0010 for its remaining non-displayed volume of 20,000,000.</P>
                <P>The Exchange operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. IEX has concluded that, in the context of current regulatory requirements governing access fees and rebates, it is able to more effectively compete with other exchanges for order flow by offering Members an additional means of qualifying for stronger fee or rebate incentives. Based upon informal discussions with market participants, IEX believes that Members and other market participants may be more willing to send more non-displayed orders to IEX if the proposed fee change is adopted.</P>
                <P>The Exchange also believes that adding definitions of “Baseline non-displayed ADV” and “Incremental non-displayed ADV” to the Fee Schedule, and inserting commas any place there are two or more footnotes applied to a Fee Code Combination are reasonable, equitable, and non-discriminatory updates to the Fee Schedule because this language is designed to ensure that the Fee Schedule is as clear and easily understandable as possible with respect to the criteria applied by the Exchange for the proposed new fee tiers.</P>
                <P>Thus, as discussed in the Purpose section, the Exchange believes that the proposed addition of a volume-based fee tier that charges a discounted fee to Members who add sufficiently more non-displayed volume to the Exchange (compared to their non-displayed volume for August 2025) is reasonable and consistent with the Act because it is open to all Members on an equal basis and provides fee incentives that are reasonably related to the value of an exchange's liquidity associated with higher volumes. As stated above, IEX believes the Incremental Fee Tiers may incentivize Members to increase non-displayed trading activity on the Exchange, to the benefit of all market participants.</P>
                <P>
                    IEX notes, as with all tiered pricing structures, that a Member's volume may include orders from multiple of its customers which would be aggregated for purposes of determining whether the Member qualifies for Tier 2 pricing. However, IEX notes that it bills Members at month end based on the total fees applicable to its trades on IEX, not on a trade-by-trade basis. Depending on its billing arrangements with its customers, Members would thus be able to utilize a blended fee rate for such billing purposes. IEX believes that tiered pricing structures are well understood by brokers which enables them to implement appropriate billing processes. Accordingly, IEX believes that the proposed fee structure is not designed to permit unfair discrimination among a Member's customers and is consistent with the 
                    <PRTPAGE P="45074"/>
                    Act. Moreover, IEX notes (as discussed above) that the proposed fee structure is designed to incentivize additional non-displayed liquidity which benefits all Members and their customers.
                </P>
                <P>As noted in the Purpose section, other exchanges offer rebate and fee tiers based on a comparison of current month trading activity to the trading activity of a prior, baseline month, and thus the Exchange does not believe that this aspect of the proposal raises any new or novel issues not already considered by the Commission.</P>
                <P>As discussed above, the Exchange operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. Within that context, the proposed Incremental Fee Tier structure is designed to keep IEX's non-displayed trading prices competitive with those of other exchanges.</P>
                <P>
                    Further, IEX believes that it is reasonable and consistent with the Act not to change the fees applicable to the execution of Retail orders that remove liquidity and RLP orders that provide liquidity to Retail orders, both of which will continue to execute for free. In this regard, the Exchange believes that the existing fee structure continues to be reasonably designed to incentivize the entry of Retail orders, and notes that the Commission, in approving IEX's Retail Price Improvement Program, acknowledged the value of exchanges' offering incentives to attract both retail investor orders and orders specifically designated to execute only with retail orders.
                    <SU>23</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 86619 (August 9, 2019), 84 FR 41769, 41771 (August 15, 2019) (SR-IEX-2019-05).
                    </P>
                </FTNT>
                <P>Finally, to the extent this proposed fee change is successful in incentivizing the entry and execution of more non-displayed orders on IEX, such greater liquidity will benefit all market participants by increasing execution opportunities. And, as discussed above, IEX does not believe that any aspect of this proposal raises new or novel issues not already considered by the Commission.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>IEX does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed rule change will impose any burden on intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange operates in a highly competitive market in which market participants can readily direct order flow to competing venues if fee schedules at other venues are viewed as more favorable. Consequently, the Exchange believes that the degree to which IEX fees could impose any burden on competition is extremely limited and does not believe that such fees would burden competition between Members or competing venues. Moreover, as noted in the Statutory Basis section, the Exchange does not believe that the proposed changes raise any new or novel issues not already considered by the Commission.</P>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because, while different rebates and fees are assessed on Members, these rebate and fee tiers are not based on the type of Member entering the orders that match, but rather on the Member's own trading activity. Further, the proposed fee changes continue to be intended to encourage market participants to bring increased order flow to the Exchange, which benefits all market participants.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>Written comments were neither solicited nor received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) 
                    <SU>24</SU>
                    <FTREF/>
                     of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <P>
                    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 
                    <SU>25</SU>
                    <FTREF/>
                     of the Act to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include File Number SR-IEX-2025-24 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-IEX-2025-24. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-IEX-2025-24 and should be submitted on or before October 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>26</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>26</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18041 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="45075"/>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103972; File No. SR-CboeBZX-2025-104]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of Amendment No. 3 to a Proposed Rule Change To Amend Rule 14.11(e)(4) To Permit the Generic Listing and Trading of Commodity-Based Trust Shares That Meet the Requirements Set Forth in Proposed Rule 14.11(e)(4)</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    On July 30, 2025, Cboe BZX Exchange, Inc. (“Exchange” or “BZX”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act” or “Exchange Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change to amend BZX Rule 14.11(e)(4) to permit the generic listing and trading of Commodity-Based Trust Shares that meet the requirements set forth in proposed BZX Rule 14.11(e)(4). The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on August 4, 2025.
                    <SU>3</SU>
                    <FTREF/>
                     On August 27, 2025, the Exchange filed Amendment No. 2 to the proposed rule change, which replaced and superseded the proposed rule change in its entirety.
                    <SU>4</SU>
                    <FTREF/>
                     On September 4, 2025, the Exchange filed Amendment No. 3 to the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. Amendment No. 3 replaces and supersedes the proposed rule change, as modified by Amendment No. 2. The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Amendment No. 3, from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 103594 (July 30, 2025), 90 FR 36496. Comments received on the proposed rule change are available at: 
                        <E T="03">https://www.sec.gov/comments/sr-cboebzx-2025-104/srcboebzx2025104.htm</E>
                        .
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         On August 26, 2025, the Exchange filed Amendment No. 1 to the proposed rule change and on August 27, 2025, the Exchange withdrew Amendment No. 1.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>Cboe BZX Exchange, Inc. (“BZX” or the “Exchange”) is filing with the Securities and Exchange Commission (“Commission” or “SEC”) a proposed rule change to amend Rule 14.11(e)(4) to permit the generic listing and trading of Commodity-Based Trust Shares that meet the requirements set forth in proposed Rule 14.11(e)(4). The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/</E>
                    ) and at the Exchange's Office of the Secretary.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>This Amendment No. 3 to SR-CboeBZX-2025-104 amends and replaces in its entirety the proposal as originally submitted on July 30, 2025 and as amended by Amendment No. 1 on August 26, 2025 and Amendment No. 2 on August 27, 2025. The Exchange submits this Amendment No. 3 in order to clarify certain points and add additional details to the proposal.</P>
                <P>
                    The Exchange adopted rules to list and trade Commodity-Based Trust Shares under Rule 14.11(e) in 2013.
                    <SU>5</SU>
                    <FTREF/>
                     The Exchange now proposes to amend Rule 14.11(e)(4) for the purpose of permitting the generic listing and trading, or trading pursuant to unlisted trading privileges, of Commodity-Based Trust Shares that meet the amended requirements of Rule 14.11(e)(4) as set forth below.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act No. 70250 (August 29, 2013) 78 FR 53510 (SR-BATS-2013-038) (Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, To Adopt Listing Standards for Certain Securities).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         As discussed further below, the Exchange may submit a rule filing pursuant to Section 19(b) of the Exchange Act to permit the listing and trading of Commodity-Based Trust Shares that do not meet the proposed generic listing requirements on an initial or continuing basis.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Proposed Listing Rules</HD>
                <P>
                    Rule 14.11(e)(4)(A) currently provides that the Exchange will consider for trading, whether by listing or pursuant to unlisted trading privileges, Commodity-Based Trust Shares that meet the criteria of Rule 14.11(e)(4), however the Exchange will file separate proposals under Section 19(b) of the Act before listing Commodity-Based Trust Shares. The Exchange proposes to amend Rule 14.11(e)(4)(A) to provide that the Exchange will consider for trading, whether by listing or pursuant to unlisted trading privileges, Commodity-Based Trust Shares that meet the criteria of proposed Rule 14.11(e)(4). The Exchange may list and trade Commodity-Based Trust Shares pursuant to Rule 19b-4(e) under the Exchange Act or may submit a rule filing pursuant to Section 19(b) of the Exchange Act to permit the listing and trading of Commodity-Based Trust Shares that do not meet the standards set forth in this proposed Rule 14.11(e)(4) on an initial or continuing basis.
                    <SU>7</SU>
                    <FTREF/>
                     All statements or representations contained in such rule filing regarding (1) the description of the index, portfolio or reference asset, (2) limitations on index, portfolio holdings or reference assets, or (3) the applicability of Exchange listing rules specified in such rule filing will constitute continued listing requirements. An issuer of a series of Commodity-Based Trust Shares must notify the Exchange of any failure to comply with such continued listing requirements. If Commodity-Based Trust Shares do not satisfy these requirements, the Exchange may suspend trading in the Trust shares and will initiate delisting proceedings pursuant to Rule 14.12.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Any current or future products listed pursuant to Exchange Rule 14.11(e)(4) would adhere to the requirements of proposed Rule 14.11(e)(4).
                    </P>
                </FTNT>
                <P>
                    Existing Rule 14.11(e)(4)(B) provides for the applicability of Rule 14.11(e)(4), and states that it is applicable only to Commodity-Based Trust Shares. Except to the extent inconsistent with Rule 14.11(e)(4), or unless the context otherwise requires, the provisions of the trust issued receipts rules, Bylaws, and all other rules and procedures of the Board of Directors shall be applicable to the trading on the Exchange of such securities. Commodity-Based Trust Shares are included within the definition of “security” or “securities” as such terms are used in the Rules of the Exchange. The Exchange proposes to modify the applicability provision under Rule 14.11(e)(4)(B) to remove the provisions that the trust issued receipt rules shall be applicable to the trading on the Exchange of Commodity-Based Trust Shares. As discussed further 
                    <PRTPAGE P="45076"/>
                    below, the proposal seeks to provide that Commodity-Based Trust Shares may be issued by diverse entity structures including trusts, limited liability companies, or other similar vehicles and acknowledges that these entities may hold diversified portfolios encompassing multiple commodities, Commodity-Based Assets (as defined in proposed Rule 14.11(e)(4)(C)(iii)), securities, cash, and Cash Equivalents (as defined in proposed Rule 14.11(e)(4)(C)(iv)). The Exchange further proposes to amend the applicability section to provide that Commodity-Based Trust Shares are included in the definition of “security” or “securities” as such terms are used in the Bylaws and Rules of the Exchange and are subject to the Exchange rules governing the trading of equity securities.
                </P>
                <P>Existing Rule 14.11(e)(4)(C) sets forth the definitions applicable to Rule 14.11(e)(4). The Exchange first proposes to amend the definition of Commodity-Based Trust Shares under Rule 14.11(e)(4)(C)(i) to provide that it means a security that:</P>
                <P>
                    (a) is issued by a trust, limited liability company, or other similar entity 
                    <SU>8</SU>
                    <FTREF/>
                     (“Trust”) that, if applicable, is operated by a registered commodity pool operator pursuant to the Commodity Exchange Act, and is not registered as an investment company pursuant to the Investment Company Act of 1940, or series or class thereof;
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         For example, a partnership may be considered an “other similar entity” under the proposed Rule.
                    </P>
                </FTNT>
                <P>(b) is designed to reflect the performance of one or more reference assets or an index of reference assets, less expenses and other liabilities;</P>
                <P>(c) in order to reflect the performance as provided in proposed Rule 14.11(e)(4)(C)(i)(b), is issued by a Trust that holds (1) one or more commodities or Commodity-Based Assets as defined in proposed Rule 14.11(e)(4)(C)(iii), as described below; and (2) in addition to such commodities or Commodity-Based Assets, may hold securities, cash, and Cash Equivalents;</P>
                <P>(d) is issued by a Trust in a specified aggregate minimum number in return for a deposit of (1) a specified quantity of the underlying commodities, Commodity-Based Assets, securities, cash, and Cash Equivalents, or (2) a cash amount with a value based on the next determined Net Asset Value per Trust share; and</P>
                <P>(e) when aggregated in the same specified minimum number, may be redeemed at a holder's request by such Trust which will deliver to the redeeming holder (1) the specified quantity of the underlying commodities, Commodity-Based Assets and securities, cash and Cash Equivalents or (2) a cash amount with a value based on the next determined Net Asset Value per Trust share.</P>
                <P>The Exchange proposes to amend the definition of Commodity provided under Rule 14.11(e)(4)(C)(ii), to provide that the term “Commodity” is as defined in Section 1a(9) of the Commodity Exchange Act that is not an “excluded commodity” as defined in Section 1a(19) of the Commodity Exchange Act.</P>
                <P>The Exchange also proposes to adopt new definitions under proposed Rules 14.11(e)(4)(C)(iii) through (x).</P>
                <P>Proposed 14.11(e)(4)(C)(iii) would provide that the term “Commodity-Based Asset” means a future, option or swap on a commodity as defined in proposed Rule 14.11(e)(4)(C)(ii).</P>
                <P>Proposed 14.11(e)(4)(C)(iv) would provide that the term “Cash Equivalent” means short-term instruments with maturities of less than three months as follows: (a) U.S. Government securities, including bills, notes and bonds differing as to maturity and rates of interest, which are either issued or guaranteed by the U.S. Treasury or by U.S. Government agencies or instrumentalities; (b) certificates of deposit issued against funds deposited in a bank or savings and loan association; (c) bankers' acceptances, which are short-term credit instruments used to finance commercial transactions; (d) repurchase agreements and reverse repurchase agreements; (e) bank time deposits, which are monies kept on deposit with banks or savings and loan associations for a stated period of time at a fixed rate of interest; (f) commercial paper, which are short-term unsecured promissory notes; and (g) money market funds.</P>
                <P>Proposed 14.11(e)(4)(C)(v) would provide that the term “Net Asset Value” means the value of Commodity-Based Trust Shares that is used in computing periodically the current price for the purpose of creation and redemption of Trust shares and is an amount which reflects the current market value of the assets held by the Trust less expenses and liabilities.</P>
                <P>Proposed 14.11(e)(4)(C)(vi) would provide that the term “Designated Contract Market” means a board of trade or exchange that has been designated as a contract market under Section 5 of the Commodity Exchange Act and operates under the regulatory oversight of the Commodity Futures Trading Commission, pursuant to Section 5 of the Commodity Exchange Act.</P>
                <P>Proposed Rule 14.11(e)(4)(C)(vii) would provide that the term “Exchange-Traded Fund” means an open-end management investment company or a unit investment trust as defined in Section 4(2) of the Investment Company Act of 1940 or series or class thereof, the shares of which are listed and traded on a national securities exchange, and that has formed and operates under an exemptive order under the Investment Company Act of 1940 or in reliance on an exemptive rule adopted by the Securities and Exchange Commission.</P>
                <P>Proposed Rule 14.11(e)(4)(C)(viii) would provide that the term “Intraday Indicative Value” means the estimated indicative value of a Trust share based on current information regarding the value of the Trust's underlying assets.</P>
                <P>Proposed Rule 14.11(e)(4)(C)(ix) would provide that the term “Market Price” means: (a) the official closing price of a Trust share; or (b) if it more accurately reflects the market value of a Trust share at the time as of which the trust calculates current Net Asset Value per share, the price that is the midpoint between the national best bid and national best offer as of that time.</P>
                <P>Proposed Rule 14.11(e)(4)(C)(x) would provide that the term “Premium or Discount” means the positive or negative difference between the Market Price of a Trust share at the time as of which the current Net Asset Value is calculated and the Trust's current Net Asset Value per share, expressed as a percentage of the Trust share's current Net Asset Value per share.</P>
                <P>
                    Existing Rule 14.11(e)(4)(D) currently provides for the Designation of an Underlying Commodity and provides that the Exchange may trade, either by listing or pursuant to unlisted trading privileges, Commodity-Based Trust Shares based on an underlying commodity. Each issue of a Commodity-Based Trust Share shall be designated as a separate series and shall be identified by a unique symbol. The Exchange proposes to replace Rule 14.11(e)(4)(D) to instead provide initial and, except for proposed Rule 14.11(e)(4)(D)(i)(c) discussed below, continued listing eligibility criteria for Commodity-Based Trust Shares. Specifically, as proposed, each commodity or commodity that underlies a Commodity-Based Asset held by the trust must meet at least one of the following three criteria on an initial and, except for proposed Rule 14.11(e)(4)(D)(i)(c), continuing basis.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Following Commission approval of these proposed generic listing standards, the Exchange will submit a separate proposal for an additional quantitative generic listing standard.
                    </P>
                </FTNT>
                <P>
                    Proposed Rule 14.11(e)(4)(D)(i)(a) provides the first criteria, which states that the commodity trades on a market 
                    <PRTPAGE P="45077"/>
                    that is an Intermarket Surveillance Group (“ISG”) member, provided that the Exchange may obtain information about trading in such commodity from the ISG member. This proposed criteria establishes a conditional framework that extends to any commodity traded on individual foreign or domestic markets, contingent upon two essential requirements: the market must maintain ISG membership status,
                    <SU>10</SU>
                    <FTREF/>
                     and the Exchange must retain the ability to access trading information for the relevant commodity through the ISG relationship.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         For a list of the current members of ISG, 
                        <E T="03">see www.isgportal.com</E>
                        .
                    </P>
                </FTNT>
                <P>Proposed Rule 14.11(e)(4)(D)(i)(b) provides the second criteria, which states that the commodity underlies a futures contract that has been made available to trade on a Designated Contract Market for at least six months, provided that the Exchange has a comprehensive surveillance sharing agreement, whether directly or through common membership in ISG, with such Designated Contract Market. The six-month requirement commences from the futures contract's initial listing date on the Designated Contract Market.</P>
                <P>
                    Proposed Rule 14.11(e)(4)(D)(i)(c) provides the third criteria, which states that an Exchange-Traded Fund designed to provide economic exposure of no less than 40% of its Net Asset Value to the relevant commodity lists and trades on a national securities exchange.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         As provided in proposed Rule 14.11(e)(4)(D), the proposed criteria shall only be applicable on an initial listing basis.
                    </P>
                </FTNT>
                <P>
                    In addition to the above, Rule 14.11(e)(4)(D)(ii) provides that each security held by the Trust shall meet the criteria of Exchange Rule 14.11(i) (Managed Fund Shares), paragraphs (4)(C)(i) and (ii),
                    <SU>12</SU>
                    <FTREF/>
                     or if the security is a listed option, trades on an ISG market.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         Rule 14.11(i)(4)(C)(i) sets forth the requirements for equity component securities for Managed Fund Shares and Rule 14.11(i)(4)(C)(ii) sets forth the requirements for fixed income component securities for Managed Fund Shares.
                    </P>
                </FTNT>
                <P>The Exchange proposes to adopt Rule 14.11(e)(4)(E) to address disclosed information by the Trust. Specifically, the Rule would require the Trust to disclose prominently on its website, which is publicly available and free of charge, the following information:</P>
                <P>(i) Before the opening of regular trading on the Exchange, for the Trust's commodities, Commodity-Based Assets, securities, cash and Cash Equivalent, to the extent applicable: (a) ticker symbol; (b) identifier; (c) description of the holding; (d) the quantity of each commodity, Commodity-Based Asset, security, cash, and Cash Equivalent held; and (e) the percentage weighting of the Trust's assets.</P>
                <P>(ii) The Trust's current Net Asset Value per share, Market Price, and Premium or Discount, each as of the end of the prior business day;</P>
                <P>(iii) A table showing the number of days the Trust's shares traded at a Premium or Discount during the most recently completed calendar year and the most recently completed calendar quarters since that year (or the life of the Trust, if shorter);</P>
                <P>(iv) A line graph showing the Trust share's Premiums or Discounts for the most recently completed calendar year and the most recently completed calendar quarters since that year (or the life of the Trust, if shorter);</P>
                <P>(v) The Trust share's median-ask spread, expressed as a percentage rounded to the nearest hundredth, computed by: (a) identifying the Trust share's national best bid and national best offer as of the end of each 10-second interval during each trading day of the last 30 calendar days; (b) dividing the difference between each such bid and offer by the midpoint of the national best bid and national best offer; and (c) identifying the median of those values.</P>
                <P>(vi) Liquidity risk policies and procedures as described in proposed paragraph (G) of Rule 14.11(e)(4) as further explained below;</P>
                <P>(vii) The Trust's methodology for the calculation of its Net Asset Value;</P>
                <P>(viii) The Trust's trading volume for the previous day; and</P>
                <P>(ix) The Trust's effective prospectus, in a form available for download.</P>
                <P>This comprehensive website disclosure requirement provides substantial benefits for market transparency, investor protection, and market efficiency by creating a centralized, accessible information hub that addresses the unique challenges of Commodity-Based Trust Shares.</P>
                <P>Proposed Rule 14.11(e)(4)(F) generally prohibits a leveraged or inversed series of Commodity-Based Trust Shares to be listed generically on the Exchange. Specifically, the proposed Rule provides that the Trust may not seek, directly or indirectly, to provide investment returns that correspond to the performance of an index, benchmark, or reference value by a specified multiple, or to provide investment returns that have an inverse or multiple inverse relationship to the performance of an index, benchmark, or reference value, over a predetermined period of time.</P>
                <P>
                    Proposed Rule 14.11(e)(4)(G) provides for liquidity risk policies and procedures. If a Trust has on a daily basis less than 85% of its assets readily available to meet redemption requests, the Trust must have written liquidity risk policies and procedures reasonably designed to address the risk that it could not meet requests to redeem shares issued by the Trust without significant dilution of remaining shareholders' interest in the Trust. Such policies and procedures must be periodically reviewed (with such review occurring no less frequently than annually) by the Trust. For purposes of this Rule 14.11(e)(4), an asset is deemed not readily available to meet redemption requests if it is segregated, pledged, hypothecated, encumbered or otherwise restricted or prevented from being liquidated, sold, transferred, or assigned within one business day.
                    <SU>13</SU>
                    <FTREF/>
                     The policies and procedures must address the following, as applicable:
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Proposed Rule 14.11(e)(4)(G) would apply, for example, in situations such as where assets held by the Trust are crypto assets and are subject to protocol staking. Specifically, to the extent that the Trust stakes more than 15% of its assets, the Trust will be required to comply with the liquidity risk policies and procedures as provided under proposed Rule 14.11(e)(4)(G).
                    </P>
                </FTNT>
                <P>(i) The Trust's investment strategy and liquidity of the Trust's assets during normal and stressed conditions, including holdings in derivatives and whether the investment strategy is appropriate for effective and efficient arbitrage;</P>
                <P>(ii) Holdings of cash and Cash Equivalents, as well as borrowing arrangements and other funding sources; and</P>
                <P>
                    (iii) Percentage and description 
                    <SU>14</SU>
                    <FTREF/>
                     of the Trust's assets that are segregated, pledged, hypothecated, encumbered, or otherwise restricted or prevented from being liquidated, sold, transferred or assigned.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         For example, for crypto ETPs that have staked assets, this would describe the asset that is staked and the percentage.
                    </P>
                </FTNT>
                <P>
                    Current Rule 14.11(e)(4)(E) provides for the initial and continued listing standards for Commodity-Based Trust Shares. The Exchange proposes to bifurcate the initial listing standards from the continued listing standards under proposed Rules 14.11(e)(4)(H) and (I), respectively. Proposed Rule 14.11(e)(4)(H) provides that Commodity-Based Trust Shares that meet the following initial criteria will be listed and traded on the Exchange subject to the application of the following criteria. Proposed Rule 14.11(e)(4)(H)(i) would state that the Exchange will establish a minimum number of Commodity-Based Trust Shares required to be outstanding at the time of commencement of trading on the Exchange. Proposed Rule 14.11(e)(4)(H)(ii) would state that all Commodity-Based Trust Shares shall 
                    <PRTPAGE P="45078"/>
                    have a stated investment objective, which shall be adhered to under normal market conditions.
                </P>
                <P>The current continued listing requirements for Commodity-Based Trust Shares provide that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if certain enumerated circumstances are met. The Exchange proposes to modify this requirement under proposed Rule 14.11(e)(4)(I) to codify that the Exchange will maintain surveillance procedures for Trust shares listed under Rule 14.11(e)(4). The Exchange also proposes to amend and renumber the enumerated criteria as follows.</P>
                <P>Proposed Rule 14.11(e)(4)(I)(i) is substantively identical to existing Rule 14.11(e)(4)(E)(ii)(a), which provides that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if following the initial 12 month period following commencement of trading on the Exchange, the Trust has more than 60 days remaining until termination and there are fewer than 50 record and/or beneficial holders of Commodity-Based Trust Shares for 30 or more consecutive trading days.</P>
                <P>Proposed Rule 14.11(e)(4)(I)(ii) maintains the same substantive content as the current Rule 14.11(e)(4)(E)(ii)(b), with the Exchange making a clarifying modification to replace “receipts” with “shares” for improved terminology. Proposed Rule 14.11(e)(4)(I)(ii) provides that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if following the initial 12 month period following commencement of trading on the Exchange, the Trust has fewer than 50,000 shares issued and outstanding.</P>
                <P>Proposed Rule 14.11(e)(4)(I)(iii) maintains substantive equivalence with existing Rule 14.11(e)(4)(E)(ii)(c), incorporating two Exchange clarifications: the terminological improvement of replacing “receipts” with “shares” and the explicit specification that this provision applies to Commodity-Based Trust Shares trading on the Exchange. Proposed Rule 14.11(e)(4)(I)(iii) provides that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if following the initial 12 month period following commencement of trading on the Exchange of Commodity-Based Trust Shares, the market value of all shares issued and outstanding is less than $1,000,000.</P>
                <P>Existing Rule 14.11(e)(4)(E)(ii)(d) provides that the Exchange will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if an interruption to the dissemination of the value of the underlying commodity persists past the trading day in which it occurred or is no longer calculated or available on at least a 15-second delayed basis from a source unaffiliated with the sponsor, Trust, custodian or the Exchange or the Exchange stops providing a hyperlink on its website to any such unaffiliated commodity value. The Exchange proposes to change the continued listing requirement under proposed Rule 14.11(e)(4)(I)(iv) to provide that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 when the interruption to the dissemination of the value of the underlying reference asset(s) or index persists past the trading day in which it occurred or is no longer calculated or made widely available on at least a 15-second delayed basis from a source unaffiliated with the sponsor, Trust, custodian or the Exchange or the Exchange stops providing a hyperlink on its website to any such unaffiliated commodity value.</P>
                <P>
                    Existing Rule 14.11(e)(4)(E)(ii)(e) provides the Exchange will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if an interruption to the dissemination of the Intraday Indicative Value persists past the trading day in which it occurred or is no longer made available on at least a 15-second delayed basis. The Exchange proposes to reword the continued listing requirement under proposed Rule 14.11(e)(4)(I)(v) to provide that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 when the interruption to the dissemination of the Intraday Indicative Value persists past the trading day in which it occurred or is no longer made widely available on at least a 15-second delayed basis during Regular Trading Hours.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 1.5(w).
                    </P>
                </FTNT>
                <P>The Exchange proposes to adopt Rule 14.11(e)(4)(I)(vi) which provides that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if the Net Asset Value is not calculated at least once daily or made widely available to all market participants at the same time.</P>
                <P>The Exchange also proposes to adopt Rule 14.11(e)(4)(I)(vii) which provides that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if the information as set forth in proposed Rule 14.11(e)(4) is no longer being disclosed in accordance with the requirements of proposed Rule 14.11(e)(4)(E), discussed above.</P>
                <P>Proposed Rule 14.11(e)(4)(I)(viii) is substantively identical to existing Rule 14.11(e)(4)(E)(ii)(f) except that the Exchange proposes to add clarifying changes so that the rule provides that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if any of the other requirements set forth in Rule 14.11(e)(4) are not continuously maintained.</P>
                <P>The Exchange proposes to delete existing Rule 14.11(e)(4)(g) as it duplicative of the requirements set forth in proposed Rule 14.11(e)(4)(I)(viii).</P>
                <P>The Exchange proposes to adopt Rule 14.11(e)(4)(I)(ix) which provides that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if the Exchange submits a rule filing pursuant to Section 19(b) of the Exchange Act to permit the listing and trading of Commodity-Based Trust Shares that do not otherwise meet the standards set forth in this proposed Rule 14.11(e)(4) and any of the statements or representations regarding (a) the description of the index, portfolio, or reference asset; (b) limitations on the index, portfolio holdings, or reference assets, or (c) the applicability of Exchange listing rules specified in such rule filing are not continuously maintained.</P>
                <P>
                    Proposed Rule 14.11(e)(4)(I)(x) is substantively identical to existing Rule 14.11(e)(4)(E)(ii)(h) and provides that the Exchange will consider the suspension of trading in and will commence delisting proceedings for a series of Commodity-Based Trust Shares pursuant to Rule 14.12 if such other event shall occur or condition exists which in the opinion of the Exchange makes further dealings on the Exchange inadvisable. Upon termination of a Trust, the Exchange requires that 
                    <PRTPAGE P="45079"/>
                    Commodity-Based Trust Shares issued in connection with such Trust be removed from Exchange listing. A Trust may terminate in accordance with the provisions of the Trust prospectus, which may provide for termination if the value of the Trust falls below a specified amount.
                </P>
                <P>The Exchange proposes to adopt Rule 14.11(e)(4)(J) which provides for Trading Halts in Commodity-Based Trust Shares. Under proposed Rule 14.11(e)(4)(J)(i) the Exchange may halt trading during the day in which the interruption to the following occurs. If the interruption persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. If Commodity-Based Trust Shares are trading on the Exchange pursuant to unlisted trading privileges, the Exchange will halt trading as specified in Rule 11.18. Specifically, the Exchange may halt if: (a) the value of the underlying reference asset(s) or index is not made widely available on at least a 15-second basis from a source unaffiliated with the sponsor or the Trust; (b) the Intraday Indicative Value is not made widely available to all market participants at the same time on at least a 15-second basis during Regular Trading Hours; or (c) the information as set forth in this proposed Rule 14.11(e)(4) is not being disclosed in accordance with the requirement of proposed paragraph (E) above.</P>
                <P>Proposed Rule 14.11(e)(4)(J)(ii) further provides that if the Exchange becomes aware that the Net Asset Value is not disseminated to all market participants at the same time, it will halt trading in the Commodity-Based Trust Shares until such time as the Net Asset Value is available to all market participants.</P>
                <P>Proposed Rule 14.11(e)(4)(J)(iii) provides that the Exchange may also exercise discretion to halt trading in a Series of Commodity-Based Trust Shares based on a consideration of the following factors: (A) the extent to which trading has ceased in underlying Commodity(s) or Commodity-Based Assets comprising the index or portfolio, (B) in the event of national, regional, or localized disruption that necessitates a trading halt to maintain a fair and orderly market, or (C) the presence of other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market.</P>
                <P>The Exchange proposes to delete existing Rule 14.11(e)(4)(E)(iii) through (v), which provides for initial and continued listing standards related to the term of the trust, the trustee requirements, and voting rights.</P>
                <P>The Exchange proposes to re-letter Rule 14.11(e)(4)(F) to 14.11(e)(4)(K). Proposed Rule 14.11(e)(4)(K) provides for limited liability of the Exchange in certain circumstances and is substantively identical to existing Rule 14.11(e)(4)(F), with a conforming change to reflect that the Trust may hold multiple commodities.</P>
                <P>
                    The Exchange proposes to amend Rule 14.11(e)(4)(G) and re-letter as Rule 14.11(e)(4)(L), which generally provides that a registered Market Maker in Commodity-Based Trust Shares must file with the Exchange in a manner prescribed by the Exchange and keep current a list identifying all accounts for trading in certain related instruments. Proposed Rule 14.11(e)(4)(L) states that a registered Market Maker in Commodity-Based Trust Shares must file with the Exchange in a manner prescribed by the Exchange and keep current a list identifying all accounts for trading in each underlying commodity and Commodity-Based Asset which the registered Market Maker may have or over which it may exercise investment discretion. No registered Market Maker in Commodity-Based Trust Shares shall trade in an underlying commodity, Commodity-Based Asset or any other related commodity derivative thereon in an account in which a registered Market Maker (1) directly or indirectly controls trading activities or has a direct interest in the profits or losses thereof, (2) is required by this rule to disclose to the Exchange, and (3) has not been reported to the Exchange. In addition to the existing obligations under Exchange rules regarding the production of books and records (see, 
                    <E T="03">e.g.,</E>
                     Rule 4.2), the registered Market Maker in Commodity-Based Trust Shares shall make available to the Exchange such books, records or other information pertaining to transactions by such entity or registered or non-registered employee affiliated with such entity for its or their own accounts for trading the underlying physical commodity or Commodity-Based Asset or applicable derivatives of each of the foregoing, as may be requested by the Exchange.
                </P>
                <P>The Exchange proposes to adopt Rule 14.11(e)(4)(M) which would provide for firewall requirements for Commodity-Based Trust Shares. Proposed Rule 14.11(e)(4)(M)(i) provides that if the value of a Commodity-Based Trust Shares is based in whole or in part on an index that is maintained by a broker-dealer, the broker-dealer shall erect and maintain a “firewall” around the personnel responsible for maintenance of such index or who have access to information concerning changes and adjustments to the index.</P>
                <P>Proposed Rule 14.11(e)(4)(M)(ii) provides that any advisory committee, supervisory board, or similar entity that advises an index licensor or administrator or that makes decisions regarding the index composition, methodology, and related matters must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material, non-public information regarding the applicable index.</P>
                <P>Proposed Rule 14.11(e)(4)(M)(iii) provides that if the Trust is affiliated with an entity that has the ability to influence the price or supply of a commodity, or a commodity underlying a Commodity-Based Asset, held by the Trust, the Trust shall (a) implement and maintain a “firewall” between any such entity and the Trust, (b) have written policies and procedures designed to prevent the use and dissemination of material, non-public information regarding the Trust, and (c) have written policies and procedures designed to prevent fraudulent, deceptive or manipulative acts, practices, or courses of business with respect to the Trust and such commodity.</P>
                <P>
                    Last, the Exchange proposes to delete the existing language of Interpretation and Policy .01 to Rule 14.11(e)(4) which provides that a Commodity-Based Trust Share is a Trust Issued Receipt that holds a specified commodity deposited with the Trust. The Exchange proposes to replace the deleted text to provide that an issue of Commodity-Based Trust Shares must notify the Exchange of any failure to comply with the continued listing requirements. The Exchange proposes no change to existing Interpretation and Policies .02 and .03 of Rule 14.11(e)(4). Specifically, Interpretation and Policy .02 to Rule 14.11(e)(4) states that the Exchange requires that Members provide all purchasers of newly issued Commodity-Based Trust Shares a prospectus for the series of Commodity-Based Trust Shares. Interpretation and Policy .03 to Rule 14.11(e)(4) states that transactions in Commodity-Based Trust Shares will occur during Regular Trading Hours 
                    <SU>16</SU>
                    <FTREF/>
                     and the Early Trading,
                    <SU>17</SU>
                    <FTREF/>
                     Pre-Opening 
                    <SU>18</SU>
                    <FTREF/>
                     and After Hours Trading Sessions.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 1.5(w).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 1.5(ff).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 1.5(r).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 1.5(c).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations 
                    <PRTPAGE P="45080"/>
                    thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>20</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>21</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>22</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed amendments to Rule 14.11(e)(4) are designed to prevent fraudulent and manipulative acts and practices in that the proposed amended rules relating to listing and trading Commodity-Based Trust Shares on the Exchange provide specific initial and continued listing criteria required to be met by such securities. The proposed Rules set forth initial and continued listing criteria applicable to Commodity-Based Trust Shares, and proposed Rule 14.11(e)(4)(A) specifically provides that the Exchange may approve a series of Commodity-Based Trust Shares for listing and trading (including pursuant to unlisted trading privileges) on the Exchange pursuant to Rule 19b-4(e) under the Act, provided such series of Commodity-Based Trust Shares meet the standards set forth in proposed Rule 14.11(e)(4) on an initial or continuing basis. The Exchange will submit a Form 19b-4(e) for all series of Commodity-Based Trust Shares upon being listed pursuant to proposed Rule 14.11(e)(4). Furthermore, the Exchange may submit a rule filing pursuant to Section 19(b) of the Exchange Act to permit the listing and trading of Commodity-Based Trust Shares that do not meet the proposed generic listing requirements on an initial or continuing basis under proposed Rule 14.11(e)(4)(A). By allowing rule filings for Commodity-Based Trust Shares that don't meet generic requirements, the Exchange maintains flexibility to seek approval from the Commission to list innovative products that may still serve investor interests and market efficiency, even if they don't meet the proposed standards.</P>
                <P>The Exchange believes the proposed changes to Rule 14.11(e)(4)(B) and (C) will remove market impediments and enhance the national market system by clarifying the Rule's applicability and providing clear definitions.</P>
                <P>
                    The Exchange believes that the eligibility criteria under proposed Rule 14.11(e)(4)(D) to list and trade a series of Commodity-Based Trust Shares is consistent with the Act. In particular, the criteria under proposed Rule 14.11(e)(4)(D)(i)(a) aligns with the requirement under Section 6(b)(5) of the Act that requires rules that promote “just and equitable principles of trade” by ensuring surveillance capabilities of the underlying commodity through established ISG relationships. The ISG framework has been repeatedly recognized by the Commission as providing adequate surveillance for commodity-based products, creating regulatory consistency with existing approved ETPs.
                    <SU>23</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See e.g.,</E>
                         Securities Exchange Act Nos. 99306 (January 10, 2024), 89 FR 3008 (January 17, 2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To List and Trade Bitcoin-Based Commodity-Based Trust Shares and Trust Units) (the “Spot Bitcoin ETP Approval Order”); 100224 (May 23, 2024), 89 FR 46937 (May 30, 2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To List and Trade Shares of Ether-Based Exchange-Traded Products) (the “Spot ETH ETP Approval Order”).
                    </P>
                </FTNT>
                <P>The six-month trading criteria on Designated Contract Markets (“DCMs”) with comprehensive surveillance sharing agreements as provided under proposed Rule14.11(e)(4)(D)(i)(b) ensures that there is a developed regulated futures market which addresses fraud and manipulation.</P>
                <P>The criteria under proposed Rule14.11(e)(4)(D)(i)(c) aligns products that may be listed generically under Rule 6c-11 of the Investment Company Act of 1940 and Rule 14.11(l) with the generic listing requirements for Commodity-Based Trust Shares thereby removing impediments to and perfecting the mechanism of a free and open market.</P>
                <P>
                    The requirement that each security held by the Trust meets the criteria applicable to Managed Fund Shares,
                    <SU>24</SU>
                    <FTREF/>
                     or if the security is a listed option, trades on an ISG market,
                    <SU>25</SU>
                    <FTREF/>
                     is consistent with Section 6(b)(5) because these provisions prevent fraudulent and manipulative acts through substantial market capitalization thresholds, minimum trading volume requirements, concentration limits restricting single holdings of portfolio weight, and diversification mandates that ensure adequate liquidity and prevent over-concentration. The criteria promote just and equitable principles of trade by requiring securities to be listed on national securities exchanges, qualify as NMS Stocks under Regulation NMS, and meet established reporting and transparency standards, while fostering cooperation with regulatory entities through existing exchange surveillance mechanisms and national market system infrastructure. These comprehensive safeguards remove market impediments by establishing clear, objective standards that provide market certainty while maintaining the market integrity and investor protection characteristics mandated by Section 6(b)(5) through proven regulatory frameworks adapted to Commodity-Based Trust Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         Exchange Rules 14.11(i)(4)(C)(i) and (ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See</E>
                         proposed Exchange Rule 14.11(e)(4)(D)(ii).
                    </P>
                </FTNT>
                <P>Requiring the Trust to publicly disclose this comprehensive information under proposed Rule 14.11(e)(4)(E) is consistent with the Act by ensuring all market participants have equal access to critical information needed for informed investment decisions, including real-time portfolio composition, NAV calculations, and trading metrics that enable investors to assess fair value and market efficiency.</P>
                <P>The Exchange believes proposed Rule 14.11(e)(4)(F) adds clarity to the Exchange's Rules by explicitly stating that the Trust may not provide investment returns that correspond to inverse or leveraged performance of an index, benchmark, or reference value under the proposed generic listing standards.</P>
                <P>
                    The liquidity risk policies and procedures requirement under proposed Rule 14.11(e)(4)(G) is consistent with the Act because it provides information to investors that Trusts with significant illiquid holdings maintain comprehensive risk management frameworks relating to situations where redemption requests cannot be met without harming remaining shareholders, thereby protecting investors from potential dilution or unfair treatment that could result from liquidity mismatches. The requirement promotes just and equitable principles of trade by mandating transparency and systematic assessment of liquidity risks, ensuring that all shareholders are treated fairly during redemption processes and that the Trust maintains adequate procedures to manage both normal and stressed market conditions 
                    <PRTPAGE P="45081"/>
                    without disadvantaging any particular group of investors. These policies and procedures remove impediments to and perfect the mechanism of a free and open market by ensuring that ETPs maintain the operational integrity necessary for efficient arbitrage mechanisms and price discovery, as the requirement for readily available assets (85% threshold) and comprehensive liquidity planning aims to provide that authorized participants can effectively create and redeem shares to keep market prices aligned with Net Asset Value, which is fundamental to the proper functioning of exchange-traded products and the fair and orderly markets.
                </P>
                <P>The Exchange believes that proposed Rules 14.11(e)(4)(H) and (I) are designed to prevent fraudulent and manipulative acts and practices in that the proposed rules relating to listing and trading of Commodity-Based Trust Shares provide specific initial and continued listing criteria required to be met by such securities. These proposed rules are largely the same under existing Commodity-Based Trust Shares rules, but the proposed rules add additional clarity and guidance to Exchange Rules.</P>
                <P>The Exchange believes proposed Rule 14.11(e)(4)(J) is consistent with the Act because it provides the Exchange with discretion as to when trading may be halted during the day in which interruption to certain information becomes unavailable and specifically provides when the Exchange will halt on the day following the interruption if the interruption persists. Such halts may be necessary to prevent fraudulent and manipulative acts when critical pricing information becomes unavailable, ensuring that no market participants can exploit informational advantages while others lack access to essential valuation data.</P>
                <P>The Exchange believes that removing existing Rules 14.11(e)(4)(E)(iii), (iv), and (v), which establish continued listing standards for trust term, trustee requirements, and voting rights, aligns with the Act because these provisions are either inapplicable under the proposed rules or adequately addressed elsewhere. Trustee requirements may no longer be relevant since Commodity-Based Trust Shares can be issued by trusts, limited liability companies, or other similar entities. The term requirement is redundant because trust termination provisions are already comprehensively covered under proposed Rule 14.11(e)(4)(I)(x). Similarly, the voting rights provision is unnecessary since shareholder rights must be disclosed in the applicable trust prospectus pursuant to other securities laws.</P>
                <P>The Exchange considers the proposed amendments to the market maker accounts requirement under proposed Rule 14.11(e)(4)(L) to be reasonable and consistent with existing regulatory frameworks. Current Rule 14.11(e)(4)(G) establishes a comprehensive disclosure obligation requiring Market Makers to maintain and file updated lists of all accounts used for trading underlying commodities, related commodity futures, options on commodity futures, and other related commodity derivatives over which they maintain trading authority or investment discretion. The proposed amendments clarify these requirements to align with other proposed changes.</P>
                <P>
                    The Exchange believes the proposal to adopt firewall requirements for Commodity-Based Trust Shares, as provided under proposed Rule 14.11(e)(4)(M), are designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, and to protect investors and the public interest. The firewall requirements establish structural barriers against the use and dissemination of material, non-public information which could be used to manipulate a series of Commodity-Based Trust Shares. The consistency of the proposed firewall requirements with existing ETF Share firewall requirements promotes consistent and equitable standards across similar investment products.
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 14.11(l)(4)(a)(ii) and (iii).
                    </P>
                </FTNT>
                <P>The Exchange believes that deleting existing Interpretation and Policy .01 to Rule 14.11(e)(4) is necessary to align the rule text with the comprehensive structural changes proposed throughout the regulatory framework. The current interpretation reflects an outdated paradigm that narrowly characterizes Commodity-Based Trust Shares as Trust Issued Receipts backed exclusively by specified commodities held in deposit, which conflicts with the expanded definitional scope established under proposed Rule 14.11(e)(4)(C)(i). The proposed rule recognizes that Commodity-Based Trust Shares may be issued by diverse entity structures including trusts, limited liability companies, or other similar vehicles, and acknowledges that these entities may hold diversified portfolios encompassing multiple commodities, Commodity-Based Assets, securities, cash, and Cash Equivalents rather than single commodity deposits. The proposed replacement of Interpretation and Policy .01 strengthens the regulatory framework by requiring issuers of Commodity-Based Trust to notify the Exchange of any failure to comply with the continued listing requirements.</P>
                <P>The proposed rule change is designed to perfect the mechanism of a free and open market and, in general, to protect investors and the public interest in that it will facilitate the listing and trading of Commodity-Based Trust Shares in a manner that will enhance competition among market participants, to the benefit of investors and the marketplace. The Exchange believes that approval of this proposal will streamline current procedures, reduce the costs and timeline associated with bringing Commodity-Based Trust Shares to market, and provide significantly greater regulatory certainty to potential issuers considering bringing Commodity-Based Trust Shares to market, thereby enhancing competition among Commodity-Based Trust Shares issuers and reducing costs for investors</P>
                <P>For the above reasons, the Exchange believes that the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that the proposed rule change would enhance competition by streamlining current procedures, reducing the costs and timeline associated with bringing Commodity-Based Trust Shares to market, and providing significantly greater regulatory certainty to potential issuers considering bringing Commodity-Based Trust Shares to market, all of which the Exchange believes would enhance competition among Commodity-Based Trust Shares issuers and reduce costs for investors. The Exchange also believes that the proposed change would enhance competition among Commodity-Based Trust Shares by ensuring the application of uniform listing standards.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received written comment letters on this proposal.</P>
                <HD SOURCE="HD1">III. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule 
                    <PRTPAGE P="45082"/>
                    change, as modified by Amendment No. 3, is consistent with the Act. Comments may be submitted by any of the following methods:
                </P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeBZX-2025-104 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CboeBZX-2025-104. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeBZX-2025-104 and should be submitted on or before October 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>27</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>27</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18038 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE: </HD>
                    <P>Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission (SEC or Commission) will co-host a joint public roundtable with the Commodity Futures Trading Commission (CFTC) on September 29, 2025, from 1 p.m. to 5:30 p.m. (ET).</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE: </HD>
                    <P>The roundtable will be held in the Auditorium at the Commission's headquarters, 100 F Street NE, Washington, DC 20549.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS: </HD>
                    <P>
                        This Sunshine Act notice is being issued because a majority of the Commission may attend the meeting. The meeting will begin at 1 p.m. (ET) and will be open to the public. Seating will be on a first-come, first-served basis. Doors will open at 12 p.m. (ET). Visitors will be subject to security checks. The meeting will be webcast on the Commission's website at 
                        <E T="03">www.sec.gov,</E>
                         and a recording will be posted at a later date.
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED: </HD>
                    <P>The SEC will co-host a joint public roundtable with the CFTC on regulatory harmonization efforts. The roundtable is open to the public, who must register at this link. This Sunshine Act notice is being issued because a majority of the Commission may attend the roundtable.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION: </HD>
                    <P>For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.</P>
                    <P>
                        <E T="03">Authority:</E>
                         5 U.S.C. 552b.
                    </P>
                </PREAMHD>
                <SIG>
                    <DATED>Dated: September 16, 2025.</DATED>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18076 Filed 9-16-25; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103974; File No. SR-NYSEARCA-2025-54]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Amendment No. 1 to Proposed Rule Change To Adopt New Rule 8.201-E (Generic) for Commodity-Based Trust Shares</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    On July 30, 2025, NYSE Arca, Inc. (“Exchange” or “NYSE Arca”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act” or “Exchange Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change to adopt new Rule 8.201-E (Generic) to permit the generic listing and trading of Commodity-Based Trust Shares that meet the requirements of such rule. The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on August 4, 2025.
                    <SU>3</SU>
                    <FTREF/>
                     On September 4, 2025, the Exchange filed with the Commission Amendment No. 1 to the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. Amendment No. 1 replaces and supersedes the proposed rule change as originally filed. The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Amendment No. 1, from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 103598 (July 30, 2025), 90 FR 36485. Comments received on the proposed rule change are available at: 
                        <E T="03">https://www.sec.gov/comments/sr-nysearca-2025-54/srnysearca202554.htm</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange proposes new Rule 8.201-E (Generic) to permit the generic listing and trading of Commodity-Based Trust Shares that meet the requirements of such rule. This Amendment No. 1 to SR-NYSEARCA-2025-54 replaces SR-NYSEARCA-2025-54 as originally filed and supersedes such filing in its entirety. The proposed rule change is available on the Exchange's website at 
                    <E T="03">www.nyse.com</E>
                     and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes new Rule 8.201-E (Generic), which would permit the generic listing and trading of Commodity-Based Trust Shares that meet the requirements of the Rule. Current Rule 8.201-E would continue to provide for the listing and trading of series of Commodity-Based Trust Shares for which the Exchange would file separate proposals under Section 19(b) of the Act.
                    <SU>4</SU>
                    <FTREF/>
                     Consistent with other 
                    <PRTPAGE P="45083"/>
                    products that may currently list on the Exchange pursuant to generic listing standards (
                    <E T="03">e.g.,</E>
                     Investment Company Units listed pursuant to Rule 5.2-E(j)(3), Managed Fund Shares listed pursuant to Rule 8.600-E, and ETF Shares listed pursuant to Rule 5.2-E(j)(8)), the Exchange proposes that Commodity-Based Trust Shares that meet the requirements of proposed Rule 8.201-E (Generic) would be permitted to be listed and traded on the Exchange without prior Commission approval order or notice of effectiveness pursuant to Section 19(b) of the Act.
                    <SU>5</SU>
                    <FTREF/>
                     The Exchange believes that the proposed generic listing standards for Commodity-Based Trust Shares would facilitate the efficient listing of such products by significantly reducing the time frame and costs associated with bringing these securities to market, which would in turn promote market competition among issuers of such products, to the benefit of the investing public.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         To further distinguish current Rule 8.201-E from proposed Rule 8.201-E (Generic) and promote clarity in Exchange rules, the Exchange proposes to add a parenthetical to the title of Rule 8.201-E to designate it as applicable to non-generically listed series of Commodity-Based Trust Shares. The 
                        <PRTPAGE/>
                        Exchange also proposes non-substantive, conforming changes throughout current Rule 8.201-E to add references to its new title, Rule 8.201-E (Non-Generic), to ensure specificity and transparency in the rule text. The Exchange proposes to retain Rule 8.201-E (Non-Generic) to accommodate the existing products listed and traded under such rule that may not meet the requirements of proposed Rule 8.201-E (Generic), as well as to provide for the future listing and trading of products that do not meet the generic listing standards.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Rule 19b-4(e)(1) provides that the listing and trading of a new derivative securities product by a self-regulatory organization (“SRO”) is not deemed a proposed rule change, pursuant to paragraph (c)(1) of Rule 19b-4, if the Commission has approved, pursuant to Section 19(b) of the Act, the SRO's trading rules, procedures and listing standards for the product class that would include the new derivative securities product and the SRO has a surveillance program for the product class. As contemplated by proposed Rule 8.201-E (Generic), the Exchange proposes to establish generic listing standards for Commodity-Based Trust Shares that meet the criteria of the rule. Commodity-Based Trust Shares listed under proposed Rule 8.201-E (Generic) would therefore not need a separate proposed rule change pursuant to Rule 19b-4 before they could be listed and traded on the Exchange. Rule 19b-4(e) requires an SRO seeking to rely on Rule 19b-4(e) to file Form 19b-4(e) with the Commission within 5 business days after commencement of trading a new derivative securities product that is not deemed to be a proposed rule change.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Proposed Rule 8.201-E (Generic)</HD>
                <P>Proposed Rule 8.201-E(a) (Generic) would provide that the Exchange will consider for trading, whether by listing or pursuant to unlisted trading privileges, Commodity-Based Trust Shares that meet the criteria of this Rule and that the Exchange may list and/or trade Commodity-Based Trust Shares that meet the standards set forth in this Rule 8.201-E (Generic) pursuant to Rule 19b-4(e) under the Exchange Act. If a series of Commodity-Based Trust Shares listed pursuant to proposed Rule 8.201-E (Generic) does not satisfy these requirements, the Exchange may suspend trading in the shares and will initiate delisting proceedings pursuant to Rule 5.5-E(m).</P>
                <P>Proposed Rule 8.201-E(b) (Generic) would provide that Rule 8.201-E (Generic) is applicable only to Commodity-Based Trust Shares listed pursuant to this Rule. Except to the extent inconsistent with this Rule, or unless the context otherwise requires, the provisions of the Bylaws and all other rules and procedures of the Board of Directors shall be applicable to the trading on the Exchange of such securities. Commodity-Based Trust Shares are included within the definition of “security” or “securities” as such terms are used in the Bvlaws and Rules of the Exchange and are subject to the Exchange's existing rules governing the trading of equity securities.</P>
                <P>Proposed Rule 8.201-E(c) (Generic) would set forth definitions for purposes of Rule 8.201-E (Generic). Rule 8.201-E(c)(1) (Generic) would define Commodity-Based Trust Shares for purposes of Rule 8.201-E (Generic) as a security that:</P>
                <P>• Is issued by a trust, limited liability company, partnership, or other similar entity (“Trust”) that, if applicable, is operated by a registered commodity pool operator pursuant to the Commodity Exchange Act, and is not registered as an investment company pursuant to the Investment Company Act of 1940, or series or class thereof (proposed Rule 8.201-E(c)(1)(i) (Generic));</P>
                <P>• Is designed to reflect the performance of one or more reference assets or an index of reference assets, less expenses and other liabilities (proposed Rule 8.201-E(c)(1)(ii) (Generic));</P>
                <P>• In order to reflect the performance as provided in (c)(1)(ii) above, is issued by a Trust that holds (A) one or more commodities or commodity-based assets as defined in (c)(3) below, and (B) in addition to such commodities or commodity-based assets, may hold securities, cash, and cash equivalents (proposed Rule 8.201-E(c)(1)(iii) (Generic));</P>
                <P>• Is issued by a Trust in a specified aggregate minimum number in return for a deposit of (A) a specified quantity of the underlying commodities, commodity-based assets, securities, cash, and cash equivalents or (B) a cash amount with a value based on the next determined net asset value per Trust share (proposed Rule 8.201-E(c)(1)(iv) (Generic)); and</P>
                <P>• When aggregated in the same specified minimum number, may be redeemed at a holder's request by a Trust which will deliver to the redeeming holder (A) the specified quantity of the-underlying commodities, commodity-based assets, securities, cash, and cash equivalents or (B) a cash amount with a value based on the next determined net asset value per Trust share (proposed Rule 8.201-E(c)(1)(v) (Generic)).</P>
                <P>Proposed Rule 8.201-E(c)(2) (Generic) would define the term “commodity” to have the same meaning as set forth in Section 1a(9) of the Commodity Exchange Act and to exclude “excluded commodity” as defined in Section 1a(19) of the Commodity Exchange Act.</P>
                <P>Proposed Rule 8.201-E(c)(3) (Generic) would define the term “commodity-based asset” to mean a future, option, or swap on a commodity as defined in proposed Rule 8.201-E(c)(2) above.</P>
                <P>Proposed Rule 8.201-E(c)(4) (Generic) would define the term “cash equivalent.” The Exchange proposes that “cash equivalents” would refer to short-term instruments with maturities of less than three months and include the following, as defined in proposed Rules 8.201-E(c)(4)(i) (Generic) through (vii) (Generic):</P>
                <P>• U.S. Government securities, including bills, notes, and bonds differing as to maturity and rate of interest, which are either issued or guaranteed by the U.S. Treasury or by U.S. Government agencies or instrumentalities;</P>
                <P>• Certificates of deposit issued against funds deposited in a bank or savings and loan association;</P>
                <P>• Bankers' acceptances, which are short-term credit instruments used to finance commercial transactions;</P>
                <P>• Repurchase agreements and reverse repurchase agreements;</P>
                <P>• Bank time deposits, which are monies kept on deposit with banks or savings and loan associations for a stated period of time at a fixed rate of interest;</P>
                <P>• Commercial paper, which are short-term unsecured promissory notes; and</P>
                <P>• Money market funds.</P>
                <P>Proposed Rule 8.201-E(c)(5) (Generic) would define “net asset value” as an amount reflecting the current market value of the assets held by the Trust, less expenses and liabilities, used to periodically compute the current price for the purpose of creation and redemption of Trust shares.</P>
                <P>
                    Proposed Rule 8.201-E(c)(6) (Generic) would define “designated contract market” as a board of trade or exchange 
                    <PRTPAGE P="45084"/>
                    that has been designated as a contract market under Section 5 of the Commodity Exchange Act and operates under the regulatory oversight of the Commodity Futures Trading Commission, pursuant to Section 5 of the Commodity Exchange Act.
                </P>
                <P>Proposed Rule 8.201-E(c)(7) (Generic) would define “exchange-traded fund” as an open-end management investment company or a unit investment trust as defined in Section 4(2) of the Investment Company Act of 1940 or series or class thereof, the shares of which are listed and traded on a national securities exchange, and that has formed and operates under an exemptive order under the Investment Company Act of 1940 or in reliance on an exemptive rule adopted by the Securities and Exchange Commission.</P>
                <P>Proposed Rule 8.201-E(c)(8) (Generic) would define “indicative trust value” as the estimated indicative value of a Trust share based on current information regarding the value of the Trust's underlying assets.</P>
                <P>Proposed Rule 8.201-E(c)(9) (Generic) would define “market price” as the official closing price of a Trust share or, if it more accurately reflects the market value of a Trust share at the time as of which the Trust calculates current net asset value per share, the price that is the midpoint between the national best bid and national best offer as of that time.</P>
                <P>Proposed Rule 8.201-E(c)(10) (Generic) would define “premium or discount” as the positive or negative difference between the market price of a Trust share at the time as of which the current net asset value is calculated and the Trust's current net asset value per share, expressed as a percentage of the Trust share's current net asset value per share.</P>
                <P>Proposed Rule 8.201-E(d) (Generic) would set forth the eligibility criteria for the holdings of Commodity-Based Trust Shares listed pursuant to Rule 8.201-E (Generic). Proposed Rule 8.201-E(d)(1) (Generic) would provide for the following criteria, at least one of which must be met for each commodity or commodity that underlies a commodity-based asset held by a Trust:</P>
                <P>• On an initial and continuing basis, the commodity trades on a market that is an Intermarket Surveillance Group (“ISG”) member, provided that the Exchange may obtain information about trading in such commodity from the ISG member (proposed Rule 8.201-E(d)(1)(i) (Generic));</P>
                <P>
                    • On an initial and continuing basis, the commodity underlies a futures contract that has been made available to trade on a designated contract market for at least six months; 
                    <SU>6</SU>
                    <FTREF/>
                     provided that the Exchange has a comprehensive surveillance sharing agreement, whether directly or through common membership in ISG, with such designated contract market (proposed Rule 8.201-E(d)(1)(ii) (Generic)); or
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">I.e.,</E>
                         such futures contract has been listed and traded on a designated contract market for at least six months.
                    </P>
                </FTNT>
                <P>• On an initial basis, an exchange-traded fund designed to provide economic exposure of no less than 40% of its net asset value to the commodity lists and trades on a national securities exchange (proposed Rule 8.201-E(d)(1)(iii) (Generic)).</P>
                <P>Proposed Rule 8.201-E(d)(2) (Generic) would provide that, on an initial and continuing basis, each security held by the Trust shall meet the criteria of Rule 8.600-E (Managed Fund Shares), Commentary .01(a) and (b) or, if the security is a listed option, trades on an ISG market.</P>
                <P>Proposed Rule 8.201-E(e) (Generic) would set forth the information that the Trust must disclose prominently on its website, which must be publicly available free of charge:</P>
                <P>• Before the opening of regular trading on the Exchange, for the Trust's commodities, commodity-based assets, securities, cash and cash equivalent, to the extent applicable: (i) ticker symbol; (ii) identifier; (iii) description of the holding; (iv) the quantity of each commodity, commodity-based asset, security, cash, and cash equivalents held; and (v) percentage weighting of the Trust's assets (proposed Rule 8.201-E(e)(1) (Generic) and subparagraphs (i) through (v) thereunder);</P>
                <P>• The Trust's current net asset value per share, market price, and premium or discount, each as of the end of the prior business day (proposed Rule 8.201-E(e)(2) (Generic));</P>
                <P>• A table showing the number of days the Trust's shares traded at a premium or discount during the most recently completed calendar year and the most recently completed calendar quarters since that year (or the life of the Trust, if shorter) (proposed Rule 8.201-E(e)(3) (Generic));</P>
                <P>• A line graph showing the Trust share's premiums or discounts for the most recently completed calendar year and the most recently completed calendar quarters since that year (or the life of the Trust, if shorter) (proposed Rule 8.201-E(e)(4) (Generic));</P>
                <P>• The Trust share's median-ask spread, expressed as a percentage rounded to the nearest hundredth, computed by: (i) identifying the Trust share's national best bid and national best offer as of the end of each 10 second interval during each trading day of the last 30 calendar days; (ii) dividing the difference between each such bid and offer by the midpoint of the national best bid and national best offer; and (iii) identifying the median of those values (proposed Rule 8.201-E(e)(5) (Generic));</P>
                <P>• Liquidity risk policies and procedures as described in paragraph (g) of proposed Rule 8.201-E (Generic) (proposed Rule 8.201-E(e)(6) (Generic));</P>
                <P>• The Trust's methodology for the calculation of its net asset value (proposed Rule 8.201-E(e)(7) (Generic));</P>
                <P>• The Trust's trading volume for the previous day (proposed Rule 8.201-E(e)(8) (Generic)); and</P>
                <P>• The Trust's effective prospectus, in a form available for download (proposed Rule 8.201-E(e)(9) (Generic)).</P>
                <P>Proposed Rule 8.201-E(f) (Generic) would provide that the Trust may not seek, directly or indirectly, to provide investment returns that correspond to the performance of an index, benchmark, or reference value by a specified multiple, or to provide investment returns that have an inverse or multiple inverse relationship to the performance of an index, benchmark, or reference value, over a predetermined period of time.</P>
                <P>
                    Proposed Rule 8.201-E(g) (Generic) would provide that, if a Trust has on a daily basis less than 85% of its assets readily available to meet redemption requests, the Trust must have written liquidity risk policies and procedures that are reasonably designed to address the risk that it could not meet requests to redeem shares issued by the Trust without significant dilution of remaining shareholders' interest in the Trust.
                    <SU>7</SU>
                    <FTREF/>
                     For purposes of this Rule, an asset is deemed not readily available to meet redemption requests if it is segregated, pledged, hypothecated, encumbered, or otherwise restricted or prevented from being liquidated, sold, transferred, or assigned within one business day. Rule 8.201-E(g) (Generic) would further provide that the Trust's liquidity risk policies and procedures will be periodically reviewed by the Trust (at least annually) and address the following criteria, as applicable:
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The Exchange notes that proposed Rule 8.201-E(g) (Generic) is intended to, for example, allow a Trust issuing Commodity-Based Trust Shares to engage in protocol staking, in accordance with guidance issued by Commission staff, of the commodity(ies) held by the Trust, if applicable. 
                        <E T="03">See https://www.sec.gov/newsroom/speeches-statements/statement-certain-protocol-staking-activities-052925.</E>
                    </P>
                </FTNT>
                <P>
                    • The Trust's investment strategy and liquidity of the Trust's assets during 
                    <PRTPAGE P="45085"/>
                    normal and stressed conditions, including holdings in derivatives and whether the investment strategy is appropriate for effective and efficient arbitrage (proposed Rule 8.201-E(g)(1) (Generic));
                </P>
                <P>• Holdings of cash and cash equivalents, as well as borrowing arrangements and other funding sources (proposed Rule 8.201-E(g)(2) (Generic)); and</P>
                <P>
                    • Percentage and description of the Trust's assets that are segregated, pledged, hypothecated, encumbered, or otherwise restricted or prevented from being liquidated, sold, transferred or assigned (proposed Rule 8.201-E(g)(3) (Generic)).
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         For example, for crypto-based series of Commodity-Based Trust Shares with protocol staked assets, the liquidity risk policies and procedures would describe the asset(s) staked and the percentage of such asset(s) subject to protocol staking.
                    </P>
                </FTNT>
                <P>Proposed Rule 8.201-E(h) (Generic) would provide that Commodity-Based Trust Shares may be listed and traded on the Exchange pursuant to Rule 8.201-E (Generic) provided that, upon initial listing, the Exchange will establish a minimum number of Commodity-Based Trust Shares required to be outstanding at the time of commencement of trading on the Exchange, and all Commodity-Based Trust Shares shall have a stated investment objective, which shall be adhered to under normal market conditions.</P>
                <P>Proposed Rule 8.201-E(i) (Generic) would provide for continued listing standards for Commodity-Based Trust Shares listed pursuant to Rule 8.201-E (Generic). The Exchange will maintain surveillance procedures for Commodity-Based Trust Shares listed under Rule 8.201-E (Generic) and will consider the suspension of trading in and the delisting of such Trust shares under any of the following circumstances:</P>
                <P>• If, following the initial twelve-month period following commencement of trading on the Exchange of Commodity-Based Trust Shares, the Trust has more than 60 days remaining until termination and there are fewer than 50 record and/or beneficial holders of Commodity-Based Trust Shares (proposed Rule 8.201-E(i)(1) (Generic)); or</P>
                <P>• If, following the initial twelve-month period following commencement of trading on the Exchange of Commodity-Based Trust Shares, the Trust has fewer than 50,000 shares issued and outstanding (proposed Rule 8.201-E(i)(2) (Generic)); or</P>
                <P>• If, following the initial twelve-month period following commencement of trading on the Exchange of Commodity-Based Trust Shares, the market value of all shares issued and outstanding is less than $1,000,000 (proposed Rule 8.201-E(i)(3) (Generic)); or</P>
                <P>• If the value of the underlying reference asset(s) or index is no longer calculated or made widely available on at least a 15-second basis from a source unaffiliated with the sponsor or the Trust (proposed Rule 8.201-E(i)(4) (Generic));</P>
                <P>• If the Indicative Trust Value is no longer calculated or made widely available to all market participants at the same time on at least a 15-second basis during the Core Trading Session (proposed Rule 8.201-E(i)(5) (Generic));</P>
                <P>• If the net asset value is not calculated at least once daily or made widely available to all market participants at the same time (proposed Rule 8.201-E(i)(6) (Generic));</P>
                <P>• If the information as set forth in this Rule 8.201-E is no longer being disclosed in accordance with the requirement of paragraph (e) above (proposed Rule 8.201-E(i)(7) (Generic));</P>
                <P>• If any of the other continued listing requirements set forth in this Rule are not continuously maintained (proposed Rule 8.201-E(i)(8) (Generic));</P>
                <P>• If the Exchange submits a rule filing pursuant to Section 19(b) of the Securities Exchange Act of 1934 to permit the listing and trading of a series of Commodity-Based Trust Shares that do not otherwise meet the standards set forth in this Rule and any of the statements or representations regarding (a) the description of the index, portfolio, or reference asset, (b) limitations on the index, portfolio holdings, or reference assets, or (c) the applicability of Exchange listing rules specified in such rule filing are not continuously maintained; or if such other event shall occur or condition exists which in the opinion of the Exchange makes further dealings on the Exchange inadvisable (proposed Rule 8.201-E(i)(9) (Generic));</P>
                <P>• Upon termination of a Trust, the Exchange requires that Commodity-Based Trust Shares issued in connection with such Trust be removed from Exchange listing. A Trust may terminate in accordance with the provisions of the Trust prospectus, which may provide for termination if the value of the Trust falls below a specified amount (proposed Rule 8.201-E(i)(10) (Generic)).</P>
                <P>Rule 8.201-E(j) (Generic) would set forth requirements applicable to Commodity-Based Trust Shares issued by an entity structured as a trust, on an initial and continuing basis. Proposed Rule 8.201-E(j)(1) (Generic) would require that the stated term of the trust be as stated in the trust prospectus, provided that a trust may be terminated under such earlier circumstances as may be specified in the trust prospectus. Proposed Rule 8.201-E(j)(2) (Generic) would set forth requirements that apply to the trustee of a trust. Proposed Rule 8.201-E(j)(2)(i) (Generic) would require that the trustee of a trust must be a trust company or banking institution having substantial capital and surplus and the experience and facilities for handling corporate trust business and that, if an individual has been appointed as trustee, a qualified trust company or banking institution must be appointed co-trustee. Proposed Rule 8.201-E(j)(2)(ii) (Generic) would provide that no change is to be made in the trustee of a listed issue without prior notice to and approval of the Exchange. Proposed Rule 8.201-E(j)(3) (Generic) would provide that voting rights will be as set forth in the applicable trust prospectus. Proposed Rule 8.201-E(j) (Generic) and the subparagraphs thereunder are based on current Rule 8.201-E(e)(3) through (5) without any substantive changes.</P>
                <P>Rule 8.201-E(k) (Generic) would provide that an issuer of Commodity-Based Trust Shares must promptly notify the Exchange of any non-compliance with any of the applicable continued listing standards set forth in Rule 8.201-E (Generic).</P>
                <P>
                    Rule 8.201-E(l) (Generic) would set forth rules relating to trading halts. Proposed Rule 8.201-E(l)(1) (Generic) would provide that the Exchange may halt trading during the day in which the interruption to the following occurs: (i) the value of the underlying reference asset(s) or index is not made widely available on at least a 15-second basis from a source unaffiliated with the sponsor or the Trust; (ii) the Indicative Trust Value is not made widely available to all market participants at the same time on at least a 15-second basis during the Core Trading Session; or (iii) the information required by proposed Rule 8.201-E(e) (Generic) to be publicly disclosed on a Trust's website, free of charge, is not being disclosed in that manner. If the interruption persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. If Commodity-Based Trust Shares are trading on the Exchange pursuant to unlisted trading privileges, the Exchange will halt trading as specified in Rule 7.34-E(a). Proposed Rule 8.201-E(l)(2) (Generic) would provide that, if the Exchange becomes aware that the net asset value 
                    <PRTPAGE P="45086"/>
                    is not disseminated to all the market participants at the same time, it will halt trading in the Commodity-Based Trust Shares until such time as the net asset value is available to all market participants. Finally, proposed Rule 8.201-E(l)(3) (Generic) would provide that the Exchange also may halt trading because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable.
                </P>
                <P>Proposed Rule 8.201-E(m) (Generic) would set forth rules related to Market Maker accounts. An ETP Holder acting as a registered Market Maker in Commodity-Based Trust Shares listed pursuant to Rule 8.201-E (Generic) must file with the Exchange in a manner prescribed by the Exchange and keep current a list identifying all accounts for trading in each underlying commodity and commodity-based asset which the Market Maker may have or over which it may exercise investment discretion. If an ETP Holder is acting as a registered Market Maker in Commodity-Based Trust Shares that have exposure to, but do not, consistent with the definition of Commodity-Based Trust Shares in this Rule 8.201-E (Generic), hold one or more non-U.S. currencies (“Underlying FX”), such Market Maker also must file with the Exchange, in a manner prescribed by the Exchange, and keep current a list identifying all accounts for trading in Underlying FX and derivatives overlying Underlying FX which the Market Maker may have or over which it may exercise investment discretion, as well as a list of all commodity and commodity-related accounts referenced above. No Market Maker in Commodity-Based Trust Shares shall trade in a commodity, commodity-based asset, Underlying FX, or any related derivative thereon in an account that the Market Maker (1) directly or indirectly controls trading activities or has direct interest in the profits or losses thereof, (2) is required by this rule to disclose to the Exchange, and (3) has not reported to the Exchange. In addition to the existing obligations under Exchange rules regarding the production of books and records, the ETP Holder acting as a Market Maker in Commodity-Based Trust Shares shall make available to the Exchange such books, records or other information pertaining to transactions by such entity or registered or non-registered employee affiliated with such entity for its or their own accounts for trading the underlying commodity or commodity-based asset, applicable Underlying FX, or applicable derivatives of each of the foregoing, as may be requested by the Exchange. Proposed Rule 8.201-E(m) (Generic) is based on current Rule 8.201-E(g) without any substantive changes.</P>
                <P>Proposed Rule 8.201-E(n) (Generic) would provide for the establishment of firewalls. Specifically, proposed Rule 8.201-E(n)(1) (Generic) would provide that, if the value of a Commodity-Based Trust Share listed pursuant to Rule 8.201-E (Generic) is based in whole or in part on an index that is maintained by a broker-dealer, the broker-dealer shall erect and maintain a “firewall” around the personnel responsible for the maintenance of such index or who have access to information concerning changes and adjustments to the index. Proposed Rule 8.201-E(n)(2) (Generic) would provide that any advisory committee, supervisory board, or similar entity that advises an index licensor or administrator or that makes decisions regarding the index composition methodology, and related matters must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material, non-public information regarding the applicable index. Proposed Rule 8.201-E(n)(3) (Generic) would provide that, if the Trust is affiliated with any entity that has the ability to influence the price or supply of a commodity, or a commodity underlying a commodity-based asset, held by the Trust, the Trust shall (i) implement and maintain a “firewall” between any such entity and the Trust, (ii) have written policies and procedures designed to prevent the use and dissemination of material, non-public information regarding the Trust; and (iii) have written policies and procedures designed to prevent fraudulent, deceptive or manipulative acts, practices, or courses of business with respect to the Trust and such commodity.</P>
                <P>Proposed Rule 8.201-E(o) would set forth rules relating to the limitation of Exchange liability. Neither the Exchange nor any agent of the Exchange shall have any liability for damages, claims, losses or expenses caused by any errors, omissions, or delays in calculating or disseminating any underlying commodity value, the current value of the underlying commodity required to be deposited to the Trust in connection with issuance of Commodity-Based Trust Shares pursuant to Rule 8.201-E (Generic); resulting from any negligent act or omission by the Exchange, or any agent of the Exchange, or any act, condition or cause beyond the reasonable control of the Exchange, its agent, including, but not limited to, an act of God; fire; flood; extraordinary weather conditions; war; insurrection; riot; strike; accident; action of government; communications or power failure; equipment or software malfunction; or any error, omission or delay in the reports of transactions in an underlying commodity. Proposed Rule 8.201-E(o) (Generic) is based on current Rule 8.201-E(f) without any substantive changes.</P>
                <P>Finally, the Exchange proposes Commentary to Rule 8.201-E (Generic) as follows. Proposed Commentary .01 would provide that the Exchange requires that ETP Holders provide all purchasers of newly issued Commodity-Based Trust Shares a prospectus for the series of Commodity-Based Trust Shares. Proposed Commentary .01 is based on current Rule 8.201-E, Commentary .02 without any changes. Proposed Commentary .02 would provide that transactions in Commodity-Based Trust Shares will occur during the trading hours specified in NYSE Arca Rule 7.34-E. Proposed Commentary .02 is based on current Rule 8.201-E, Commentary .03 without any changes.</P>
                <HD SOURCE="HD3">Proposed Conforming Changes</HD>
                <P>
                    The Exchange proposes conforming changes to Rule 5.3-O, which sets forth criteria applicable to underlying securities with respect to which put or call option contracts are approved for listing and trading on the Exchange, and Rule 5.2-E(j)(6), which sets forth listing criteria for Equity Index-Linked Securities, Commodity-Linked Securities, Currency Linked Securities, Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities. Rule 5.3-O(j)(1)(B) defines Commodity-Linked Securities as securities that provide for the payment at maturity of a cash amount based on the performance or the leveraged (multiple or inverse) performance of one or more physical commodities or commodity futures, options on commodities, or other commodity derivatives or Commodity-Based Trust Shares or a basket or index of any of the foregoing. Rule 5.2-E(j)(6) similarly provides that Commodity-Linked Securities provide for payment at maturity based on the performance of one or more physical commodities or commodity futures, options or other commodity derivatives or Commodity-Based Trust Shares (as defined in NYSE Arca Rule 8.201-E) or a basket or index of any of the foregoing. The Exchange proposes, in both rules, to specify that the reference to Commodity-Based Trust Shares is as defined in NYSE Arca Rule 8.201-E (Non-Generic) or Rule 8.201-E (Generic) to ensure that these rules accommodate 
                    <PRTPAGE P="45087"/>
                    Commodity-Based Trust Shares listed pursuant to either rule.
                </P>
                <P>The Exchange also proposes conforming changes to Rules 5.3-E and 5.3-E(e), which set forth requirements related to corporate governance and disclosure policies and shareholder/annual meetings, respectively. The Exchange proposes to amend Rule 5.3-E to include Commodity-Based Trust Shares listed pursuant to Rule 8.201-E (Generic) among the derivative or special purpose securities that are subject to a limited set of corporate governance and disclosure policies and to update the reference to current Rule 8.201-E to be to Rule 8.201-E (Non-Generic). The Exchange likewise proposes to amend Rule 5.3-E(e) to include Commodity-Based Trust Shares listed pursuant to Rule 8.201-E (Generic) among the derivative or special purpose securities to which the requirements concerning shareholder/annual meetings do not apply and to update the title of current Rule 8.201-E to be Rule 8.201-E (Non-Generic).</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The proposed rule change is consistent with Section 6(b) of the Act,
                    <SU>9</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(5),
                    <SU>10</SU>
                    <FTREF/>
                     in particular, because it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to, and perfect the mechanism of, a free and open market and a national market system and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>The Exchange believes proposed Rule 8.201-E (Generic) would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and protect investors and the public interest by establishing generic standards for listing and trading of Commodity-Based Trust Shares. Proposed Rule 8.201-E (Generic) would allow Commodity-Based Trust Shares that meet the requirements of the Rule to be listed and traded on the Exchange without prior Commission approval order or notice of effectiveness pursuant to Section 19(b) of the Act. Accordingly, the proposed rule change would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and protect investors and the public interest because it would facilitate efficient procedures for listing series of Commodity-Based Trust Shares that meet the requirements of proposed Rule 8.201-E (Generic), thereby reducing the time, resources, and costs associated with bringing new series of Commodity-Based Trust Shares to market and promoting competition among issuers of such products, to the benefit of the market participants. In addition, the Exchange believes that the proposed rule change would further the intended objective of Rule 19b-4(e) under the Act by permitting Commodity-Based Trust Shares that satisfy the proposed listing standards in proposed Rule 8.201-E (Generic) to be listed and traded without separate Commission approval.</P>
                <P>To be listed under proposed Rule 8.201-E (Generic), each series of Commodity-Based Trust Shares must satisfy the requirements of the Rule upon initial listing and on a continuing basis. An issuer of Commodity-Based Trust Shares must notify the Exchange of any failure to comply with such requirements, as provided in proposed Rule 8.201-E(k) (Generic). As provided in proposed Rule 8.201-E(i), the Exchange will maintain surveillance procedures for securities listed under proposed Rule 8.201-E (Generic) and will consider the suspension of trading in and the delisting of series of Commodity-Based Trust Shares if an issuer of such Trust shares notifies the Exchange that it is out of compliance with any of the applicable continued listing standards set forth in proposed Rule 8.201-E(i) (Generic), or if such other event shall occur or condition exists which, in the opinion of the Exchange, makes further dealings on the Exchange inadvisable. The Exchange believes that this proposed change would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and protect investors and the public interest because it would allow the Exchange to consider the suspension of trading in and the delisting of Commodity-Based Trust Shares that do not meet the proposed continued listing requirements, which are substantially the same as the continued listing requirements for Rule 8.201-E (Non-Generic).</P>
                <P>The Exchange further believes that the proposed rule change would remove impediments to, and perfect the mechanism of, a free and open market and a national market system and, in general, protect investors and the public interest because proposed Rule 8.201-E(c) (Generic) sets forth definitions for purposes of this Rule, thereby promoting clarity and specificity in the Exchange's rules, and proposed Rule 8.201-E(d) (Generic) sets forth specific eligibility criteria for the holdings of Commodity-Based Trust Shares listed pursuant to this Rule. Proposed Rule 8.201-E(c)(1)(iii) would provide that a Trust may hold, in addition to one or more commodities or commodity-based assets, securities, cash, and cash equivalents. The Exchange believes that the proposed eligibility criteria in Rule 8.201-E(d)(2) (Generic), which provides that a Trust may hold securities that meet the criteria of Rule 8.600-E, Commentary .01(a) and (b) or listed options that trade on an ISG market would remove impediments to, and perfect the mechanism of, a free and open market and a national market system and, in general, protect investors and the public interest by affording greater flexibility to a Trust issuing Commodity-Based Trust Shares, to the benefit of market participants. The Exchange believes that allowing a Trust to hold cash and cash equivalents would remove impediments to, and perfect the mechanism of, a free and open market and a national market system and, in general, protect investors and the public interest for the same reasons. The Exchange notes that Commentary .01(a) and (b) to Rule 8.600-E set forth certain generic listing requirements for Managed Fund Shares. In addition, to the extent a Trust holds listed options, the Exchange could obtain information regarding such securities from the ISG market on which they trade. The Exchange further notes that Rule 8.201-E (Non-Generic) similarly provides for cash holdings and that the proposed definition of “cash equivalent” in Rule 8.201-E(c)(4) (Generic) is substantially identical to the term as used in the generic listing standards for Rule 8.600-E for Managed Fund Shares.</P>
                <P>
                    The Exchange believes that the proposed eligibility criteria for the Commodity-Based Trust Shares holdings as set forth in proposed Rules 8.201-E(d)(1)(i) (Generic) through (iii) (Generic) are designed to prevent fraudulent and manipulative acts and practices because they are intended to ensure that the Exchange could obtain information about trading in each commodity or commodity that underlies a commodity-based asset held by a Trust. Specifically, proposed Rules 8.201-E(d)(1)(i) (Generic) through (iii) (Generic) provide that the Trust could hold a commodity or commodity that underlies a commodity-based asset if 
                    <PRTPAGE P="45088"/>
                    such commodity trades on a market that is an ISG member from which the Exchange may obtain information about trading in such commodity from the ISG member; if such commodity underlies a futures contract that has been available to trade on a designated contract market, with which the Exchange has a CSSA, for at least six months; or if economic exposure to such commodity represents at least 40% of the NAV of an exchange-traded fund that lists and trades on a national securities exchange. The Exchange believes the proposed rule change would prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system and, in general, protect investors and the public interest because the Exchange's ability to obtain information regarding trading in the commodities or commodities underlying commodity-based assets held by a Trust issuing Commodity-Based Trust Shares would assist in monitoring trading in such shares on the Exchange and to deter and detect violations of Exchange rules and applicable federal securities laws. In addition, with respect to proposed Rule 8.201-E(d)(1)(iii), the Exchange believes that this proposed requirement would prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system and, in general, protect investors and the public interest because it would allow a Trust to hold a commodity or commodity underlying a commodity-based asset where an existing exchange-traded fund that provides economically similar exposure has been permitted to list and trade on a national securities exchange, thereby promoting regulatory consistency with respect to products providing exposure to the same underlying commodities or commodities underlying commodity-based assets.
                </P>
                <P>The Exchange has in place certain surveillance procedures that are adequate to properly monitor trading in Commodity-Based Trust Shares on the Exchange in all trading sessions and to deter and detect violations of Exchange rules and applicable federal securities laws applicable to the Shares of the Trust trading on the Exchange. The Exchange or the Financial Industry Regulatory Authority (“FINRA”), on behalf of the Exchange, or both, will communicate as needed regarding trading in the Shares with other markets that are members of the ISG, and the Exchange or FINRA, on behalf of the Exchange, or both, may obtain trading information regarding trading in Commodity-Based Trust Shares and underlying commodities or commodity-based assets from such markets. In addition, the Exchange may obtain information regarding trading in Commodity-Based Trust Shares from markets with which the Exchange has in place a CSSA. Also, pursuant to proposed Rule 8.201-E(m) (Generic), the Exchange is able to obtain information from ETP Holders acting as registered Market Makers regarding their trading (as principal or agent) in Commodity-Based Trust Shares and any underlying commodities or commodity-based assets.</P>
                <P>Proposed Rule 8.201-E(e) (Generic) sets forth the information that must be disclosed on the website of each Trust that issues Commodity-Based Trust Shares pursuant to proposed Rule 8.201-E (Generic). The Exchange believes that this proposed change would remove impediments to, and perfect the mechanism of, a free and open market and a national market system, as well as protect investors and the public interest, by ensuring the public availability of information relevant to trading in Commodity-Based Trust Shares, such as information relating to a Trust's holdings, NAV, and effective prospectus. The information required by proposed Rule 8.201-E(e) (Generic) is consistent with that disclosed by products currently listed pursuant to Rule 8.201-E (Non-Generic).</P>
                <P>
                    Proposed Rule 8.201-E(f) (Generic) prohibits a Trust from seeking performance that is the multiple or inverse multiple of an index, benchmark, or reference value. The Exchange believes this proposed change would remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and protect investors and the public interest by limiting Commodity-Based Trust Shares listed pursuant to the proposed generic listing standards from seeking leverage or inverse leverage, thereby mitigating potential risks uniquely associated with investments in leveraged or inverse leveraged products (
                    <E T="03">e.g.,</E>
                     risk of amplified losses, decay risk due to frequent rebalancing) given that the shares would be listed and traded on the Exchange without a prior Commission approval order or notice of effectiveness pursuant to Section 19(b) of the Act.
                </P>
                <P>The Exchange further believes that the proposed rule change is designed to remove impediments to, and perfect the mechanism of, a free and open market and a national market system, as well as to protect investors and the public interest, because proposed Rule 8.201-E(g) (Generic) requires that, if a Trust has on a daily basis less than 85% of its assets readily available to meet redemption requests, the Trust must maintain liquidity risk policies and procedures that are reasonably designed to address the risk that it could not meet requests to redeem shares issued by the Trust, including the percentage and description of the Trust's assets not readily available to satisfy redemption requests. Such policies and procedures would provide transparency to the investing public regarding risks associated with the Trust's potential inability to meet requests to redeem shares issued by the Trust without significant dilution of remaining shareholders' interest in the Trust. In addition, proposed Rule 8.201-E(n) (Generic), which would require the establishment of firewalls if, for example, the value of a Commodity-Based Trust Share is based in whole or in part on an index that is maintained by a broker-dealer or if a Trust is affiliated with any entity that has the ability to influence the price or supply of a commodity, or a commodity underlying a commodity-based asset, held by the Trust, would provide for protective measures to help mitigate against fraudulent and manipulative acts and practices and protect investors and the public interest.</P>
                <P>
                    Proposed Rule 8.201-E(1) (Generic) provides that the Exchange may halt trading in a series of Commodity-Based Trust Shares if (1) the value of a Trust's underlying reference asset(s) or index is not made widely available on at least a 15-second basis from a source unaffiliated with the sponsor or the Trust; (2) the Indicative Trust Value is not made widely available to all market participants at the same time on at least a 15-second basis during the Core Trading Session; (3) information is not being disclosed in accordance with the requirements of proposed Rule 8.201-E(e) (Generic); (4) the Exchange becomes aware that the NAV is not disseminated to all the market participants at the same time; or (5) the Exchange believes that trading in the Shares would be inadvisable based on market conditions or other reasons. This proposed change would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and protect investors and the public interest because trading in a series of Commodity-Based Trust Shares could 
                    <PRTPAGE P="45089"/>
                    be halted under circumstances where information relevant to trading in the shares is not available to market participants or in other such circumstances that, in the Exchange's view, make trading in the shares inadvisable.
                </P>
                <P>The Exchange believes that proposed Rules 8.201-E(j) (Generic), 8.201-E(m) (Generic), 8.201-E(o) (Generic), and Commentary .01 and .02 to Rule 8.201-E (Generic) would remove impediments to, and perfect the mechanism of, a free and open market and a national market system, as well as protect investors and the public interest because they are based on existing provisions of Rule 8.201-E (Non-Generic) without any substantive changes and would promote consistency between the requirements of proposed Rule 8.201-E (Generic) and Rule 8.201-E (Non-Generic).</P>
                <P>The Exchange believes that the proposed conforming changes to current Rule 8.201-E, Rule 5.3-O, Rule 5.2-E(j)(6), Rule 5.3-E, and Rule 5.3-E(e) would remove impediments to, and perfect the mechanism of, a free and open market and a national market system, as well as protect investors and the public interest, by promoting clarity and transparency in Exchange rules. The proposed changes to Rule 8.201-E (Non-Generic) do not reflect any substantive changes to the rule and are intended only to clearly distinguish between the requirements of current Rule 8.201-E, which would be renamed Rule 8.201-E (Non-Generic), and the requirements of proposed Rule 8.201-E (Generic). The proposed changes to Rule 5.3-O and 5.2-E(j)(6) are intended to clarify that references to Commodity-Based Trust Shares in those rules are intended to include Commodity-Based Trust Shares listed under either Rule 8.201-E (Non-Generic) or Rule 8.201-E (Generic). The Exchange also believes that the proposed addition of Commodity-Based Trust Shares listed pursuant to Rule 8.201-E (Generic) to the enumerated derivative and special purpose securities that are subject to the provisions of Rule 5.3-E (Corporate Governance and Disclosure Policies) and Rule 5.3-E(e) (Shareholder/Annual Meetings) would promote just and equitable principles of trade and remove impediments to and perfect the mechanism of a free and open market and a national market system by holding generically-listed Commodity Based Trust Shares to the same requirements currently applicable to other similar derivative and special purpose securities, including those listed pursuant to current Rule 8.201-E.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Instead, the Exchange believes that the proposed rule change would facilitate the listing and trading of Commodity-Based Trust Shares through an efficient process that would enhance competition among market participants, to the benefit of investors and the marketplace. The Exchange believes that the proposed generic listing standards in Rule 8.201-E (Generic) would reduce the timeframe for bringing additional series of Commodity-Based Trust Shares to market, thereby reducing the burdens on issuers and other market participants and promoting competition among issuers of such products.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>No written comments were solicited or received with respect to the proposed rule change.</P>
                <HD SOURCE="HD1">III. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change, as modified by Amendment No. 1, is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-NYSEARCA-2025-54 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-NYSEARCA-2025-54. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NYSEARCA-2025-54 and should be submitted on or before October 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>11</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>11</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18045 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-103973; File No. SR-NASDAQ-2025-056]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing of Amendment No. 2 to Proposed Rule Change To Adopt Generic Listing Standards for Commodity-Based Trust Shares Under Rule 5711(d)</SUBJECT>
                <DATE>September 15, 2025.</DATE>
                <P>
                    On July 30, 2025, the Nasdaq Stock Market LLC (“Exchange” or “Nasdaq”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act” or “Exchange Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change to amend Nasdaq Rule 5711(d) to adopt generic listing standards for Commodity-Based Trust Shares. The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on August 4, 2025.
                    <SU>3</SU>
                    <FTREF/>
                     On August 27, 2025, the Exchange filed with the Commission Amendment No. 1 to the proposed rule change, which replaced and superseded the proposed rule change in its entirety. On September 10, 2025, the Exchange filed with the Commission Amendment No. 2 to the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. Amendment No. 2 replaces and supersedes the proposed rule change, as modified by Amendment No. 1. The Commission is publishing this 
                    <PRTPAGE P="45090"/>
                    notice to solicit comments on the proposed rule change, as modified by Amendment No. 2, from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 103596 (July 30, 2025), 90 FR 36461. Comments received on the proposed rule change are available at: 
                        <E T="03">https://www-draft.sec.gov/comments/sr-nasdaq-2025-056/srnasdaq2025056.htm</E>
                        .
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend Rule 5711(d) to adopt generic listing standards for Commodity-Based Trust Shares (as defined below). This Amendment No. 2 supersedes Amendment No. 1 in its entirety.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://listingcenter.nasdaq.com/rulebook/nasdaq/rulefilings,</E>
                     and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend Rule 5711(d) to adopt generic listing standards for Commodity-Based Trust Shares.
                    <SU>4</SU>
                    <FTREF/>
                     Effectively, the proposed rule change will allow the Exchange to approve the listing and trading of certain qualifying exchange-traded products (“ETPs”) that physically hold commodities like precious metals and digital asset commodities on the Exchange without the need to submit a proposed rule change with the Commission for each new product.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Exchange is working on a separate rule proposal to add quantitative metrics as additional eligibility criteria for the generic listing of Commodity-Based Trust Shares that it plans to file subsequent to this proposal.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         As discussed later in this filing, Commodity-Based Trust Shares will also be expanded to allow for the ETP to hold not just physical commodities, but also commodity-based assets like commodity futures and securities.
                    </P>
                </FTNT>
                <P>
                    Under the Exchange's current rules, a proposed rule change must be filed with the SEC for the listing and trading of each new series of Commodity-Based Trust Shares.
                    <SU>6</SU>
                    <FTREF/>
                     The Exchange believes that the proposed generic listing rules, as described below, will facilitate efficient procedures for ETPs that would be eligible under these rules. Consistent with Exchange-Traded Fund Shares, Index Fund Shares, and Managed Fund Shares listed under the generic listing standards in Rules 5704, 5705(b), and 5735, respectively, series of Commodity-Based Trust Shares that meet the proposed standards in Rule 5711(d) would be permitted to be listed and traded on the Exchange without the Exchange being required to submit a rule filing pursuant to Section 19(b) of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Currently, the SEC has approved a number of spot bitcoin and spot ether ETPs, including ETPs that hold both spot bitcoin and spot ether. 
                        <E T="03">See e.g.,</E>
                         Securities Exchange Act Nos. 99306 (January 10, 2024), 89 FR 3008 (January 17, 2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To List and Trade Bitcoin-Based Commodity-Based Trust Shares and Trust Units) (“Spot Bitcoin ETP Approval Order”); 100224 (May 23, 2024), 89 FR 46937 (May 30, 2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To List and Trade Shares of Ether-Based Exchange-Traded Products) (“Spot ETH ETP Approval Order”); and 101998 (December 19, 2024), 89 FR 106707 (December 30, 2024) (Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Shares of the Hashdex Nasdaq Crypto Index US ETF and Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Shares of the Franklin Crypto Index ETF, a Series of the Franklin Crypto Trust) (“Dual Bitcoin and Ether ETP Approval Order”).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Background</HD>
                <P>
                    Rule 5711(d) currently sets forth rules related to the listing and trading of Commodity-Based Trust Shares.
                    <SU>7</SU>
                    <FTREF/>
                     The term “Commodity-Based Trust Shares” is currently defined in Rule 5711(d)(iv)(A) as a security:
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The Commission approved Nasdaq Rule 5711 in Securities Exchange Act Release No. 66648 (March 23, 2012), 77 FR 19428 (March 30, 2012) (SR NASDAQ 2012-013) (“Approval Order”).
                    </P>
                </FTNT>
                <P>
                    • that is issued by a trust that holds (a) a specified commodity 
                    <SU>8</SU>
                    <FTREF/>
                     deposited with the trust, or (b) a specified commodity and, in addition to such specified commodity, cash;
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The term “commodity” is defined in Section 1a(9) of the Commodity Exchange Act. 
                        <E T="03">See</E>
                         current Rule 5711(d)(iv)(B).
                    </P>
                </FTNT>
                <P>• that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and</P>
                <P>• that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash.</P>
                <P>
                    All Commodity-Based Trust Shares listed and/or traded pursuant to Rule 5711(d) (including pursuant to unlisted trading privileges) are subject to the full panoply of Exchange rules and procedures that currently govern the trading of equity securities on the Exchange.
                    <SU>9</SU>
                    <FTREF/>
                     In addition, Rule 5711(d)(vi) currently provides for the criteria that Commodity-Based Trust Shares must satisfy for initial and continued listing on the Exchange. Specifically, on an initial listing basis, the Exchange establishes a minimum number of Commodity-Based Trust Shares required to be outstanding at the time of commencement of trading on the Exchange.
                    <SU>10</SU>
                    <FTREF/>
                     On a continued listing basis, the Exchange would consider the suspension of trading in or removal from listing of such series under any of the following circumstances: 
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Approval Order, 
                        <E T="03">supra</E>
                         note 7, at 19450.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         current Rule 5711(d)(vi)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         current Rule 5711(d)(v)(B).
                    </P>
                </FTNT>
                <P>• If following the initial 12-month period following commencement of trading on the Exchange, the Trust has more than 60 days remaining until termination and there are fewer than 50 record and/or beneficial holders of Commodity-Based Trust Shares;</P>
                <P>• If following the initial 12-month period following commencement of trading on the Exchange, the Trust has fewer than 50,000 receipts issued and outstanding;</P>
                <P>• If following the initial 12-month period following commencement of trading on the Exchange, the market value of all receipts issued and outstanding is less than $1,000,000;</P>
                <P>• If an interruption to the dissemination of the value of the underlying commodity persists past the trading day in which it occurred or is no longer calculated or available on at least a 15-second delayed basis by Nasdaq or one or more major market data vendors during the Regular Market Session (as defined in Nasdaq Rule 4120);</P>
                <P>• If an interruption to the dissemination of the Intraday Indicative Value persists past the trading day in which it occurred or is no longer made available on at least a 15-second delayed basis;</P>
                <P>
                    • If a series of Commodity-Based Trust Shares is not in compliance with any statements or representations included in the applicable rule proposal under Section 19(b) regarding: (a) the description of the reference assets or trust holdings; (b) limitations on the reference assets or trust holdings; (c) 
                    <PRTPAGE P="45091"/>
                    dissemination and availability of the reference asset or intraday indicative values; or (d) the applicability of Nasdaq listing rules specified in such proposals;
                </P>
                <P>• If any of the requirements set forth in Rule 5711(d) are not continuously maintained; or</P>
                <P>• If such other event shall occur or condition exists which, in the opinion of Nasdaq, makes further dealings on Nasdaq inadvisable.</P>
                <P>
                    As noted above, the current process for listing and trading new series of Commodity-Based Trust Shares requires that the Exchange submit separate proposed rule changes with the Commission before listing these ETPs.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         current Rule 5711(d)(iii).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Proposal</HD>
                <P>
                    The Exchange now proposes to amend Rule 5711(d)(i) to specify that the Exchange may list and/or trade Commodity-Based Trust Shares pursuant to Rule 19b-4(e) under the Act (“SEC Rule 19b-4(e)”). SEC Rule 19b-4(e) pertains to derivative securities products,
                    <SU>13</SU>
                    <FTREF/>
                     and provides that the listing and trading of a new derivative securities product by a self-regulatory organization (“SRO”) is not deemed a proposed rule change, pursuant to paragraph (c)(1) of Rule 19b-4 if the Commission has approved, pursuant to section 19(b) of the Act, the SRO's trading rules, procedures and listing standards for the product class that would include the new derivative securities product and the SRO has a surveillance program for the product class. As noted above, this is the current method pursuant to which Exchange-Traded Fund Shares, Index Fund Shares, and Managed Fund Shares are listed under Rules 5704, 5705(b), and 5735, respectively, if they meet the requirements of such rules.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         17 CFR 240.19b-4(e). As provided under SEC Rule 19b-4(e), the term “new derivative securities product” means any type of option, warrant, hybrid securities product or any other security, other than a single equity option or a security futures product, whose value is based, in whole or in part, upon the performance of, or interest in, an underlying instrument. When relying on Rule 19b-4(e), SRO must submit Form 19b-4(e) within 5 business days of trading a new derivative securities product.
                    </P>
                </FTNT>
                <P>As proposed in Rule 5711(d)(i), the Exchange would continue to submit a rule filing pursuant to Section 19(b) of the Act to permit the listing and trading of Commodity-Based Trust Shares that do not meet the standards set forth in Rule 5711(d) on an initial or a continuing basis. For example, if the components of a Commodity-Based Trust Share included a commodity that does not meet the eligibility requirements described in proposed Rule 5711(d)(iv) below, the Exchange would file a separate proposed rule change pursuant to Section 19(b) of the Act to permit the listing and trading such Commodity-Based Trust Share.</P>
                <P>In proposed Rule 5711(d)(iii)(A), the Exchange proposes to amend the definition of Commodity-Based Trust Shares. Specifically, Commodity-Based Trust Shares will mean a security that:</P>
                <P>• is issued by a trust, limited liability company, partnership, or other similar entity (“Trust”) that, if applicable, is operated by a registered commodity pool operator pursuant to the Commodity Exchange Act, and is not registered as an investment company pursuant to the Investment Company Act of 1940, or series or class thereof;</P>
                <P>• is designed to reflect the performance of one or more reference assets or an index of reference assets, less expenses, and other liabilities;</P>
                <P>• in order to reflect the performance as provided in proposed Rule 5711(d)(iii)(A)(2), is issued by a Trust that holds (a) one or more commodities or commodity-based assets as defined in proposed Rule 5711(d)(iii)(C), and (b) in addition to such commodities or commodity-based assets, may hold securities, cash, and cash equivalents;</P>
                <P>• is issued by such Trust in a specified aggregate minimum number in return for a deposit of (a) a specified quantity of the underlying commodities, commodity-based assets, securities, cash, and/or cash equivalents, or (b) a cash amount with a value based on the next determined net asset value per Trust share; and</P>
                <P>• when aggregated in the same specified minimum number, may be redeemed at a holder's request by such Trust which will deliver to the redeeming holder (a) the specified quantity of the underlying commodities, commodity-based assets, securities, cash, and/or cash equivalents, or (b) a cash amount with a value based on the next determined net asset value per Trust share.</P>
                <P>
                    As proposed, the definition of Commodity-Based Trust Shares will be amended in a number of ways. First, Commodity-Based Trust Shares could be issued, as proposed, by a trust, limited liability company, partnership, or other similar entity. Second, whereas Commodity-Based Trust Shares are currently based on underlying commodities only, the Exchange proposes that these ETPs could hold underlying commodities, commodity-based assets, and securities, provided that the ETP would not be able to hold securities or cash equivalents to the point where it could be considered an investment company pursuant to the Investment Company Act of 1940. The Exchange believes this flexibility with respect to the structure of the entity issuing Commodity-Based Trust Shares and the holdings underlying such Shares would benefit both issuers and the investing public and would facilitate the availability of additional types of Commodity-Based Trust Shares. Third, the definition would make clear that the Commodity-Based Trust Share will not be actively managed and will instead be passively managed in that it will reflect the performance of one or more reference assets held in the Trust's portfolio or an index of reference assets that the Trust tracks.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Proposed rule changes for previously-listed series of Commodity-Based Trust Shares have also been passively managed. 
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>
                    In proposed Rule 5711(d)(iii)(B), the Exchange proposes to amend the definition of commodity by explicitly carving out “excluded commodity” from this term. Specifically, the proposed definition provides that the term “commodity” is as defined in Section 1a(9) of the Commodity Exchange Act that is not an “excluded commodity” as defined in Section 1a(19) of the Commodity Exchange Act.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         Pursuant to Section 1a(19) of the Commodity Exchange Act, the term “excluded commodity” means—(i) an interest rate, exchange rate, currency, security, security index, credit risk or measure, debt or equity instrument, index or measure of inflation, or other macroeconomic index or measure; (ii) any other rate, differential, index, or measure of economic or commercial risk, return, or value that is—(I) not based in substantial part on the value of a narrow group of commodities not described in clause (i); or (II) based solely on one or more commodities that have no cash market; (iii) any economic or commercial index based on prices, rates, values, or levels that are not within the control of any party to the relevant contract, agreement, or transaction; or (iv) an occurrence, extent of an occurrence, or contingency (other than a change in the price, rate, value, or level of a commodity not described in clause (i)) that is—(I) beyond the control of the parties to the relevant contract, agreement, or transaction; and (II) associated with a financial, commercial, or economic consequence.
                    </P>
                </FTNT>
                <P>Proposed Rule 5711(d)(iii)(C) defines the term “commodity-based asset” as any future, option, or swap on a commodity, as defined in proposed Rule 5711(d)(iii)(B).</P>
                <P>Proposed Rule 5711(d)(iii)(D) defines the term “cash equivalent” as short-term instruments with maturities of less than three months as follows:</P>
                <P>• U.S. Government securities, including bills, notes, and bonds differing as to maturity and rates of interest, which are either issued or guaranteed by the U.S. Treasury or by U.S. Government agencies or instrumentalities;</P>
                <P>
                    • certificates of deposit issued against funds deposited in a bank or savings and loan association;
                    <PRTPAGE P="45092"/>
                </P>
                <P>• bankers' acceptances, which are short-term credit instruments used to finance commercial transactions;</P>
                <P>• repurchase agreements and reverse repurchase agreements;</P>
                <P>• bank time deposits, which are monies kept on deposit with banks or savings and loan associations for a stated period of time at a fixed rate of interest;</P>
                <P>• commercial paper, which are short-term unsecured promissory notes; and</P>
                <P>• money market funds.</P>
                <P>Proposed Rule 5711(d)(iii)(E) defines the term “net asset value” as the value of Commodity-Based Trust Shares that is used in computing periodically the current price for the purpose of creation and redemption of Trust shares and is an amount which reflects the current market value of the assets held by the Trust less expenses and liabilities.</P>
                <P>Proposed Rule 5711(d)(iii)(F) defines the term “designated contract market” as a board of trade or exchange that has been designated as a contract market under Section 5 of the Commodity Exchange Act and operates under the regulatory oversight of the Commodity Futures Trading Commission (“CFTC”) pursuant to Section 5 of the Commodity Exchange Act.</P>
                <P>Proposed Rule 5711(d)(iii)(G) defines the term “exchange-traded fund” or “ETF” as an open-end management investment company or a unit investment trust as defined in Section 4(2) of the Investment Company Act of 1940 or series or class thereof, the shares of which are listed and traded on a national securities exchange, and that has formed and operates under an exemptive order under the Investment Company Act of 1940 or in reliance on an exemptive rule adopted by the Securities and Exchange Commission.</P>
                <P>Proposed Rule 5711(d)(iii)(H) defines the term “Intraday Indicative Value” as the estimated indicative value of a Trust share based on current information regarding the value of the Trust's underlying assets.</P>
                <P>Proposed Rule 5711(d)(iii)(I) defines the term “market price” as (1) the official closing price of a Trust share; or (2) if it more accurately reflects the market value of a Trust share at the time as of which the Trust calculates current net asset value per share, the price that is the midpoint between the national best bid and national best offer as of that time.</P>
                <P>Proposed Rule 5711(d)(iii)(J) defines the term “premium or discount” as the positive or negative difference between the market price of a Trust share at the time as of which the current net asset value is calculated and the Trust's current net asset value per share, expressed as a percentage of the Trust share's current net asset value per share.</P>
                <P>Proposed Rule 5711(d)(iv) will set forth the eligibility requirements that the holdings of Commodity-Based Trust Shares would have to meet on an initial and, with the exception of proposed subparagraph (A)(3) described below, on a continuing basis. Proposed subparagraph (A) therein would set forth the eligibility requirements for the Trust's commodity or commodity-based asset holdings. Specifically, each commodity or commodity that underlies a commodity-based asset held by the Trust must fall into at least one of the following categories in proposed subparagraphs (A)(1)-(3):</P>
                <P>
                    • (1) the commodity trades on a market that is an Intermarket Surveillance Group (“ISG”) member; provided that the Exchange may obtain information about trading in such commodity from the ISG member; 
                    <SU>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         ISG is comprised of an international group of exchanges, market centers, and market regulators that perform front-line market surveillance in their respective jurisdictions. 
                        <E T="03">See https://isgportal.org/web/isg</E>
                        . A list of ISG members is available at 
                        <E T="03">https://isgportal.org/public-members</E>
                        .
                    </P>
                </FTNT>
                <P>
                    • (2) the commodity underlies a futures contract that has been made available to trade on a designated contract market for at least six months; 
                    <SU>17</SU>
                    <FTREF/>
                     provided that the Exchange has a comprehensive surveillance sharing agreement, whether directly or through common membership in ISG, with such designated contract market; 
                    <SU>18</SU>
                    <FTREF/>
                     or
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         The Exchange notes that “made available to trade on a designated contract market” means the date of listing and trading the futures contract (instead of the date of certification) on a designated contract market.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         As it relates to digital assets, this criteria would currently cover, for example, CME Bitcoin futures, CME Ethereum futures, and Coinbase Derivatives Litecoin futures. Both the CME and Coinbase Derivatives are presently ISG members, and both are also designated contract markets registered with the CFTC that trade these digital asset-based futures contracts.
                    </P>
                </FTNT>
                <P>
                    • (3) on an initial basis only, an exchange-traded fund designed to provide economic exposure of no less than 40% of its net asset value to the commodity lists and trades on a national securities exchange.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         For example, as it relates to digital assets, a number of ETFs already provide over 40% exposure to digital assets like Solana and XRP like the Volatility Shares Solana ETF and Volatility Shares XRP ETF.
                    </P>
                </FTNT>
                <P>The proposed eligibility requirements for the commodity or commodity-based asset components held by the Trust in proposed Rule 5711(d)(iv)(A)(1) and (2) are intended to ensure that the Exchange can monitor trading activity in the underlying commodity market or CFTC-regulated futures market through a comprehensive surveillance sharing agreement, thereby facilitating the monitoring for fraud and manipulation. The eligibility requirement in proposed Rule 5711(d)(iv)(A)(3) is intended to cover underlying commodities that are already substantially investible through existing ETFs, and to prevent regulatory arbitrage between ETPs registered under the Securities Act of 1933 and ETFs registered under the Investment Company Act of 1940. Overall, the Exchange believes that the foregoing criteria will help ensure fair and efficient markets.</P>
                <P>Proposed subparagraph (B) of proposed Rule 5711(d)(iv) would set forth the eligibility requirements for the Trust's security holdings. Specifically, if the Trust holds any securities, each security held by the Trust would need to meet the criteria of Rule 5735 (Managed Fund Shares), Sections (b)(1)(A) and (B), or if the security is a listed option, trades on an ISG market. Sections (b)(1)(A) and (B) of Rule 5735 presently set forth the standards for a Managed Fund Share portfolio that holds equity securities and fixed income securities, respectively. Section (b)(1)(A) defines equity securities to be U.S. Component Stocks (as defined in Rule 5705); Non-U.S. Component Stocks (as defined in Rule 5705); Exchange Traded Derivative Securities (as defined in Rule 5735(c)(6)); and Linked Securities (as defined in Rule 5710). Section (b)(1)(B) defines fixed income securities to be debt securities that are notes, bonds, debentures, or evidence of indebtedness that include, but are not limited to, U.S. Department of Treasury securities (“Treasury Securities”), government-sponsored entity securities (“GSE Securities”), municipal securities, trust preferred securities, supranational debt and debt of a foreign country or a subdivision thereof, investment grade and high yield corporate debt, bank loans, mortgage and asset backed securities, and commercial paper. As proposed, the Trust's securities holdings must either be an equity security or a fixed income security, as defined in Rule 5735(b)(1)(A) and (B), respectively, and meet the listing standards thereunder, or if the security holdings are listed options, they trade on an ISG market.</P>
                <P>Proposed Rule 5711(d)(v) will require the Trust to prominently display certain information on its public website to promote transparency. Specifically, the following information must be available on the Trust's public website, free of charge:</P>
                <P>
                    • Before the opening of regular trading on the Exchange, for the Trust's commodities, commodity-based assets, 
                    <PRTPAGE P="45093"/>
                    securities, cash, and cash equivalent, to the extent applicable:
                </P>
                <P>○ ticker symbol;</P>
                <P>○ identifier;</P>
                <P>○ description of the holding;</P>
                <P>○ the quantity of each commodity, commodity-based asset, security, cash, and cash equivalent held; and</P>
                <P>○ percentage weighting of the Trust's assets.</P>
                <P>• The Trust's current net asset value per share, market price, and premium or discount, each as of the end of the prior business day.</P>
                <P>• A table showing the number of days the Trust's shares traded at a premium or discount during the most recently completed calendar year and the most recently completed calendar quarters since that year (or the life of the Trust, if shorter).</P>
                <P>• A line graph showing the Trust share's premiums or discounts for the most recently completed calendar year and the most recently completed calendar quarters since that year (or the life of the Trust, if shorter).</P>
                <P>• The Trust share's median-ask spread, expressed as a percentage rounded to the nearest hundredth, computed by:</P>
                <P>○ identifying the Trust share's national best bid and national best offer as of the end of each 10 second interval during each trading day of the last 30 calendar days;</P>
                <P>○ dividing the difference between each such bid and offer by the midpoint of the national best bid and national best offer; and</P>
                <P>○ identifying the median of those values.</P>
                <P>• Liquidity risk policies and procedures as described in proposed Rule 5711(d)(vii).</P>
                <P>• The Trust's methodology for the calculation of its net asset value.</P>
                <P>• The Trust's trading volume for the previous day; and</P>
                <P>• The Trust's effective prospectus, in a form available for download.</P>
                <P>
                    Other than the proposed liquidity risk policies and procedures, which will be discussed further below, the proposed website disclosure requirements discussed above are based on previous proposed rule changes for specific series of Commodity-Based Trust Shares.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See supra</E>
                         note 6. These website disclosure requirements are also based on SEC Rule 6c-11.
                    </P>
                </FTNT>
                <P>
                    Proposed Rule 5711(d)(vi) will specify that the Trust may not seek, directly or indirectly, to provide investment returns that correspond to the performance of an index, benchmark, or reference value by a specified multiple, or to provide investment returns that have an inverse or multiple inverse relationship to the performance of an index, benchmark, or reference value, over a predetermined period of time.
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         The Exchange notes that this prohibition on leveraged and inverse ETPs mirrors the representations made in proposed rule changes for spot bitcoin and spot ether ETPs. 
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>Proposed Rule 5711(d)(vii) will specify the disclosure requirements for liquidity risk policies and procedures. In particular, if a Trust has on a daily basis less than 85% of its assets readily available to meet redemption requests, the Trust must have written liquidity risk policies and procedures reasonably designed to address the risk that it could not meet requests to redeem shares issued by the Trust without significant dilution of remaining shareholders' interest in the Trust. Such policies and procedures must be periodically reviewed (with such review occurring no less frequently than annually) by the Trust and must address the following, as applicable. For purposes of proposed Rule 5711(d)(vii), an asset is deemed not readily available to meet redemption requests if it is segregated, pledged, hypothecated, encumbered or otherwise restricted or prevented from being liquidated, sold, transferred, or assigned within one business day. Proposed subparagraphs (A)-(C) will specify what must be addressed in these written policies and procedures:</P>
                <P>• The Trust's investment strategy and liquidity of the Trust's assets during normal and stressed conditions, including holdings in derivatives and whether the investment strategy is appropriate for effective and efficient arbitrage.</P>
                <P>• Holdings of cash and cash equivalents, as well as borrowing arrangements and other funding sources.</P>
                <P>• Percentage and description of the Trust's assets that are segregated, pledged, hypothecated, encumbered, or otherwise restricted or prevented from being liquidated, sold, transferred, or assigned.</P>
                <P>The disclosure requirements around liquidity risk in proposed Rule 5711(d)(vii) are intended to cover situations such as staking by the Trust of its digital assets, particularly if the staked amount exceeds 15% or more of the Trust's assets on any given day and such staked assets are not readily available for redemption requests within one business day. In particular, the proposed disclosure requirements would ensure that the Trust develops policies and procedures around how the Trust would mitigate risks for failure to fulfill redemption requests, and to provide information to the investing public with respect to such policies and procedures.</P>
                <P>
                    Proposed Rule 5711(d)(viii), which is currently Rule 5711(d)(vi), will set forth the proposed initial and continued listing requirements for Commodity-Based Trust Shares.
                    <SU>22</SU>
                    <FTREF/>
                     For the initial listing standards in proposed Rule 5711(d)(viii)(A), the Exchange will continue to establish a minimum number of Commodity-Based Trust Shares required to be outstanding at the time of commencement of trading on the Exchange.
                    <SU>23</SU>
                    <FTREF/>
                     In addition, the Exchange proposes to add that all Commodity-Based Trust Shares shall have a stated investment objective, which shall be adhered to under normal market conditions.
                    <SU>24</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         The Exchange will delete current Rule 5711(d)(v) (Designation of an Underlying Commodity) as the substance of that rule is already set out in proposed Rule 5711(d)(i).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(A)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(A)(2).
                    </P>
                </FTNT>
                <P>
                    For the continued listing standards in proposed Rule 5711(d)(viii)(B), the Exchange will specify that it will maintain surveillance procedures for Trust shares listed under proposed Rule 5711(d).
                    <SU>25</SU>
                    <FTREF/>
                     The Exchange's existing continued listing requirements will remain substantively unchanged except as noted below. The Exchange also proposes to add two additional continued listing requirements within proposed Rule 5711(d). As amended, proposed Rule 5711(d)(viii)(B) would provide that the Exchange would consider suspension of trading in, and would initiate delisting proceedings under the Rule 5800 Series of, such series under any of the following circumstances:
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See</E>
                         Approval Order, 
                        <E T="03">supra</E>
                         note 7, at 19450.
                    </P>
                </FTNT>
                <P>
                    • if following the initial 12-month period following commencement of trading on the Exchange: (1) the Trust has more than 60 days remaining until termination and there are fewer than 50 record and/or beneficial holders of Commodity-Based Trust Shares; (2) the Trust has fewer than 50,000 Trust shares issued and outstanding; or (3) the market value of all Trust shares issued and outstanding is less than $1,000,000; 
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B)(1), which is the same listing requirement in current Rule 5711(d)(vi)(B)(1) except the Exchange is replacing the reference to “receipts” with “Trust shares.”
                    </P>
                </FTNT>
                <P>
                    • if an interruption to the dissemination of the value of the underlying reference asset(s) or index persists past the trading day in which it occurred or is no longer calculated or made widely available on at least a 15-
                    <PRTPAGE P="45094"/>
                    second basis from a source unaffiliated with the sponsor or the Trust; 
                    <SU>27</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B)(2), which is substantially similar to the listing requirement in current Rule 5711(d)(vi)(B)(2) except the Exchange is proposing to replace the reference to “commodity” to “reference asset(s) or index” to be accurate about what the Trust tracks and to align with the changes to the definition of Commodity-Based Trust Shares described above. The Exchange is also modifying the rule text to more closely align with the halt language proposed in proposed Rule 5711(d)(ix)(A)(1), as discussed later in this filing.
                    </P>
                </FTNT>
                <P>
                    • if an interruption to the dissemination of the Intraday Indicative Value persists past the trading day in which it occurred or is no longer made widely available to all market participants at the same time on at least a 15-second basis during the Regular Market Session; 
                    <SU>28</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B)(3), which is substantially similar to the listing requirement in current Rule 5711(d)(vi)(B)(3), except the Exchange is modifying the rule text to more closely align with the halt language proposed in proposed Rule 5711(d)(ix)(A)(2), as discussed later in this filing.
                    </P>
                </FTNT>
                <P>
                    • the net asset value is not calculated at least once daily or made widely available to all market participants at the same time; 
                    <SU>29</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B)(4). This is new language that aligns to the representations generally made in 19b-4 rule filings for Commodity-Based Trust Shares. 
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>
                    • the information as set forth in proposed Rule 5711(d) is no longer being disclosed in accordance with the website disclosure requirements of proposed Rule 5711(d)(v); 
                    <SU>30</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B)(5). This is new language that aligns to the representations generally made in 19b-4 rule filings for Commodity-Based Trust Shares. 
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>
                    • the Exchange submits a rule filing pursuant to Section 19(b) of the Securities Exchange Act of 1934 to permit the listing and trading of Commodity-Based Trust Shares that do not otherwise meet the standards set forth in proposed Rule 5711(d) and such series of Commodity-Based Trust Shares is not in compliance with any statements or representations included in the applicable rule proposal under Section 19(b) regarding: (a) the description of the index, reference assets or trust holdings; (b) limitations on the index, reference assets or trust holdings; (c) dissemination and availability of the index, reference asset or Intraday Indicative Values; or (d) the applicability of Nasdaq listing rules specified in such proposals; 
                    <SU>31</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B)(6), which is substantially similar to the listing requirement in current Rule 5711(d)(vi)(B)(4) except the Exchange is proposing to clarify that this requirement applies only in the context of a Commodity-Based Trust Share that is subject to the representations made in its individual 19b-4 filing instead of the generic listing standards proposed in this rule. The Exchange is also proposing to add references to “index” throughout this provision and to capitalize “Intraday Indicative Value.”
                    </P>
                </FTNT>
                <P>
                    • if any of the requirements set forth in proposed Rule 5711(d) are not continuously maintained; 
                    <SU>32</SU>
                    <FTREF/>
                     or
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B)(7), which is the same listing requirement in current Rule 5711(d)(vi)(B)(5).
                    </P>
                </FTNT>
                <P>
                    • if such other event shall occur or condition exists which, in the opinion of Nasdaq, makes further dealings on Nasdaq inadvisable.
                    <SU>33</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B)(8), which is the same listing requirement in current Rule 5711(d)(vi)(B)(6).
                    </P>
                </FTNT>
                <P>
                    As is the case today, upon termination of a Trust, the Exchange requires that Commodity-Based Trust Shares issued in connection with such Trust be removed from Nasdaq listing. A Trust may terminate in accordance with the provisions of the Trust prospectus, which may provide for termination if the value of the Trust falls below a specified amount.
                    <SU>34</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 5711(d)(viii)(B), which will be the same as current Rule 5711(vi)(B) except the Exchange is proposing to delete an errant reference to “entity.”
                    </P>
                </FTNT>
                <P>The Exchange proposes to delete current Rule 5711(d)(vi)(C)-(E), which presently sets forth certain requirements for the trust issuing Commodity-Based Trust Shares and its trustee. With the proposed changes in proposed Rule 5711(d)(iii)(A)(1) discussed above to broaden the types of entities that could issue Commodity-Based Trust Shares, the Exchange believes that the current provisions in Rule 5711(d)(vi)(C)-(E) are no longer appropriate and seeks to ensure that proposed Rule 5711(d) will be applicable overall to the entities specified in proposed Rule 5711(d)(iii)(A)(1).</P>
                <P>Proposed Rule 5711(ix) will set forth trading halt provisions. Specifically proposed Rule 5711(ix)(A) will provide that the Exchange may halt trading during the day in which the interruption to the following occurs. If the interruption persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. If Commodity-Based Trust Shares are trading on the Exchange pursuant to unlisted trading privileges, the Exchange will halt trading as specified in Equity 4, Rule 4120(b). In particular, the Exchange may halt trading in the following circumstances specified in proposed subparagraphs (1)-(3):</P>
                <P>
                    • the value of the underlying reference asset(s) or index is not made widely available on at least a 15-second basis from a source unaffiliated with the sponsor or the Trust.
                    <SU>35</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         This proposed provision is based on previously approved rule changes for specific series of Commodity-Based Trust Shares, and on Nasdaq's trading halt rules in Equity 4, Rule 4120(a)(9). 
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>
                    • the Intraday Indicative Value is not made widely available to all market participants at the same time on at least a 15-second basis during the Regular Market Session; 
                    <SU>36</SU>
                    <FTREF/>
                     or
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         This proposed provision is based on previous proposed rule changes for specific series of Commodity-Based Trust Shares, and on Nasdaq's trading halt rules in Equity 4, Rule 4120(a)(9). 
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>• the information as set forth in proposed Rule 5711(d) is not being disclosed in accordance with the website disclosure requirements of paragraph (v) above.</P>
                <P>
                    Proposed Rule 5711(d)(ix)(B) will provide that if the Exchange becomes aware that the net asset value is not disseminated to all market participants at the same time, it will halt trading in the Commodity-Based Trust Shares until such time as the net asset value is available to all market participants.
                    <SU>37</SU>
                    <FTREF/>
                     In addition, trading in the Commodity-Based Trust Shares will be halted under the conditions for Limit Up-Limit Down trading pauses in Rule 4120(a)(12) and for market-wide circuit breakers under Rule 4121.
                </P>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         This proposed provision is based on previous proposed rule changes for specific series of Commodity-Based Trust Shares, and on Nasdaq's trading halt rules in Equity 4, Rule 4120(a)(10). 
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>
                    Proposed Rule 5711(x) will set forth certain firewall requirements. Proposed Rule 5711(x)(1) will provide that if the value of a Commodity-Based Trust Share is based in whole or in part on an index that is maintained by a broker-dealer, the broker-dealer shall erect and maintain a “firewall” around the personnel responsible for the maintenance of such index or who have access to information concerning changes and adjustments to the index. Proposed Rule 5711(x)(2) will provide that any advisory committee, supervisory board, or similar entity that advises an index licensor or administrator or that makes decisions regarding the index composition, methodology, and related matters must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material, non-public information regarding the applicable index.
                    <SU>38</SU>
                    <FTREF/>
                     Proposed Rule 5711(x)(3) will provide that if the Trust is affiliated with any entity that has the ability to influence the price or supply of a commodity, or a commodity underlying a commodity-based asset, held by the Trust, the Trust shall (i) 
                    <PRTPAGE P="45095"/>
                    implement and maintain a “firewall” between any such entity and the Trust, (ii) have written policies and procedures designed to prevent the use and dissemination of material, non-public information regarding the Trust; and (iii) have written policies and procedures designed to prevent fraudulent, deceptive or manipulative acts, practices, or courses of business with respect to the Trust and such commodity. Proposed Rule 5711(x)(3) is a new requirement that is intended to cover instances where, for example with respect to a digital asset-based Commodity-Based Trust Shares, the Trust is affiliated with the protocol's developer or foundation, in which case there must be a firewall in place to prevent fraud and manipulation.
                </P>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         The proposed firewall requirements in Rule 5711(d)(x)(1) and (2) are substantively similar to those included in Rule 5704 (Exchange Traded Fund Shares) and 5705(b) (Index Fund Shares).
                    </P>
                </FTNT>
                <P>The Exchange will also renumber current Rule 5711(d)(vii) (Limitation of Nasdaq Liability) and (viii) (Market Maker Accounts) to proposed Rule 5711(d)(xi) and (xii). The Exchange also proposes to amend the Market Maker Accounts provision in current Rule 5711(d)(viii) (renumbered as proposed Rule 5711(xii)) to replace references of “related commodity futures or options on commodity futures, or any other related commodity derivatives” with the proposed defined term “commodity-based asset,” and make other clarifying changes throughout this provision.</P>
                <P>The Exchange also proposes to amend the commentary to Rule 5711(d) by first deleting Commentary .01, which currently provides that a Commodity-Based Trust Share is a Trust-Issued Receipt that holds a specified commodity deposited with the Trust. With the proposed changes to expand the definition of Commodity-Based Trust Shares in proposed Rule 5711(d)(iii)(A) as described above, the Exchange is deleting Commentary .01 to avoid potential confusion. With the deletion of Commentary .01, current Commentaries .02 and .03 will be renumbered as Commentaries .01 and .02 with no changes. The Exchange also proposes to add as new Commentary .03 a general provision that requires an issuer of Commodity-Based Trust Shares to notify the Exchange of any failure to comply with the continued listing requirements.</P>
                <P>
                    The Exchange believes that the proposed standards would continue to ensure transparency surrounding the listing process for Commodity-Based Trust Shares. Additionally, the Exchange believes that the proposed eligibility standards for the generic listing of Commodity-Based Trust Shares, many of which track existing representations made in the Approval Order and in the proposed rule changes for already-listed Commodity-Based Trust Shares, are reasonably designed to promote a fair and orderly market for such products.
                    <SU>39</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         
                        <E T="03">See supra</E>
                         note 6. 
                        <E T="03">See also</E>
                         Approval Order, 
                        <E T="03">supra</E>
                         note 7, at 19450-19451.
                    </P>
                </FTNT>
                <P>
                    In support of this proposal, the Exchange represents that: 
                    <SU>40</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         The Exchange made similar representations in the proposed rule changes for already-listed Commodity-Based Trust Shares and in the Approval Order. 
                        <E T="03">See supra</E>
                         note 6 and 7.
                    </P>
                </FTNT>
                <P>• the Exchange's surveillance procedures are adequate to continue to properly monitor the trading of Commodity-Based Trust Shares in all trading sessions and to deter and detect violations of Exchange rules. Specifically, the Exchange intends to utilize its existing surveillance procedures applicable to derivative products, which includes Commodity-Based Trust Shares, to monitor trading in Commodity-Based Trust Shares;</P>
                <P>• the issuer of a series of Commodity-Based Trust Shares will be required to comply with Rule 10A-3 under the Act for the initial and continued listing of Commodity-Based Trust Shares; and</P>
                <P>• prior to the commencement of trading of a particular series of Commodity-Based Trust Shares, the Exchange will inform its members in an information circular (“Information Circular”) of the special characteristics and risks associated with trading the Commodity-Based Trust Shares, including the procedures for creations and redemptions of Commodity-Based Trust Shares; suitability requirements under Nasdaq General 9, Section 10; how information regarding the IIV and NAV is disseminated; the risks involved in trading the Shares during the pre-market and post-market sessions when an updated IIV will not be calculated or publicly disseminated; the requirement that members deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and other trading information. The Information Circular will also discuss any exemptive, no action and interpretive relief granted by the Commission from any rules under the Act.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,
                    <SU>41</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(5) of the Act,
                    <SU>42</SU>
                    <FTREF/>
                     in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    The proposed rule change is designed to perfect the mechanism of a free and open market and, in general, to protect investors and the public interest because it would facilitate the listing and trading of additional Commodity-Based Trust Shares, which would enhance competition among market participants, to the benefit of investors and the marketplace. Specifically, after more than 13 years of the current process, whereby the Exchange is required to file a proposed rule change with the Commission for the listing and trading of each new series of Commodity-Based Trust Shares, the Exchange believes it is appropriate to codify certain rules within Rule 5711(d) that would generally eliminate the need for separate proposed rule changes. The Exchange believes that this would facilitate the listing and trading of additional types of Commodity-Based Trust Shares that have investment strategies similar to other Commodity-Based Trust Shares already approved for listing and trading, thereby creating greater efficiencies in the listing process for the Exchange and the Commission. In this regard, the Exchange notes that many of the standards proposed for Commodity-Based Trust Shares are based on previous proposed rule changes for specific series of Commodity-Based Trust Shares.
                    <SU>43</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>43</SU>
                         
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>
                    As discussed above, the Exchange is proposing to amend the definition of Commodity-Based Trust Shares in a number of ways. First, Commodity-Based Trust Shares could be issued, as proposed, by a trust, limited liability company, partnership, or other similar entity. Second, whereas Commodity-Based Trust Shares are currently based on underlying commodities only, the Exchange proposes that these ETPs could be based on underlying commodities, commodity-based assets, and securities, provided that the ETP would not be able to hold securities to the point where it could be considered an investment company pursuant to the Investment Company Act of 1940. The Exchange believes this flexibility with respect to the structure of the entity issuing Commodity-Based Trust Shares and the holdings underlying such securities would remove impediments to and perfect the mechanism of a free and open market, as well as promote competition, by promoting the listing and trading of additional types of 
                    <PRTPAGE P="45096"/>
                    Commodity-Based Trust Shares, to the benefit of all market participants.
                </P>
                <P>With respect to the proposed eligibility criteria in Rule 5711(d)(iv)(A), the proposed rule text introduces specific criteria that each commodity or commodity-asset based component of Commodity-Based Trust Shares must meet. The proposed criteria are designed to prevent fraudulent and manipulative acts and practices and to protect investors and the public interest for the reasons that follow. As discussed above, the proposed eligibility requirements in Rule 5711(d)(iv)(A)(1) and (2) are intended to ensure that the Exchange can monitor trading activity in the underlying commodity or CFTC-regulated futures market through a comprehensive surveillance sharing agreement, thereby facilitating the monitoring for fraud and manipulation. The eligibility requirement in proposed Rule 5711(d)(iv)(A)(3) is intended to cover underlying commodities that are already investible through existing ETFs, indicating a level of market acceptance and liquidity. In addition, the proposed eligibility requirement is intended to prevent regulatory arbitrage between ETPs registered under the Securities Act of 1933 and ETFs registered under the Investment Company Act of 1940. Overall, the Exchange believes that the foregoing criteria will help ensure fair and efficient markets. By including multiple routes to eligibility with verifiable and objective metrics, the Exchange believes that its proposal will ensure flexibility for product innovation while maintaining robust investor protections.</P>
                <P>
                    With respect to the proposed public website disclosure requirements in Rule 5711(d)(v), the Exchange notes that proposed rule changes approved by the Commission for already-listed series of Commodity-Based Trust Shares have similarly included disclosure requirements with respect to the Trust's holdings and valuation metrics.
                    <SU>44</SU>
                    <FTREF/>
                     These requirements will promote transparency to the benefit of all market participants, and would align with modern ETF-style disclosures in SEC Rule 6c-11.
                </P>
                <FTNT>
                    <P>
                        <SU>44</SU>
                         
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <P>With respect to the public website disclosure requirements for liquidity risk, the Exchange believes that the proposed requirement will promote just and equitable principles of trade and protect investors by ensuring that the Trust develops policies and procedures around how the Trust would mitigate risks for failure to fulfill redemption requests, and to provide information to the investing public with respect to such policies and procedures. As noted above, this provision would be triggered in situations including where the Trust stakes 15% or more of its assets on any given day, where, for example, such staked assets are not readily available for redemption requests within one business day.</P>
                <P>The Exchange believes that the new firewall requirements in proposed Rule 5711(d)(x) are consistent with the Act because they are intended to mitigate potential conflicts of interest and the misuse of material non-public information by affiliated entities, which will protect investors and the public interest. In addition, Commodity-Based Trust Shares will continue to be subject to the full panoply of Exchange rules and procedures that govern the trading of equity securities on the Exchange.</P>
                <P>In addition, the Exchange believes that the proposed changes to the Market Maker Accounts provisions in proposed Rule 5711(d)(xii), as discussed above, are consistent with the Act because they are intended to better align the rule text therein with the proposed changes to add a new defined term for “commodity-based asset,” and to make other clarifying changes. The proposed changes are intended to promote clarity, specificity, and better readability, and are not intended to alter the substance of the current rule. The Exchange believes that the proposed changes will bring transparency and clarity to its Rulebook.</P>
                <P>The Exchange believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices because Commodity-Based Trust Shares will be listed and traded on the Exchange pursuant to the initial and continued listing criteria in Rule 5711(d). The Exchange has in place surveillance procedures that are adequate to properly monitor trading in the Commodity-Based Trust Shares in all trading sessions and to deter and detect violations of Exchange rules and applicable federal securities laws. The Exchange or FINRA, on behalf of the Exchange, or both, will communicate as needed regarding trading in the Commodity-Based Trust Shares with other markets and other entities that are members of the ISG, and the Exchange or FINRA, on behalf of the Exchange, or both, may obtain trading information regarding trading in the Commodity-Based Trust Shares from such markets and other entities. In addition, the Exchange may obtain information regarding trading in the Commodity-Based Trust Shares via the ISG, from other exchanges that are members or affiliates of ISG, or with which the Exchange has in place a comprehensive surveillance sharing agreement.</P>
                <P>The Exchange also believes that the proposed rule change would fulfill the intended objective of Rule 19b-4(e) under the Act by allowing Commodity-Based Trust Shares that satisfy the proposed generic listing standards to be listed and traded without separate Commission approval. However, as proposed, the Exchange would continue to file separate proposed rule changes before listing and trading of Commodity-Based Trust Shares that do not satisfy the criteria described above.</P>
                <P>For these reasons, the Exchange believes that its proposal is consistent with the Act.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. Instead, the Exchange believes that the proposed rule change would facilitate the listing and trading of additional types of Commodity-Based Trust Shares and result in a significantly more efficient process surrounding the listing and trading of such ETPs, which will enhance competition among market participants, to the benefit of investors and the marketplace. The Exchange believes that this would reduce the time frame for bringing Commodity-Based Trust Shares to market, thereby reducing the burdens on issuers and other market participants, and promoting competition. In turn, the Exchange believes that the proposed rule change would make the process for listing Commodity-Based Trust Shares more competitive by applying uniform listing standards with respect to Commodity-Based Trust Shares.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>No written comments were either solicited or received.</P>
                <HD SOURCE="HD1">III. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change, as modified by Amendment No. 2, is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                    <PRTPAGE P="45097"/>
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov</E>
                    . Please include file number SR-NASDAQ-2025-056 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-NASDAQ-2025-056. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NASDAQ-2025-056 and should be submitted on or before October 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>45</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>45</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18047 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION</AGENCY>
                <DEPDOC>[Disaster Declaration #21292 and #21293; TEXAS Disaster Number TX-20060]</DEPDOC>
                <SUBJECT>Administrative Disaster Declaration of a Rural Area for the State of Texas</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Small Business Administration.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is notice of an Administrative disaster declaration of a rural area for the state of Texas dated September 15, 2025.</P>
                    <P>
                        <E T="03">Incident:</E>
                         Severe Storms, Straight-line Winds, and Flooding.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Issued on September 15, 2025.</P>
                    <P>
                        <E T="03">Incident Period:</E>
                         July 2, 2025 through July 18, 2025.
                    </P>
                    <P>
                        <E T="03">Physical Loan Application Deadline Date:</E>
                         November 14, 2025.
                    </P>
                    <P>
                        <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>
                         June 15, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Visit the MySBA Loan Portal at https://lending.sba.gov</E>
                         to apply for a disaster assistance loan.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sharon Henderson, Office of Disaster Recovery and Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given as a result of the Administrator's disaster declaration of a rural area, applications for disaster loans may be submitted online using the MySBA Loan Portal 
                    <E T="03">https://lending.sba.gov</E>
                     or in person at other locally announced locations. Please contact the SBA disaster assistance customer service center by email at 
                    <E T="03">dcs@sba.gov</E>
                     or by phone at 1-800-659-2955 for further assistance. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
                </P>
                <P>The following areas have been determined to be adversely affected by the disaster:</P>
                <FP SOURCE="FP-2">Primary Counties: Coke, Concho, Kendall, Mason, Sutton</FP>
                <P>The Interest Rates are:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s25,8">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Percent</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">For Physical Damage:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners with Credit Available Elsewhere</ENT>
                        <ENT>5.625</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners without Credit Available Elsewhere</ENT>
                        <ENT>2.813</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses with Credit Available Elsewhere</ENT>
                        <ENT>8.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Private Non-Profit Organizations with Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Private Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">For Economic Injury:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Business and Small Agricultural Cooperatives without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Private Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The number assigned to this disaster for physical damage is 212926 and for economic injury is 212930.</P>
                <P>The State which received an SBA Administrative Rural declaration is Texas.</P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance Number 59008)</FP>
                    <FP>(Authority: 13 CFR 123.3(b).)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>James Stallings,</NAME>
                    <TITLE>Associate Administrator, Office of Disaster Recovery and Resilience.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18071 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8026-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice: 12824]</DEPDOC>
                <SUBJECT>Foreign Terrorist Organization Designations of Harakat al-Nujaba, Kata'ib Sayyid al-Shuhada, Harakat Ansar Allah al-Awfiya, and Kata'ib al-Imam Ali</SUBJECT>
                <P>Based upon a review of the Administrative Records assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, I have concluded that there is a sufficient factual basis to find that the relevant circumstances described in section 219 of the Immigration and Nationality Act, as amended (hereinafter “INA”) (8 U.S.C. 1189), exist with respect to: Harakat al-Nujaba (also known as Harakat Hezbollah al-Nujaba, Movement of the Noble Ones Hezbollah, Golan Liberation Brigade, Ammar ibn Yasir Brigade, Imam al-Hasan al-Mujtaba Brigade, al-Hamad Brigade, al-Nujaba TV, The Movement of the Noble Ones); Kata'ib Sayyid al-Shuhada (also known as KSS, Battalion of the Sayyid's Martyrs, The Master of the Martyrs Brigade, Kata'ib Abu Fadl al-Abbas, Kata'ib Karbala); Harakat Ansar Allah al-Awfiya (also known as Harakat Ansar Allah al Awfiya fi Souriya, Ansar Alah Alofia, Kayan al-Sadiq wa al-Ataa, Harakat Al-Sadiq wa al-Ataa, God's Loyal Supporters, The Movement of the Loyal Partisans of God, Honesty and Giving Entity); and Kata'ib al-Imam Ali (also known as al-Imam Ali Battalions, Imam Ali Brigades, Kataib Rouh Allah Issa Ibn Miriam).</P>
                <P>Therefore, I hereby designate the aforementioned organizations and their respective aliases as Foreign Terrorist Organizations pursuant to section 219 of the INA.</P>
                <P>
                    This determination shall be published in the 
                    <E T="04">Federal Register</E>
                    . The designations go into effect upon publication.
                </P>
                <SIG>
                    <DATED>Dated: September 9, 2025.</DATED>
                    <NAME>Marco Rubio,</NAME>
                    <TITLE>Secretary of State.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-18014 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4710-AD-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SURFACE TRANSPORTATION BOARD</AGENCY>
                <DEPDOC>[Docket No. EP 290 (Sub-No. 5) (2025-4)]</DEPDOC>
                <SUBJECT>Quarterly Rail Cost Adjustment Factor</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Surface Transportation Board.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Approval of rail cost adjustment factor.</P>
                </ACT>
                <SUM>
                    <PRTPAGE P="45098"/>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Surface Transportation Board has adopted the fourth quarter 2025 Rail Cost Adjustment Factor and cost index filed by the Association of American Railroads.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Applicability Date:</E>
                         October 1, 2025.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Pedro Ramirez, (202) 915-0862. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245-0245.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The rail cost adjustment factor (RCAF) is an index formulated to represent changes in railroad costs incurred by the nation's largest railroads over a specified period of time. The Surface Transportation Board (Board) is required by law to publish the RCAF on at least a quarterly basis. Each quarter, the Association of American Railroads computes three types of RCAF figures and submits those figures to the Board for approval. The Board has reviewed the submission and adopts the RCAF figures for the fourth quarter of 2025. The fourth quarter 2025 RCAF (Unadjusted) is 0.966. The fourth quarter 2025 RCAF (Adjusted) is 0.372. The fourth quarter 2025 RCAF-5 is 0.352. Additional information is contained in the Board's decision, which is available at 
                    <E T="03">www.stb.gov.</E>
                </P>
                <SIG>
                    <DATED>Decided: September 12, 2025.</DATED>
                    <P>By the Board, Board Members Fuchs, Hedlund, and Schultz.</P>
                    <NAME>Tammy Lowery,</NAME>
                    <TITLE>Clearance Clerk.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18026 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4915-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">TENNESSEE VALLEY AUTHORITY</AGENCY>
                <SUBJECT>Continuation of the Regional Energy Resource Council and Regional Resource Stewardship Council</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Tennessee Valley Authority (TVA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Renewal and re-establishment of Federal Advisory Committees.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to the Federal Advisory Committee Act (FACA), the Regional Energy Resource Council (RERC) and Regional Resource Stewardship Council (RRSC) may continue for additional two-year periods.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Bekim Haliti, 
                        <E T="03">bhaliti@tva.gov,</E>
                         931-349-1894.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Pursuant to FACA and its implementing regulations, and following consultation with the Committee Management Secretariat, General Services Administration (GSA) in accordance with 41 CFR 102-3.60(a), notice is hereby given that the RERC and RRSC have been approved for additional two-year periods. The RERC will provide advice to TVA on its issues affecting energy resource activities. The RERC was originally established in 2013 to advise TVA on its energy resource activities and the priority to be placed among competing objectives and values. It has been determined that the RERC continues to be needed to provide an additional mechanism for public input regarding energy resource issues. The charter can be found at 
                    <E T="03">www.tva.com/rerc.</E>
                     The RRSC will provide advice to TVA on its issues affecting natural resources and stewardship activities. The RRSC was originally established in 2000 to advise TVA on its natural resources and stewardship activities and the priority to be placed among competing objectives and values. It has been determined that the RRSC continues to be needed to provide an additional mechanism for public input regarding natural resources and stewardship issues. The charter can be found at 
                    <E T="03">www.tva.com/rrsc.</E>
                </P>
                <SIG>
                    <DATED>Dated: September 15, 2025.</DATED>
                    <NAME>Melanie Farrell,</NAME>
                    <TITLE>TVA Designated Federal Officer, Tennessee Valley Authority.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18077 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8120-08-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No. FAA-2025-0269]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities:  Requests for Comments; Clearance of a Renewed Approval of Information Collection: Notice of Construction, Alteration and Deactivation of Airports</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, the FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection allows users of both federally obligated and non-obligated airports to activate and deactivate landing areas, change traffic patterns, change use types, and realign landing areas. The information to be collected will be used to conduct airport airspace analyses to understand the impact of proposed actions on existing and planned operating procedures, determine potential hazardous effects and objections, and identify any mitigating measures needed to enhance safe air navigation.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments should be submitted by November 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please send written comments:</P>
                    <P>
                        <E T="03">By Electronic Docket: www.regulations.gov</E>
                         (Enter docket number into search field).
                    </P>
                    <P>
                        <E T="03">By mail:</E>
                         Jason Knipp, Airports Data and Airspace Branch (AAS-120), Room 621, 6th Floor, Office of Airport Safety and Standards, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jason Knipp, Office of Airport Safety and Standards, by e-mail at: 
                        <E T="03">Jason.Knipp@faa.gov;</E>
                         phone: 816-329-3103.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Public Comments Invited:</E>
                     You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA's performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information.  The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     2120-0036.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Notice of Construction, Alteration and Deactivation of Airports.
                </P>
                <P>
                    <E T="03">Form Numbers:</E>
                     7480-1.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Renewal of an information collection.
                </P>
                <P>
                    <E T="03">Background:</E>
                     Title 14 Code of Federal Regulations Part 157, Notice of Construction, Alteration, Activation, and Deactivation of Airports, requires that each person who intends to establish, construct, deactivate, or change the status of an airport, runway, or taxiway notify the FAA of such activity. The FAA uses the information collected to determine the effect the proposed action will have on existing airports and on the safe and efficient use of airspace by aircraft, the effects on the existing structure of airspace or contemplated traffic patterns of neighboring airports, the effects on the projected programs of the FAA, and the effects that existing or proposed manmade objects (on file with the FAA) and natural objects within the affected 
                    <PRTPAGE P="45099"/>
                    area will have on the airport proposal. The FAA collects this information via an online reporting tool available on the FAA website or via FAA Form 7480-1.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     Approximately 552 annually.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     Information is collected on occasion.
                </P>
                <P>
                    <E T="03">Estimated Average Burden per Response:</E>
                     1 hour.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden:</E>
                     552 hours.
                </P>
                <SIG>
                    <DATED>Issued in Washington, DC, on September 16, 2025.</DATED>
                    <NAME>Christopher Criswell,</NAME>
                    <TITLE>Manager, Airport Data and Airspace Branch, Office of Airport Safety and Standards.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18069 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No. FAA-2025-2926]</DEPDOC>
                <SUBJECT>Notice of Rescission of Unmanned Aircraft Systems Operations Over People Declaration of Compliance, Tracking No. OOP000000176 for Skydio X10 With AVSS Parachute Recovery System (PRS-X10)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice rescinds an operations over people (OOP) declaration of compliance (DOC) for the Skydio X10 with AVSS Parachute Recovery System (PRS-X10) unmanned aircraft with the assigned tracking number OOP000000176 that the FAA accepted on August 26, 2024, effective immediately.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This action is effective September 18, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Benjamin Walsh, Aerospace Engineer, Flight Standards Emerging Technologies Division, AFS-700 by email at: 
                        <E T="03">ben.walsh@faa.gov;</E>
                         phone: 703-230-7664 x3275.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Background:</E>
                     Title 14, Code of Federal Regulations (14 CFR) part 107, subpart D, establishes requirements for unmanned aircraft operations over people in the airspace of the United States. A person that designs, produces, or modifies an unmanned aircraft for category 2 or category 3 operations over people must show that the unmanned aircraft complies with the requirements in § 107.120 or § 107.130 by following a FAA-accepted means of compliance (MOC). A person declares that an unmanned aircraft has been designed and produced to meet the applicable requirements of § 107.120 or § 107.130 by submitting a declaration of compliance (DOC) in accordance with the requirements in § 107.160 using the FAA's UAS Declaration of Compliance website (
                    <E T="03">uasdoc.faa.gov</E>
                    ).
                </P>
                <P>On August 26, 2024, the FAA evaluated and accepted a DOC application submitted by Aerial Vehicle Safety Solutions (AVSS) for the Skydio X10 with AVSS Parachute Recovery System (PRS-X10). The assigned tracking number was OOP000000176. On April 2, 2025, AVSS voluntarily requested that the FAA rescind the DOC for the Skydio X10 with AVSS Parachute Recovery System (PRS-X10). AVSS indicated that they are no longer supporting this unmanned aircraft configuration and that no production units were sold.</P>
                <P>
                    <E T="03">Basis for Recission:</E>
                     AVSS voluntarily requested the recission of the DOC for the Skydio X10 with AVSS Parachute Recovery System (PRS-X10) because it is no longer supporting the system. This will not affect any production units because none were sold. Based on this information, the FAA determined that a recission is warranted.
                </P>
                <P>
                    <E T="03">Recission:</E>
                     For the reasons stated herein, the FAA rescinds the DOC tracking number OOP000000176 for the Skydio X10 with AVSS Parachute Recovery System (PRS-X10) unmanned aircraft.
                </P>
                <SIG>
                    <DATED>Issued in Washington, DC, on September 16, 2025.</DATED>
                    <NAME>Marcus Cunningham,</NAME>
                    <TITLE>Manager, Emerging Technologies Division, AFS-700.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18099 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No. FAA-2025-2927]</DEPDOC>
                <SUBJECT>Notice of Rescission of Unmanned Aircraft Systems Operations Over People Declaration of Compliance, Tracking No. OOP000000178 for DJI Mavic 3 Multispectral (M3M) With AVSS Parachute Recovery System (PRS-M3E)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice rescinds an operations over people (OOP) declaration of compliance (DOC) for the DJI Mavic 3 Multispectral (M3M) with AVSS Parachute Recovery System (PRS-M3E) unmanned aircraft with the assigned tracking number OOP000000178 that the FAA accepted on August 29, 2024, effective immediately.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This action is effective October 18, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Benjamin Walsh, Aerospace Engineer, Flight Standards Emerging Technologies Division, AFS-700 by email at: 
                        <E T="03">ben.walsh@faa.gov;</E>
                         phone: 703-230-7664 x3275.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Background:</E>
                     Title 14, Code of Federal Regulations (14 CFR) part 107, subpart D, establishes requirements for unmanned aircraft operations over people in the airspace of the United States. A person that designs, produces, or modifies an unmanned aircraft for category 2 or category 3 operations over people must show that the unmanned aircraft complies with the requirements in § 107.120 or § 107.130 by following a FAA-accepted means of compliance (MOC). A person declares that an unmanned aircraft has been designed and produced to meet the applicable requirements of § 107.120 or § 107.130 by submitting a declaration of compliance (DOC) in accordance with the requirements in § 107.160 using the FAA's UAS Declaration of Compliance website (
                    <E T="03">uasdoc.faa.gov</E>
                    ).
                </P>
                <P>On August 29, 2024, the FAA evaluated and accepted a DOC application submitted by Aerial Vehicle Safety Solutions (AVSS) for the DJI Mavic 3 Multispectral (M3M) with AVSS Parachute Recovery System (PRS-M3E). The assigned tracking number was OOP000000178. On April 2, 2025, AVSS voluntarily requested that the FAA rescind the DOC for the DJI Mavic 3 Multispectral (M3M) with AVSS Parachute Recovery System (PRS-M3E). AVSS indicated that they are no longer supporting this unmanned aircraft configuration and the AVSS Parachute Recovery System is not compatible with the DJI Mavic 3 Multispectral unmanned aircraft series.</P>
                <P>
                    <E T="03">Basis for Recission:</E>
                     AVSS voluntarily requested the recission of the DOC for the DJI Mavic 3 Multispectral (M3M) with AVSS Parachute Recovery System (PRS-M3E) because it is no longer supporting the system. This will not affect any production units because the AVSS Parachute Recovery System is not compatible with the DJI Mavic 3 Multispectral unmanned aircraft series. Based on this information, the FAA determined that a recission is warranted.
                </P>
                <P>
                    <E T="03">Recission:</E>
                     For the reasons stated herein, the FAA rescinds the DOC 
                    <PRTPAGE P="45100"/>
                    tracking number OOP000000178 for the DJI Mavic 3 Multispectral (M3M) with AVSS Parachute Recovery System (PRS-M3E) unmanned aircraft.
                </P>
                <SIG>
                    <DATED>Issued in Washington, DC, on September 16, 2025.</DATED>
                    <NAME>Marcus Cunningham,</NAME>
                    <TITLE>Manager, Emerging Technologies Division, AFS-700.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18100 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>National Highway Traffic Safety Administration</SUBAGY>
                <DEPDOC>[Docket No.: NHTSA-2025-0226]</DEPDOC>
                <SUBJECT>Motorcyclist Advisory Council </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; solicitation of nominations for membership.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department solicits nominations for membership to serve on the Motorcyclist Advisory Council (MAC), which is intended to coordinate with and advise the Secretary of Transportation, the NHTSA Administrator, and the Federal Highway Administration Administrator on transportation issues of concern to motorcyclists, including motorcycle and motorcyclist safety; barrier and road design, construction, and maintenance practices; and the architecture and implementation of intelligent transportation system technologies.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The deadline for nominations for Council members must be received on or before October 20, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>All nomination materials should refer to the docket number above and be submitted by one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Portal: https://www.regulations.gov.</E>
                         Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        LaCheryl E. Jones, Highway Safety Specialist, Office of Safety Programs, Office of Research and Program Development, National Highway Traffic Safety Administration, U.S. Department of Transportation, 
                        <E T="03">lacheryl.jones@dot.gov</E>
                         or (202) 774-8308. All Council-related questions should be sent to the person listed in this section.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>MAC is an advisory committee established by the Secretary of Transportation on September 19, 2023 in accordance with 49 U.S.C. 355, and it is operated in accordance with the Federal Advisory Committee Act, 5 U.S.C. ch. 10. The purpose of MAC is to advise on transportation safety issues of concern to motorcyclists, including:</P>
                <P>1. Motorcycle and motorcyclist safety;</P>
                <P>2. Barrier and road design, construction, and maintenance practices; and</P>
                <P>3. The architecture and implementation of intelligent transportation system technologies.</P>
                <P>In particular, MAC will:</P>
                <P>1. Provide advice on transportation safety issues of concern to motorcyclists consistent with the statutorily specified advising duties;</P>
                <P>2. Provide a forum for the development, consideration, and communication of information from a knowledgeable and independent perspective; and</P>
                <P>3. Not less than once every 2 years, submit to the Secretary a report containing recommendations of the Council regarding (a.) motorcycle and motorcyclist safety; (b.) barrier and road design, construction, and maintenance practices; and (c.) the architecture and implementation of intelligent transportation system technologies.</P>
                <P>The Council will terminate on September 19, 2029 and is subject to renewal every two years. The Council is expected to meet twice a Federal fiscal year. Unless otherwise required by law or approved by the Secretary, all meetings will be held virtually. In this notice, the Department is soliciting nominations for membership to the Council. The Council shall report to the Secretary through the NHTSA Administrator. The Council comprises 13 members, representing the following groups:</P>
                <P>1. Five (5) shall be representatives of units of State or local government with expertise relating to highway engineering and safety issues, including—</P>
                <P>a. Motorcycle and motorcyclist safety;</P>
                <P>b. Barrier and road design, construction, and maintenance; or</P>
                <P>c. Intelligent transportation systems;</P>
                <P>2. One (1) shall be a motorcyclist who serves as a State or local—</P>
                <P>a. Traffic and safety engineer;</P>
                <P>b. Design engineer; or</P>
                <P>c. Other transportation department official;</P>
                <P>3. One (1) shall be a representative of a national association of State transportation officials;</P>
                <P>4. One (1) shall be a representative of a national motorcyclist association;</P>
                <P>5. One (1) shall be a representative of a national motorcyclist foundation;</P>
                <P>6. One (1) shall be a representative of a national motorcycle manufacturing association;</P>
                <P>7. One (1) shall be a representative of a motorcycle manufacturing company headquartered in the United States;</P>
                <P>8. One (1) shall be a roadway safety data expert with expertise relating to crash testing and analysis; and</P>
                <P>9. One (1) shall be a member of a national safety organization that represents the traffic safety systems industry. 49 U.S.C. 355(b)(1).</P>
                <P>Members are appointed by the Secretary of Transportation for a single term of 2 years. Past members of the Council are welcome to apply. The Department is interested in ensuring membership is balanced fairly in terms of the points of view represented and the functions to be performed by the Council.</P>
                <P>
                    <E T="03">Process and Deadline for Submitting Nominations:</E>
                     Qualified individuals can self-nominate or be nominated by any individual or organization. To be considered for MAC, applicants should submit the following information:
                </P>
                <P>(1) Name, title, and relevant contact information (including phone, fax, and email address) of the individual requesting consideration;</P>
                <P>(2) A letter of support from a company, union, trade association, academic, or nonprofit organization on letterhead containing a brief description why the nominee should be considered for membership;</P>
                <P>(3) A short biography of the nominee, including professional and academic credentials; and</P>
                <P>(4) An affirmative statement that the nominee meets all Council eligibility requirements.</P>
                <P>Please do not send company, trade association, or organization brochures or any other information. Materials submitted should total two pages or less. Should more information be needed, DOT staff will contact the nominee, obtain information from the nominee's past affiliations, or obtain information from publicly available sources, such as the internet.</P>
                <P>Nominations must be received before October 20, 2025. Nominees selected for appointment to the Council will be notified by email and a letter of appointment.</P>
                <SIG>
                    <PRTPAGE P="45101"/>
                    <P>Issued in Washington, DC.</P>
                    <NAME>Jane Terry,</NAME>
                    <TITLE>Acting Associate Administrator, Research and Program Development.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18097 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-59-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>National Highway Traffic Safety Administration</SUBAGY>
                <DEPDOC>[Docket No. NHTSA-2024-0028]</DEPDOC>
                <SUBJECT>National Emergency Medical Services Advisory Council</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (Department or DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; solicitation of nominations for membership.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department solicits nominations for membership to serve on the National Emergency Medical Services Advisory Council (NEMSAC). The purpose of NEMSAC is to serve as a nationally recognized council of Emergency Medical Services (EMS) representatives and consumers to provide advice and recommendations regarding EMS to DOT. Through NHTSA, NEMSAC's advice is provided to the Secretary of Transportation and the Federal Interagency Committee on Emergency Medical Services (FICEMS).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Nominations for NEMSAC membership must be received on or before October 20, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>All nomination materials should refer to the docket number above and be submitted by one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Email:</E>
                          
                        <E T="03">NEMSAC@dot.gov.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Portal: https://www.regulations.gov.</E>
                         Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W44-324, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Attention: Clary Mole, NHTSA Office of EMS.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Clary Mole, EMS Specialist, Office of Emergency Medical Services, 
                        <E T="03">Clary.Mole@dot.gov</E>
                         or 202-868-3275. All NEMSAC-related questions should be sent to the person listed in this section.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Background:</E>
                     NEMSAC is an advisory committee established by the Secretary of Transportation pursuant to 42 U.S.C. 300d-4 and operated in accordance with the Federal Advisory Committee Act, 5 U.S.C. ch. 10. NEMSAC provides information, advice, and recommendations to the Secretary of Transportation via the Administrator of NHTSA, and through NHTSA to FICEMS on matters relating to all aspects of development and implementation of EMS. The Council is expected to meet quarterly, and unless otherwise required by law or approved by the Secretary, all meetings will be held virtually.
                </P>
                <P>In this notice, the Department is soliciting nominations for membership to the Council. The Committee shall comprise 25 members, representing sectors of the EMS profession and industry. Members will serve two-year terms. Members may be reappointed but may not serve more than two consecutive terms unless the Secretary determines that term extensions or additional terms are required to ensure representation of all sectors of EMS. Past members of the advisory committee are welcome to apply. The Department is interested in ensuring membership is balanced fairly in terms of the points of view represented and the functions to be performed by the advisory committee.</P>
                <P>
                    <E T="03">Description of Duties:</E>
                     NEMSAC is authorized to:
                </P>
                <P>a. Consider information and topics on EMS issues presented by NHTSA's Office of EMS and make recommendations and dispense advise to the Secretary of Transportation and FICEMS. NEMSAC may be tasked to provide recommendations or advice relating to EMS topics, such as:</P>
                <P>• Expanded use of the National EMS Information System (NEMSIS)—the database used to store EMS data from the U.S., States, and territories.</P>
                <P>• Use of NEMSIS for applied research and development of standards, guidelines, and performance benchmarks that are evidence-based.</P>
                <P>• Development of Federal programs that will both improve the delivery of EMS throughout the Nation and coordination among Federal agencies supporting local, regional, State, Tribal, and territorial EMS, and 911 systems.</P>
                <P>• National EMS system quality improvement projects and programs that will strengthen the resiliency of EMS systems into one that is inherently more adaptable, innovative, accessible, integrated, prepared, sustainable, and safe.</P>
                <P>• Enhancements that promote, strengthen, and increase medical and operational education, professional development, safety, recruitment, retention, use of technology, healthcare system data linkages, etc.</P>
                <P>b. Respond to requests for consultation on EMS issues from the Secretary of Transportation and FICEMS through the NHTSA Office of EMS.</P>
                <P>c. Prepare an annual report to the Secretary of Transportation regarding its actions and recommendations.</P>
                <P>
                    <E T="03">Membership:</E>
                     In accordance with the NEMSAC charter, members should represent a cross-section of the agencies, organizations, and individuals involved in EMS activities and programs in the United States. NEMSAC comprises 25 members, each of whom shall be appointed by the Secretary of Transportation, in coordination with the U.S. Departments of Homeland Security and Health and Human Services through their respective representatives on FICEMS. NEMSAC members shall represent collectively all sectors of the EMS community. NEMSAC's broad-based membership will ensure that it has sufficient EMS system expertise to reflect the whole EMS community. Representatives will be selected based on materials submitted. To the extent practical, NEMSAC membership may include representation from the following sectors of the EMS community:
                </P>
                <FP SOURCE="FP-1">• Volunteer EMS</FP>
                <FP SOURCE="FP-1">• Fire-based (career) EMS</FP>
                <FP SOURCE="FP-1">• Private (career non-fire) EMS</FP>
                <FP SOURCE="FP-1">• Hospital-based EMS</FP>
                <FP SOURCE="FP-1">• Tribal EMS</FP>
                <FP SOURCE="FP-1">• Air Medical EMS</FP>
                <FP SOURCE="FP-1">• Local EMS Service Officials</FP>
                <FP SOURCE="FP-1">• EMS Physicians</FP>
                <FP SOURCE="FP-1">• Emergency Physicians</FP>
                <FP SOURCE="FP-1">• Trauma Surgeons</FP>
                <FP SOURCE="FP-1">• Pediatric Emergency Physicians</FP>
                <FP SOURCE="FP-1">• State EMS Officials</FP>
                <FP SOURCE="FP-1">• State Highway Safety Officials</FP>
                <FP SOURCE="FP-1">• EMS Educators</FP>
                <FP SOURCE="FP-1">• State/Local 911 Officials</FP>
                <FP SOURCE="FP-1">• EMS Data Management Officials</FP>
                <FP SOURCE="FP-1">• EMS Quality Improvement Officials</FP>
                <FP SOURCE="FP-1">• EMS Researchers</FP>
                <FP SOURCE="FP-1">• Emergency Nurses</FP>
                <FP SOURCE="FP-1">• Hospital Administration</FP>
                <FP SOURCE="FP-1">• Public Health Officials</FP>
                <FP SOURCE="FP-1">• Emergency Management Officials</FP>
                <FP SOURCE="FP-1">• EMS Clinicians</FP>
                <FP SOURCE="FP-1">• Consumers (not directly affiliated with healthcare)</FP>
                <FP SOURCE="FP-1">• State or local legislative bodies</FP>
                <P>
                    NHTSA is seeking members to serve in a representative capacity on NEMSAC, and not as Special Government Employees. Members will be selected for their ability to represent 
                    <PRTPAGE P="45102"/>
                    interests from across the EMS community, but no member will represent a specific organization. NEMSAC members will not receive pay or other compensation from NHTSA for their NEMSAC service, but are entitled to reimbursement of their travel expenses, including per diem. NEMSAC meets in plenary session approximately three to four times per year. NHTSA is seeking to fill all EMS sector representative vacancies.
                </P>
                <P>
                    <E T="03">Process and Deadline for Submitting Nominations:</E>
                     Qualified individuals can self-nominate or be nominated by any individual or organization. An application for appointment must be submitted to one of the locations listed in the 
                    <E T="02">ADDRESSES</E>
                     section by the deadline listed in the 
                    <E T="02">DATES</E>
                     section and include the following materials:
                </P>
                <P>• A Resume or Curriculum Vitae containing the applicant's full name, title, and relevant contact information (home address, phone number, email address) of the individual requesting consideration.</P>
                <P>• At least two (2) but no more than four (4) letters of recommendation from a company, union, trade association, academic, or nonprofit organization, or individual on letterhead containing a brief description of why the applicant should be considered for appointment.</P>
                <P>• A short biography of the nominee, including professional and academic credentials.</P>
                <P>• An affirmative statement that the nominee meets all Council eligibility requirements.</P>
                <P>• A letter of interest that identifies the EMS sector the applicant seeks to represent. Please do not send company, trade association, or organization brochures or any other information. Should more information be needed, DOT staff will contact the nominee, obtain information from the nominee's past affiliations, or obtain information from publicly available sources, such as the internet.</P>
                <P>Nominations must be received before October 20, 2025. Nominees selected for appointment to the Council will be notified by email and a letter of appointment.</P>
                <SIG>
                    <P>Issued in Washington, DC.</P>
                    <NAME>Jane Terry,</NAME>
                    <TITLE>Acting Associate Administrator, Research and Program Development.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18096 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-59-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>National Highway Traffic Safety Administration</SUBAGY>
                <DEPDOC>[Docket No. NHTSA-2025-0011]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Request for Comment; National Roadside Survey of Alcohol and Drug Prevalence of Road Users: 2025</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments on a new information collection.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) abstracted below will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected burden. The National Highway Traffic Safety Administration (NHTSA) intends to conduct a new information collection for a National Roadside Survey (NRS) of alcohol and other drug prevalence among drivers and other road users (ORUs; 
                        <E T="03">e.g.,</E>
                         pedestrians, bicyclists, electric scooter riders, and those with mobility aids). NHTSA will conduct two studies. Study 1 will focus on drivers but include convenience sampling of ORUs passing by the driver data collection locations. Study 2 is a pilot test assessing the feasibility of an NRS specific to ORUs. Both will collect breath and oral fluid specimens, demographic information, and self-report questionnaire data on roads across the country. Participation will be voluntary and anonymous. A 
                        <E T="04">Federal Register</E>
                         notice with a 60-day comment period soliciting comments on the following information collection was published on November 20, 2024. NHTSA received 6 comments, which we address below.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be submitted on or before October 20, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection, including suggestions for reducing burden, should be submitted to the Office of Management and Budget at 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         To find this particular information collection, select “Currently under Review—Open for Public Comment” or use the search function.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For additional information or access to background documents, contact Stacy Jeleniewski, Contracting Officer's Representative, Office of Behavioral Safety Research (NPD-310), 
                        <E T="03">stacy.jeleniewski@dot.gov,</E>
                         National Highway Traffic Safety Administration, W46-491, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the PRA (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ), a Federal agency must receive approval from the Office of Management and Budget (OMB) before it collects certain information from the public and a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB control number. In compliance with these requirements, this notice announces that the following information collection request will be submitted to OMB.
                </P>
                <P>
                    <E T="03">Title:</E>
                     National Roadside Survey of Alcohol and Drug Prevalence of Road Users: 2025.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     New.
                </P>
                <P>
                    <E T="03">Form Numbers:</E>
                     NHTSA Forms #1762, 1763, 1764.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Request for approval of a new information collection.
                </P>
                <P>
                    <E T="03">Type of Review Requested:</E>
                     Regular.
                </P>
                <P>
                    <E T="03">Requested Expiration Date of Approval:</E>
                     3 years from date of approval.
                </P>
                <P>
                    <E T="03">Summary of the Collection of Information:</E>
                     NHTSA is seeking approval to conduct two studies. Study 1 will focus on drivers but include convenience sampling of ORUs passing by the data collection locations. Study 2 is a Pilot Test assessing the feasibility of an NRS specific to ORUs. Both will collect breath and oral fluid specimens, demographic information, and self-report questionnaire data on roads across the country. Participation will be voluntary and anonymous.
                </P>
                <P>Study 1 will recruit drivers at the roadside to test for alcohol and other selected drugs known, or suspected, to impair cognitive and motor skills important for driving safety. The study will operate data collection research teams across the country to collect breath samples, oral fluid specimens, and questionnaire data to be analyzed to achieve NHTSA's research objectives. The study will allow NHTSA to estimate the population-level prevalence of alcohol- and other drug-positive driving on roadways in the U.S. for the selected days and times. Information will also be requested from other road users who pass by the Study 1 data collection locations.</P>
                <P>
                    Study 2 examines the viability of a stand-alone roadside nationwide survey 
                    <PRTPAGE P="45103"/>
                    focused solely on ORUs. This effort uses 20 new data collection locations, inclusive of 4 PSUs with 5 locations in each. This effort is to inform NHTSA on the feasibility of such a targeted roadside survey, and to determine the level of effort to execute a nationwide study of ORUs. The same procedures as Study 1 will be used.
                </P>
                <P>
                    <E T="03">Description of the Need for the Information and Proposed Use of the Information:</E>
                     NHTSA was established to reduce deaths, injuries, and economic losses resulting from motor vehicle crashes on the Nation's highways. As part of this statutory mandate, NHTSA is authorized to conduct research for the development of traffic safety programs. Subchapter V of Chapter 301 of Title 49 of the United States Code (U.S.C.) authorizes the Secretary of Transportation to conduct motor vehicle safety research. 49 U.S.C. 30182. Pursuant to Section 1.95 of Title 49 of the Code of Federal Regulations (CFR), the Secretary has delegated this authority to the National Highway Traffic Safety Administration (NHTSA). Additionally, Title 23, United States Code, Chapter 4, Section 403 gives the Secretary of Transportation (NHTSA by delegation) authorization to use funds appropriated to conduct research and development activities. The agency develops, promotes, and implements educational, engineering, and enforcement programs with the goal of ending preventable tragedies and reducing economic costs associated with vehicle use and highway travel. Current data is essential to develop appropriate approaches to improve traffic safety. This is especially true for information on impaired driving, both for alcohol, and for drug use and driving where data is much more limited.
                </P>
                <P>Drugs affect biology, perception, psychomotor ability, and behavior. With the exception of alcohol, however, relatively little is known about the prevalence of drugged driving currently on U.S. roadways because of the complexities associated with collecting, analyzing, and reporting information on other drug use. Given the number of States legalizing medicinal and/or recreational use of cannabis, and other issues such as the increase in opioid use in the U.S., more information is needed on the level of alcohol-involved and other drug-involved driving on the nation's roadways to better inform NHTSA's countermeasure development efforts.</P>
                <P>NHTSA and other traffic safety stakeholders have sought to learn about these issues through varied methodological approaches. For Study 1, researchers will collaborate with State and local officials to collect data at the roadside at 300 roadway locations (60 primary sampling units [PSUs], also known as “sites,” with 5 roadway locations each) across the country. Roadside surveys such as this provide objective measures of alcohol and other drugs in drivers' systems at the time they are actually driving, based on tests results from breath samples and oral fluid samples collected using established sample collection methods. All samples will then be tested, and results confirmed by a leading forensic toxicology laboratory. This approach will allow for the estimation of alcohol and other drug prevalence among the non-crash-involved general driving population in the U.S. for the selected days and times studied.</P>
                <P>Study 1 also explores whether it is possible to collect information from ORUs encountered at the driver data collection locations including individuals in transit on foot, on a bicycle, electric scooter, or with a mobility aid.</P>
                <P>
                    Study 2 is a separate test to determine the viability of a stand-alone roadside survey focused solely on ORUs (
                    <E T="03">i.e.,</E>
                     excluding drivers) to estimate the population level prevalence of alcohol and other drug use among other road user types for specified days and times. Study 2 will select 20 new data collection locations to recruit a convenience sample of ORUs.
                </P>
                <P>The results of this project will assist NHTSA as the agency develops its programmatic activities aimed at reducing crashes and fatalities that may be associated with the use of alcohol and/or other drugs. It is expected the results of this study will be compared to future studies to monitor alcohol and other drug prevalence trends over time on the nation's roadways.</P>
                <P>
                    <E T="03">60-Day Notice:</E>
                     A 
                    <E T="04">Federal Register</E>
                     notice with a 60-day comment period soliciting public comments on the following information collection was published on November 20, 2024 (89 FR 43505). Five comments were received during the comment period; One additional comment was received the next day. The American Association of Motor Vehicle Administrators (AAMVA) expressed support for the project, stating they are “supportive of the opportunity to have greater transparency into safety data that can help roadway safety researchers and practitioners to better understand the prevalence of drivers with one or more drugs in their system while driving.” Four comments were made by individuals but were not relevant to the information collection. The Insurance Institute for Highway Safety (IIHS) provided comments, after the deadline, on January 22, 2025. The IIHS expressed support for the project, specifically, that “a 2025 survey is important for providing up-to-date alcohol and drug prevalence estimates among drivers” and “agrees that other road users such as pedestrians, bicyclists, and electric scooter riders will be a useful addition to the survey, as the number of non-occupant fatalities on U.S. roadways has been increasing in recent years.” There were no adverse comments, and no changes were made to this information collection in response to comments.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Study 1 will recruit volunteers who are drivers of passenger motor vehicles on active roadways at the 300 selected sampling locations. ORUs passing by the Study 1 data collection locations will also be recruited to participate. The site and location sampling are based on recruitment of drivers. For ORUs, participants will be recruited to the extent they are available at the locations. Study 2 will focus specifically on ORUs (
                    <E T="03">i.e.,</E>
                     excluding drivers) at 20 new sampling locations across 4 PSUs to assess the feasibility of conducting a stand-alone nationwide roadside survey on these vulnerable road user populations.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     Participation in this study will be voluntary and anonymous. Study 1 expects to contact approximately 11,750 drivers at the selected sampling locations with 9,000 agreeing to participate. Based on the last NRS results, it is expected 8,000 drivers will fully participate and 1,000 will partially participate (
                    <E T="03">i.e.,</E>
                     stops providing information before full data collection is complete). Study 1 also expects to contact 750 ORUs at the Study 1 data collection locations with 500 fully participating and 60 partially participating. Study 2 of only ORUs expects to contact approximately 750 individuals with 500 fully participating and 60 partially participating.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     Both Study 1 and Study 2 are one-time data collections. Because 5 data collection locations are located in each PSU, there is a remote chance an individual could participate more than once in either effort. Because data collection is anonymous, it will not be possible to know if an individual participates more than once. However, this is not likely and not expected, as potential participants will not know data collection locations or times ahead of time, and the time at any location will be limited.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     The total annual burden hours for the two studies is estimated to be 
                    <PRTPAGE P="45104"/>
                    531 hours. The total amount of burden across both studies combined is estimated to be 1,593 hours. This includes approximately 1,500 hours for the 9,000 participants (8,000 Study 1 drivers, 500 Study 1 ORUs, 500 Study 2 ORUs) who will fully participate. The expected completion time for each individual is 10 minutes. The remaining 93 hours are for the 1,120 people who will partially participate (1,000 Study 1 drivers, 60 Study 1 ORUs, 60 Study 2 ORUs). It is expected these individuals will spend 5 minutes on average for partial participation. The total amount of burden cost to respondents to participate across both studies is estimated to be $72,640 (see Table 1). The total annual burden cost to respondents is $24,213.
                </P>
                <GPOTABLE COLS="6" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,11,11,18,16,18">
                    <TTITLE>Table 1—Summary of Total Burden Hours and Estimated Costs by Respondent Type</TTITLE>
                    <BOXHD>
                        <CHED H="1">Type of respondent</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Minutes per
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Hourly wage +
                            <LI>30% fringe</LI>
                            <LI>($35.07 + $10.52) *</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>estimated</LI>
                            <LI>burden</LI>
                            <LI>hours</LI>
                        </CHED>
                        <CHED H="1">
                            Estimated
                            <LI>cost</LI>
                        </CHED>
                    </BOXHD>
                    <ROW EXPSTB="05" RUL="s">
                        <ENT I="21">
                            <E T="02">Study 1 (NRS)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Driver fully participates</ENT>
                        <ENT>8,000</ENT>
                        <ENT>10</ENT>
                        <ENT>$45.59</ENT>
                        <ENT>1,333.33</ENT>
                        <ENT>$60,786.51</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Driver partially participates</ENT>
                        <ENT>1,000</ENT>
                        <ENT>5</ENT>
                        <ENT>45.59</ENT>
                        <ENT>83.33</ENT>
                        <ENT>3,799.01</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="03">Subtotal</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>64,585.52</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ORU fully participates</ENT>
                        <ENT>500</ENT>
                        <ENT>10</ENT>
                        <ENT>45.59</ENT>
                        <ENT>83.33</ENT>
                        <ENT>3,799.01</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">ORU partially participates</ENT>
                        <ENT>60</ENT>
                        <ENT>5</ENT>
                        <ENT>45.59</ENT>
                        <ENT>5</ENT>
                        <ENT>227.95</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="03">Subtotal</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>4,026.96</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>1,504.99 (1,505)</ENT>
                        <ENT>68,612.48 (68,612)</ENT>
                    </ROW>
                    <ROW EXPSTB="05" RUL="s">
                        <ENT I="21">
                            <E T="02">Study 2 (ORU Pilot)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">ORU fully participates</ENT>
                        <ENT>500</ENT>
                        <ENT>10</ENT>
                        <ENT>45.59</ENT>
                        <ENT>83.33</ENT>
                        <ENT>3,799.01</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">ORU partially participates</ENT>
                        <ENT>60</ENT>
                        <ENT>5</ENT>
                        <ENT>45.59</ENT>
                        <ENT>5</ENT>
                        <ENT>227.95</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>88.33 (88)</ENT>
                        <ENT>4,026.96 (4,027)</ENT>
                    </ROW>
                    <ROW EXPSTB="05" RUL="s">
                        <ENT I="21">
                            <E T="02">Both Studies Combined</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Fully participates</ENT>
                        <ENT>9,000</ENT>
                        <ENT>10</ENT>
                        <ENT>45.59</ENT>
                        <ENT>1,500.00</ENT>
                        <ENT>68,385.00</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Partially participates</ENT>
                        <ENT>1,120</ENT>
                        <ENT>5</ENT>
                        <ENT>45.59</ENT>
                        <ENT>93.33</ENT>
                        <ENT>4,254.91</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">
                            <E T="03">Grand Total</E>
                        </ENT>
                        <ENT>10,120</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT>1,593.33 (1,593)</ENT>
                        <ENT>72,639.91 (72,640)</ENT>
                    </ROW>
                    <TNOTE>
                        * See July 2024 total private average hourly wages from the U.S. Bureau of Labor Statistics at 
                        <E T="03">https://www.bls.gov/news.release/empsit.t19.htm;.</E>
                         Fully loaded wage is inclusive of a 30% addition to the base hourly wage to account for fringe benefits.
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Estimated Total Annual Burden Cost:</E>
                     Participation in this study is voluntary and there are no costs to respondents beyond the time spent hearing about the study and participating in data collection if they decide to participate. Participants will incur no burden related to annual reporting or record keeping due to the collection of this new information.
                </P>
                <P>
                    <E T="03">Public Comments Invited:</E>
                     You are asked to comment on any aspects of this information collection, including (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (b) the accuracy of the Department's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended; 49 CFR 1.49; and DOT Order 1351.29A.
                </P>
                <SIG>
                    <NAME>Jane Terry,</NAME>
                    <TITLE>Acting Associate Administrator, Research and Program Development.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18068 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-59-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Office of Foreign Assets Control</SUBAGY>
                <SUBJECT>Notice of OFAC Sanctions Action</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Foreign Assets Control, Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons and vessels that have been placed on OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC's determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This action was issued on September 11, 2025. See 
                        <E T="02">Supplementary Information</E>
                         for relevant dates.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        OFAC: Associate Director for Global Targeting, 202-622-2420; Assistant Director for Licensing, 202-622-2480; Assistant Director for Sanctions Compliance, 202-622-2490 or 
                        <E T="03">https://ofac.treasury.gov/contact-ofac.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Electronic Availability</HD>
                <P>
                    The SDN List and additional information concerning OFAC sanctions programs are available on OFAC's website: 
                    <E T="03">https://ofac.treasury.gov.</E>
                </P>
                <HD SOURCE="HD1">Notice of OFAC Action</HD>
                <P>On September 11, 2025, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below.</P>
                <BILCOD>BILLING CODE 4810-AL-P</BILCOD>
                <GPH SPAN="3" DEEP="563">
                    <PRTPAGE P="45105"/>
                    <GID>EN18SE25.000</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="45106"/>
                    <GID>EN18SE25.001</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="45107"/>
                    <GID>EN18SE25.002</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="45108"/>
                    <GID>EN18SE25.003</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="45109"/>
                    <GID>EN18SE25.004</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="45110"/>
                    <GID>EN18SE25.005</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="45111"/>
                    <GID>EN18SE25.006</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="45112"/>
                    <GID>EN18SE25.007</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="45113"/>
                    <GID>EN18SE25.008</GID>
                </GPH>
                <GPH SPAN="3" DEEP="436">
                    <PRTPAGE P="45114"/>
                    <GID>EN18SE25.009</GID>
                </GPH>
                <SIG>
                    <NAME>Bradley T. Smith,</NAME>
                    <TITLE>Director, Office of Foreign Assets Control.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18093 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-AL-C</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION</AGENCY>
                <SUBJECT>Notice of Open Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S.-China Economic and Security Review Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of open public meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given of the following meeting of the U.S.-China Economic and Security Review Commission. The Commission is mandated by Congress to investigate, assess, and report to Congress annually on the “the national security implications of the economic relationship between the United States and the People's Republic of China.” Pursuant to this mandate, the Commission will hold a public meeting to review and edit drafts of the 2025 Annual Report to Congress.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting is scheduled for October 9, 2025 at 9:00 a.m.</P>
                    <P>Reach out to the below contact for any updates to this schedule.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        444 North Capitol Street NW, Room 333, Washington, DC 20001. Public seating is limited and will be available on a “first-come, first-served” basis. 
                        <E T="03">Reservations are not required to attend.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Any member of the public seeking further information concerning the meetings should contact Jameson Cunningham, 444 North Capitol Street NW, Suite 602, Washington, DC 20001; telephone: 202-624-1496, or via email at 
                        <E T="03">jcunningham@uscc.gov</E>
                        . 
                        <E T="03">Reservations are not required to attend the meetings.</E>
                    </P>
                    <P>
                        <E T="03">ADA Accessibility:</E>
                         For questions about the accessibility of the event or to request an accommodation, please contact Jameson Cunningham at 202-624-1496, or via email at 
                        <E T="03">jcunningham@uscc.gov.</E>
                         Requests for an accommodation should be made as soon as possible, and at least five business days prior to the event.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     Pursuant to the Commission's mandate, members of the Commission will meet to review and edit drafts of the 2025 Annual Report to Congress. Relevant provisions of the Federal Advisory Committee Act (FACA) apply to the Commission with the enactment of the Science, State, Justice, Commerce and Related Agencies 
                    <PRTPAGE P="45115"/>
                    Appropriations Act, 2006 that was signed into law on November 22, 2005 (Pub. L. 109-108). In accordance with applicable provisions of FACA, the Commission opens to the public certain meetings concerning the substance of its 2025 Annual Report to Congress.
                </P>
                <P>
                    <E T="03">Topics to Be Discussed:</E>
                     The review and editing session will cover material prepared for the 2025 Annual Report based on Commission hearings this year; a review of economics, trade, security and foreign affairs developments in 2025 including those relating to Taiwan and Hong Kong; and other matters in the Commission's mandate the Commission chooses to take up in deliberation of the Annual Report.
                </P>
                <P>
                    <E T="03">Required Accessibility Statement:</E>
                     This meeting will be open to the public. The Commission may recess the meeting to address administrative issues in closed session. The Commission will also recess the meeting around noon for a lunch break. At the beginning of the lunch break, the Chair will announce what time the meeting will reconvene.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     Congress created the U.S.-China Economic and Security Review Commission in 2000 in the National Defense Authorization Act (Pub. L. 106-398), as amended by Public Laws No. 107-67 (November 12, 2001), No. 108-7 (February 20, 2003), 109-108 (November 22, 2005), No. 110-161 (December 26, 2007), No. 113-291 (December 19, 2014), and No. 117-286 (December 27, 2022).
                </P>
                <SIG>
                    <DATED>Dated: September 16, 2025.</DATED>
                    <NAME>Christopher P. Fioravante,</NAME>
                    <TITLE>Deputy Executive Director, U.S.-China Economic and Security Review Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-18081 Filed 9-17-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 1137-00-P</BILCOD>
        </NOTICE>
    </NOTICES>
</FEDREG>
