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    <VOL>91</VOL>
    <NO>32</NO>
    <DATE>Wednesday, February 18, 2026</DATE>
    <UNITNAME>Contents</UNITNAME>
    <CNTNTS>
        <AGCY>
            <EAR>
                Agriculture
                <PRTPAGE P="iii"/>
            </EAR>
            <HD>Agriculture Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Animal and Plant Health Inspection Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Forest Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Rural Utilities Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Animal</EAR>
            <HD>Animal and Plant Health Inspection Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Petition:</SJ>
                <SJDENT>
                    <SJDOC>Bayer U.S.-Crop Science; Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for MON 94637 Lepidopteran-protected Soybean (Glycine max), </SJDOC>
                    <PGS>7421</PGS>
                    <FRDOCBP>2026-03154</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Pioneer Hi-Bred International, Inc.; Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for Insect Resistant and Herbicide-Tolerant DAS-01131-3 Maize (Corn), </SJDOC>
                    <PGS>7422</PGS>
                    <FRDOCBP>2026-03152</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Pioneer Hi-Bred International, Inc.; Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for Insect Resistant and Herbicide-Tolerant DP-910521-2 Maize (Corn), </SJDOC>
                    <PGS>7422-7423</PGS>
                    <FRDOCBP>2026-03151</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Syngenta Seeds, LLC; Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for Insect Resistant MZIR260 Maize (Zea mays L.), </SJDOC>
                    <PGS>7423-7424</PGS>
                    <FRDOCBP>2026-03153</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Antitrust Division</EAR>
            <HD>Antitrust Division</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Proposed Final Judgment and Competitive Impact Statement:</SJ>
                <SJDENT>
                    <SJDOC>United States v. Reddy Ice LLC, et al., </SJDOC>
                    <PGS>7634-7684</PGS>
                    <FRDOCBP>2026-03102</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Architectural</EAR>
            <HD>Architectural and Transportation Barriers Compliance Board</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Accessibility Standards for Universal Changing Stations, </DOC>
                    <PGS>7412-7415</PGS>
                    <FRDOCBP>2026-03199</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Centers Disease</EAR>
            <HD>Centers for Disease Control and Prevention</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>7485-7490</PGS>
                    <FRDOCBP>2026-03100</FRDOCBP>
                      
                    <FRDOCBP>2026-03101</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Centers Medicare</EAR>
            <HD>Centers for Medicare &amp; Medicaid Services</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>7492-7493</PGS>
                    <FRDOCBP>2026-03118</FRDOCBP>
                </DOCENT>
                <SJ>Medicare and Medicaid Programs:</SJ>
                <SJDENT>
                    <SJDOC>Announcement of Application from a Hospital Requesting Waiver for Organ Procurement Service Area (High Point Regional Health), </SJDOC>
                    <PGS>7490-7491</PGS>
                    <FRDOCBP>2026-03110</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Announcement of Application from a Hospital Requesting Waiver for Organ Procurement Service Area (WRMC Hospital Operating Corp.), </SJDOC>
                    <PGS>7491-7492</PGS>
                    <FRDOCBP>2026-03111</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Application from a Hospital Requesting Waiver for Organ Procurement Service Area (Alleghany County Memorial Hospital, Inc.), </SJDOC>
                    <PGS>7493-7494</PGS>
                    <FRDOCBP>2026-03119</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Board</EAR>
            <HD>Civil Rights Cold Case Records Review Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Formal Determination on Records Release, </DOC>
                    <PGS>7430</PGS>
                    <FRDOCBP>2026-03210</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Civil Rights</EAR>
            <HD>Civil Rights Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>South Carolina Advisory Committee, </SJDOC>
                    <PGS>7431-7432</PGS>
                    <FRDOCBP>2026-03182</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>7430-7431</PGS>
                    <FRDOCBP>2026-03179</FRDOCBP>
                      
                    <FRDOCBP>2026-03180</FRDOCBP>
                      
                    <FRDOCBP>2026-03181</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Coast Guard</EAR>
            <HD>Coast Guard</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Safety Zone:</SJ>
                <SJDENT>
                    <SJDOC>Fireworks Displays within the USCG East District (formerly Fifth Coast Guard District); The Wharf, Washington, D.C., </SJDOC>
                    <PGS>7400</PGS>
                    <FRDOCBP>2026-03183</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>San Juan Harbor, San Juan, PR, </SJDOC>
                    <PGS>7399-7400</PGS>
                    <FRDOCBP>2026-03138</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Request for Information:</SJ>
                <SJDENT>
                    <SJDOC>Proposal to Relocate the International Regulations for Preventing Collisions at Sea Demarcation Line, Atlantic Coast, New York Harbor, </SJDOC>
                    <PGS>7508</PGS>
                    <FRDOCBP>2026-03209</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>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Patent and Trademark Office</P>
            </SEE>
        </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>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>General Policy for Pricing and Charging for Materials and Services Sold by the Department of Energy, </DOC>
                    <PGS>7405-7412</PGS>
                    <FRDOCBP>2026-03159</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>7469-7471</PGS>
                    <FRDOCBP>2026-03165</FRDOCBP>
                      
                    <FRDOCBP>2026-03184</FRDOCBP>
                </DOCENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Environmental Management Site-Specific Advisory Board, Northern New Mexico, </SJDOC>
                    <PGS>7471-7472</PGS>
                    <FRDOCBP>2026-03178</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Environmental Management Site-Specific Advisory Board, Savannah River Site, </SJDOC>
                    <PGS>7471</PGS>
                    <FRDOCBP>2026-03177</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Environmental Protection</EAR>
            <HD>Environmental Protection Agency</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act, </DOC>
                    <PGS>7686-7796</PGS>
                    <FRDOCBP>2026-03157</FRDOCBP>
                </DOCENT>
                <SJ>Toxic Substances Control Act:</SJ>
                <SJDENT>
                    <SJDOC>Certain Provisions of Trichloroethylene, </SJDOC>
                    <PGS>7401-7402</PGS>
                    <FRDOCBP>2026-03155</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Clean Water Act Hazardous Substance Facility Response Plans; Amendment Reconsideration, </DOC>
                    <PGS>7415-7420</PGS>
                    <FRDOCBP>2026-03220</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental Assessments; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Alaska State Historic Preservation Officer, </SJDOC>
                    <PGS>7481-7484</PGS>
                    <FRDOCBP>2026-03106</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Aviation</EAR>
            <HD>Federal Aviation Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>IFR Altitudes; Miscellaneous Amendments, </DOC>
                    <PGS>7395-7399</PGS>
                    <FRDOCBP>2026-03150</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Communications</EAR>
            <HD>Federal Communications Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Privacy Act; Matching Program, </DOC>
                    <PGS>7484-7485</PGS>
                    <FRDOCBP>2026-03108</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>
                Federal Energy
                <PRTPAGE P="iv"/>
            </EAR>
            <HD>Federal Energy Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>7473-7474</PGS>
                    <FRDOCBP>2026-03174</FRDOCBP>
                </DOCENT>
                <SJ>Application:</SJ>
                <SJDENT>
                    <SJDOC>Eagle Creek Sartell Hydro, LLC, </SJDOC>
                    <PGS>7480-7481</PGS>
                    <FRDOCBP>2026-03176</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>PacifiCorp, </SJDOC>
                    <PGS>7475</PGS>
                    <FRDOCBP>2026-03175</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>STS Hydropower, LLC, Charter Township of Van Buren, MI, </SJDOC>
                    <PGS>7472-7473</PGS>
                    <FRDOCBP>2026-03113</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Combined Filings, </DOC>
                    <PGS>7472, 7477-7479</PGS>
                    <FRDOCBP>2026-03172</FRDOCBP>
                      
                    <FRDOCBP>2026-03173</FRDOCBP>
                </DOCENT>
                <SJ>Environmental Assessments; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>City of Aspen, </SJDOC>
                    <PGS>7479-7480</PGS>
                    <FRDOCBP>2026-03115</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Lake Lynn Generation, LLC, </SJDOC>
                    <PGS>7481</PGS>
                    <FRDOCBP>2026-03116</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>STS Hydropower, LLC, Charter Township of Van Buren, MI, </SJDOC>
                    <PGS>7473</PGS>
                    <FRDOCBP>2026-03114</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>7474-7475</PGS>
                    <FRDOCBP>2026-03171</FRDOCBP>
                </DOCENT>
                <SJ>Request under Blanket Authorization:</SJ>
                <SJDENT>
                    <SJDOC>Florida Gas Transmission Co., LLC, </SJDOC>
                    <PGS>7475-7477</PGS>
                    <FRDOCBP>2026-03117</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Highway</EAR>
            <HD>Federal Highway Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>7620-7621</PGS>
                    <FRDOCBP>2026-03087</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Motor</EAR>
            <HD>Federal Motor Carrier Safety Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Exemption Application:</SJ>
                <SJDENT>
                    <SJDOC>Parts and Accessories Necessary for Safe Operation; Truck-Lite Co., LLC, </SJDOC>
                    <PGS>7621-7623</PGS>
                    <FRDOCBP>2026-03168</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Railroad</EAR>
            <HD>Federal Railroad Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>7623-7625</PGS>
                    <FRDOCBP>2026-03146</FRDOCBP>
                      
                    <FRDOCBP>2026-03147</FRDOCBP>
                      
                    <FRDOCBP>2026-03148</FRDOCBP>
                </DOCENT>
            </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>7485</PGS>
                    <FRDOCBP>2026-03204</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Transit</EAR>
            <HD>Federal Transit Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Limitation on Claims against Proposed Public Transportation Project:</SJ>
                <SJDENT>
                    <SJDOC>Buffalo-Amherst-Tonawanda Corridor Expansion Project, Buffalo, New York, </SJDOC>
                    <PGS>7625-7626</PGS>
                    <FRDOCBP>2026-03137</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Drug</EAR>
            <HD>Food and Drug Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Data to Support Social and Behavioral Research as Used by the Food and Drug Administration, </SJDOC>
                    <PGS>7496-7497</PGS>
                    <FRDOCBP>2026-03099</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Electronic Products Requirements, </SJDOC>
                    <PGS>7504-7507</PGS>
                    <FRDOCBP>2026-03097</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Emerging Drug Safety Technology Program, </SJDOC>
                    <PGS>7501-7502</PGS>
                    <FRDOCBP>2026-03093</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Generic Clearance for Quick Turnaround Testing of Communication Effectiveness, </SJDOC>
                    <PGS>7503-7504</PGS>
                    <FRDOCBP>2026-03095</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Patent Term Restoration; Due Diligence Petitions; Filing, Format, and Content of Petitions, </SJDOC>
                    <PGS>7497-7499</PGS>
                    <FRDOCBP>2026-03094</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Q-Submission and Early Payor Feedback Request Programs and Medical Device Development Tools, </SJDOC>
                    <PGS>7495-7496</PGS>
                    <FRDOCBP>2026-03096</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, </SJDOC>
                    <PGS>7499-7500</PGS>
                    <FRDOCBP>2026-03098</FRDOCBP>
                </SJDENT>
                <SJ>Drug Products Not Withdrawn from Sale for Reasons of Safety or Effectiveness:</SJ>
                <SJDENT>
                    <SJDOC>Tolectin DS (Tolmetin Sodium) Capsule, Equivalent to 400 Milligrams Base, </SJDOC>
                    <PGS>7500-7501</PGS>
                    <FRDOCBP>2026-03213</FRDOCBP>
                </SJDENT>
                <SJ>Issuance of Priority Review Voucher:</SJ>
                <SJDENT>
                    <SJDOC>Rare Pediatric Disease Product; Zevaskyn (prademagene zamikeracel), </SJDOC>
                    <PGS>7494-7495</PGS>
                    <FRDOCBP>2026-03211</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Forest</EAR>
            <HD>Forest Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Land Management Plan Revision:</SJ>
                <SJDENT>
                    <SJDOC>Tongass National Forest; AK, </SJDOC>
                    <PGS>7424-7429</PGS>
                    <FRDOCBP>2026-03197</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Health and Human</EAR>
            <HD>Health and Human Services Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Centers for Disease Control and Prevention</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Centers for Medicare &amp; Medicaid Services</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Drug Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Institutes of Health</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Homeland</EAR>
            <HD>Homeland Security Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Coast Guard</P>
            </SEE>
        </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>Ginnie Mae Digital Collateral Program, </SJDOC>
                    <PGS>7510</PGS>
                    <FRDOCBP>2026-03161</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Public Housing Reform; Change in Admission and Occupancy Requirements, </SJDOC>
                    <PGS>7508-7509</PGS>
                    <FRDOCBP>2026-03162</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Indian Affairs</EAR>
            <HD>Indian Affairs Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Alcoholic Beverage Control Ordinance:</SJ>
                <SJDENT>
                    <SJDOC>Salt River Pima-Maricopa Indian Community of the Salt River Reservation, AZ, </SJDOC>
                    <PGS>7510-7519</PGS>
                    <FRDOCBP>2026-03105</FRDOCBP>
                </SJDENT>
                <SJ>Liquor Control Ordinance:</SJ>
                <SJDENT>
                    <SJDOC>Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, CA, </SJDOC>
                    <PGS>7519-7523</PGS>
                    <FRDOCBP>2026-03107</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Interior</EAR>
            <HD>Interior Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Indian Affairs Bureau</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Land Management Bureau</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>International Trade Adm</EAR>
            <HD>International Trade Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Antidumping or Countervailing Duty Investigations, Orders, or Reviews:</SJ>
                <SJDENT>
                    <SJDOC>Certain Aluminum Foil from the People's Republic of China, </SJDOC>
                    <PGS>7437-7439</PGS>
                    <FRDOCBP>2026-03205</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Certain Corrosion-Resistant Steel Products from the Republic of Korea, </SJDOC>
                    <PGS>7436-7437</PGS>
                    <FRDOCBP>2026-03207</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Circular Welded Carbon Steel Pipes and Tubes from Thailand, </SJDOC>
                    <PGS>7441-7442</PGS>
                    <FRDOCBP>2026-03193</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Fresh Mushrooms from Canada, </SJDOC>
                    <PGS>7440-7441</PGS>
                    <FRDOCBP>2026-03194</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Fresh Tomatoes from Mexico, </SJDOC>
                    <PGS>7439-7440</PGS>
                    <FRDOCBP>2026-03195</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Stainless Steel Bar from India, </SJDOC>
                    <PGS>7442-7444</PGS>
                    <FRDOCBP>2026-03103</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Stainless Steel Flanges from India, </SJDOC>
                    <PGS>7433-7436</PGS>
                    <FRDOCBP>2026-03202</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Export Trade Certificate of Review, </DOC>
                    <PGS>7432-7433</PGS>
                    <FRDOCBP>2026-03158</FRDOCBP>
                </DOCENT>
                <SJ>Sales at Less Than Fair Value; Determinations, Investigations, etc.:</SJ>
                <SJDENT>
                    <SJDOC>High Purity Dissolving Pulp from Brazil and Norway, </SJDOC>
                    <PGS>7445</PGS>
                    <FRDOCBP>2026-03196</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>Paper File Folders from Cambodia, </SJDOC>
                    <PGS>7524-7525</PGS>
                    <FRDOCBP>2026-03104</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <PRTPAGE P="v"/>
                    <SJDOC>Steel Concrete Reinforcing Bar from Mexico and Turkey, </SJDOC>
                    <PGS>7524</PGS>
                    <FRDOCBP>2026-03135</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Justice Department</EAR>
            <HD>Justice Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Antitrust Division</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Financial Capability Form, </SJDOC>
                    <PGS>7527-7528</PGS>
                    <FRDOCBP>2026-03090</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Incident-Based Reporting System, </SJDOC>
                    <PGS>7525-7526</PGS>
                    <FRDOCBP>2026-03091</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Office for Victims of Crime Training and Technical Assistance Center, </SJDOC>
                    <PGS>7527</PGS>
                    <FRDOCBP>2026-03212</FRDOCBP>
                </SJDENT>
                <SJ>Proposed Consent Decree:</SJ>
                <SJDENT>
                    <SJDOC>Clean Air Act, </SJDOC>
                    <PGS>7526-7527</PGS>
                    <FRDOCBP>2026-03187</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Labor Department</EAR>
            <HD>Labor Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Occupational Safety and Health Administration</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>7528-7532</PGS>
                    <FRDOCBP>2026-03145</FRDOCBP>
                </DOCENT>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Cadmium in Construction Standard, </SJDOC>
                    <PGS>7532</PGS>
                    <FRDOCBP>2026-03142</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Land</EAR>
            <HD>Land Management Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Alaska Native Claims Selection, </DOC>
                    <PGS>7523-7524</PGS>
                    <FRDOCBP>2026-03149</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Maritime</EAR>
            <HD>Maritime Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Use of Foreign-Built Small Passenger Vessel in United States Coastwise Trade:</SJ>
                <SJDENT>
                    <SJDOC>M/V Life of Riley, </SJDOC>
                    <PGS>7630-7631</PGS>
                    <FRDOCBP>2026-03192</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>M/V Seaira, </SJDOC>
                    <PGS>7628-7629</PGS>
                    <FRDOCBP>2026-03188</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>M/V Tagged and Released, </SJDOC>
                    <PGS>7629-7630</PGS>
                    <FRDOCBP>2026-03189</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>M/V Vindicated, </SJDOC>
                    <PGS>7627-7628</PGS>
                    <FRDOCBP>2026-03190</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>S/V Zelee, </SJDOC>
                    <PGS>7626-7627</PGS>
                    <FRDOCBP>2026-03191</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>NASA</EAR>
            <HD>National Aeronautics and Space Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Categorical Exclusion Adoption, </DOC>
                    <PGS>7535-7540</PGS>
                    <FRDOCBP>2026-03109</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Institute</EAR>
            <HD>National Institutes of Health</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Center for Scientific Review, </SJDOC>
                    <PGS>7507-7508</PGS>
                    <FRDOCBP>2026-03200</FRDOCBP>
                      
                    <FRDOCBP>2026-03201</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Oceanic</EAR>
            <HD>National Oceanic and Atmospheric Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Fisheries of the Exclusive Economic Zone off Alaska:</SJ>
                <SJDENT>
                    <SJDOC>Pacific Cod by Catcher Vessels Less Than 50 Feet Length Overall Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska, </SJDOC>
                    <PGS>7403-7404</PGS>
                    <FRDOCBP>2026-03170</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska, </SJDOC>
                    <PGS>7402-7403</PGS>
                    <FRDOCBP>2026-03185</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Endangered and Threatened Species:</SJ>
                <SJDENT>
                    <SJDOC>90-Day Finding on Petitions to List the Atlantic horseshoe crab (Limulus polyphemus) under the Endangered Species Act, </SJDOC>
                    <PGS>7448-7468</PGS>
                    <FRDOCBP>2026-03198</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Pacific Fishery Management Council, </SJDOC>
                    <PGS>7445-7446</PGS>
                    <FRDOCBP>2026-03166</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>South Atlantic Fishery Management Council, </SJDOC>
                    <PGS>7446-7447</PGS>
                    <FRDOCBP>2026-03167</FRDOCBP>
                </SJDENT>
                <SJ>Permits; Applications, Issuances, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Marine Mammals and Endangered Species, </SJDOC>
                    <PGS>7447</PGS>
                    <FRDOCBP>2026-03186</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Science</EAR>
            <HD>National Science Foundation</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Charter Amendments, Establishments, Renewals and Terminations:</SJ>
                <SJDENT>
                    <SJDOC>Proposal Review Panel for Emerging Frontiers and Multidisciplinary Activities, </SJDOC>
                    <PGS>7540-7542</PGS>
                    <FRDOCBP>2026-03164</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Nuclear Regulatory</EAR>
            <HD>Nuclear Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Charter Amendments, Establishments, Renewals and Terminations:</SJ>
                <SJDENT>
                    <SJDOC>Advisory Committee on the Medical Uses of Isotopes, </SJDOC>
                    <PGS>7542</PGS>
                    <FRDOCBP>2026-03144</FRDOCBP>
                </SJDENT>
                <SJ>Exemption:</SJ>
                <SJDENT>
                    <SJDOC>Holtec Palisades, LLC; Palisades Nuclear Plant, </SJDOC>
                    <PGS>7542-7545</PGS>
                    <FRDOCBP>2026-03169</FRDOCBP>
                </SJDENT>
                <SJ>Licenses; Exemptions, Applications, Amendments, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Constellation Energy Generation, LLC; Limerick Generating Station, Unit 1; License Amendment Application; Partial Withdrawal by Applicant, </SJDOC>
                    <PGS>7545-7546</PGS>
                    <FRDOCBP>2026-03163</FRDOCBP>
                </SJDENT>
                <SJ>Permits; Applications, Issuances, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Duke Energy Carolinas, LLC;  Belews Creek, </SJDOC>
                    <PGS>7546</PGS>
                    <FRDOCBP>2026-03139</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Occupational Safety Health Adm</EAR>
            <HD>Occupational Safety and Health Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Nationally Recognized Testing Laboratories:</SJ>
                <SJDENT>
                    <SJDOC>Nemko North America, Inc.; Grant of Expansion of Recognition, </SJDOC>
                    <PGS>7534-7535</PGS>
                    <FRDOCBP>2026-03143</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>UL LLC; Application for Expansion of Recognition, </SJDOC>
                    <PGS>7532-7534</PGS>
                    <FRDOCBP>2026-03141</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Patent</EAR>
            <HD>Patent and Trademark Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Patent and Patent Trial and Appeal Board Pro Bono Programs, </SJDOC>
                    <PGS>7468-7469</PGS>
                    <FRDOCBP>2026-03203</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal Regulatory</EAR>
            <HD>Postal Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>New Postal Products, </DOC>
                    <PGS>7546-7547</PGS>
                    <FRDOCBP>2026-03208</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Presidential Documents</EAR>
            <HD>Presidential Documents</HD>
            <CAT>
                <HD>ADMINISTRATIVE ORDERS</HD>
                <DOCENT>
                    <DOC>Cuba; Continuation of National Emergency and Emergency Authority With Respect to Regulation of Anchorage and Movement of Vessels (Notice of February 13, 2026), </DOC>
                    <PGS>7797-7800</PGS>
                    <FRDOCBP>2026-03272</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Libya; Continuation of National Emergency (Notice of February 13, 2026), </DOC>
                    <PGS>7801-7802</PGS>
                    <FRDOCBP>2026-03279</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Rural Utilities</EAR>
            <HD>Rural Utilities Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>7429-7430</PGS>
                    <FRDOCBP>2026-03140</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Securities</EAR>
            <HD>Securities and Exchange Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Application:</SJ>
                <SJDENT>
                    <SJDOC>Harbor Funds, et al., </SJDOC>
                    <PGS>7602-7603</PGS>
                    <FRDOCBP>2026-03121</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Investcorp US Private Credit BDC II and CM Investment Partners LLC, </SJDOC>
                    <PGS>7547</PGS>
                    <FRDOCBP>2026-03122</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Pursuit Asset-Based Income Fund, et al., </SJDOC>
                    <PGS>7564</PGS>
                    <FRDOCBP>2026-03123</FRDOCBP>
                </SJDENT>
                <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
                <SJDENT>
                    <SJDOC>BOX Exchange LLC, </SJDOC>
                    <PGS>7600-7602</PGS>
                    <FRDOCBP>2026-03125</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Financial Industry Regulatory Authority, Inc., </SJDOC>
                    <PGS>7570-7581</PGS>
                    <FRDOCBP>2026-03127</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Long-Term Stock Exchange, Inc., </SJDOC>
                    <PGS>7548-7549, 7581-7583</PGS>
                    <FRDOCBP>2026-03130</FRDOCBP>
                      
                    <FRDOCBP>2026-03131</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <PRTPAGE P="vi"/>
                    <SJDOC>Miami International Securities Exchange, LLC, </SJDOC>
                    <PGS>7549-7563</PGS>
                    <FRDOCBP>2026-03132</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MIAX Emerald, LLC, </SJDOC>
                    <PGS>7564-7567, 7605-7620</PGS>
                    <FRDOCBP>2026-03124</FRDOCBP>
                      
                    <FRDOCBP>2026-03126</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MIAX PEARL, LLC, </SJDOC>
                    <PGS>7583-7600</PGS>
                    <FRDOCBP>2026-03133</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Securities Clearing Corp., </SJDOC>
                    <PGS>7567-7570</PGS>
                    <FRDOCBP>2026-03128</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>NYSE Arca, Inc., </SJDOC>
                    <PGS>7603-7605</PGS>
                    <FRDOCBP>2026-03129</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Small Business</EAR>
            <HD>Small Business Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Disaster Declaration:</SJ>
                <SJDENT>
                    <SJDOC>Tennessee; Public Assistance Only, </SJDOC>
                    <PGS>7620</PGS>
                    <FRDOCBP>2026-03134</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Transportation Department</EAR>
            <HD>Transportation Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Aviation Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Highway Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Motor Carrier Safety Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Railroad Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Transit Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Maritime Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>DFC</EAR>
            <HD>U.S. International Development Finance Corporation</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>7469</PGS>
                    <FRDOCBP>2026-03160</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <PTS>
            <HD SOURCE="HED">Separate Parts In This Issue</HD>
            <HD>Part II</HD>
            <DOCENT>
                <DOC>Justice Department, Antitrust Division, </DOC>
                <PGS>7634-7684</PGS>
                <FRDOCBP>2026-03102</FRDOCBP>
            </DOCENT>
            <HD>Part III</HD>
            <DOCENT>
                <DOC>Environmental Protection Agency, </DOC>
                <PGS>7686-7796</PGS>
                <FRDOCBP>2026-03157</FRDOCBP>
            </DOCENT>
            <HD>Part IV</HD>
            <DOCENT>
                <DOC>Presidential Documents, </DOC>
                <PGS>7797-7802</PGS>
                <FRDOCBP>2026-03272</FRDOCBP>
                  
                <FRDOCBP>2026-03279</FRDOCBP>
            </DOCENT>
        </PTS>
        <AIDS>
            <HD SOURCE="HED">Reader Aids</HD>
            <P>Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.</P>
            <P>To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.</P>
        </AIDS>
    </CNTNTS>
    <VOL>91</VOL>
    <NO>32</NO>
    <DATE>Wednesday, February 18, 2026</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <RULES>
        <RULE>
            <PREAMB>
                <PRTPAGE P="7395"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 95</CFR>
                <DEPDOC>[Docket No. 31651; Amdt. No. 590]</DEPDOC>
                <SUBJECT>IFR Altitudes; Miscellaneous Amendments</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective 0901 UTC, March 19, 2026.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Rune Duke, Manager (Acting), Standards Section, Flight Procedures and Airspace Group, Flight Technologies and Procedures Division, Office of Safety Standards, Flight Standards Service, Aviation Safety, Federal Aviation Administration. Mailing Address: FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace Group, 6500 South MacArthur Blvd., STB Annex, Bldg. 26, Room 217, Oklahoma City, OK 73099. Telephone (405) 954-1139.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This amendment to part 95 of the Federal Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR altitudes governing the operation of all aircraft in flight over a specified route or any portion of that route, as well as the changeover points (COPs) for Federal airways, jet routes, or direct routes as prescribed in part 95.</P>
                <HD SOURCE="HD1">The Rule</HD>
                <P>The specified IFR altitudes, when used in conjunction with the prescribed changeover points for those routes, ensure navigation aid coverage that is adequate for safe flight operations and free of frequency interference. The reasons and circumstances that create the need for this amendment involve matters of flight safety and operational efficiency in the National Airspace System, are related to published aeronautical charts that are essential to the user, and provide for the safe and efficient use of the navigable airspace. In addition, those various reasons or circumstances require making this amendment effective before the next scheduled charting and publication date of the flight information to assure its timely availability to the user. The effective date of this amendment reflects those considerations. In view of the close and immediate relationship between these regulatory changes and safety in air commerce, I find that notice and public procedure before adopting this amendment are impracticable and contrary to the public interest and that good cause exists for making the amendment effective in less than 30 days.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact 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 95</HD>
                    <P>Airspace, Navigation (air).</P>
                </LSTSUB>
                <SIG>
                    <DATED>Issued in Washington, DC, on February 13, 2026.</DATED>
                    <NAME>Rune Duke,</NAME>
                    <TITLE>Manager (Acting), Standards Section, Flight Procedures and Airspace Group, Flight Technologies and Procedures Division, Office of Safety Standards, Flight Standards Service, Aviation Safety, Federal Aviation Administration.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Adoption of the Amendment</HD>
                <P>Accordingly, pursuant to the authority delegated to me by the Administrator, part 95 of the Federal Aviation Regulations (14 CFR part 95) is amended as follows effective at 0901 UTC, 19 Mar 2026.</P>
                <PART>
                    <HD SOURCE="HED">PART 95—IFR ALTITUDES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="95">
                    <AMDPAR>1. The authority citation for part 95 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40103, 40113 and 14 CFR 11.49(b)(2).</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="14" PART="95">
                    <AMDPAR>2. Part 95 is amended to read as follows:</AMDPAR>
                    <GPOTABLE COLS="4" OPTS="L2,tp0,i1" CDEF="s100,r100,10,10">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">From</CHED>
                            <CHED H="1">To</CHED>
                            <CHED H="1">MEA</CHED>
                            <CHED H="1">MAA</CHED>
                        </BOXHD>
                        <ROW EXPSTB="03">
                            <ENT I="21">
                                <E T="02">§ 95.3000 Low Altitude RNAV Routes</E>
                            </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.3497 RNAV Route T497 Is Added To Read</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">ELIZABETH CITY, NC VOR/DME</ENT>
                            <ENT>OCEANA, VA TACAN</ENT>
                            <ENT>2100</ENT>
                            <ENT>17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OCEANA, VA TACAN</ENT>
                            <ENT>FAAFO, VA WP</ENT>
                            <ENT>1800</ENT>
                            <ENT>17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAAFO, VA WP</ENT>
                            <ENT>BAYSO, VA WP</ENT>
                            <ENT>* 1800</ENT>
                            <ENT>17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 1300—MOCA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BAYSO, VA WP</ENT>
                            <ENT>LNSKY, VA FIX</ENT>
                            <ENT>1800</ENT>
                            <ENT>17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LNSKY, VA FIX</ENT>
                            <ENT>OUTLA, VA WP</ENT>
                            <ENT>1800</ENT>
                            <ENT>17500</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01">OUTLA, VA WP</ENT>
                            <ENT>FAGED, VA WP</ENT>
                            <ENT>1800</ENT>
                            <ENT>17500</ENT>
                        </ROW>
                        <ROW EXPSTB="03">
                            <PRTPAGE P="7396"/>
                            <ENT I="21">
                                <E T="02">§ 95.4000 High Altitude RNAV Routes</E>
                            </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.4186 RNAV Route Q186 Is Added To Read</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">ZIINE, MI WP</ENT>
                            <ENT>IDEAS, MI FIX</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IDEAS, MI FIX</ENT>
                            <ENT>U.S. CANADIAN BORDER</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">U.S. CANADIAN BORDER</ENT>
                            <ENT>SPYDY, OH WP</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SPYDY, OH WP</ENT>
                            <ENT>TEESY, PA WP</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TEESY, PA WP</ENT>
                            <ENT>MIGET, PA FIX</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MIGET, PA FIX</ENT>
                            <ENT>SCAAM, PA WP</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.4190 RNAV Route Q190 Is Added To Read</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">CARLETON, MI VOR/DME</ENT>
                            <ENT>U.S. CANADIAN BORDER</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">U.S. CANADIAN BORDER</ENT>
                            <ENT>WIGGZ, PA WP</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RAHKS, NY WP</ENT>
                            <ENT O="xl"/>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RAHKS, NY WP</ENT>
                            <ENT>PONCT, NY WP</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 18000—GNSS MEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* DME/DME/IRU MEA</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="3" OPTS="L2,tp0,i1" CDEF="s100,r100,12">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">From</CHED>
                            <CHED H="1">To</CHED>
                            <CHED H="1">MEA</CHED>
                        </BOXHD>
                        <ROW EXPSTB="02">
                            <ENT I="21">
                                <E T="02">§ 95.6001 Victor Routes—U.S.</E>
                            </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6001 VOR Federal Airway V1 Is Amended To Delete</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">KINSTON, NC VORTAC</ENT>
                            <ENT>ZAGGY, NC FIX</ENT>
                            <ENT>UNUSABLE</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ZAGGY, NC FIX</ENT>
                            <ENT>COFIELD, NC VORTAC</ENT>
                            <ENT>* 3000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 1500—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COFIELD, NC VORTAC</ENT>
                            <ENT>DRONE, NC FIX</ENT>
                            <ENT>
                                2000
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DRONE, NC FIX</ENT>
                            <ENT>NORFOLK, VA VORTAC</ENT>
                            <ENT>* 2500</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* 1600—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6063 VOR Federal Airway V63 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">RHINELANDER, WI VOR/DME</ENT>
                            <ENT>CUSAS, WI FIX</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>NE BND</ENT>
                            <ENT>5000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>SW BND</ENT>
                            <ENT>
                                3600
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CUSAS, WI FIX</ENT>
                            <ENT>HOUGHTON, MI VOR/DME</ENT>
                            <ENT>* 5000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 3100—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* 3600—GNSS MEA</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6068 VOR Federal Airway V68 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">JOKES, TX FIX</ENT>
                            <ENT>STEEP, TX FIX</ENT>
                            <ENT>* 5000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* 4400—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6070 VOR Federal Airway V70 Is Amended To Delete</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">KINSTON, NC VORTAC</ENT>
                            <ENT>PEARS, NC FIX</ENT>
                            <ENT>UNUSABLE</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PEARS, NC FIX</ENT>
                            <ENT>COFIELD, NC VORTAC</ENT>
                            <ENT>* 3000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* 2000—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <PRTPAGE P="7397"/>
                            <ENT I="21">
                                <E T="02">§ 95.6071 VOR Federal Airway V71 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">SPARO, AR FIX</ENT>
                            <ENT>HOT SPRINGS, AR VOR/DME</ENT>
                            <ENT>
                                5000
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PIERRE, SD VORTAC</ENT>
                            <ENT>LINTN, ND FIX</ENT>
                            <ENT>* 6000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 3500—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LINTN, ND FIX</ENT>
                            <ENT>BISMARCK, ND VOR/DME</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>S BND</ENT>
                            <ENT>6000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22"> </ENT>
                            <ENT>N BND</ENT>
                            <ENT>
                                3600
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6094 VOR Federal Airway V94 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="01">GREGG COUNTY, TX VORTAC</ENT>
                            <ENT>ELM GROVE, LA VORTAC</ENT>
                            <ENT>
                                2100
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6120 VOR Federal Airway V120 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">SIOUX FALLS, SD VORTAC</ENT>
                            <ENT>BILOO, IA FIX</ENT>
                            <ENT>* 6600</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 4500—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BILOO, IA FIX</ENT>
                            <ENT>* GRUVE, IA FIX</ENT>
                            <ENT>** 6800</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 8000—MRA</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">** 3300—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6133 VOR Federal Airway V133 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">STOVE, VA FIX</ENT>
                            <ENT>CHARLESTON, WV VOR/DME</ENT>
                            <ENT>* 13000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 7000—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* 7000—GNSS MEA</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6166 VOR Federal Airway V166 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">PARKERSBURG, WV VOR/DME</ENT>
                            <ENT>MOSIC, WV FIX</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>W BND</ENT>
                            <ENT>3000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22"> </ENT>
                            <ENT>E BND</ENT>
                            <ENT>
                                3600
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6178 VOR Federal Airway V178 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="01">BNTON, MO FIX</ENT>
                            <ENT>VICHY, MO VOR/DME</ENT>
                            <ENT>
                                2800
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6194 VOR Federal Airway V194 Is Amended To Delete</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">TAR RIVER, NC VORTAC</ENT>
                            <ENT>COFIELD, NC VORTAC</ENT>
                            <ENT>
                                1800
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01">COFIELD, NC VORTAC</ENT>
                            <ENT>SUNNS, NC FIX</ENT>
                            <ENT>
                                * 2000
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6195 VOR Federal Airway V195 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">RAGGS, CA FIX</ENT>
                            <ENT>* BESSA, CA FIX</ENT>
                            <ENT>** 8500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 8500—MCA BESSA, CA FIX, S BND</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">** 5000—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">*** MEA IS ESTABLISHED WITH A GAP IN NAVIGATION SIGNAL COVERAGE</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BESSA, CA FIX</ENT>
                            <ENT>WILLIAMS, CA VORTAC</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>S BND</ENT>
                            <ENT>* 8500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>N BND</ENT>
                            <ENT>* 5300</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* 5300—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6208 VOR Federal Airway V208 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">GRAND CANYON, AZ VOR/DME</ENT>
                            <ENT>AWIZO, AZ FIX</ENT>
                            <ENT>
                                9800
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01">AWIZO, AZ FIX</ENT>
                            <ENT>TUBA CITY, AZ VORTAC</ENT>
                            <ENT>
                                9500
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6218 VOR Federal Airway V218 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">SQEAK, MN FIX</ENT>
                            <ENT>* GRAND RAPIDS, MN VOR/DME</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>N BND</ENT>
                            <ENT>** 10000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>S BND</ENT>
                            <ENT>** 9000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 9000—MCA GRAND RAPIDS, MN VOR/DME, S BND</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">** 3100—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7398"/>
                            <ENT I="01">GRAND RAPIDS, MN VOR/DME</ENT>
                            <ENT>NEBBS, MN FIX</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>N BND</ENT>
                            <ENT>* 10000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>S BND</ENT>
                            <ENT>* 9000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 3100—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NEBBS, MN FIX</ENT>
                            <ENT>GOPHER, MN VORTAC</ENT>
                            <ENT>* 10000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* 3100—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6386 VOR Federal Airway V386 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">FILLMORE, CA VORTAC</ENT>
                            <ENT>* SAUGS, CA FIX</ENT>
                            <ENT>6000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 6400—MCA SAUGS, CA FIX, NE BND</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAUGS, CA FIX</ENT>
                            <ENT>PALMDALE, CA VORTAC</ENT>
                            <ENT>
                                7500
                                <LI>MAA—17500</LI>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PALMDALE, CA VORTAC</ENT>
                            <ENT>* APLES, CA FIX</ENT>
                            <ENT>7000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 7300—MCA APLES, CA FIX, E BND</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">APLES, CA FIX</ENT>
                            <ENT>SOGGI, CA FIX</ENT>
                            <ENT>* 11000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* 8400—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW EXPSTB="02" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.6580 VOR Federal Airway V580 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">LEBOY, IL FIX</ENT>
                            <ENT>SEXTN, IL FIX</ENT>
                            <ENT>* 4500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 2100—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SEXTN, IL FIX</ENT>
                            <ENT>BURLINGTON, IA VOR/DME</ENT>
                            <ENT>* 4500</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">* 2300—MOCA</ENT>
                            <ENT O="xl"/>
                            <ENT>MAA—17500</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="4" OPTS="L2,tp0,i1" CDEF="s100,r100,10,10">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">From</CHED>
                            <CHED H="1">To</CHED>
                            <CHED H="1">MEA</CHED>
                            <CHED H="1">MAA</CHED>
                        </BOXHD>
                        <ROW EXPSTB="03">
                            <ENT I="21">
                                <E T="02">§ 95.7001 Jet Routes</E>
                            </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.7015 Jet Route J15 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">WINK, TX VORTAC</ENT>
                            <ENT>CHISUM, NM VORTAC</ENT>
                            <ENT>* 18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03" O="xl">* WINK R-311 UNUSABLE, USE CHISUM R-129</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.7050 Jet Route J50 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">EL PASO, TX VORTAC</ENT>
                            <ENT>LINZY, TX FIX</ENT>
                            <ENT>18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01">LINZY, TX FIX</ENT>
                            <ENT>WINK, TX VORTAC</ENT>
                            <ENT>UNUSABLE</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.7146 Jet Route J146 Is Amended To Delete</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">GIPPER, MI VORTAC</ENT>
                            <ENT>CHARDON, OH VOR/DME</ENT>
                            <ENT>18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01">CHARDON, OH VOR/DME</ENT>
                            <ENT>KEATING, PA VORTAC</ENT>
                            <ENT>18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">§ 95.7501 Jet Route J501 Is Amended To Read in Part</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">SAN MARCUS, CA VORTAC</ENT>
                            <ENT>BIG SUR, CA VORTAC</ENT>
                            <ENT>18000</ENT>
                            <ENT>45000</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="4" OPTS="L2,tp0,i1" CDEF="s100,r100,10,xs56">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">Airway segment</CHED>
                            <CHED H="2">From</CHED>
                            <CHED H="2">To</CHED>
                            <CHED H="1">Changeover points</CHED>
                            <CHED H="2">Distance</CHED>
                            <CHED H="2">From</CHED>
                        </BOXHD>
                        <ROW EXPSTB="03">
                            <ENT I="21">
                                <E T="02">§ 95.8003 VOR Federal Airway Changeover Point</E>
                            </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="21">
                                <E T="02">V133 Is Amended To Modify Changeover Point</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="01">BARRETTS MOUNTAIN, NC VOR/DME</ENT>
                            <ENT>CHARLESTON, WV VOR/DME</ENT>
                            <ENT>89</ENT>
                            <ENT>BARRETTS MOUNTAIN.</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">V78 Is Amended To Add Changeover Point</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="01">EAU CLAIRE, WI VORTAC</ENT>
                            <ENT>RHINELANDER, WI VOR/DME</ENT>
                            <ENT>56</ENT>
                            <ENT>EAU CLAIRE.</ENT>
                        </ROW>
                        <ROW EXPSTB="03">
                            <ENT I="21">
                                <E T="02">§ 95.8005 Jet Routes Changeover Points</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">J50 Is Amended To Add Changeover Point</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="01">ABILENE, TX VORTAC</ENT>
                            <ENT>WACO, TX VORTAC</ENT>
                            <ENT>90</ENT>
                            <ENT>ABILENE.</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">J64 Is Amended To Add Changeover Point</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="01">PEACH SPRINGS, AZ VOR/DME</ENT>
                            <ENT>TUBA CITY, AZ VORTAC</ENT>
                            <ENT>75</ENT>
                            <ENT>PEACH SPRINGS.</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <PRTPAGE P="7399"/>
                            <ENT I="21">
                                <E T="02">J102 Is Amended To Add Changeover Point</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="01">GALLUP, NM VORTAC</ENT>
                            <ENT>ALAMOSA, CO VORTAC</ENT>
                            <ENT>130</ENT>
                            <ENT>GALLUP</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">J128 Is Amended To Add Changeover Point</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="01">PEACH SPRINGS, AZ VOR/DME</ENT>
                            <ENT>TUBA CITY, AZ VORTAC</ENT>
                            <ENT>75</ENT>
                            <ENT>PEACH SPRINGS.</ENT>
                        </ROW>
                        <ROW EXPSTB="03" RUL="s">
                            <ENT I="21">
                                <E T="02">J501 Is Amended To Add Changeover Point</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">SAN MARCUS, CA VORTAC</ENT>
                            <ENT>BIG SUR, CA VORTAC</ENT>
                            <ENT>78</ENT>
                            <ENT>SAN MARCUS.</ENT>
                        </ROW>
                    </GPOTABLE>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03150 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <CFR>33 CFR Part 165</CFR>
                <DEPDOC>[Docket Number USCG-2026-0075]</DEPDOC>
                <RIN>RIN 1625-AA00</RIN>
                <SUBJECT>Safety Zone; San Juan Harbor, San Juan, PR</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 200 yards radius around the Barge DEFIANT grounded north of El Morro, east of the green buoy three, near the entrance of the San Juan Harbor. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Barge DEFIANT grounding. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector San Juan.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective without actual notice from February 18, 2026 through February 23, 2026. For the purposes of enforcement, actual notice will be used from February 9, 2026, until February 18, 2026.</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-2026-0075.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions about this rule, contact Lieutenant Commander Rachel E. Thomas, Sector San Juan, Waterways Management Division Chief, Coast Guard; telephone (571) 613-1417, email 
                        <E T="03">Rachel.E.Thomas@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 the Barge DEFIANT grounded north of El Morro, east of the green buoy three, near the entrance of the San Juan Harbor. The Captain of the Port (COTP) San Juan has determined that potential hazards associated with the vessel grounding are a safety concern for anyone within 200 yards radius around the grounded Barge DEFIANT barge. 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 zone.</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 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <HD SOURCE="HD1">III. Discussion of the Rule</HD>
                <P>This rule establishes a safety zone over all navigable waters within 200 yards radius of the current location of the Barge DEFIANT. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the Owning company of the vessel completes their salvage plan.</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 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 
                    <PRTPAGE P="7400"/>
                    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) 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.T07-0075 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 165.T07-0075</SECTNO>
                        <SUBJECT> Safety Zone; San Juan Harbor, San Juan, PR.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Location.</E>
                             The following area is a safety zone: Certain waters of the Atlantic Ocean north of El Morro, east of the green buoy three, near the entrance of the San Juan Harbor, from surface to bottom, within 200 yards radius of 18°28′19.1″ N 66°07′30.5″ W, the current location of the Barge DEFIANT.
                        </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 San Juan (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, transiting through, anchoring in, or remaining within 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 by telephone at (787) 289-2041, or a designated representative via VHF-FM radio on channel 16 to request authorization. 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 February 9, 2026 February 23, 2026.
                        </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <NAME>Robert E. Stiles,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Acting Captain of the Port Sector San Juan.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03138 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <CFR>33 CFR Part 165</CFR>
                <DEPDOC>[Docket No. USCG-2026-0084]</DEPDOC>
                <SUBJECT>Safety Zone; Fireworks Displays Within the USCG East District (Formerly Fifth Coast Guard District); The Wharf, Washington, DC</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notification of enforcement of regulation.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard will enforce a safety zone for a fireworks display at “The Wharf DC,” in Washington, DC, to provide for the safety of life on navigable waterways during this event. Our regulation for recurring safety zones for fireworks displays within the USCG East District identifies the precise location. During the enforcement period, vessels may not enter, remain in, or transit through the safety zone unless authorized to do so by the COTP or his representative, and vessels in the vicinity must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The regulation in 33 CFR 165.506 will be enforced for the location identified in line no. 1 of table 2 to 33 CFR 165.506(h)(2) from 06:30 p.m. until 06:40 p.m., on February 22, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions about this notification of enforcement, call or email LCDR Kate M. Newkirk, Sector Maryland-NCR, Waterways Management Division, U.S. Coast Guard: telephone 410-576-2596, email 
                        <E T="03">MDNCRMarineEvents@uscg.mil.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Coast Guard will enforce the safety zone regulation for a fireworks display at The Wharf DC from 6:30 p.m. to 6:40 p.m. on February 22, 2026. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for recurring safety zones for fireworks displays within the USCG East District, 33 CFR 165.506, specifies the location of the safety zone for the fireworks show, which encompasses portions of the Washington Channel in the Upper Potomac River, in line 1 of Table 2 to Paragraph (h)(2). As reflected in 33 CFR 165.23, vessels in the vicinity of the safety zone may not enter, remain in, or transit through the safety zone during the enforcement period unless authorized to do so by the COTP or his representative, and they must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.</P>
                <P>
                    In addition to this notification of enforcement in the 
                    <E T="04">Federal Register</E>
                    <E T="03">,</E>
                     the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts.
                </P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Patrick C. Burkett,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-National Capital Region.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03183 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <PRTPAGE P="7401"/>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 751</CFR>
                <DEPDOC>[EPA-HQ-OPPT-2020-0642; FRL-8317.1-06-OCSPP]</DEPDOC>
                <RIN>RIN 2070-AK83</RIN>
                <SUBJECT>Extension of Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notification; extension of postponement of effectiveness.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Environmental Protection Agency (EPA or Agency) is extending the postponement of the effectiveness of certain regulatory provisions of the final rule entitled “Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)” for an additional 90 days. Specifically, this postponement applies to the conditions imposed on the uses with TSCA section 6(g) exemptions.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>As of February 17, 2026, EPA further postpones until May 18, 2026, the conditions imposed on each of the TSCA section 6(g) exemptions, as described in this document, in the final rule published on December 17, 2024, at 89 FR 102568.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2020-0642, is available online at 
                        <E T="03">https://www.regulations.gov.</E>
                         Additional information about dockets generally, along with instructions for visiting the docket in-person, is available at 
                        <E T="03">https://www.epa.gov/.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P/>
                    <P>
                        <E T="03">For technical information contact:</E>
                         Gabriela Rossner, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 565-2426; email address: 
                        <E T="03">TCE.TSCA@epa.gov.</E>
                    </P>
                    <P>
                        <E T="03">For general information:</E>
                         The TSCA Assistance Information Service Hotline, Goodwill Vision Enterprises, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (800) 471-7127 or (202) 554-1404; email address: 
                        <E T="03">TSCA-Hotline@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>On December 17, 2024, EPA issued a final risk-management rule under TSCA section 6(a) prohibiting all uses of trichloroethylene (TCE), most of which would be prohibited within one year, including TCE manufacture and processing for most commercial and all consumer products. (89 FR 102568, December 17, 2024) (FRL-8317-02-OCSPP). The final rule included extended phaseouts or TSCA section 6(g) exemptions to permit several uses to continue under workplace restrictions for longer periods.</P>
                <P>The final rule was originally scheduled to become effective on January 16, 2025. EPA received petitions for an administrative stay of the effective date on behalf of Microporous, LLC (Microporous), which also separately sought partial reconsideration of the final rule, and the Alliance for a Strong U.S. Battery Sector (Alliance) on January 10, 2025. EPA denied these requests on January 15, 2025. Microporous and Alliance submitted renewed petitions to the Agency to stay the effective date of the rule, or, in the alternative, for an administrative stay of the final rule's workplace conditions for battery separator manufacturers, on January 20, 2025. PPG Industries, Inc. (PPG) also submitted a request for an administrative stay on January 21, 2025.</P>
                <P>EPA also received thirteen petitions for review of the final rule in various circuits of the U.S. Courts of Appeals. On January 13, 2025, petitioners Microporous and Alliance filed emergency motions for stay in the U.S. Court of Appeals for the Fifth and Sixth Circuits of the final rule's effective date and workplace conditions for battery-separator manufacturers, as well as a temporary administrative stay of the final rule pending consideration of the emergency stay motion. The same day, the Fifth Circuit granted the motion for a temporary administrative stay of the final rule's effective date while the court considered the emergency stay motion.</P>
                <P>
                    Shortly thereafter, the petitions for review were consolidated in the U.S. Court of Appeals for the Third Circuit as 
                    <E T="03">USW</E>
                     v. 
                    <E T="03">U.S. EPA,</E>
                     Case No. 25-1055. On January 16, 2025, the Third Circuit issued an order leaving the temporary administrative stay of the effective date of the final rule in place pending briefing on whether the temporary stay should be lifted or converted to a permanent stay. On January 21, 2025, petitioner PPG filed a new stay motion with the court, and Alliance and Microporous refiled their existing motions to stay the effective date. On January 24, 2025, EPA filed a motion requesting that the court extend all deadlines in the case for sixty days, including with respect to further stay briefing, which the court granted.
                </P>
                <P>EPA temporarily delayed the effective date of the final rule until March 21, 2025. (90 FR 8254, January 28, 2025) (FRL-12583-01-OA). Although the final rule had yet to go into effect, it was incorporated into the Code of Federal Regulations (CFR) on January 16, 2025. See 40 CFR part 751, subpart D.</P>
                <P>On March 21, 2025, EPA signed a notice pursuant to section 705 of the Administrative Procedure Act (APA), 5 U.S.C. 705, further postponing the effective date of the provisions applicable to the conditions of use subject to TSCA section 6(g) exemptions until June 20, 2025. Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE); Regulation under the Toxic Substances Control Act (TSCA), 90 FR 14415, April 2, 2025 (FRL-8317.1-01-OCSPP) (“Initial Notice”). In that notice, EPA explained that Petitioners Alliance, Microporous, and PPG (“Industry Petitioners”) raised serious questions regarding the Workplace Chemical Protection Program that warranted a delay of the effective date of those provisions.</P>
                <P>
                    On March 28, 2025, the U.S. Court of Appeals for the Third Circuit lifted the administrative stay except as to the provisions that are subject to EPA's Initial Notice. The court also ordered EPA to file any response to the pending stay motions by May 27, 2025. On May 27, 2025, the Agency filed a response to Industry Petitioners' motions for stay stating it did not oppose a judicial stay of the provisions subject to EPA's Initial Notice for the same reasons EPA requested an abeyance. Industry Petitioners later replied in support of their stay motions. Also on May 27, 2025, EPA moved to hold the case in abeyance because it intends to reconsider the final rule, including provisions subject to EPA's Initial Notice, through notice-and-comment rulemaking. Industry Petitioners later responded that they would prefer the court decide the stay motions before deciding EPA's abeyance motion; otherwise, they would oppose the abeyance. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America; United Steel, Paper, and Forestry, Rubber Manufacturing, Energy, Allied Industrial Workers International Union; Center for Environmental Health; and Environmental Defense Fund (“Environmental and Labor Petitioners”) later opposed EPA's motion for abeyance. On June 18, 2025, EPA replied in support of its abeyance motion that the majority of petitioners did not oppose EPA's request.
                    <PRTPAGE P="7402"/>
                </P>
                <P>One day earlier, on June 17, 2025, EPA signed a notice pursuant to section 705 of the APA, 5 U.S.C. 705, further postponing the effective date of the provisions applicable to the conditions of use subject to TSCA section 6(g) exemptions until August 19, 2025. Extension of Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA), 90 FR 26453, June 23, 2025 (FRL-8317.1-03-OCSPP) (“Second Notice”). Both Environmental and Labor Petitioners and EPA notified the court of this postponement. Industry and Environmental and Labor Petitioners reiterated their prior positions in response to those filings.</P>
                <P>On August 16, 2025, with judicial proceedings ongoing, EPA signed a notice pursuant to section 705 of the APA, 5 U.S.C. 705, further postponing the effective date of the provisions applicable to the conditions of use subject to TSCA section 6(g) exemptions until November 17, 2025. Extension of Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA), 90 FR 40534, August 20, 2025 (FRL-8317.1-04-OCSPP) (“Third Notice”). In September 2025, EPA notified the court that it had taken interim final action to revise certain compliance deadlines finalized in the challenged rule.</P>
                <P>On November 7, 2025, the court requested supplemental letter briefs from the parties asking about ripeness, hardship, and the scope of the stay motions in light of EPA's stated intention to reconsider and modify the TCE Rule and multiple postponements of the Rule's effective date.</P>
                <P>On November 10, 2025, EPA signed a notice pursuant to section 705 of the APA, 5 U.S.C. 705, further postponing the effective date of the provisions applicable to the conditions of use subject to TSCA section 6(g) exemptions until February 17, 2026. Extension of Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA), 90 FR 51027, November 14, 2025 (FRL-8317.1-05-OCSPP) (“Fourth Notice”).</P>
                <P>The parties responded to the court's request for supplemental letter briefs on November 20, 2025. On December 23, 2025, EPA requested briefing on an issue newly raised by Petitioners' briefs. Petitioners opposed EPA's request. Judicial proceedings are ongoing.</P>
                <HD SOURCE="HD1">II. Statutory Authority</HD>
                <P>
                    As discussed in the Initial Notice, section 705 of the APA authorizes an agency to postpone the effective date of an agency action pending judicial review when the agency finds “that justice so requires.” 5 U.S.C. 705. Notice and comment is not required when an agency delays the effective date of a rule under APA section 705 because such a stay pending judicial review is not substantive rulemaking subject to APA section 553; it merely maintains the status quo to allow for judicial review. 
                    <E T="03">See Bauer</E>
                     v. 
                    <E T="03">DeVos,</E>
                     325 F. Supp. 3d 74, 106-07 (D.D.C. 2018); 
                    <E T="03">Sierra Club</E>
                     v. 
                    <E T="03">Jackson,</E>
                     833 F. Supp. 2d 11, 28 (D.D.C. 2012).
                </P>
                <HD SOURCE="HD1">III. Postponement of Effective Date</HD>
                <P>
                    In light of the fact that the pending litigation is still ongoing and for the same reasons as set forth in the Initial Notice, EPA has determined that justice requires a 90-day extension of the postponement of the effective date (
                    <E T="03">i.e.,</E>
                     until May 18, 2026) of the conditions for each of the TSCA section 6(g) exemptions. 
                    <E T="03">See</E>
                     40 CFR 751.325(a)(2). The extension of the postponement applies, for example, to the conditions imposed under the TSCA section 6(g) exemption for the use of TCE as a processing aid for specialty polymeric microporous sheet material manufacturing. 40 CFR 751.325(b)(6)(i) through (iv).
                </P>
                <P>The postponement will temporarily preserve the status quo while the Third Circuit litigation is pending. Nothing has materially changed since the Initial Notice nor extensions of that notice that would affect EPA's analysis of whether justice requires a stay of these provisions. While the court requested supplemental letter briefs in November 2025, Industry Petitioners' stay motions and EPA's abeyance motion are still pending. Therefore, per the reasons discussed in the Initial Notice, EPA believes extending the postponement for 90 days is necessary.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>5 U.S.C. 705 and 15 U.S.C. 2605(a).</P>
                </AUTH>
                <SIG>
                    <NAME>Lee Zeldin,</NAME>
                    <TITLE>Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03155 Filed 2-17-26; 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 679</CFR>
                <DEPDOC>[Docket No. 250312-0037; RTID 0648-XF501]</DEPDOC>
                <SUBJECT>Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary rule; modification of a closure; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>NMFS is opening directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent the underharvest of, and to achieve the full use of, the A season allowance of the 2026 total allowable catch (TAC) of Pacific cod allocated to vessels using pot gear in the Central Regulatory Area of the GOA.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective 1200 hours, Alaska local time (A.l.t.), February 17, 2026, through 1200 hours, A.l.t., June 10, 2026. Comments must be received at the following address no later than 4:30 p.m., A.l.t., March 5, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments on this document, identified by NOAA-NMFS-2024-0124, by any of the following methods:</P>
                    <P>
                        <E T="03">Electronic Submission:</E>
                         Submit all electronic public comments via the Federal e-Rulemaking Portal. Visit 
                        <E T="03">https://www.regulations.gov</E>
                         and type NOAA-NMFS-2024-0124 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments.
                    </P>
                    <P>
                        <E T="03">Mail:</E>
                         Submit written comments to Gretchen Harrington, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         Comments sent by any other method, to any other address or individual, or received after the end of the comment period may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on 
                        <E T="03">https://www.regulations.gov</E>
                         without change. All personal identifying information (
                        <E T="03">e.g.,</E>
                         name, address, 
                        <E T="03">etc.</E>
                        ), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will 
                        <PRTPAGE P="7403"/>
                        accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Abby Jahn, 907-586-7228.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared and recommended by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.</P>
                <P>NMFS closed directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the GOA on January 20, 2026 (91 FR 2719, January 22, 2026). The A season allowance of the 2026 Pacific cod TAC apportioned to vessels using pot gear in the Central Regulatory Area of the GOA is 3,688 metric tons (mt) as established by the final 2025 and 2026 harvest specifications for groundfish in the GOA (90 FR 12468, March 18, 2025) and inseason adjustment (91 FR 5858, February 10, 2026). NMFS has determined that as of February 13, 2026, approximately 1,239 mt of Pacific cod remain in the A season allowance of the 2026 TAC of Pacific cod allocated to vessels using pot gear in the Central Regulatory Area of the GOA.</P>
                <P>In accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the A season allowance of the 2026 TAC of Pacific cod allocated to vessels using pot gear in the Central Regulatory Area of the GOA, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the GOA. The Regional Administrator, Alaska Region, NMFS (Regional Administrator) has determined that this adjustment is necessary to prevent the underharvest of the A season allowance of the 2026 TAC of Pacific cod allocated to vessels using pot gear in the Central Regulatory Area of the GOA and that reopening of directed fishing for Pacific cod by vessels using pot gear in the A season in the Central Regulatory Area of the GOA is necessary to achieve this A season allowance for vessels using pot gear in that area. The Regional Administrator considered the following factors in reaching this decision: (1) the total catch of Pacific cod during the prior open season by vessels using pot gear in the Central Regulatory Area of the GOA, which shows the A seasonal allowance for this gear (pot gear) has not been reached, (2) the harvest capacity and stated intent on future harvesting patterns of vessels participating in this fishery, and (3) the remaining Pacific cod TAC available to harvest in the Central Regulatory Area of the GOA by vessels using pot gear in the A season.</P>
                <HD SOURCE="HD1">Classification</HD>
                <P>NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866.</P>
                <P>Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion, and would delay the opening of directed fishing for Pacific cod by vessels using pot gear in the A season in the Central Regulatory Area of the GOA. Any delay could prevent the full use of the A season allowance of the 2026 TAC of Pacific cod allocated to vessels using pot gear in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data on catch, harvest capacity and intent, and available TAC for harvest only became available as of February 13, 2026.</P>
                <P>There is good cause under 5 U.S.C. 553(d)(3) to establish an effective date less than 30 days after date of publication. This finding is based upon the reasons provided above for waiver of prior notice.</P>
                <P>Without this inseason adjustment, NMFS could not allow the fishery for Pacific cod by vessels using pot gear in the A season in the Central Regulatory Area of the GOA to be harvested in an expedient manner. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until March 5, 2026.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority: </HD>
                    <P>
                        16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>David R. Blankinship,</NAME>
                    <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03185 Filed 2-13-26; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <CFR>50 CFR Part 679</CFR>
                <DEPDOC>[Docket No. 250312-0037; RTID 0648-XF431]</DEPDOC>
                <SUBJECT>Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 50 Feet Length Overall Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary rule; closure.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 50 feet (15.2 meters (m)) length overall using hook-and-line (HAL) gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2026 A season allowance of the total allowable catch (TAC) of Pacific cod allocated to catcher vessels less than 50 feet (15.2 m) length overall using HAL gear in the Central Regulatory Area of the GOA.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective 1200 hours, Alaska local time (A.l.t.), February 15, 2026 through 1200 hours, A.l.t., June 10, 2026.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Abby Jahn, 907-586-7228.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared and recommended by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.</P>
                <P>The A season allowance of the 2026 Pacific cod TAC allocated to catcher vessels less than 50 feet (15.2 m) length overall using HAL gear in the Central Regulatory Area of the GOA is 1,927 metric tons (mt) as established by the final 2025 and 2026 harvest specifications for groundfish in the GOA (90 FR 12468, March 18, 2025) and the inseason adjustment (91 FR 5858, February 10, 2026).</P>
                <P>
                    In accordance with § 679.20(d)(1)(i), the Regional Administrator has 
                    <PRTPAGE P="7404"/>
                    determined that the 2026 A season allowance of the Pacific cod TAC allocated to catcher vessels less than 50 feet (15.2 m) length overall using HAL gear in the Central Regulatory Area of the GOA will be or has been reached. Therefore, the Regional Administrator, Alaska Region, NMFS (Regional Administrator) is establishing a directed fishing allowance of 1,847 mt and is setting aside the remaining 80 mt as incidental catch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will be or has been reached. Consequently, NMFS is prohibiting directed fishing of Pacific cod for catcher vessels less than 50 feet (15.2 m) length overall using HAL gear in the Central Regulatory Area of the GOA to prevent exceeding this sector's A season allowance of Pacific cod TAC.
                </P>
                <P>While this closure is effective the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.</P>
                <HD SOURCE="HD1">Classification</HD>
                <P>NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866.</P>
                <P>Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data on Pacific cod catch in a timely fashion and would delay the closure of directed fishing for Pacific cod by catcher vessels less than 50 feet (15.2 m) length overall using HAL gear in the A season in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data on Pacific cod catch only became available as of February 12, 2026.</P>
                <P>There is good cause under 5 U.S.C. 553(d)(3) to establish an effective date less than 30 days after date of publication. This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority: </HD>
                    <P>
                        16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>David R. Blankinship,</NAME>
                    <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03170 Filed 2-13-26; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </RULE>
    </RULES>
    <VOL>91</VOL>
    <NO>32</NO>
    <DATE>Wednesday, February 18, 2026</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <PRORULES>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="7405"/>
                <AGENCY TYPE="F">DEPARTMENT OF ENERGY</AGENCY>
                <CFR>10 CFR Part 1009</CFR>
                <DEPDOC>[DOE-HQ-2024-0077]</DEPDOC>
                <RIN>RIN 1920-AA01</RIN>
                <SUBJECT>General Policy for Pricing and Charging for Materials and Services Sold by the Department of Energy</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Chief Financial Officer, U.S. Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking and request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Energy (DOE or the Department) is proposing to update the Department's general pricing regulation to establish prices and charges for materials and services sold to organizations and people outside of the Federal Government. DOE's general pricing regulation does not apply to the prices and charges provided for by statute, Executive order, or regulation. This notice of proposed rulemaking (NOPR) proposes to update definitions, exclusions, exemptions, and special pricing activities affecting the general pricing regulation.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on this proposed rule must be received on or before April 20, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at 
                        <E T="03">www.regulations.gov</E>
                         under docket number DOE-HQ-2024-0077. Follow the instructions for submitting comments. The docket for this proposed rule, which includes 
                        <E T="04">Federal Register</E>
                         notices, comments, and other supporting documents and materials, is available for review at 
                        <E T="03">www.regulations.gov.</E>
                         All documents in the docket are listed in the 
                        <E T="03">www.regulations.gov</E>
                         index. However, not all documents listed in the index may be publicly available, such as, information that is exempt from public disclosure. The docket web page contains instructions on how to access all documents, including public comments, in the docket, as well as a summary. In accordance with 5 U.S.C. 553(b)(4), a summary of this proposed rule may be found at 
                        <E T="03">www.regulations.gov,</E>
                         under the docket number.
                    </P>
                    <P>Comments may also be submitted by the following methods:</P>
                    <P>
                        • 
                        <E T="03">Email:</E>
                          
                        <E T="03">godard.gozum@hq.doe.gov.</E>
                         Include docket number DOE-HQ-2024-0077 and/or RIN 1920-AA01 in the subject line of the email. Please include the full body of your comments in the text of the message or as an attachment.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Address written comments to Godard Gozum, U.S. Department of Energy, Office of the Chief Financial Officer, Mailstop 4A-253, Room 4A-253, 1000 Independence Avenue SW, Washington, DC 20585
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Godard Gozum, U.S. Department of Energy, Office of the Chief Financial Officer, Mailstop 4A-253, Room 4A-253, 1000 Independence Avenue SW, Washington, DC 20585; (202) 586-8379 or 
                        <E T="03">godard.gozum@hq.doe.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Introduction and Background</FP>
                    <FP SOURCE="FP-2">II. Discussion of Proposed Rule</FP>
                    <FP SOURCE="FP-2">III. Section-by-Section Analysis</FP>
                    <FP SOURCE="FP-2">IV. Regulatory Review</FP>
                    <FP SOURCE="FP1-2">A. Review Under Executive Order 12866</FP>
                    <FP SOURCE="FP1-2">B. Review Under the National Environmental Policy Act of 1969</FP>
                    <FP SOURCE="FP1-2">C. Review Under the Regulatory Flexibility Act</FP>
                    <FP SOURCE="FP1-2">D. Review Under the Paperwork Reduction Act of 1995</FP>
                    <FP SOURCE="FP1-2">E. Review Under the Unfunded Mandates Reform Act of 1995</FP>
                    <FP SOURCE="FP1-2">F. Review Under Executive Order 13132</FP>
                    <FP SOURCE="FP1-2">G. Review Under Executive Order 12988</FP>
                    <FP SOURCE="FP1-2">H. Review Under the Treasury and General Government Appropriations Act, 1999</FP>
                    <FP SOURCE="FP1-2">I. Review Under the Treasury and General Government Appropriations Act, 2001</FP>
                    <FP SOURCE="FP1-2">J. Review Under Executive Order 13211</FP>
                    <FP SOURCE="FP1-2">K. Review Under Executive Order 13175</FP>
                    <FP SOURCE="FP1-2">L. Review Under Additional Executive Orders and Presidential Memoranda</FP>
                    <FP SOURCE="FP-2">V. Public Participation—Submission of Comments</FP>
                    <FP SOURCE="FP-2">VI. Approval by the Office of the Secretary of Energy</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Introduction and Background</HD>
                <P>
                    The Secretary of Energy is authorized to prescribe rules and regulations for activities of the Department of Energy under 42 U.S.C. 7254 and 42 U.S.C. 2011 
                    <E T="03">et seq.,</E>
                     including fees and charges for government services and things of value under 31 U.S.C. 9701. Also, federal pricing policy in OMB Circular No. A-25, User Charges, dated July 8, 1993, requires charges be instituted through the promulgation of regulations. The Department of Energy's general pricing regulation, located at 10 CFR part 1009, establishes prices and charges for materials and services sold by DOE to organizations and persons outside of the Federal Government. Part 1009 does not govern prices and charges set by statute, Executive order, or other regulations. DOE's general pricing regulations were issued on October 24, 1980 (45 FR 70429) and have not been updated to reflect new statues, Executive orders, regulations, and DOE programmatic changes since its original promulgation in 1980. The proposed update to the rule will address developments relating to DOE pricing since 1980, including the adoption of the definition of full costs contained in section 3137 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, Public Law 105-261 (codified at 42 U.S.C. 7259a). Additionally, the proposed rule will provide greater clarity and enhance transparency by providing a more comprehensive list of prices and charges not governed by part 1009. The proposed rule will also ensure appropriate alignment between the general pricing regulation and DOE's internal pricing policy, which sets the operational requirements for DOE organizations but is not binding to the public. The internal DOE policy, DOE Order 522.1A, 
                    <E T="03">Pricing of Departmental Materials and Services,</E>
                     was approved by the Deputy Secretary of Energy on October 28, 2024.
                    <SU>1</SU>
                    <FTREF/>
                     The internal DOE policy can be found in DOE's directives website: 
                    <E T="03">www.directives.doe.gov.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Pricing of Departmental Materials and Services, 
                        <E T="03">www.directives.doe.gov/directives-documents/500-series/0522.1-border-a-chg1-ltdchg.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Discussion of Proposed Rule</HD>
                <P>
                    According to 42 U.S.C. 7259a(b)(2)(A), DOE can only assess administrative charges, including imputed interest and depreciation, at a maximum of 3 percent of the full costs incurred by a site or laboratory when carrying out a service. Pursuant to 42 U.S.C. 7259a(b)(2)(A), DOE may recover a portion of its administrative overhead related to providing services to other entities. The proposed rule would update the language used in the section for 
                    <PRTPAGE P="7406"/>
                    consistency with 42 U.S.C. 7259a and adopt the statutory limits that apply to DOE's administrative charges. The proposed rule would also update known exclusions, exemptions, and special pricing considerations changed by statute, Executive order, or regulation since 1980. Additionally, DOE is proposing amendments that would provide greater transparency to the public by providing references to an updated listing of known exclusions to the general pricing policy in § 1009.3. DOE is also proposing to amend § 1009.5, describing the special pricing considerations that DOE has updated and adopted over the years consistent with DOE's statutory authority.
                </P>
                <HD SOURCE="HD1">III. Section-by-Section Analysis</HD>
                <P>The following discussion explains the proposed revisions.</P>
                <HD SOURCE="HD2">§ 1009.1 Purpose and Scope</HD>
                <P>DOE is proposing to update § 1009.1, which describes the purpose and scope of part 1009, for clarification and to help the public identify the applicability of the part upfront.</P>
                <P>• In § 1009.1(a), DOE proposes to clarify that the pricing regulation is applicable to foreign entities and governments, which is the current practice at DOE but not documented in the current part 1009.</P>
                <P>• In § 1009.1(b), DOE proposes to clarify that the National Nuclear Security Administration (NNSA) is an element of the Department to which part 1009 applies. Congress established NNSA as a semi-autonomous agency within DOE in the National Nuclear Safety Administration Act as part of the National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 106-65).</P>
                <P>• DOE proposes to add § 1009.1(c) to clarify that DOE contractors are subject to part 1009. This policy is the current practice at DOE but not documented in the current part 1009.</P>
                <HD SOURCE="HD2">§ 1009.2 Definitions</HD>
                <P>The proposed rule updates to § 1009.2 reflect statutory and policy changes. Specifically, DOE proposes to:</P>
                <P>
                    • Remove the definition of 
                    <E T="03">Allocable cost</E>
                     because that term is no longer used in the proposed regulation.
                </P>
                <P>
                    • Remove the definitions of 
                    <E T="03">Byproduct material, Source Material, and Special nuclear material</E>
                     since the terms are part of the updated list of exclusions in the proposed § 1009.4 Exclusions.
                </P>
                <P>
                    • Remove the definition of 
                    <E T="03">Charges</E>
                     to avoid confusion with other terms used, including the Federal Administrative Charge.
                </P>
                <P>
                    • Remove the definition of 
                    <E T="03">commercial price</E>
                     since the term is common in the financial community and synonymous with fair market value in plain language.
                </P>
                <P>
                    • Add the definition of 
                    <E T="03">cost objective</E>
                     to be consistent with the definition in the Cost Accounting Standards: 48 CFR 9904.406-30. The definitions in the Cost Accounting Standards are used by federal contractors when disclosing their allowable costs charged to the government.
                </P>
                <P>
                    • Add the definition of 
                    <E T="03">Department</E>
                     and 
                    <E T="03">DOE</E>
                     since the terms are used frequently in the pricing regulation.
                </P>
                <P>
                    • Add the definition of 
                    <E T="03">Federal Administrative Charge,</E>
                     as discussed in Section II of this NOPR.
                </P>
                <P>
                    • Update the definition of 
                    <E T="03">Full Cost</E>
                     to be consistent with 42 U.S.C. 7259a which replaces the outdated definition in the current pricing regulation.
                </P>
                <P>
                    • Add the definition of 
                    <E T="03">Indirect Costs</E>
                     to support the proposed definition of 
                    <E T="03">Full Cost</E>
                     and provide clarity on the cost.
                </P>
                <P>
                    • Add the definition of 
                    <E T="03">Proprietary Research</E>
                     to describe the special pricing activity proposed in § 1009.5(e).
                </P>
                <P>
                    • Add the definition of 
                    <E T="03">Non-proprietary research</E>
                     to describe the special pricing activity proposed in § 1009.5(e).
                </P>
                <P>
                    • Add the definition of 
                    <E T="03">User Facilities</E>
                     to describe the special pricing activity proposed in § 1009.5(e).
                </P>
                <HD SOURCE="HD2">§ 1009.3 Policy</HD>
                <P>The proposed rule codifies the Federal Administrative Charge rate charged to non-federal entities and makes minor changes to the section to provide clarifying information and details regarding full cost recovery. Specifically:</P>
                <P>• In § 1009.3(a), DOE is proposing to rephrase the policy slightly for clarity.</P>
                <P>• In § 1009.3(b), DOE proposes to remove the introductory paragraph to current § 1009.3(b) and relocate the substance of the exceptions in the § 1009.3(b)(1) provisions to § 1009.4, Exclusions. DOE proposes to redesignate current § 1009.3(b)(2) as § 1009.3(b) and § 1009.3(c). In proposed 1009.3(b), DOE defines the cost of materials delivered from stock as the replacement cost, not the original acquisition cost.</P>
                <P>• In § 1009.3(c), DOE proposes to define the price of materials delivered from stock that cannot be replaced as the fair value. DOE proposes to redesignate current § 1009.3(b)(2) as § 1009.3(b) and § 1009.3(c).</P>
                <P>
                    • In § 1009.3(d), DOE proposes to add a new provision to provide additional detail on how the Federal Administrative Charge is applied to the Department's reimbursable work. The new provision codifies the Department's uniform Federal Administrative Charge rate charged for reimbursable work consistent with Executive Order 14192, 
                    <E T="03">Unleashing Prosperity Through Deregulation.</E>
                     The Federal Administrative Charge paid by non-Federal entities is scheduled to fall from 3 percent to 1 percent on October 1, 2025, consistent with the provisions of DOE Order 522.1A. The reduction in the Federal Administrative Charge is estimated to reduce aggregate costs for non-Federal entities by approximately $4 million per year, based on 2022 non-Federal reimbursable work volumes.
                </P>
                <HD SOURCE="HD2">§ 1009.4 Exclusions</HD>
                <P>DOE is proposing to expand the list of exclusions due to new statutes, Executive orders, regulations, and DOE activities since 1980 when DOE's pricing regulations were first issued. Specifically, DOE proposes to:</P>
                <P>• In § 1009.4(a), update the provision since the Economic Regulatory Administration is no longer a Departmental Element in DOE. The Economic Regulatory Administration's regulations are covered in 10 CFR parts 580 through 590 which pertains to Natural Gas.</P>
                <P>• In § 1009.4(b), remove the to the “Alaska Power Administration” since it is no longer a Departmental Element at DOE. DOE also proposes to add examples of unique authorities of the power marketing administration.</P>
                <P>• In § 1009.3(c), propose removing Naval Petroleum and Oil Shales Reserves provisions and replace with a provision for the Isotope Production and Distribution Fund. DOE's original Naval Petroleum and Oil Shales Reserves were divested in 2015 and thus the provisions no longer apply since the Department is not responsible for the sale of materials and good for these reserves. DOE also proposes to add a provision for the Isotope Production and Distribution Fund as a replacement. Sales of the Isotope Production and Distribution Fund are governed by section 41 of Public Law 83-703 (42 U.S.C. 2061) instead of the general pricing policy.</P>
                <P>• In § 1009.4(d), propose revision of the exclusion for source material, special nuclear material, and byproduct material which is governed by the Atomic Energy Act and excluded in DOE's current practices. DOE also proposes to move the uranium sales portion of the current regulation to new standalone provision in § 1009.4(j).</P>
                <P>
                    • In § 1009.4(e), revise provision to include references for the pricing of 
                    <PRTPAGE P="7407"/>
                    information requests, such as, Public Law 89-487 for the Freedom of Information Act.
                </P>
                <P>• In § 1009.4(f), update to include references for the pricing of data provided by the Energy Information Administration covered by section 205 of Public Law 95-91, Department of Energy Organization Act, as amended (42 U.S.C. 7135(g)).</P>
                <P>• In § 1009.4(g), revise to include references for the pricing of the Strategic Petroleum Reserve subject to Section 160 of Public Law 94-163, Energy Policy and Conservation Act, as amended (42 U.S.C. 6241).</P>
                <P>• In § 1009.4(h), revise language to include references for the pricing of excess and surplus property covered under 41 CFR part 102-36 to 41 CFR part 102-38.</P>
                <P>• In § 1009.4(i), update language on access permits to conform with the current provision in 10 CFR part 725. Over the years, 10 CFR part 725 was broadened to restrict access to data for other types of radioactive material and technology for civilian use, such as, plutonium material.</P>
                <P>• In § 1009.4(j), propose removing current provision and replace with uranium sales provisions, to clarify that DOE contractors are subject to the regulation consistent with DOE practice. The language was ambiguous to the applicability to DOE contractors. DOE also proposes to replace current provision with a new standalone uranium sale provision in § 1009.4(j). Sales or transfer of uranium inventory are subject to the provisions of section 3112 of Public Law 104-134, Debt Collection Improvement Act of 1996, Subsection, USEC Privatization Act (42 U.S.C. 2297h-10(d)).</P>
                <P>• In § 1009.4(k), add a new provision to reflect updates in 44 U.S.C. 3506 which requires agencies to reduce information collection burdens on the public and not charge fees for the dissemination of public information.</P>
                <P>• In § 1009.4(l), propose adding real property to the list of exclusions which is subject to other regulations referenced, such as, 10 CFR part 770.</P>
                <P>• In § 1009.4(m), propose adding Nuclear Waste Fund to the list of exclusions which is subject to section 302 of Public Law 97-425, Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).</P>
                <P>• In § 1009.4(n), propose adding royalty rates subject to 48 CFR part 970.</P>
                <P>• In § 1009.4(o), propose adding transactions subject to section 301 of Public Law 102-377, Energy and Water Development Appropriations Act of 1993, (42 U.S.C. 7278).</P>
                <P>• In § 1009.4(p), propose adding loan program fees subject to section 1702 of Public Law 109-58, Energy Policy Act of 2005, as amended [42 U.S.C. 16512(h)], or other applicable statute or regulation.</P>
                <P>• In § 1009.4(q), propose adding Intergovernmental Personnel Act details subject to 5 CFR part 334.</P>
                <P>• In § 1009.4(r), propose adding elemental mercury management and storage fees subject to section 5 of Public Law 110-414, Mercury Export Ban Act of 2008, as amended (42 U.S.C. 6939f).</P>
                <HD SOURCE="HD2">§ 1009.5 Special Pricing Activities</HD>
                <P>
                    In this proposed rule, DOE removes the current section “Supersession” and replacing it with a “Special Pricing Activities” section since the supersessions no longer apply and only affected 
                    <E T="04">Federal Register</E>
                     notices published prior to October 24, 1980. The Supersession section provided a statement that prices published prior to October 24, 1980, have been superseded with the issuance of 10 CFR part 1009. These prices and activities that were superseded have not been tracked since 1980. Special Pricing Activities are deviations from full cost recovery or pricing activities not covered in more specific statute, Executive order, or regulation. Certain statutes provide DOE leeway to charge less than full cost recovery or negotiate the pricing for items without more specific pricing instructions. Here is a summary of the proposed additions to the section:
                </P>
                <P>• In § 1009.5(a), DOE proposes to describe special pricing activities and its relation to the general pricing policy.</P>
                <P>• In § 1009.5(b), DOE proposes to add the pricing approach to meet the Department's nuclear nonproliferation mission including cost-sharing and negotiation of acceptance fees. The Department, led by the NNSA, has a nuclear nonproliferation mission which includes the removal, consolidation, and disposal of nuclear material internationally to support permanent threat reduction. Under section 3113 of Public Law 109-364, John Warner National Defense Authorization Act for Fiscal Year 2007, as amended (50 U.S.C. 2569), the Secretary of Energy has authority to retain and use funds contributed under the program through agreements with other parties, including foreign governments. The NNSA's Office of Nuclear Material Removal and Elimination supports high-income economy countries (as identified by the World Bank) on a cost-sharing basis and thus charges a fee for acceptance of spent nuclear fuel and/or separated plutonium. Since the formal end of the Foreign Research Reactor Spent Nuclear Fuel Acceptance Program in 2019, the Office of Nuclear Material Removal and Elimination has negotiated acceptance fees for the limited receipts of spent nuclear fuel exempted from this deadline on a case-by-case basis. The negotiated acceptance fees are based on a number of factors, including the full cost of disposal and nuclear security and nonproliferation considerations.</P>
                <P>• In § 1009.5(c), DOE proposes to add the Research Reactor Infrastructure Program to the special pricing activities section. The program permits DOE to provide, at no charge, support to participating in domestic research reactors; and describes a cost sharing arrangement when the reactor is used for commercial purposes. The Research Reactor Infrastructure Program is authorized by section 31 of Public Law 83-703 of the Atomic Energy Act as amended (42 U.S.C. 2051) and supports the Department's interest in research and development of nuclear energy. Under this program, the Department will provide, at no charge, support and other services to participate in domestic research reactors when approved by DOE management. These activities include, but are not limited to, the supply of nuclear fuel and disposal of DOE-owned spent nuclear fuel. However, when reactor operations support both the DOE research and development mission and other commercial applications, the reactor operators shall pay a share of the full cost of DOE support that is proportional to use of the reactor for commercial purposes.</P>
                <P>• § 1009.5(d) proposes to add the pricing policy for museums and exhibits. This paragraph establishes that visitors to DOE museums and exhibits will not be charged admission fees unless there is specific authority to charge the fees. This pricing policy has been a historical practice to promote science-based education and has appeared in DOE internal pricing policy since at least 1992.</P>
                <P>
                    • § 1009.5(e) proposes to add Departmental User Facilities. This paragraph clarifies that access to non-NNSA user facilities will not be charged fees for non-proprietary research when approved by laboratory management based on section 2203 of Public Law 104-486 of the Energy Policy Act of 1992 (42 U.S.C. 13503). The result of non-proprietary research is published or otherwise shared without charge by the researchers and is not subject to ownership. Thus, access to user facilities without charge by outside researchers advances DOE's science mission. However, the “Servicemember 
                    <PRTPAGE P="7408"/>
                    Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025” Public Law 118-159 (H.R. 5009) updated section 3264 of the NNSA Act (50 U.S.C. 2464) to state “the cost-reimbursable use” of the capabilities of the national security laboratories by non-NNSA elements. Thus, research and work at a NNSA laboratory must be charged a fee that realizes full cost recovery. Also, non-proprietary users may be charged incremental costs over and above the normal use of a DOE and NNSA facility. Pricing for proprietary research at user facilities is full cost recovery since the research would be owned by a third party and might be used for profit.
                </P>
                <P>• § 1009.5(f). Royalties for DOE-Owned Intellectual Property. This proposed section clarifies that royalties for DOE-Owned Intellectual Property are subject to negotiation between DOE and the licensee; and not based on the cost for developing the technology. Technology Transfer statutes, such as, Public Law 96-517 the Bayh-Dole Act, seek to incentivize the deployment and commercialization of federal funded intellectual property. The royalty rates will be stipulated in the licensing agreement.</P>
                <HD SOURCE="HD2">§ 1009.6 Dissemination of prices and charges</HD>
                <P>DOE is proposing to update the language and points of contacts in this section to reflect current practice and information.</P>
                <HD SOURCE="HD1">IV. Regulatory Review</HD>
                <HD SOURCE="HD2">A. Review Under Executive Order 12866</HD>
                <P>Executive Order (“E.O.”) 12866, “Regulatory Planning and Review,” 58 FR 51735 (Oct. 4, 1993) requires agencies, to the extent permitted by law, to (1) propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as, user fee or profit or marketable permits, or providing information upon which choices can be made by the public.</P>
                <P>Section 6(a) of E.O. 12866 also requires agencies to submit “significant regulatory actions” to OIRA for review. OIRA has determined that this final regulatory action does not constitute a “significant regulatory action” under section 3(f) of E.O. 12866. Accordingly, this action was not submitted to OIRA for review under E.O. 12866.</P>
                <HD SOURCE="HD2">B. Review Under the National Environmental Policy Act</HD>
                <P>
                    DOE has determined that promulgation of this proposed rule falls into a class of actions that would not individually or cumulatively have a significant impact on the human environment, as determined by DOE's regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ) (NEPA). Specifically, DOE has determined that this proposed rule is covered under the categorical exclusion found in the DOE's NEPA regulations at paragraph A5 of appendix A to subpart D, 10 CFR part 1021, which applies to rulemaking that amends an existing rule or regulation which does not change the environmental effect of the rule or regulation being amended. Accordingly, neither an environmental assessment nor an environmental impact statement is required.
                </P>
                <HD SOURCE="HD2">C. Review Under the Regulatory Flexibility Act</HD>
                <P>
                    The Regulatory Flexibility Act (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process (68 FR 7990). DOE has made its procedures and policies available on the Office of General Counsel's website: 
                    <E T="03">www.energy.gov/gc/downloads/executive-order-13272-consideration-small-entities-agency-rulemaking.</E>
                </P>
                <P>DOE has reviewed this proposed rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. The proposed rule adopts current policy concerning charges and prices to small business entities, and does not change or amend the pricing applicable to small businesses or other small entities. On the basis of the foregoing, DOE certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this rulemaking. DOE's certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b).</P>
                <HD SOURCE="HD2">D. Review Under the Paperwork Reduction Act</HD>
                <P>
                    This proposed rule imposes no new information or recordkeeping requirements. Accordingly, OMB clearance is not required under the Paperwork Reduction Act (PRA). (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <HD SOURCE="HD2">E. Review Under the Unfunded Mandates Reform Act of 1995</HD>
                <P>
                    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy (2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy statement is also available at 
                    <E T="03">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.</E>
                    <PRTPAGE P="7409"/>
                </P>
                <P>This proposed rule does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by the private sector. As a result, the analytical requirements of UMRA do not apply.</P>
                <HD SOURCE="HD2">G. Review Under Executive Order 13132</HD>
                <P>Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has examined this proposed rule and has determined that it would not preempt State law and would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132.</P>
                <HD SOURCE="HD2">H. Review Under Executive Order 12988</HD>
                <P>With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), imposes on executive agencies the general duty to adhere to the following requirements: (1) eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that executive agencies make every reasonable effort to ensure that the regulation: (1) clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the proposed rule meets the relevant standards of Executive Order 12988.</P>
                <HD SOURCE="HD2">I. Review Under the Treasury and General Government Appropriations Act, 2001</HD>
                <P>The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB.</P>
                <P>OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.</P>
                <HD SOURCE="HD2">J. Review Under Executive Order 13211</HD>
                <P>Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001) requires Federal agencies to prepare and submit to the OMB, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that: (1) is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This proposed rule would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects.</P>
                <HD SOURCE="HD2">K. Review Under Executive Order 13175</HD>
                <P>Under E.O. 13175, “Consultation and Coordination with Indian Tribal Governments,” 65 FR 67249 (Nov. 6, 2000), DOE may not issue a discretionary rule that has Tribal implications or that imposes substantial direct compliance costs on Indian Tribal governments unless DOE provides funds necessary to pay the costs of the Tribal governments or consults with Tribal officials before promulgating the rule. DOE anticipates that this proposed rule will not have substantial direct effects on one or more Indian Tribes, will not impose substantial direct compliance costs on Indian Tribal governments, and will not preempt Tribal laws. Accordingly, the funding and consultation requirements of E.O. 13175 do not apply, and a Tribal summary impact statement is not required.</P>
                <HD SOURCE="HD2">L. Review Under Additional Executive Orders and Presidential Memoranda</HD>
                <P>DOE has examined this proposal and has tentatively determined that it is consistent with the policies and directives outlined in E.O. 14154, “Unleashing American Energy,” E.O. 14192, “Unleashing Prosperity Through Deregulation,” E.O. 14219, “Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative” and Presidential Memorandum, “Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis.” This proposal, if finalized as proposed, is expected to be an Executive Order 14192 deregulatory action. The provision in proposed § 1009.3(d) codifies the Department's uniform Federal Administrative Charge rate paid by non-Federal entities. The Federal Administrative Charge paid by non-Federal entities is scheduled to fall from 3 percent to 1 percent on October 1, 2025. The reduction in the Federal Administrative Charge is estimated to reduce aggregate costs for non-Federal entities by approximately $4 million per year, based on 2022 non-Federal reimbursable work volumes.</P>
                <HD SOURCE="HD1">V. Public Participation—Submission of Comments</HD>
                <P>
                    DOE will accept comments, data, and information regarding this proposed rule before or no later than the date provided in the 
                    <E T="02">DATES</E>
                     section at the beginning of this proposed rule. Interested persons are invited to participate in this proceeding by submitting data, views, or arguments using one of the methods indicated in the 
                    <E T="02">ADDRESSES</E>
                     section of this notice of proposed rulemaking. To help DOE review the comments, interested persons are asked to refer to specific proposed rule provisions, if possible.
                </P>
                <P>
                    <E T="03">Submitting comments via www.regulations.gov.</E>
                     The 
                    <E T="03">www.regulations.gov</E>
                     web page will 
                    <PRTPAGE P="7410"/>
                    require you to provide your name and contact information. Your contact information will be viewable to DOE staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.
                </P>
                <P>However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.</P>
                <P>
                    Do not submit to 
                    <E T="03">www.regulations.gov</E>
                     information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (“CBI”)). Comments submitted through 
                    <E T="03">www.regulations.gov</E>
                     cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section.
                </P>
                <P>
                    DOE processes submissions made through 
                    <E T="03">www.regulations.gov</E>
                     before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that 
                    <E T="03">www.regulations.gov</E>
                     provides after you have successfully uploaded your comment.
                </P>
                <P>
                    <E T="03">Submitting comments via email, hand delivery/courier, or postal mail.</E>
                     Comments and documents submitted via email, hand delivery/courier, or postal mail also will be posted to 
                    <E T="03">www.regulations.gov.</E>
                     If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via postal mail or hand delivery/courier, please provide all items on a CD, if feasible, in which case it is not necessary to submit printed copies. No faxes will be accepted.
                </P>
                <P>Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, that are written in English, and that are free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author.</P>
                <P>
                    <E T="03">Confidential Business Information.</E>
                     Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two well-marked copies: one copy of the document marked “confidential” including all the information believed to be confidential, and one copy of the document marked “non-confidential” with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination.
                </P>
                <P>It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).</P>
                <P>
                    <E T="03">Campaign form letters.</E>
                     Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time
                </P>
                <HD SOURCE="HD1">VI. Approval by the Office of the Secretary of Energy</HD>
                <P>The Secretary of Energy has approved publication of this notice of proposed rulemaking and request for comments.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 10 CFR Part 1009</HD>
                    <P>Fees.</P>
                </LSTSUB>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    This document of the Department of Energy was signed on February 12, 2026, by Christopher S. Johns, Deputy Chief Financial Officer, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <DATED>Signed in Washington, DC, on February 13, 2026.</DATED>
                    <NAME>Jennifer Hartzell,</NAME>
                    <TITLE>Alternate Federal Register Liaison Officer, U.S. Department of Energy.</TITLE>
                </SIG>
                <P>For the reasons stated in the preamble, DOE proposes to revise part 1009 of Chapter X, of title 10 of the Code of Federal Regulations to read as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 1009—GENERAL POLICY FOR PRICING AND CHARGING FOR MATERIALS AND SERVICES SOLD BY DOE</HD>
                    <CONTENTS>
                        <SECHD>Sec.</SECHD>
                        <SECTNO>1009.1 </SECTNO>
                        <SUBJECT>Purpose and scope.</SUBJECT>
                        <SECTNO>1009.2 </SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <SECTNO>1009.3 </SECTNO>
                        <SUBJECT>Policy.</SUBJECT>
                        <SECTNO>1009.4 </SECTNO>
                        <SUBJECT>Exclusions.</SUBJECT>
                        <SECTNO>1009.5 </SECTNO>
                        <SUBJECT>Special Pricing Activities.</SUBJECT>
                        <SECTNO>1009.6 </SECTNO>
                        <SUBJECT>Dissemination of prices and charges.</SUBJECT>
                    </CONTENTS>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                             42 U.S.C. 7254; 42 U.S.C. 2011 
                            <E T="03">et seq;</E>
                             42 U.S.C. 2201; 31 U.S.C. 902(a)(8); 31 U.S.C. 9701; 42 U.S.C. 7259a; 42 U.S.C. 13503(a)(2).
                        </P>
                    </AUTH>
                    <SECTION>
                        <SECTNO>§ 1009.1</SECTNO>
                        <SUBJECT> Purpose and scope.</SUBJECT>
                        <P>(a) This part establishes Department of Energy policy for establishing prices and charges for Department materials, goods, and services sold to organizations and persons outside the Federal Government, including, foreign entities, governments, and international organizations.</P>
                        <P>(b) This part applies to all elements of the Department, including the National Nuclear Security Administration. This part does not apply to the Federal Energy Regulatory Commission.</P>
                        <P>(c) This part applies to Department contractors providing materials, goods, and services to organizations and persons outside the Federal Government when such materials, goods, and services are provided pursuant to a contract with the Department of Energy.</P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1009.2</SECTNO>
                        <SUBJECT> Definitions.</SUBJECT>
                        <P>In this part:</P>
                        <P>
                            <E T="03">Cost objective</E>
                             means a function, organizational subdivision, contract, or other work unit for which cost data are 
                            <PRTPAGE P="7411"/>
                            desired and for which provision is made to accumulate and measure the cost to processes, products, jobs, capitalized projects, etc. The part adopted the definition in the Cost Accounting Standards: 48 CFR 9904.406-30.
                        </P>
                        <P>
                            <E T="03">Department</E>
                             or 
                            <E T="03">DOE</E>
                             means the U.S. Department of Energy.
                        </P>
                        <P>
                            <E T="03">Direct cost</E>
                             is any cost which can be identified specifically with a particular final cost objective.
                        </P>
                        <P>
                            <E T="03">Federal Administrative Charge</E>
                             includes charges for Federal administrative support, overhead associated with departmental operations outside the facility providing the material or service, depreciation, and imputed interest.
                        </P>
                        <P>
                            <E T="03">Full cost</E>
                             means:
                        </P>
                        <P>(1) The direct cost incurred by DOE or a DOE contractor in providing the materials, goods, or services;</P>
                        <P>(2) Indirect costs associated with operations at the DOE facility providing the materials, goods, or services; and</P>
                        <P>(3) The Federal Administrative Charge.</P>
                        <P>
                            <E T="03">Indirect Costs</E>
                             are common costs which cannot be directly assigned to specific cost objectives and are, therefore, allocated to cost objectives in a systematic cost allocation process. For contractor-operated facilities, the applicable cost accounting practices are specified in 48 CFR part 9904, as implemented by DOE policy and specific contract provisions.
                        </P>
                        <P>
                            <E T="03">Prices</E>
                             means the monetary amounts generally established and published for recurring sales of the same materials and services.
                        </P>
                        <P>
                            <E T="03">Proprietary Research</E>
                             means research where the results are not intended to be published publicly.
                        </P>
                        <P>
                            <E T="03">Non-proprietary research</E>
                             means research where the results are published publicly to be used and cited by others for the advancement of science.
                        </P>
                        <P>
                            <E T="03">User facility</E>
                             means a facility of any particular type, technical discipline, or size that is managed and funded by a DOE program and operated with the express purpose of being available for research by a broad community of qualified users on the basis of programmatic interest, scientific merit of research proposals, technical feasibility, capability of the experimental group, and availability of the resources required. The term includes:
                        </P>
                        <P>(1) A user facility as described in section 2203(a)(2) of the Energy Policy Act of 1992, Public Law 104-486 [42 U.S.C. 13503(a)(2)];</P>
                        <P>(2) An NNSA Defense Programs Technology Deployment Center/User Facility; and,</P>
                        <P>(3) Any other departmental facility designated by the Department as a user facility.</P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1009.3</SECTNO>
                        <SUBJECT> Policy.</SUBJECT>
                        <P>(a) Unless otherwise specified in this part, the Department's price or charge for materials and services sold to persons and organizations outside the Federal government shall be the full cost for those materials and services.</P>
                        <P>(b) For materials delivered from stock, DOE charges the replacement cost plus the cost of packaging, shipping, preparation, and other costs incurred in providing material and goods from stock.</P>
                        <P>(c) For materials delivered from stock that are not replaced, DOE will charge the fair value. In determining the fair value, the Department may consider the market value, the market value of similar assets, or other appropriate valuation methods.</P>
                        <P>(d) Federal Administrative Charge</P>
                        <P>(1) Beginning on October 1, 2025, the Federal Administrative Charge is set at 1 percent of the total direct and indirect costs incurred by a DOE facility when performing reimbursable work.</P>
                        <P>(2) The Federal Administrative Charge is assessed on costs reimbursed by non-Federal entities. This includes the cost of Strategic Partnership Projects, Cosponsored Work between DOE and non-Federal entities, Cooperative Research and Development Agreements (CRADAs), Agreements for Commercializing Technology (ACT), or other Technology Transfer Mechanisms for the deployment and commercialization of technology. In-kind contributions are not subject to the Federal Administrative Charge.</P>
                        <P>(3) The Secretary of Energy may establish or retain other exemptions to the application of the Federal Administrative Charge when permitted by law. As necessary, the Chief Financial Officer provides clarification regarding pricing situations to which the Federal Administrative Charge does not apply.</P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1009.4</SECTNO>
                        <SUBJECT> Exclusions.</SUBJECT>
                        <P>This part does not apply to activities for which the price or charge is provided for by statute, Executive order, or regulation, including the following:</P>
                        <P>(a) DOE's Natural Gas regulations covered in 10 CFR parts 580 through 590.</P>
                        <P>(b) Power marketing and related activities of the Bonneville Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, and the Western Area Power Administration when those activities are carried out under the unique authorities of power marketing administrations, such as, the power rate-making authority for the sale of power and transmission services.</P>
                        <P>(c) Sale of isotopes and related products and services from the Isotope Production and Distribution Program Fund, which are governed by section 41 of Public Law 83-703, Atomic Energy Act of 1954, as amended (42 U.S.C. 2061).</P>
                        <P>(d) Compensation for source material, special nuclear material, and byproduct material which are determined in accordance with the Atomic Energy Act, Public Law 83-703, Atomic Energy Act of 1954 as amended, (42 U.S.C. Chapter 23).</P>
                        <P>(e) Responses to requests for information under the Freedom of Information Act (Pub. L. 89-487), the Privacy Act (Pub. L. 93-579), and 10 CFR 1004.9.</P>
                        <P>(f) Energy data and information provided by the Energy Information Administration in accordance with section 205 of Public Law 95-91, Department of Energy Organization Act, as amended (42 U.S.C. 7135(g)).</P>
                        <P>(g) Crude oil, and related materials and services from the Strategic Petroleum Reserve are determined in accordance with section 160 of Public Law 94-163, Energy Policy and Conservation Act, as amended (42 U.S.C. 6241).</P>
                        <P>(h) Sale of excess and surplus property under 41 CFR part 102-36 to 41 CFR part 102-38.</P>
                        <P>(i) Issuance of access permits to restricted data applicable to civil uses of atomic energy are specified under 10 CFR part 725.</P>
                        <P>(j) Sales or transfer of uranium inventory are subject to the provisions of section 3112(d) of Public Law 104-134, Debt Collection Improvement Act of 1996, Subsection, USEC Privatization Act [42 U.S.C. 2297h-10(d)].</P>
                        <P>(k) Information dissemination products not governed by a more specific statute, Executive order or regulation will be governed by section 3506 of Public Law 104-13, Paperwork Reduction Act of 1995, as amended (44 U.S.C. 3506).</P>
                        <P>(l) Sale and use of real property subject to 10 CFR part 770, 48 CFR 917.74, and 41 CFR part 102-75.</P>
                        <P>(m) Storage and disposal of radioactive waste under the Nuclear Waste Fund, which are determined in accordance with section 302 of Public Law 97-425, Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).</P>
                        <P>
                            (n) Royalty rates and other licensing fees established by DOE contractors when the contractors have title to the 
                            <PRTPAGE P="7412"/>
                            intellectual property that is being licensed subject to 48 CFR part 970.
                        </P>
                        <P>(o) Transactions related to projects carried out in cooperation with other agencies, federal, state, private, or foreign under the authority of section 301 of Public Law 102-377, Energy and Water Development Appropriations Act of 1993, (42 U.S.C. 7278).</P>
                        <P>(p) Loan program fees established by the Director of the Loan Program Office for the loan program that are consistent with the requirements of section 1702 of Public Law 109-58, Energy Policy Act of 2005, as amended [42 U.S.C. 16512(h)], or other applicable statute or regulation.</P>
                        <P>(q) Intergovernmental Personnel Act details between DOE and non-federal organizations covered under 5 CFR part 334.</P>
                        <P>(r) Elemental mercury management and storage fees covered under section 5 of Public Law 110-414, Mercury Export Ban Act of 2008, as amended (42 U.S.C. 6939f).</P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1009.5</SECTNO>
                        <SUBJECT> Special Pricing Activities.</SUBJECT>
                        <P>(a) The activities described by this section are not subject to the general pricing policy described in § 1009.3(a). A DOE activity not identified in this section may also be exempt from § 1009.3(a) if special pricing is permitted by statute.</P>
                        <P>(b) Nuclear Material Removal Program. For high-income economy countries identified by the World Bank, NNSA's Office of Nuclear Material Removal and Elimination may negotiate cost-sharing arrangements at less than full cost, including charging a fee for acceptance of spent nuclear fuel and/or separated plutonium.</P>
                        <P>(c) Research Reactor Infrastructure Program.</P>
                        <P>(1) Under this program, the Department is permitted to provide, at no charge, support and other services to participating domestic research reactors. These support activities include, but are not limited to, the supply of nuclear fuel and disposal of DOE-owned spent nuclear fuel.</P>
                        <P>(2) When reactor operations support both the DOE research and development mission and other commercial applications, the reactor operators shall pay a share of the full cost of DOE support that is proportional to use of the reactor for commercial purposes.</P>
                        <P>(d) Museums and Exhibits. Unless there is specific authority to collect admission fees, visitors to DOE museums and exhibits may not be charged for admission.</P>
                        <P>(e) Departmental User Facilities-</P>
                        <P>(1) Non-Proprietary Research.</P>
                        <P>(i) Access to non-NNSA user facilities will be authorized at no charge for non-proprietary research that is approved by laboratory management, usually with the advice of a technical advisory committee.</P>
                        <P>(ii) At the discretion of the facility manager, a user engaged in non-proprietary research at a user facility should be charged for incremental costs incurred over and above normal facility costs, such as, operating the facility outside of the normal operating mode or schedule; unusual security, safety, or technical arrangements; and consumables.</P>
                        <P>(iii) Research and work at a NNSA laboratory is charged on a cost-reimbursable basis per section 3264 of the National Nuclear Security Administration Act (50 U.S.C. 2464). Pricing for non-Proprietary Research at an NNSA laboratory must be charged a fee that realizes full cost recovery as defined in § 1009.3 of this part.</P>
                        <P>(2) Proprietary Research.</P>
                        <P>(i) A user engaged in proprietary research at a user facility must be charged a fee that realizes full cost recovery.</P>
                        <P>(ii) During the build-out period (start-up) of a new user facility, a user engaged in proprietary research at the facility may be charged a modified annual rate that is equivalent to the estimated full cost recovery rate for the facility when it operates at its planned practical capacity.</P>
                        <P>(iii) A user engaged in proprietary research must be charged for all incremental costs incurred over and above normal use of the facility, which may include the costs of operating the facility outside of the normal operating mode or schedule; unusual security, safety, or technical arrangements; and consumables.</P>
                        <P>(f) Royalties for DOE-Owned Intellectual Property. Royalty rates and other licensing fees are negotiated between DOE and the licensee. The setting of royalty rates and other licensing fees is not based on the cost of developing the technology. Royalty rates and other licensing fees shall be stipulated in the DOE licensing agreement and approved as part of the licensing agreement.</P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1009.6</SECTNO>
                        <SUBJECT> Dissemination of prices and charges.</SUBJECT>
                        <P>(a) Pricing information for specific materials, goods and services is available from the DOE facility or office providing the material, good, or service, or from the responsible DOE Federal program office. When the price represents the full cost of services not yet provided or materials not yet fabricated or procured, the Department can provide only an estimate of costs and cannot provide a fixed price for the material or service requested.</P>
                        <P>(b) If the appropriate office cannot be determined, inquiries regarding the appropriate contact office should be addressed to the Office of the Chief Financial Officer, 1000 Independence Avenue SW, Washington, DC 20585.</P>
                    </SECTION>
                </PART>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03159 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6450-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD</AGENCY>
                <CFR>36 CFR Part 1196</CFR>
                <DEPDOC>[Docket No. ATBCB-2026-0001]</DEPDOC>
                <RIN>RIN 3014-AA50</RIN>
                <SUBJECT>Accessibility Standards for Universal Changing Stations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Architectural and Transportation Barriers Compliance Board.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Advance notice of proposed rulemaking.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Architectural and Transportation Barriers Compliance Board (Access Board) is issuing this Advance Notice of Proposed Rulemaking (ANPRM) to begin the process of establishing accessible design standards for universal changing tables and standards on the privacy, accessibility, and sanitation equipment of the room in which a universal changing table is located, pursuant to the FAA Reauthorization Act of 2024. The Access Board seeks public comment on its proposed approach to accessibility standards for these facilities to inform a future rulemaking establishing such standards.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments by April 20, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments, identified by docket number (ATBCB-2026-0001), by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: https://regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Email:</E>
                          
                        <E T="03">docket@access-board.gov.</E>
                         Include docket number ATBCB-2026-0001 in the subject line of the message.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Office of Technical and Information Services, U.S. Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions must include the docket number (ATBCB-2026-0001) for this regulatory action. All comments received will be posted without change to 
                        <E T="03">www.regulations.gov,</E>
                          
                        <PRTPAGE P="7413"/>
                        including any personal information provided.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         For access to the docket, to read background documents or public comments received, go to: 
                        <E T="03">https://www.regulations.gov/docket/ATBCB-2026-00</E>
                        01.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        <E T="03">Technical information:</E>
                         Josh Schorr, (202) 272-0029, 
                        <E T="03">schorr@access-board.gov. Legal information:</E>
                         Wendy Marshall, (202) 272-0043, 
                        <E T="03">marshall@access-board.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Legal Authority</HD>
                <P>
                    The FAA Reauthorization Act of 2024 (“FAA Reauthorization Act” or “Act”) directs the United States Access Board (“Access Board” or “Board”) to establish comprehensive accessible design standards for universal changing tables and standards on the privacy, accessibility, and sanitation equipment of the room in which such tables are located, required to be installed, or maintained. 
                    <E T="03">See</E>
                     49 U.S.C. 47107(y). As stated in the Act, these standards are to be used by sponsors of medium and large hub airports that are seeking airport development project grants. 
                    <E T="03">Id.</E>
                     Beginning in fiscal year 2030, medium and large hub airport applicants for these grants must provide written assurance that they will install or maintain at least 1 private single room with a universal changing station in each passenger terminal building of the airport.
                    <SU>1</SU>
                    <FTREF/>
                      
                    <E T="03">Id.</E>
                     The Access Board thus issues this ANPRM to solicit information to aid in the development of these statutorily required standards.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         As this scoping for universal changing tables is specified in the statute, the Access Board does not intend to issue scoping in its regulation. The rulemaking contemplated in this ANPRM would be limited to providing technical accessibility standards for the universal changing tables required by the FAA Reauthorization Act of 2024 and would not seek to require universal changing tables in other places or circumstances.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Explanation of Universal Changing Tables</HD>
                <P>A universal changing table (also known as an “adult changing table”) is a table on which an individual with a disability receives assistance from a caregiver with toileting. Such assistance may include activities such as changing incontinence garments or other dressings, colostomy bags, or catheters or assistance with other personal care or medical needs. Universal changing tables are used by individuals with a range of disabilities and medical conditions. These individuals may be wheelchair users, older adults, or children, teens, or adults with developmental disabilities, among others. Universal changing tables are larger and sturdier than baby changing stations and are designed to promote dignity and privacy for individuals who need assistance with personal care. They also provide a safer and easier way for caregivers to provide assistance with toileting and dressing. In the absence of a universal changing table, individuals with disabilities will often have to lie on the floor of a bathroom to receive assistance. Beyond the dignity and hygiene issues lying on a floor presents, it can also prove difficult and dangerous for caregivers to help individuals transfer between their wheelchairs and the floor. This scenario risks injury to both individuals with disabilities and caregivers.</P>
                <HD SOURCE="HD1">III. Relevant Existing Accessibility Standards</HD>
                <HD SOURCE="HD2">A. Federal Accessibility Standards</HD>
                <P>
                    The Access Board issues and maintains accessibility guidelines for the built environment under the Americans with Disabilities Act and the Architectural Barriers Act (ADA and ABA Accessibility Guidelines), which provide the technical basis for enforceable standards issued under the ADA by the Department of Justice and the Department of Transportation, and under the ABA by four standard-setting agencies.
                    <SU>2</SU>
                    <FTREF/>
                      
                    <E T="03">See</E>
                     36 CFR part 1191. These guidelines, which were last revised in 2004, do not contain specific requirements for adult changing tables; however, they do specify accessibility requirements for toilet rooms, toilet compartments, lavatories, sinks, and work surfaces. 36 CFR part 1191, Appendix A, 603, 604, 606, and 902. These existing provisions would be applicable to elements of an airport toilet room that includes a universal changing table to the extent that Title II of the ADA (state and local government facilities) and the ABA (applicable to some nonfederal facilities constructed with certain federal funds) apply to the facility.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Under the ABA, the Department of Defense and the U.S. Postal Service issue accessibility standards for their own facilities and the Department of Housing and Urban Development issues accessibility standards for residential structures subject to the ABA. 42 U.S.C. 4153-4154a. All other facilities subject to the ABA, including any airports that may be subject to the ABA as a result of certain federal construction funds, must comply with accessibility standards set by the General Services Administration. 42 U.S.C. 4152.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Industry Standards</HD>
                <P>
                    An existing industry standard addresses universal changing tables: section 613 of the International Code Council (ICC) A117.1-2017 with Supplement 1. The Access Board participated in the development of this American National Standards Institute (ANSI) approved American National Standard (ANS), which was incorporated into the International Building Code in 2024.
                    <SU>3</SU>
                    <FTREF/>
                     A117.1-2017 with Supplement 1: Standard for Accessible and Useable Buildings and Facilities (ICC 2024). This standard is publicly available on the ICC website: 
                    <E T="03">https://codes.iccsafe.org/content/ICCA117.12017P7/icc-a117-1-2017-with-supplement-1-standard-for-accessible-and-usable-buildings-and-facilities.</E>
                     The Access Board encourages the public to review this standard.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         ANSI is a private, non-profit organization that administers and coordinates the U.S. voluntary standards and conformity assessment system. ANSI is the official U.S. representative to the International Organization for Standardization.
                    </P>
                </FTNT>
                <P>The working group that developed the universal changing table requirements for this industry standard was comprised of 11 committee members and 12 volunteers, including a representative from the Access Board. The working group, which included balanced interest groups of manufacturers and disability advocates, met every two weeks for approximately nine months to develop these specifications. In developing the standards, the working group reviewed state laws that were then in process in 12 U.S. states and 1 Canadian province, as well as information on existing available tables from various manufacturers. The group also considered recommendations from the care industries and caregivers on how they needed to operate around the tables. These specifications went through the hearing, public comment, and review process prior to ANSI approval.</P>
                <P>Section 613 of ICC A117.1-2017 with Supplement 1 provides specific technical criteria for adult changing tables and the rooms in which they are located. Section 613.4 states criteria for the changing surface itself, including size, weight capacity, height adjustability, maneuvering clearances, and side rails. Sections 613.2 and 613.3 address the room configuration and other required elements in the room where the changing table is located.</P>
                <HD SOURCE="HD1">III. Proposed Approach to the NPRM and Questions for Public Comment</HD>
                <P>
                    The FAA Reauthorization Act of 2024 requires the Access Board to issue accessible design standards for universal changing tables, as well as standards on the privacy, accessibility, and sanitation equipment of the room in 
                    <PRTPAGE P="7414"/>
                    which they are located. 49 U.S.C. 47107(y). Below, the Access Board summarizes possible approaches to the structure of each set of standards and requests public comment on these approaches.
                </P>
                <HD SOURCE="HD2">A. Standards for Universal Changing Tables</HD>
                <P>The Access Board is considering an approach to the universal changing table standard that would incorporate by reference section 613.4 of ICC A117.1-2017 with Supplement 1, which is the portion of the existing industry standard that provides technical criteria for the surface of an adult changing table. As noted above, the Access Board participated in the development of this industry standard. The Access Board could incorporate the industry standard into its regulation with or without modifications.</P>
                <P>Alternatively, the Access Board could develop its own standard, drawing from the current ADA and ABA Accessibility Guidelines, 36 CFR part 1191, as well as its Accessibility Standards for Medical Diagnostic Equipment (MDE Standards), 36 CFR part 1195, to establish criteria for the size, capacity, height adjustability, maneuvering clearances, and side rails. While these existing guidelines and standards do not directly address universal changing tables, the criteria for maneuvering clearances, size, capacity, side rails, and height adjustability could be derived from them.</P>
                <P>Use of the MDE Standards would result in different technical requirements than those specified in section 613.4 of ICC A117.1-2017. For example, the MDE Standards require a transfer surface that is height-adjustable from 17 inches to 25 inches with at least 4 additional transfer positions located between the low and high transfer positions, separated by 1 inch. 36 CFR 1195, Appendix, M301. Section 613.4.3 of ICC A117.1-2017 requires that the changing surface be adjustable “at various heights” from 17 inches to 38 inches but does not specify requirements for incremental heights. Standards for universal changing tables derived from ADA and ABA Accessibility Guidelines and MDE standards would take into consideration unique characteristics of a changing table and thus may differ from existing requirements for other types of elements and equipment.</P>
                <P>
                    <E T="03">Question 1:</E>
                     Is the better approach to incorporate the industry standard, section 613.4 of ICC A117.1-2017 with Supplement 1, by reference or to develop an original standard derived from existing federal accessibility standards? Please explain.
                </P>
                <P>
                    <E T="03">Question 2:</E>
                     Were the Access Board to incorporate by reference section 613.4 of ICC A117.1-2017 with Supplement 1, are there any provisions that should be modified or added?
                </P>
                <P>
                    <E T="03">Question 3:</E>
                     As described above, existing federal and industry standards diverge with respect to the height range and intermittent heights of the table surface. The Board is seeking to accommodate the widest range of individuals with disabilities who need to transfer onto and from universal changing tables, as well as caregivers of different heights who must accomplish the tasks without additional assistance. The Board is thus considering requiring the height of this surface to be continuously adjustable within a specified range, which is different than the existing federal and industry standards. The Access Board seeks public comment on the best approach to height adjustability and the optimal range.
                </P>
                <P>
                    <E T="03">Question 4:</E>
                     Please provide information about height adjustability of universal changing tables currently available on the market, and whether existing models are continuously adjustable.
                </P>
                <P>
                    <E T="03">Question 5:</E>
                     For sanitation, should the Access Board require that the universal changing table have a non-porous surface?
                </P>
                <P>
                    <E T="03">Question 6:</E>
                     What other specifications not addressed above, if any, should be required?
                </P>
                <HD SOURCE="HD2">B. Standards for the Rooms in Which Universal Changing Tables Are Located</HD>
                <P>In addition to comprehensive accessible design standards for universal changing tables, the FAA Reauthorization Act of 2024 also directs the Access Board to establish standards on the privacy, accessibility, and sanitation equipment of the rooms in which they are located. The Access Board's likely approach for these standards would be first to draw on its ADA and ABA Accessibility Guidelines, 36 CFR part 1191, which address accessibility of elements of toilet and bathing rooms, including lavatories and sinks, operable parts, doors, turning space, reach ranges, and clear floor or ground space. The Board would likely require that rooms where universal changing tables are located contain certain accessible elements that are needed for assisted toileting. Such elements to be considered by the Board might include a toilet, a sink, a soap dispenser, a hand towel dispenser, a waste receptable, a coat hook, a bench or seating space, or a counter.</P>
                <P>
                    <E T="03">Question 7:</E>
                     What elements that are essential for assisted toileting should be required in the room where a universal changing table is located? Please provide specific information as to the purpose of each recommended element.
                </P>
                <P>In the alternative, the Board could reference A117.1-2017, Section 613.2.1 which requires specific components to be provided in a room with a universal changing table that contains one water closet and one lavatory. This includes soap dispensers, hand towel dispensers, coat hooks, waste receptacles, and signage all in compliance with A117.1-2017.</P>
                <P>
                    <E T="03">Question 8:</E>
                     Should the Access Board incorporate by reference A117.1-2017, Section 613.2.1 instead of creating its own standard based on existing Federal accessibility guidelines? If so, should the Access Board include any additional requirements that go beyond the referenced standard?
                </P>
                <P>
                    <E T="03">Question 9:</E>
                     The sanitation equipment required by ICC A117.1-2017 with Supplement 1 includes a sink and a soap dispenser. What other types of sanitation equipment, if any, should be required?
                </P>
                <P>
                    <E T="03">Question 10:</E>
                     With respect to privacy of the room, the Access Board will likely include a requirement that the door to the room be lockable from the inside. What other specifications for privacy, if any, should be required?
                </P>
                <HD SOURCE="HD2">C. Costs of Providing Universal Changing Tables Required by the FAA Reauthorization Act</HD>
                <P>To aid in the preparation of a preliminary regulatory impact analysis, the Access Board has the following additional questions concerning the costs of providing universal changing tables in affected airports.</P>
                <P>
                    <E T="03">Question 11:</E>
                     The Access Board seeks public comment on the costs associated with the provision of a universal changing table and room where the table is located. The Board especially appreciates information about actual costs incurred in the installation of these facilities.
                </P>
                <P>
                    <E T="03">Question 12:</E>
                     The Access Board seeks information regarding the number of medium and large hub airports that would be applying for airport development grants beginning in 2030, and thus subject to 49 U.S.C. 47107(y); the number of terminal buildings at such airports; and the number of airports and/or terminal buildings where universal changing tables are already provided.
                </P>
                <SIG>
                    <PRTPAGE P="7415"/>
                    <DATED>Approved by vote of the Access Board on January 28, 2026.</DATED>
                    <NAME>Christopher Kuczynski,</NAME>
                    <TITLE>General Counsel. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03199 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8150-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 118</CFR>
                <DEPDOC>[EPA-HQ-OLEM-2025-1707; FRL-7881.2-01-OLEM]</DEPDOC>
                <RIN>RIN 2050-AH41</RIN>
                <SUBJECT>Clean Water Act Hazardous Substance Facility Response Plans; Amendment Reconsideration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Advanced notice of proposed rulemaking.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The U.S. Environmental Protection Agency (EPA or Agency) is publishing an advance notice of proposed rulemaking to seek feedback on reconsidering Clean Water Act Hazardous Substance Facility Response Plans regulations that were published in the 
                        <E T="04">Federal Register</E>
                         on March 28, 2024. This advanced notice of proposed rulemaking seeks feedback on potential amendments to address implementation challenges and clarify requirements from the 2024 final rule. Any resulting proposed amendments will align with Administration priorities and would prioritize opportunities to address regulatory burden while maintaining planning requirements to protect human health and the environment when responding to Clean Water Act Hazardous Substance worst case discharges.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before March 20, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may send comments, identified by Docket ID No. EPA-HQ-OLEM-2025-1707, by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                          
                        <E T="03">https://www.regulations.gov/</E>
                         (our preferred method). Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         U.S. Environmental Protection Agency, EPA Docket Center, Office of Land and Emergency Management Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal Holidays).
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to 
                        <E T="03">https://www.regulations.gov/,</E>
                         including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the “Public Participation” heading of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Rebecca Broussard, Office of Resource Conservation and Recovery Act, Office of Land and Emergency Management, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: (202) 566-0121; email: 
                        <E T="03">torres-rosa.christie@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Acronyms and abbreviations</HD>
                <P>EPA uses multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here:</P>
                <HD SOURCE="HD1">List of Abbreviations and Acronyms</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">ANPRM Advanced Notice of Rulemaking</FP>
                    <FP SOURCE="FP-1">CWA Clean Water Act</FP>
                    <FP SOURCE="FP-1">EPA Environmental Protection Agency</FP>
                    <FP SOURCE="FP-1">FRP Facility Response Plan</FP>
                    <FP SOURCE="FP-1">HS Hazardous Substance</FP>
                    <FP SOURCE="FP-1">PWS Public Warter Systems</FP>
                    <FP SOURCE="FP-1">QI Qualified Individual</FP>
                    <FP SOURCE="FP-1">RA Regional Administrator</FP>
                    <FP SOURCE="FP-1">RQ Reportable quantities</FP>
                </EXTRACT>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Public Participation</FP>
                    <FP SOURCE="FP1-2">A. Written Comments</FP>
                    <FP SOURCE="FP-2">II. General Information</FP>
                    <FP SOURCE="FP1-2">A. Does this action apply to me?</FP>
                    <FP SOURCE="FP1-2">B. What action is the Agency taking?</FP>
                    <FP SOURCE="FP1-2">C. What is the Agency's authority for taking this action?</FP>
                    <FP SOURCE="FP-2">III. Background</FP>
                    <FP SOURCE="FP1-2">A. Rule History</FP>
                    <FP SOURCE="FP1-2">B. Regulatory Requirements</FP>
                    <FP SOURCE="FP-2">IV. Implementation Challenges</FP>
                    <FP SOURCE="FP1-2">A. Applicability Issues</FP>
                    <FP SOURCE="FP1-2">B. Program Implementation Issues</FP>
                    <FP SOURCE="FP-2">V. Statutory and Executive Order Reviews</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Public Participation</HD>
                <HD SOURCE="HD2">A. Written Comments</HD>
                <P>
                    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2025-1707 at 
                    <E T="03">https://www.regulations.gov</E>
                     (our preferred method), or the other methods identified in the 
                    <E T="02">ADDRESSES</E>
                     section. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit to EPA's docket at 
                    <E T="03">https://www.regulations.gov</E>
                     any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is restricted by statute. [insert alternate language about the submission of CBI or PBI directly to the Program Office, if applicable.] Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (
                    <E T="03">i.e.,</E>
                     on the web, cloud, or other file sharing system). 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, PBI, or multimedia submissions; and general guidance on making effective comments.}
                </P>
                <HD SOURCE="HD1">II. General Information</HD>
                <HD SOURCE="HD2">A. Does this action apply to me?</HD>
                <P>A list of NAICS codes at the three-digit level that could be affected by requirements established under Clean Water Act (CWA) section 311(j)(5), as applicable, is provided in table 1.</P>
                <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s50,xs270">
                    <TTITLE>Table 1—Sectors Potentially Affected by the Proposed Rule</TTITLE>
                    <BOXHD>
                        <CHED H="1">NAICS</CHED>
                        <CHED H="1">NAICS description</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">111</ENT>
                        <ENT>Crop Production.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">112</ENT>
                        <ENT>Animal Production and Aquaculture.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">115</ENT>
                        <ENT>Support Activities for Agriculture and Forestry.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">211</ENT>
                        <ENT>Oil and Gas Extraction.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">212</ENT>
                        <ENT>Mining (except Oil and Gas).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">213</ENT>
                        <ENT>Support Activities for Mining.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="7416"/>
                        <ENT I="01">221</ENT>
                        <ENT>Utilities.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">236</ENT>
                        <ENT>Construction of Buildings.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">237</ENT>
                        <ENT>Heavy and Civil Engineering Construction.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">238</ENT>
                        <ENT>Specialty Trade Contractors.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">311</ENT>
                        <ENT>Food Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">312</ENT>
                        <ENT>Beverage and Tobacco Product Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">313</ENT>
                        <ENT>Textile Mills.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">314</ENT>
                        <ENT>Textile Product Mills.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">321</ENT>
                        <ENT>Wood Product Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">322</ENT>
                        <ENT>Paper Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">323</ENT>
                        <ENT>Printing and Related Support Activities.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">324</ENT>
                        <ENT>Petroleum and Coal Products Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">325</ENT>
                        <ENT>Chemical Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">326</ENT>
                        <ENT>Plastics and Rubber Products Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">327</ENT>
                        <ENT>Nonmetallic Mineral Product Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">331</ENT>
                        <ENT>Primary Metal Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">332</ENT>
                        <ENT>Fabricated Metal Product Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">333</ENT>
                        <ENT>Machinery Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">334</ENT>
                        <ENT>Computer and Electronic Product Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">335</ENT>
                        <ENT>Electrical Equipment, Appliance, and Component Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">336</ENT>
                        <ENT>Transportation Equipment Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">339</ENT>
                        <ENT>Miscellaneous Manufacturing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">423</ENT>
                        <ENT>Merchant Wholesalers, Durable Goods.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">424</ENT>
                        <ENT>Merchant Wholesalers, Nondurable Goods.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">441</ENT>
                        <ENT>Motor Vehicle and Parts Dealers.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">444</ENT>
                        <ENT>Building Material and Garden Equipment and Supplies Dealers.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">447</ENT>
                        <ENT>Gasoline Stations.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">453</ENT>
                        <ENT>Miscellaneous Store Retailers.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">481</ENT>
                        <ENT>Air Transportation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">486</ENT>
                        <ENT>Rail Transportation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">488</ENT>
                        <ENT>Support Activities for Transportation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">493</ENT>
                        <ENT>Warehousing and Storage.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">511</ENT>
                        <ENT>Publishing Industries (except Internet).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">518</ENT>
                        <ENT>Data Processing, Hosting, and Related Services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">522</ENT>
                        <ENT>Credit Intermediation and Related Activities.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">531</ENT>
                        <ENT>Real Estate.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">541</ENT>
                        <ENT>Professional, Scientific, and Technical Services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">561</ENT>
                        <ENT>Administrative and Support Services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">562</ENT>
                        <ENT>Waste Management and Remediation Services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">611</ENT>
                        <ENT>Educational Services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">622</ENT>
                        <ENT>Hospitals.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">624</ENT>
                        <ENT>Social Assistance.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">712</ENT>
                        <ENT>Museums, Historical Sites, and Similar Institutions.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">713</ENT>
                        <ENT>Amusement, Gambling, and Recreation Industries.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">811</ENT>
                        <ENT>Repair and Maintenance.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">812</ENT>
                        <ENT>Personal and Laundry Services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">921</ENT>
                        <ENT>Executive, Legislative, and Other General Government Support.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">924</ENT>
                        <ENT>Administration of Environmental Quality Programs.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">926</ENT>
                        <ENT>Administration of Economic Programs.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">928</ENT>
                        <ENT>National Security and International Affairs.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    This table is not intended to be exhaustive but rather provides a guide for readers regarding affected entities potentially regulated by this action. This table includes the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not included in the table could also be regulated. If you have 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>
                <HD SOURCE="HD2">B. What action is the Agency taking?</HD>
                <P>EPA is publishing this advanced notice of rulemaking (ANPRM) to seek feedback on specific elements of the newly promulgated facility response plan (FRP) requirements for worst case discharges of Clean Water Act (CWA) hazardous substances (HS) for non-transportation related onshore facilities under 40 CFR part 118 (89 FR 21924, March 28, 2024). The new requirements focus on facilities that, because of their location, could reasonably be expected to cause substantial harm to the environment by discharging a CWA HS into or on the navigable waters, adjoining shorelines, or exclusive economic zone. The Agency recognizes there are multiple implementation challenges given the complex nature of the new program. Further, the regulated community has also identified process challenges to implementing the requirements as finalized.</P>
                <P>
                    This ANPRM focuses on specific elements of the new requirements with the goal of identifying opportunities to address implementation challenges and clarify the existing requirements, including potential amendments to the existing requirements that could offer potential burden reductions. The regulatory elements for which the Agency is explicitly seeking feedback are detailed in the background section below.
                    <PRTPAGE P="7417"/>
                </P>
                <HD SOURCE="HD2">C. What is the Agency's authority for taking this action?</HD>
                <P>This ANPRM is authorized by section 311(j)(5) and 501(a) of the CWA, (33 U.S.C. 1321(j)(5), 1361(a)). Section 311(j)(5) of the CWA directs the President to issue regulations to require an owner or operator of a facility to prepare and submit a plan for responding, to the maximum extent practicable, to a worst-case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance. Executive Order 12777 (56 FR 54757, October 18, 1991) delegated CWA section 311(j)(5) authority for non-transportation-related onshore facilities to EPA.</P>
                <HD SOURCE="HD1">III. Background</HD>
                <HD SOURCE="HD2">A. Rule History</HD>
                <P>In 1994, EPA promulgated regulations for FRPs for worst case discharges of oil under 40 CFR part 112, subpart D (59 FR 34070, July 1, 1994). On March 21, 2019, the Natural Resources Defense Council, Clean Water Action, and the Environmental Justice Health Alliance for Chemical Policy Reform filed suit in the United States District Court for the Southern District of New York alleging violations of the CWA section 311(j)(5)(A)(i) and the Administrative Procedures Act for failing to promulgate corresponding regulations for FRPs for worst case discharges of CWA HS. Pursuant to a consent decree, on March 28, 2024, EPA finalized facility response planning requirements for CWA HS at 40 CFR part 118 (89 FR 21924, March 28, 2024). The list of CWA HS is available at 40 CFR 116.4 and reportable quantities (RQs) assigned to each of these CWA HS are at 40 CFR 117.3.</P>
                <HD SOURCE="HD2">B. Regulatory Requirements</HD>
                <P>The 2024 final rule established FRP requirements for a worst-case discharge of CWA HS from non-transportation-related onshore facilities that, because of their location, could reasonably be expected to cause substantial harm to the environment by discharging these substances into or on navigable waters, adjoining shorelines, or the exclusive economic zone.</P>
                <P>The applicability requirements establish three paths to determine whether a non-transportation related onshore facility is subject to the CWA FRP rule:</P>
                <P>• Facility owner/operator determination;</P>
                <P>• Regional Administrator (RA) case-by-case determination (applies to any non-transportation-related onshore facility); or</P>
                <P>
                    • Petition (
                    <E T="03">e.g.,</E>
                     by the public) to an EPA Regional Administrator.
                </P>
                <P>
                    The facility owner or operator applicability determination considers multiple criteria in sequential order (40 CFR 118.3). First, an owner or operator of a facility must determine if they satisfy the initial screening criteria that are based on the quantities of each CWA HS at the facility and its distance to navigable waters or conveyance to navigable waters. For purposes of FRP requirements, threshold quantities for each CWA HS are established in 40 CFR 118.3(a) as a multiple of 1,000 for the corresponding Reportable Quantity (RQ) 
                    <SU>1</SU>
                    <FTREF/>
                     pursuant to the authority provided under section 311(b) of the CWA. If a facility does not have more than a CWA HS threshold on-site quantity or if a facility is not within a half mile of a navigable water or a conveyance to navigable waters, then the facility is not subject to the requirements of the rule. However, if a facility exceeds both a CWA HS threshold quantity 
                    <E T="03">and</E>
                     is within one-half mile of a navigable waters or a conveyance to navigable waters, applicability of the FRP requirements is then determined by evaluating substantial harm criteria that depend, in part, on planning distance calculations. There are four substantial harm elements to consider when determining potential applicability:
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         CWA RQs established under 40 CFR 117.3 include five reportable quantities: 1, 10, 100, 1,000 and 5,000 lbs. This corresponds to threshold quantities under 40 CFR 118.3(a) of 1,000, 10,000, 100,000, 1,000,000, and 5,000,000 lbs.
                    </P>
                </FTNT>
                <P>• A reportable discharge of a CWA HS from the facility within the last five years that reached navigable waters;</P>
                <P>• Ability for a discharge of a CWA HS to navigable waters to adversely impact a public water system (PWS);</P>
                <P>• Ability for a discharge of a CWA HS to navigable waters to cause injury to fish, wildlife, and sensitive environments; or</P>
                <P>• Ability for a discharge of a CWA HS to navigable waters to cause injury to public receptors.</P>
                <HD SOURCE="HD1">Figure 1—Applicability Criteria for CWA Hazardous Substance FRP Facilities</HD>
                <GPH SPAN="3" DEEP="131">
                    <GID>EP18FE26.001</GID>
                </GPH>
                <P>
                    Substantial harm criteria require multiple layers of analyses to determine if the facility is located at a distance to an endpoint such that it meets the substantial harm specific thresholds. For example, to determine the ability to adversely impact a PWS, the owner or operator of a facility must evaluate five sub-criteria to assess the substantial harm criterion for PWS. In so doing, the facility should coordinate with the PWS to conduct its assessment. The five sub-criteria for whether a worst case discharge adversely impacts a PWS includes a concentration of a CWA HS that: violates any National Primary Drinking Water Standards or State Drinking Water Regulations, compromises the ability of the PWS to comply with such standards, results in adverse health impacts in people exposed to the maximum concentration that could enter a drinking water distribution system, contaminate public 
                    <PRTPAGE P="7418"/>
                    water system infrastructure, or impair the taste, odor, or other aesthetic characteristics of the drinking water.
                </P>
                <P>
                    The requirements include planning distance calculations for both the facility owner or operator to determine applicability, and, if required to submit an FRP, to determine worst case discharge response resources. These calculations are performance-based in that the owner or operator may use any methodology, model, or technique to calculate planning distance to the three substantial harm criteria endpoints that require such calculation, accounting for all applicable requirements and for facility specific conditions (
                    <E T="03">e.g.,</E>
                     water flow rate). In addition, the final rule provides concentration-based endpoints specific to fish, wildlife, and sensitive environments and public receptors.
                </P>
                <P>The FRP requirements under 40 CFR 118.11 include both general considerations and specific emergency response information, including an emergency response action plan.</P>
                <HD SOURCE="HD3">General Plan Requirements</HD>
                <P>• Consistency with National Contingency Plan and Area Contingency Plans;</P>
                <P>• Identify Qualified Individual (QI) having full authority to implement removal actions and require immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment;</P>
                <P>• Identify, and ensure by contract or other approved means, the availability of private personnel and equipment necessary to remove to the maximum extent practicable a worst-case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge;</P>
                <P>• Describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge;</P>
                <P>• Be updated periodically; and</P>
                <P>• Be resubmitted for approval of each significant change.</P>
                <HD SOURCE="HD3">Emergency Response Information</HD>
                <P>
                    • 
                    <E T="03">Facility information:</E>
                     Facility details including the facility name; latitude and longitude; street address, with city, state, and zip code; telephone number; and facility location information described in a manner that would aid a reviewer and a responder in locating the facility;
                </P>
                <P>
                    • 
                    <E T="03">Owner or operator information:</E>
                     Contact information to include name and preferred contact method;
                </P>
                <P>• Hazard evaluation for worst case discharge into or on the navigable waters or a conveyance to navigable waters considering a risk-based decision support system that is chemical specific (health hazards, fire hazards, chemical reactivity, hazard classifications, and physical and chemical properties, potential effects) and processes that will help responders make decisions on the identification, characterization, and control, of risks to human health and the environment following a CWA HS discharge;</P>
                <P>• History of reportable discharges of CWA HS in quantities equal to or exceeding in any 24-hour period the designated RQ and that reached navigable waters (see 40 CFR 117.21);</P>
                <P>• Personnel and equipment to implement the necessary response action to respond to a CWA HS worst case discharge, and to mitigate or prevent a substantial threat of such discharge;</P>
                <P>• Evidence of contracts to ensure the availability of proper response personnel and equipment, including firefighting capabilities for handling a worst case discharge incident resulting from a fire or explosion, if facility or mutual aid resources are not available;</P>
                <P>• A list of individuals or organizations, including contact information and preferred communication method(s) that need to be notified in the event of a discharge;</P>
                <P>• Description of the information to provide response personnel with, including specifics about the discharge, including CWA HS name, characteristics, quantity discharged, possible areas and receptors affected, potential transport to nearby waterways, ignition sources and explosion potential, and other information that may be helpful to responders and the public, including updates on the scope and nature of the discharge as available;</P>
                <P>• Description of response personnel duties and capabilities, including training and qualifications;</P>
                <P>• Description of the response equipment, including purpose, location, and information on inspections, testing and drills;</P>
                <P>• Facility evacuation plans, coordinated with community plans as appropriate and considering potential discharge scenarios and resulting interactions with response personnel;</P>
                <P>• Procedures and equipment used to detect discharges, including reliability checks and inspections;</P>
                <P>• Response actions to mitigate or prevent worst case discharges or the substantial threat of such discharges, including immediate detection, response, and monitoring actions;</P>
                <P>• Plans to manage contaminated clean up materials, as appropriate, including recovery, reuse, decontamination, treatment, and disposal;</P>
                <P>• Measures to provide adequate containment and drainage of discharged CWA hazardous substances;</P>
                <P>• Training and exercise procedures; and</P>
                <P>• Self-inspection procedures and records of findings to be retained for five years.</P>
                <HD SOURCE="HD3">Emergency Response Action Plan</HD>
                <P>• Addresses the first two hours of the incident response;</P>
                <P>• Outlines continued operations appropriate for Incident Command;</P>
                <P>
                    • Identifies contact information for the qualified individual having full authority to implement removal actions and as well as contact information for individuals and organizations to be contacted to coordinate the response (
                    <E T="03">e.g.,</E>
                     federal officials, response personnel);
                </P>
                <P>• Includes the facility's response equipment and its location;</P>
                <P>• Includes the facility's response personnel capabilities, including duties and response times and qualifications;</P>
                <P>• Includes a facility diagram, evacuation plans, and measures to secure the source; and</P>
                <P>• Identifies potential pathways to public water systems, public receptors, and fish and wildlife and sensitive environments.</P>
                <HD SOURCE="HD1">IV. Implementation Challenges</HD>
                <P>EPA has identified challenges with implementation of the CWA HS FRP requirements described in the 2024 final rule. The Agency has also received similar feedback concerning implementation challenges from multiple stakeholders, including potentially affected industry sectors. While the key focus of concerns centers around the complex nature of applicability determinations, this section also discusses several plan implementation issues identified. The Agency seeks feedback on approaches and opportunities to address those concerns, clarify requirements, and address burden, while maintaining readiness to protect human health and the environment in case of a CWA HS worst case discharge to navigable waters.</P>
                <HD SOURCE="HD2">A. Applicability Issues</HD>
                <P>
                    Specific to the applicability criteria, EPA recognizes concerns around the 
                    <PRTPAGE P="7419"/>
                    complexity for an owner or operator to determine both if a facility is subject to the requirements and subsequently how to comply. All facilities that have a CWA HS in a quantity that meets or exceeds the on-site threshold quantity and are located within one-half mile of navigable waters or a conveyance to navigable waters are required to submit a “Substantial Harm” determination form to EPA regardless of whether they meet one or more “Substantial Harm” criteria that would ultimately require an FRP submittal. Concerns regarding the potential complexity of the applicability requirements, including the potential multiple calculations for all CWA HS at a facility, make the substantial harm calculations a key concern for rule implementation, particularly for facilities that ultimately may not be required to develop and submit an FRP.
                </P>
                <P>While the Agency had proposed a multiple of 10,000 (10,000x RQs), the 2024 final rule established screening criteria thresholds at a multiple of 1,000 of the RQs (1,000x RQs). This change directly impacted size of the regulated universe. Additionally, the Agency rejected establishing de minimis thresholds to consider for container sizes toward the quantity onsite in the 2024 final rule. The Agency cited factors such as the potential for aggregated smaller quantities that could cause substantial harm in the event of a worst-case discharge, and the chemical property variations of the CWA HS, including toxicity, as rationale against establishing de minimis container sizes for threshold calculations. Nonetheless, for purposes of program implementation, concerns have been raised regarding this approach. Similarly, the requirements do not include de minimis concentrations to consider for purposes of threshold calculations of the quantity onsite. The lack of de minimis concentrations impacts, for example, how threshold quantities are to be determined for CWA HS generated as process byproducts or intermediates.</P>
                <P>Concerns have also been raised regarding proximity to navigable waters determinations. While the Agency has stated in response to comments for the 2024 final rule that facility owners or operators should use the facility boundary or nearest opportunity to discharge into or on the navigable waters or a conveyance to navigable waters, potentially affected stakeholders have requested clarifications. For example, whether distance is measured point-to-point. Or whether proximity determinations are made relative to the facility fence line versus potential release location(s), particularly for facilities that have a large geographic footprint. Concerns additionally have been raised regarding regulatory ambiguity because of a lack of a “conveyance” definition specific to the FRP requirements.</P>
                <P>The Agency seeks feedback on approaches to reconsider that would clarify or amend the requirements in a manner that still targets non-transportation related onshore facilities that could cause substantial harm to the environment through a worst-case discharge to navigable water as required by statute. Specifically, the Agency seeks feedback, including supporting rationale and data, on what streamlined approaches may be appropriate.</P>
                <P>1. What other RQ multipliers should EPA reconsider? Why?</P>
                <P>2. What different approaches, other than an RQ multiplier, should EPA reconsider establishing threshold quantities?</P>
                <P>3. How could EPA simplify the threshold quantity screening criterion? For example, could a single threshold quantity apply for all CWA HS in lieu of a multiple of the RQs? If EPA chooses to establish a single threshold quantity, what rationale will support this approach? What quantity (or quantities) would be appropriate for the list of CWA HS in 40 CFR part 116? What reconsiderations should be given to establishing CWA HS de minimis concentrations, including byproducts and intermediates? Note, the FRP requirements for facilities handling oil have thresholds for total oil storage capacity greater than or equal to 42,000 gallons when transferring oil over water, and a total oil storage capacity greater than or equal to one million gallons otherwise. While the Agency recognizes the variability of the CWA HS, oils are complex mixtures with varied compositions depending on the source of organic matter, the elements from the rock reservoir, and its degradation over time. These differences in composition translate to differences in properties such as volatility, water solubility, toxicity and environmental persistence, all contributing to different fates and effects in the environment. Parallel assumptions could be reconsidered to capture the variations in the listed CWA HS for the purposes of establishing a simpler applicability approach to FRP regulatory threshold quantities.</P>
                <P>4. What factors would support establishing a de minimis container size for purposes of CWA HS facility applicability threshold determinations? What reconsiderations should be given to establishing de minimis container sizes for CWA HS? What are the range of container sizes that may apply for storing CWA HS? What rationale would support selecting a de minimis container size?</P>
                <P>5. What factors would support establishing de minimis concentrations for purposes of facility applicability threshold determinations? What reconsiderations should be given to establishing CWA HS de minimis concentrations? What rationale would support establishing de minimis concentrations?</P>
                <P>6. How can EPA simplify the facility criterion for proximity to navigable waters? For example, is a clarification of how to reconsider “facility boundary” versus “nearest opportunity” necessary? Likewise, is there a need to clarify the term “conveyance” as it applies to CWA HS FRP requirements? What terminology could the Agency reconsider?</P>
                <P>7. What changes to the substantial harm criteria specified under 40 CFR 118.3(c), if any, should EPA reconsider? What are alternative approaches to determine whether a facility's discharge of a CWA HS could reasonably be expected to cause substantial harm?</P>
                <P>8. What quantity, other than an RQ, should EPA reconsider for the five-year reportable discharge substantial harm criterion? Oil FRP requirements establish a threshold for a five-year reportable discharge to navigable waters at greater than or equal to 10,000 gallons. What rationale would support an alternative threshold?</P>
                <P>9. What other potential approaches should EPA reconsider for planning distance determination calculations?</P>
                <P>10. What other potential exemptions from the applicability threshold determination should EPA reconsider? For example, there is an exemption for wastewater treated by Publicly Owned Treatment Works for determining whether the CWA HS maximum quantity onsite meets or exceeds the applicability threshold. What factors would support expanding that exemption to water treatment facilities/wastewater treated by privately-owned treatment works under NPDES permit? What rationales would support establishing other potential exemptions?</P>
                <P>11. How should the new CWA HS FRP requirements account for CWA HS in oils that are already subject to 40 CFR part 112 oil FRP requirements? What factors would support establishing an exemption for CWA HS in oils already subject to oil FRP requirements from threshold quantity calculations?</P>
                <HD SOURCE="HD2">B. Program Implementation Issues</HD>
                <P>
                    In addition to the primary concerns specific to applicability determinations for the CWA HS FRP requirements, 
                    <PRTPAGE P="7420"/>
                    there are broader program implementation issues that have been identified by both the Agency and potentially impacted stakeholders. The Agency recognized in the preamble to the 2024 final rule that, as this is a new and complex program, it would need to not only provide compliance assistance as facilities develop plans for the first time, but also make existing and evolving data sources and tools available as part of ongoing compliance assistance. While providing guidance on the various aspect of the regulation may help alleviate implementation concerns, simplifying requirements to minimize the need for additional compliance assistance tools may also be an alternative.
                </P>
                <P>The Agency seeks feedback on approaches that would clarify or amend the requirements in a manner that still targets substantial harm facilities as required by statute. Specifically, the Agency seeks feedback on whether a more streamlined approach may be appropriate.</P>
                <P>1. What existing tools or alternative approaches would assist a facility in determining planning distances for the existing worst case discharge calculations? For example, should EPA reconsider planning distance approaches like those applied to oil discharges in appendix C under 40 CFR part 112?</P>
                <P>2. How are chemical reaction intermediates and byproducts appropriately reconsidered in making substantial harm determinations? How would they be reconsidered in making worst case discharge calculations? What factors would support their reconsideration in the rule?</P>
                <P>
                    3. What specific overlapping requirements under other relevant EPA regulatory programs should EPA reconsider for purposes of compliance with the CWA HS FRP requirements? Are there specific requirements in other programs that should be highlighted (
                    <E T="03">e.g.,</E>
                     40 CFR part 112—Oil Pollution Prevention Program, 40 CFR part 68—Risk Management Program)?
                </P>
                <P>
                    4. Are there specific external resources that would assist in the facility FRP coordination with potentially affected entities at the federal, state and/or local level (
                    <E T="03">e.g.,</E>
                     public water systems)?
                </P>
                <P>5. Are there other opportunities or ways in which to simplify the CWA HS FRP requirements under 40 CFR part 118 that would maintain readiness to protect human health and the environment in case of a CWA HS worst case discharge to navigable waters, adjoining shorelines, or exclusive economic zone and meet all CWA 311(j)(5) statutory requirements?</P>
                <P>6. What other FRP amendments should the EPA reconsider, that may be more appropriately targeted to address CWA HS worst case discharges to navigable waters or adjoining shorelines?</P>
                <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD>
                <P>
                    Additional information about 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 a significant regulatory action that was submitted to Office of Management and Budget for review. Any changes made in response to OMB recommendations have been documented in the docket for this action. Because this action does not propose or impose any requirements and instead seeks comments and suggestions for the Agency to consider in possibly developing a subsequent proposed rule, the various statutes and Executive Orders that normally apply to rulemaking do not apply in this case. Should EPA subsequently determine to pursue a rulemaking, EPA will address the statues and Executive Orders as applicable to that rulemaking.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 118</HD>
                    <P>Environmental protection, Hazardous substances, Reporting and recordkeeping requirements, Water pollution control.</P>
                </LSTSUB>
                <SIG>
                    <NAME>Lee Zeldin,</NAME>
                    <TITLE>Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03220 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
    </PRORULES>
    <VOL>91</VOL>
    <NO>32</NO>
    <DATE>Wednesday, February 18, 2026</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NOTICES>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7421"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Animal and Plant Health Inspection Service</SUBAGY>
                <DEPDOC>[Docket No. APHIS-2026-0166]</DEPDOC>
                <SUBJECT>Bayer U.S.-Crop Science: Availability of a Petition for a Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for MON 94637 Lepidopteran-Protected Soybean (Glycine Max)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Animal and Plant Health Inspection Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Bayer U.S.-Crop Science seeking a determination of nonregulated status for MON 94637 Lepidopteran-protected Soybean (
                        <E T="03">Glycine max</E>
                        ) which has been developed using genetic engineering to express two insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. We are making the petition and draft plant pest risk assessment available for public review and comment.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We will consider all comments that we receive on or before April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov.</E>
                         Enter APHIS-2026-0166 in the Search field. Select the Documents tab, then select the Comment button in the list of documents.
                    </P>
                    <P>
                        • 
                        <E T="03">Postal Mail/Commercial Delivery:</E>
                         Send your comment to Docket No. APHIS-2026-0166, Regulatory Analysis and Development, PPD, APHIS, 5601 Sunnyside Avenue #AP760, Beltsville, MD 20705.
                    </P>
                    <P>
                        The petition, draft plant pest risk assessment, and any comments we receive on this docket may be viewed at 
                        <E T="03">www.regulations.gov,</E>
                         or in our reading room, which is located in 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. Alan Pearson, Biotechnology Regulatory Services, APHIS, USDA, 5601 Sunnyside Avenue, AP100-3-WS-1151, Beltsville, MD 20705; (301) 851-3944; email: 
                        <E T="03">alan.pearson@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 
                    <E T="03">et seq.</E>
                    ), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such organisms and products are considered “regulated articles.”
                </P>
                <P>Section 340.6(a) of the regulations provides that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition.</P>
                <P>
                    APHIS has received a petition (APHIS Petition Number 25-321-01p) from Bayer U.S.-Crop Science seeking a determination of nonregulated status for MON 94637 Lepidopteran-protected Soybean (
                    <E T="03">Glycine max</E>
                    ), referred to as MON 94637, which has been developed using genetic engineering to express two insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. The petition states that the information provided indicates that MON 94637 is unlikely to pose a plant pest risk and therefore should not be regulated under APHIS' regulations in 7 CFR part 340.
                </P>
                <P>As part of our decision-making process regarding the organism's regulatory status, APHIS prepared a draft plant pest risk assessment (PPRA) to assess the plant pest risk of the organism. APHIS' draft PPRA compared the pest risk posed by MON 94637 with that of the nonmodified variety from which it was derived. The draft PPRA concluded that MON 94637 is unlikely to pose an increased plant pest risk compared to the nonmodified soybean.</P>
                <P>
                    Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the 
                    <E T="04">Federal Register</E>
                     providing 60 days for public comment on petitions for a determination of nonregulated status. In accordance with § 340.6(d), we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition and draft PPRA from interested or affected persons for a period of 60 days from the date of this notice. The petition and draft PPRA are available for public review and comment, and copies are available as indicated under 
                    <E T="02">ADDRESSES</E>
                     and from the individual listed under the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this notice. We are particularly interested in receiving comments regarding biological or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments.
                </P>
                <P>
                    After the comment period closes, APHIS will review and evaluate any information received during the comment period and any other relevant information. Based upon available information, APHIS will respond to the petitioner either approving or denying the petition. APHIS will post its regulatory determination on its website and publish a notice of availability in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>
                    <E T="03">Authority:</E>
                     7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.
                </P>
                <SIG>
                    <DATED>Done in Washington, DC, this 11th day of February 2026.</DATED>
                    <NAME>Kelly Moore,</NAME>
                    <TITLE>Acting Administrator, Animal and Plant Health Inspection Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03154 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7422"/>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Animal and Plant Health Inspection Service</SUBAGY>
                <DEPDOC>[Docket No. APHIS-2025-1034]</DEPDOC>
                <SUBJECT>Pioneer Hi-Bred International, Inc.: Availability of a Petition for a Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for Insect Resistant and Herbicide-Tolerant DAS-01131-3 Maize (Corn)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Animal and Plant Health Inspection Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for DAS-01131-3 maize (corn), which has been developed using genetic engineering to produce the Cry1Da2 protein for protection against certain susceptible lepidopteran pests and the DGT-28 EPSPS protein for tolerance to glyphosate herbicide. We are making the petition and draft plant pest risk assessment available for public review and comment.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We will consider all comments that we receive on or before April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov.</E>
                         Enter APHIS-2025-1034 in the Search field. Select the Documents tab, then select the Comment button in the list of documents.
                    </P>
                    <P>
                        • 
                        <E T="03">Postal Mail/Commercial Delivery:</E>
                         Send your comment to Docket No. APHIS-2025-1034, Regulatory Analysis and Development, PPD, APHIS, 5601 Sunnyside Avenue #AP760, Beltsville, MD 20705.
                    </P>
                    <P>
                        The petition, draft plant pest risk assessment, and any comments we receive on this docket may be viewed at 
                        <E T="03">www.regulations.gov,</E>
                         or in our reading room, which is located in 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. Alan Pearson, Biotechnology Regulatory Services, APHIS, USDA, 5601 Sunnyside Avenue, AP100-3-WS-1151, Beltsville, MD 20705; (301) 851-4061; email: 
                        <E T="03">alan.pearson@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 
                    <E T="03">et seq.</E>
                    ), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such organisms and products are considered “regulated articles.”
                </P>
                <P>Section 340.6(a) of the regulations provides that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition.</P>
                <P>APHIS has received a petition (APHIS Petition Number 25-204-01p) from Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for DAS-01131-3 maize (corn), designated as event DAS1131, which has been developed using genetic engineering to produce the Cry1Da2 protein for protection against certain susceptible lepidopteran pests and the DGT-28 EPSPS protein for tolerance to glyphosate herbicide. The petition states that the information provided indicates that DAS1131 is unlikely to pose a plant pest risk and therefore should not be regulated under APHIS' regulations in 7 CFR part 340.</P>
                <P>As part of our decision-making process regarding the organism's regulatory status, APHIS prepared a draft plant pest risk assessment (PPRA) to assess the plant pest risk of the organism. APHIS' draft PPRA compared the pest risk posed by DAS1131 with that of the nonmodified variety from which it was derived. The draft PPRA concluded that DAS1131 is unlikely to pose an increased plant pest risk compared to the nonmodified corn.</P>
                <P>
                    Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the 
                    <E T="04">Federal Register</E>
                     providing 60 days for public comment on petitions for a determination of nonregulated status. In accordance with § 340.6(d), we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition and draft PPRA from interested or affected persons for a period of 60 days from the date of this notice. The petition and draft PPRA are available for public review and comment, and copies are available as indicated under 
                    <E T="02">ADDRESSES</E>
                     and from the individual listed under the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this notice. We are particularly interested in receiving comments regarding biological or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments.
                </P>
                <P>
                    After the comment period closes, APHIS will review and evaluate any information received during the comment period and any other relevant information. Based upon available information, APHIS will respond to the petitioner either approving or denying the petition. APHIS will post its regulatory determination on its website and publish a notice of availability in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>
                    <E T="03">Authority:</E>
                     7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.
                </P>
                <SIG>
                    <DATED>Done in Washington, DC, this 11th day of February 2026.</DATED>
                    <NAME>Kelly Moore,</NAME>
                    <TITLE>Acting Administrator, Animal and Plant Health Inspection Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03152 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Animal and Plant Health Inspection Service</SUBAGY>
                <DEPDOC>[Docket No. APHIS-2025-1033]</DEPDOC>
                <SUBJECT>Pioneer Hi-Bred International, Inc.: Availability of a Petition for a Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for Insect Resistant and Herbicide-Tolerant DP-910521-2 Maize (Corn)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Animal and Plant Health Inspection Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for DP-910521-2 maize (corn) which has been developed using genetic engineering to express the Cry1B.34 protein for control of certain susceptible lepidopteran pests, the phosphinothricin acetyltransferase protein for tolerance to glufosinate-ammonium herbicides, and the phosphomannose isomerase protein used as a selectable marker. We are making the petition and draft plant pest 
                        <PRTPAGE P="7423"/>
                        risk assessment available for public review and comment.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We will consider all comments that we receive on or before April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov.</E>
                         Enter APHIS-2025-1033 in the Search field. Select the Documents tab, then select the Comment button in the list of documents.
                    </P>
                    <P>
                        • 
                        <E T="03">Postal Mail/Commercial Delivery:</E>
                         Send your comment to Docket No. APHIS-2025-1033, Regulatory Analysis and Development, PPD, APHIS, 5601 Sunnyside Avenue #AP760, Beltsville, MD 20705.
                    </P>
                    <P>
                        The petition, draft plant pest risk assessment, and any comments we receive on this docket may be viewed at 
                        <E T="03">www.regulations.gov,</E>
                         or in our reading room, which is located in 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. Alan Pearson, Biotechnology Regulatory Services, APHIS, USDA, 5601 Sunnyside Avenue, AP100-3-WS-1151, Beltsville, MD 20705; (301) 851-4061; email: 
                        <E T="03">alan.pearson@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 
                    <E T="03">et seq.</E>
                    ), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such organisms and products are considered “regulated articles.”
                </P>
                <P>Section 340.6(a) of the regulations provides that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition.</P>
                <P>APHIS has received a petition (APHIS Petition Number 25-197-01p) from Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for DP-910521-2 maize (corn), designated as event DP910521, which has been developed using genetic engineering to express the Cry1B.34 protein for control of certain susceptible lepidopteran pests, the phosphinothricin acetyltransferase (PAT) protein for tolerance to glufosinate-ammonium herbicides, and the phosphomannose isomerase (PMI) protein used as a selectable marker. The petition states that the information provided indicates that DP910521 is unlikely to pose a plant pest risk and therefore should not be regulated under APHIS' regulations in 7 CFR part 340.</P>
                <P>As part of our decision-making process regarding the organism's regulatory status, APHIS prepared a draft plant pest risk assessment (PPRA) to assess the plant pest risk of the organism. APHIS' draft PPRA compared the pest risk posed by DP910521 with that of the nonmodified variety from which it was derived. The draft PPRA concluded that DP910521 is unlikely to pose an increased plant pest risk compared to the nonmodified corn.</P>
                <P>
                    Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the 
                    <E T="04">Federal Register</E>
                     providing 60 days for public comment on petitions for a determination of nonregulated status. In accordance with § 340.6(d), we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition and draft PPRA from interested or affected persons for a period of 60 days from the date of this notice. The petition and draft PPRA are available for public review and comment, and copies are available as indicated under 
                    <E T="02">ADDRESSES</E>
                     and from the individual listed under the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this notice. We are particularly interested in receiving comments regarding biological or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments.
                </P>
                <P>
                    After the comment period closes, APHIS will review and evaluate any information received during the comment period and any other relevant information. Based upon available information, APHIS will respond to the petitioner either approving or denying the petition. APHIS will post its regulatory determination on its website and publish a notice of availability in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>
                    <E T="03">Authority:</E>
                     7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.
                </P>
                <SIG>
                    <DATED>Done in Washington, DC, this 11th day of February 2026.</DATED>
                    <NAME>Kelly Moore,</NAME>
                    <TITLE>Acting Administrator, Animal and Plant Health Inspection Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03151 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Animal and Plant Health Inspection Service</SUBAGY>
                <DEPDOC>[Docket No. APHIS-2025-1035]</DEPDOC>
                <SUBJECT>Syngenta Seeds, LLC.: Availability of a Petition for a Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for Insect Resistant MZIR260 Maize (Zea Mays L.)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Animal and Plant Health Inspection Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Syngenta Seeds, LLC. seeking a determination of nonregulated status for MZIR260 maize (
                        <E T="03">Zea mays</E>
                         L.), which has been developed using genetic engineering to provide control of fall armyworm (
                        <E T="03">Spodoptera frugiperda</E>
                        ) and express the phosphomannose isomerase protein used as a selectable marker. We are making the petition and draft plant pest risk assessment available for public review and comment.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We will consider all comments that we receive on or before April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov.</E>
                         Enter APHIS-2025-1035 in the Search field. Select the Documents tab, then select the Comment button in the list of documents.
                    </P>
                    <P>
                        • 
                        <E T="03">Postal Mail/Commercial Delivery:</E>
                         Send your comment to Docket No. APHIS-2025-1035, Regulatory Analysis and Development, PPD, APHIS, 5601 Sunnyside Avenue #AP760, Beltsville, MD 20705.
                    </P>
                    <P>
                        The petition, draft plant pest risk assessment, and any comments we receive on this docket may be viewed at 
                        <E T="03">www.regulations.gov,</E>
                         or in our reading room, which is located in 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.
                    </P>
                </ADD>
                <FURINF>
                    <PRTPAGE P="7424"/>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. Alan Pearson, Biotechnology Regulatory Services, APHIS, USDA, 5601 Sunnyside Avenue, AP100-3-WS-1151, Beltsville, MD 20705; (301) 851-4061; email: 
                        <E T="03">alan.pearson@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 
                    <E T="03">et seq.</E>
                    ), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such organisms and products are considered “regulated articles.”
                </P>
                <P>Section 340.6(a) of the regulations provides that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition.</P>
                <P>
                    APHIS has received a petition (APHIS Petition Number 25-209-01p) from Syngenta Seeds, LLC. seeking a determination of nonregulated status for MZIR260 maize (
                    <E T="03">Zea mays</E>
                     L.), which has been developed using genetic engineering to provide control of fall armyworm (
                    <E T="03">Spodoptera frugiperda</E>
                    ) and express the phosphomannose isomerase protein used as a selectable marker. The petition states that the information provided indicates that MZIR260 is unlikely to pose a plant pest risk and therefore should not be regulated under APHIS' regulations in 7 CFR part 340.
                </P>
                <P>As part of our decision-making process regarding the organism's regulatory status, APHIS prepared a draft plant pest risk assessment (PPRA) to assess the plant pest risk of the organism. APHIS' draft PPRA compared the pest risk posed by MZIR260 with that of the nonmodified variety from which it was derived. The draft PPRA concluded that MZIR260 is unlikely to pose an increased plant pest risk compared to the nonmodified corn.</P>
                <P>
                    Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the 
                    <E T="04">Federal Register</E>
                     providing 60 days for public comment on petitions for a determination of nonregulated status. In accordance with § 340.6(d), we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition and draft PPRA from interested or affected persons for a period of 60 days from the date of this notice. The petition and draft PPRA are available for public review and comment, and copies are available as indicated under 
                    <E T="02">ADDRESSES</E>
                     and from the individual listed under the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this notice. We are particularly interested in receiving comments regarding biological or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments.
                </P>
                <P>
                    After the comment period closes, APHIS will review and evaluate any information received during the comment period and any other relevant information. Based upon available information, APHIS will respond to the petitioner either approving or denying the petition. APHIS will post its regulatory determination on its website and publish a notice of availability in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <EXTRACT>
                    <FP>(Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Done in Washington, DC, this 11th day of February 2026.</DATED>
                    <NAME>Kelly Moore,</NAME>
                    <TITLE>Acting Administrator, Animal and Plant Health Inspection Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03153 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Forest Service</SUBAGY>
                <SUBJECT>Tongass National Forest; Alaska; Land Management Plan Revision</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Forest Service, Agriculture (USDA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of initiation of the development of a proposed plan revision and notice of intent to prepare an environmental impact statement.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Agriculture, Forest Service is revising the land management plan for the Tongass National Forest. This notice announces the Forest Service's initiation of the development of a revised land management plan (revised plan) and intent to prepare an environmental impact statement (EIS) to evaluate the effects of revising the current plan. This notice initiates the scoping period on the development of the proposed action and EIS. This notice also describes the documents and background resources available for review and how to obtain them; includes a description of the preliminary need to change the current land management plan; includes options for meeting the needs for change; includes a preliminary list of substantive issues to be analyzed in detail; provides information on public participation, including the process for submitting comments; provides an estimated schedule for the planning process; and describes how to obtain additional information. The Planning, Administrative Reviews, and Litigation System identification number for the project is 64039.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received by March 20, 2026. Scoping for this revised plan will occur between now and release of the draft revised plan and draft EIS, through iterative public engagement opportunities, using a variety of methods.</P>
                    <P>Continued coordination with cooperating agencies and consultation with Tribes and Alaska Native Corporations are also planned during this timeframe as part of scoping efforts. The draft revised plan and draft EIS are expected to be published during fall 2026 with a 90-day comment period. Those comments will be used to update the final revised plan and EIS, which are expected to be available during May 2027. These dates are subject to changes in the project schedule.</P>
                    <P>
                        The dates and times of any public meeting or webinar to share more information on the plan revision will be posted at 
                        <E T="03">https://www.fs.usda.gov/r10/tongass/planning/forest-plan/plan-revision-public-engagements.</E>
                         Information will also be shared through electronic mailing lists, social media, and local media outlets.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Written comments received in response to this notice will inform the Forest Service's identification of the need to change the current land management plan, will support development of the proposed action (draft revised plan), and will help the agency further develop and refine potential substantive issues which will inform development of alternatives to the proposed action.</P>
                </ADD>
                <HD SOURCE="HD1">Written Comments</HD>
                <P>
                    Individuals and entities are encouraged to submit comments via webform at 
                    <E T="03">https://cara.fs2c.usda.gov/Public/CommentInput?Project=64039.</E>
                     Hardcopy letters must be submitted to the following address: Tongass National Forest, USDA Forest Service, 648 Mission Street, Suite 110, Federal Building, Ketchikan, AK 99901. For those submitting hand-delivered 
                    <PRTPAGE P="7425"/>
                    comments, please call 907-519-8035 to make arrangements.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Erin Mathews, Environmental Coordinator, via email at 
                        <E T="03">erin.mathews@usda.gov</E>
                         or at 907-419-8347.
                    </P>
                    <P>
                        Individuals who use telecommunication devices for the hearing-impaired may call 711 to reach the Telecommunications Relay Service, 24 hours a day, every day of the year, including holidays. For further information about the plan revision process and to view associated documents, go to the Tongass Plan Revision website at: 
                        <E T="03">https://www.fs.usda.gov/r10/tongass/planning/forest-plan/tongass-national-forest-plan-revision.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Purpose and Need for Action</HD>
                <P>
                    The National Forest Management Act of 1976 (16 U.S.C. 1604) and 2012 Planning Rule (36 CFR 219) require that the Forest Service develop a land management plan, often called a forest plan, for every national forest. Land management plans provide strategic direction for management of forest resources and are to be revised every 15 years thereafter to ensure plans remain current (36 CFR 219.7(a)). The Tongass Land and Resource Management Plan was adopted in 1979, revised in 1997, and amended in 2008 and 2016. The purpose and need for revising the current land management plan are: (1) update the land management plan that was last revised nearly 30 years ago; (2) provide strategic direction that reflects changes in economic, social, and ecological conditions, new agency policies and priorities, and new information based on monitoring and scientific research; and (3) to address the preliminary identified need to change to the current land management plan. The Notice of Intent to Prepare an Assessment, pursuant to the 2012 Planning Rule, was published in the 
                    <E T="04">Federal Register</E>
                     on April 26, 2024 (89 FR 32393). A draft assessment was posted for comment on January 10, 2025, and based on public comments received, the assessment was revised and posted on October 16, 2025: 
                    <E T="03">https://www.fs.usda.gov/r10/tongass/planning/tongass-national-forest-plan-revision-assessment.</E>
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>The Tongass National Forest is the largest national forest in the country at 16.7 million acres and includes approximately 80% of the Southeast Alaska panhandle. Southeast Alaska is a remote archipelago with approximately 32 rural, semi-rural, and urban communities ranging in population from 18 to 31,000 residents. Nineteen federally recognized tribal governments are located within and utilize lands and waters of the Tongass as their traditional homelands. The landscape is complex, dominated by a largely intact temperate rainforest, encompassing waterways and over 1,000 islands, with most communities surrounded by the Tongass National Forest. Boat and air travel is key to transportation and economic prosperity. Cruise ships are the primary method of travel for the majority of the millions of tourists who visit the region annually.</P>
                <P>The Forest Service's management of the Tongass National Forest strongly influences the rural economy, and culture of Southeast Alaska. Recreation, tourism, fisheries, and timber harvest are local and regional economic sectors that are heavily influenced by Tongass National Forest management. These commercial activities, combined with subsistence resources, are the core of Southeast Alaska's local and regional economy and depend on the high productivity and careful stewardship of Tongass National Forest ecosystems. Tourism and recreation depend heavily on scenic value and healthy fish and wildlife populations. The Tongass National Forest also contains large old growth trees, which are highly valued for specialty wood products, and younger timber stands that together can support a sustainable timber sector that contributes to rural economies and culture. The high productivity of forest ecosystems also supports rural and indigenous communities with an abundance of natural resources.</P>
                <P>In working toward a revised forest plan for the Tongass National Forest, the revision team will ensure consistency with applicable laws, regulations, and executive orders. Unique to the Tongass is the 1990 Tongass Timber Reform Act (TTRA), which set requirements for riparian buffers from timber harvest, amended the Alaska National Interest Lands Conservation Act (ANILCA) to protect certain lands in the Tongass National Forest in perpetuity, and established a need to understand the demand for Tongass National Forest timber. Provisions of the TTRA and ANILCA will be addressed during the revision process. For example, a new long-term timber demand analysis is underway at the USDA Forest Service Pacific Northwest Research Station to inform the revised plan. The revision team will ensure consistency with executive orders including the 2025 Executive Order (E.O.) 14153, “Unleashing Alaska's Extraordinary Resource Potential,” and E.O. 14225, “Immediate Expansion of American Timber Production,” while considering resource potential and opportunities for rural economic development. E.O.s state the policy of the United States to maximize the development and production of natural resources in Alaska and to increase timber production to protect national and economic security.</P>
                <HD SOURCE="HD1">Proposed Action</HD>
                <P>The proposed action is to revise the Tongass National Forest Land and Resource Management Plan to address the identified need to change. Public comment is requested on the preliminary need to change as described below. A revised plan will be developed, consistent with the 2012 Planning Rule, that includes desired conditions, goals, objectives, standards, guidelines, suitability of lands for specific multiple uses, lands that could be recommended to Congress for inclusion into the National Wilderness Preservation System, and the identification of rivers eligible for inclusion into the National Wild and Scenic Rivers system.</P>
                <P>The revised plan will not authorize any projects or actions but will guide future decision-making on the Tongass National Forest. It will inform the purpose and need for future actions, guide the design of projects, and include a plan monitoring program to guide the development of biennial land management plan monitoring reports.</P>
                <HD SOURCE="HD1">Alternatives</HD>
                <P>The Forest Service will analyze a reasonable range of alternatives to the proposed action. A “no action” alternative that considers retention of the current land management plan will be analyzed along with alternatives that are expected to vary in how management emphasizes access and availability of resources for different uses. Alternatives to the proposed action will represent different approaches to addressing the substantive issues raised during opportunities to comment.</P>
                <HD SOURCE="HD1">Preliminary Need To Change</HD>
                <P>
                    The 2012 Planning Rule requires that revision of land management plans be informed by an identified need to change that reflects feedback from the public, Tribes and Alaska Native Corporations, and other governmental agencies. The agency seeks feedback on the following preliminary need to change. The need to change will continue to be refined and updated in 
                    <PRTPAGE P="7426"/>
                    the draft and final revised plans, through feedback and new information.
                </P>
                <P>The preliminary need to change focuses on the following six interrelated goals:</P>
                <P>(1) Update and modernize the plan, consistent with the 2012 Planning Rule, by simplifying, clarifying, reorganizing, and reducing the number of management areas for concise, easy to follow direction.</P>
                <P>(2) Prioritize local and regional prosperity of Southeast Alaska by contributing to timber, minerals, tourism, recreation, and other important economic drivers.</P>
                <P>(3) Incorporate strategies to address significant changes in recreation and tourism, including the increase in cruise ship visitation.</P>
                <P>(4) Include plan content that encourages collaboration and shared stewardship with a variety of partners in pursuit of common objectives. These partners can include: local, state, and tribal governments; Alaska Native Corporations; industry stakeholders; and other non-governmental organizations.</P>
                <P>(5) Consider needs for subsistence uses such as hunting, fishing, and gathering when developing the revised plan.</P>
                <P>(6) Consider indigenous knowledge related to land stewardship, cultural issues, and culturally-significant sites.</P>
                <P>Additional details are provided below for each of these goals.</P>
                <P>
                    <E T="03">Update and modernize the plan:</E>
                     The current Tongass Land and Resource Management Plan is constructed around 18 land use designations (LUDs), which were added at different times to achieve a variety of goals. Chapter 5 was added during 2016, through a forest plan amendment, to update direction on young-growth timber harvest, renewable energy, and transportation system corridors. As a result of numerous amendments, the current forest plan has overlapping and sometimes confusing or conflicting direction.
                </P>
                <P>Simplification of the forest plan content and format, reducing overlapping direction, and improving clarity is needed to ensure that the plan is focused on integrated resource management within the fiscal capability of the unit (36 CFR 219.1(g), 219.10(a)), and to ensure that they are written clearly and without ambiguity so that a project's consistency with applicable plan components can be easily determined (36 CFR 219.15(d)).</P>
                <P>
                    <E T="03">Prioritize local and regional prosperity:</E>
                     There is a need to better integrate plan content with a focus on community prosperity that can be supported by Tongass National Forest management decisions. This could include updates to timber, tourism and recreation, and minerals, and other commercial uses to reflect current regional economic drivers. When considering local and regional prosperity, there is a need to consider current and possible future economic drivers to ensure that the Tongass National Forest will provide adequate access to resources for development and that plan components promote expeditious permitting for energy and natural resource developments, consistent with E.O.s 14153 and 14225.
                </P>
                <P>
                    <E T="03">Address changes to recreation and tourism:</E>
                     The current Tongass Land and Resource Management Plan contain direction for recreation and tourism, but does not reflect recent growth and projected changes, particularly the increase in cruise ship tourism. Outdoor recreation and tourism are the biggest private-sector economic drivers in the region. The revised plan needs to consider how to balance recreation and tourism with other uses, ensuring sustainability of the natural environment and protecting the character of the Tongass.
                </P>
                <P>
                    <E T="03">Foster shared stewardship in pursuit of common objectives:</E>
                     There are collaborative opportunities to meet joint management objectives across the landscape. Integration of these opportunities to work cooperatively with partners will create a land management plan with improved responsiveness to local and regional needs. There is a need to incorporate opportunities for shared stewardship, partnerships, and coordination of planning with other public planning efforts into the revised plan in order to support ecological, economic, and social sustainability.
                </P>
                <P>
                    <E T="03">Consider needs for subsistence uses such as hunting, fishing, and gathering:</E>
                     As Congress found in the Alaska National Interest Lands Conservation Act, “the continuation of the opportunity for subsistence uses by rural residents of Alaska, including both Natives and non-Natives, on the public lands and by Alaska Natives on Native lands is essential to Native physical, economic, traditional, and cultural existence and to non-Native physical, economic, traditional, and social existence.” In addition, rural communities of Southeast Alaska obtain a far higher proportion of their nutrition from wild sources than the national average. All types of non-commercial harvest of fish, wildlife, and plants are identified by Tribes, communities, agencies and individuals as a key ecosystem service on the Tongass National Forest that should be prioritized in the revised plan. While the current plan includes direction on subsistence uses, it does not provide direction specific to the individual communities and their activities within the Tongass National Forest.
                </P>
                <P>
                    <E T="03">Consider indigenous knowledge related to land stewardship, cultural issues, and culturally significant sites:</E>
                     Indigenous knowledge will be considered as a form of best available scientific information that will contribute to ecologically, socially, and culturally informed management practices, which is a requirement of all land management plans (36 CFR 219.4(a)(3)). There is a need to seek and integrate information on traditional uses and management of natural resources, including topics such as management and use of cultural wood, fisheries and wildlife habitat, and land and water access to locations of cultural importance. This information will be gathered through tribal government consultation, Alaska Native Corporation consultation, and other engagement with Alaska Natives. The revised plan can incorporate indigenous knowledge into plan components as well as highlight opportunities to address impacts identified by, and contribute to objectives of, federally recognized tribal governments, Alaska Native Corporations, and Alaska Native communities.
                </P>
                <HD SOURCE="HD1">Resources With No Identified Preliminary Need for Substantive Change</HD>
                <P>Some management direction in the current forest plan will not be changed. This is the case for actions not subject to the discretion of the Tongass National Forest Supervisor. Those include boundaries of Congressionally-designated wilderness areas and Land Use Designation II (LUD II, established by statute in 1990 and 2014 to be managed in a roadless state to maintain their wildland character), as well as Research Natural Areas and Experimental Forests. No decisions will be made regarding the management of individual roads or trails such as those that might be associated with a Travel Management plan under 36 CFR part 212. No decision regarding the availability of oil and gas leases will be made.</P>
                <P>
                    There are many resources for which the relevant assessment information and monitoring suggests that there may be no need for substantive change, but for which direction would be reworded and reorganized. Such change is not substantive and will not require detailed analysis. Much of the current direction meets the intent of the 2012 Planning 
                    <PRTPAGE P="7427"/>
                    Rule, in that it provides for sustainability, ecological integrity, diversity of plant and animal communities, ecosystem services, and multiple use, and contributes to social and economic sustainability. While the entire plan needs general updates and reorganization as described above, much existing direction needs only non-substantive updates.
                </P>
                <P>The topics for which relevant information from the assessment, monitoring, and input from the public, Tribes and other agencies suggest may not need substantive change, include the following:</P>
                <P>• Fish and wildlife direction, and species-related plan direction. While species of conservation concern will be addressed in the plan, and there may be changes to organization, many existing protective measures are expected to be retained.</P>
                <P>• The old-growth habitat conservation strategy. While plan components may be edited and LUDs will be revised, the intent of maintaining and improving old growth habitat reserves and corridors for species that depend upon them may not need to change.</P>
                <P>• Special uses, transportation, infrastructure, energy and minerals direction. These topics are guided by other law, regulation, or policy.</P>
                <P>• Direction regarding specific natural resources, including air quality, soils, geology and geologic hazards, watershed and riparian management areas, and karst management. Although most protective measures have been shown to be successful, revised direction will address current conditions and the best available science and will likely result in only minor management changes.</P>
                <HD SOURCE="HD1">Options for Plan Content To Address the Preliminary Need To Change</HD>
                <P>The agency is sharing the following potential options for revised plan content to address, in part, the interrelated concerns identified in the preliminary need to change. The agency will continue to develop the revised plan and alternatives considering comments received from the public, cooperating agencies, Tribes and Alaska Native Corporations, and other governmental organizations on both the preliminary need to change and options for plan content.</P>
                <P>• Update suitability of lands for timber production as required in a plan revision (36 CFR 219.11). Updates to suitability will include factors such as changes in land ownership due to exchanges and transfers, updated vegetation mapping, and changes from the current LUDs to new management areas. Timber production estimates and assumptions will be reviewed, and timber-related metrics such as the sustained yield limit and projected timber sale quantity will be updated accordingly and informed by a new long-term timber demand analysis underway at the Pacific Northwest Research Station, as described above and in accordance with TTRA requirements.</P>
                <P>• Moving from the current LUD-based system to a new management area system. This would reduce the number of management areas (LUDs), while retaining most of the existing forest-wide direction for natural resource and ecosystem services management. Consideration is being given to replacing the current LUD system with a combination of forest-wide direction along with a reduced number of management areas as detailed below. Potential management areas being considered and on which we are soliciting feedback are:</P>
                <P>
                    <E T="03">General Forest</E>
                    —areas for which timber harvest is allowed, and where multiple uses and natural resource development could occur. These areas would be expected to include roaded areas that would be maintained and provide access for many uses and unroaded areas with development potential. These areas are not set aside for conservation purposes and would enable industry access and local access to resources. The majority of the forest's suitable timber base that contributes to the projected timber sale quantity could be located in this general forest area, guided by forest-wide direction without additional management area direction.
                </P>
                <P>
                    <E T="03">High Use Recreation Areas</E>
                    —areas for which the plan would guide recreation infrastructure development and recreation and other special use permit activities. These areas would have a desired condition of accommodating many types of recreation and tourism activities.
                </P>
                <P>
                    <E T="03">Low Use Recreation Areas</E>
                    —areas for which the plan would have limited infrastructure development, and the intent would be to provide areas without high levels of outfitter/guide or other recreation-related special use permits.
                </P>
                <P>
                    <E T="03">Community Use Priority Areas</E>
                    —areas with increased shared stewardship and prioritization of local uses, developed in conjunction with communities.
                </P>
                <P>
                    <E T="03">Old Growth Habitat Areas</E>
                    —areas that include old growth reserves and potentially other ecologically important characteristics. Within these areas, old growth timber harvest would be restricted, and other timber removal could occur for ecological or cultural benefit. Within these areas, maintenance and restoration of old growth forest structure, composition and function would be the priority.
                </P>
                <P>
                    <E T="03">Conservation Watersheds</E>
                    —areas where the focus would be on watersheds and fisheries protection. They would incorporate watersheds of conservation importance for salmon and subsistence use of salmon.
                </P>
                <P>• Develop a framework that reflects changes to shifting recreation values, use patterns and technology, addresses winter recreation use and updates recreation and outfitter/guide capacity direction. This may include considering emerging uses and technologies, such as e-bikes, drones, geocaching, heliskiing, and others. It may also include a framework that is more responsive to changes in the tourism industry. For example, high and low use management areas could guide recreation infrastructure and outfitter/guide permitting.</P>
                <P>• Integrate direction found in Chapter 5 of the current plan (2016 amendment) throughout the revised plan, rather than retain as a standalone section, improving consistency throughout the plan for management of all resources.</P>
                <P>• Fully integrate concepts of local economic and social sustainability into management direction including integrating habitat improvement for subsistence resources and long-term management of cultural use wood into timber management.</P>
                <P>• As required in the 2012 Planning Rule, species of conservation concern will be identified, and plan components developed to maintain or restore ecological conditions that contribute to maintaining a viable population of each of these species (36 CFR 219.9(c)).</P>
                <P>• Develop management approaches to support the working relationships, partnerships, tribal authorities, and communities and identify other opportunities to develop and meet joint management goals. For example, management approaches or frameworks for collaborative stewardship of natural resources on the Tongass National Forest could be described.</P>
                <P>• Management area direction should consider opportunities for shared stewardship. For example, goals for community priority management areas could be created as areas with increased shared stewardship and prioritization of local uses.</P>
                <P>• Integrate subsistence uses throughout the plan to ensure that access to these uses is maintained or restored.</P>
                <P>
                    • Include consideration of indigenous perspectives of biological and cultural 
                    <PRTPAGE P="7428"/>
                    health and land and resource stewardship.
                </P>
                <P>• Enhance flexibility to address hazardous conditions, including conditions in dynamic or sensitive ecosystems affected by increasing temperatures and changing precipitation patterns.</P>
                <P>• Reduce duplication with other law, regulation and policy but provide citations, where necessary (as described at 36 CFR 219.2(b)(2)).</P>
                <P>• Improve clarity of plan direction and reduce ambiguity so that project consistency with applicable plan direction can be more easily determined.</P>
                <P>• Remove or revise current direction requiring specific analyses, types of modeling, or inventory, which may be outdated, overly complex or unclear.</P>
                <P>• Improve clarity of plan direction on scenic integrity objectives, including updated maps and associated plan content.</P>
                <P>We are seeking public feedback on these potential options, and welcome any proposed actions or strategies provided by the local, state, and tribal governments, Alaska Native Corporations, communities, or non-governmental organizations.</P>
                <HD SOURCE="HD1">Preliminary Substantive Issues</HD>
                <P>A Notice of Intent must include a preliminary list of substantive issues to be analyzed in detail, with a summary of expected impacts for each issue. The preliminary substantive issues described here are based on current information and public input. The Forest Service requests additional public input to help refine this list. The preliminary substantive issues that the Forest Service expects to analyze in detail are as follows:</P>
                <P>
                    • 
                    <E T="03">Economic sustainability</E>
                    —Reflecting the health of ecosystem services and industries that rely on the productivity of the Tongass National Forest, variations between the alternatives may support different economic drivers to varying degrees and different methods for contributing to economic and social sustainability, which is a requirement of all land management plans (36 CFR 219.1(c)).
                </P>
                <P>
                    • 
                    <E T="03">Timber availability</E>
                    —Varying management areas, levels of watershed protection, areas suitable for timber production, and other plan content in the proposed action and alternatives may provide variable access to old growth versus young growth timber and a varied projected timber sale quantity.
                </P>
                <P>
                    • 
                    <E T="03">Ecological sustainability</E>
                    —The proposed action and alternatives may provide different methods for maintenance of ecological sustainability, which is a requirement of all land management plans (36 CFR 219.1(c)). These methods may have different impacts to resource use and availability, risk of natural hazards such as flooding and landslides, and climate resilience. Analysis will provide the decision maker with information to determine alternative selection.
                </P>
                <P>
                    • 
                    <E T="03">Fisheries—including aquatic habitat and watershed conditions</E>
                    —Management areas and plan content in the proposed action and alternatives may have varying emphasis on protection of streams, riparian areas, and watersheds to promote healthy fisheries and access to fishery resources, including salmon.
                </P>
                <P>
                    • 
                    <E T="03">Access to subsistence resources used for hunting, fishing and gathering</E>
                    —The proposed action and alternatives may provide different methods for protection of access to subsistence resources and for balancing conflicting uses. While the revised plan will not include restrictions or allowances for subsistence uses, it can include direction for other uses with potential effects to access to subsistence sites, or direction for hunting and fishing outfitter/guides.
                </P>
                <P>
                    • 
                    <E T="03">Effects to recreation and tourism opportunities</E>
                    —Variations between the proposed action and alternatives may guide different levels and types of recreation and tourism and may lead to opportunities or restrictions varying by management area. Considerations will include the need to balance ecological, social, and economic sustainability of different types of recreation and tourism.
                </P>
                <P>
                    • 
                    <E T="03">Designated area extent</E>
                    —Alternatives may vary based on the acreage of designated areas, and the plan components associated with those areas. For example, recommended wilderness areas or special interest areas may vary by alternative.
                </P>
                <P>
                    <E T="03">Expected Impacts:</E>
                     The revised plan is expected to maintain or improve ecological, economic, social, and cultural sustainability.
                </P>
                <HD SOURCE="HD1">Scoping Comments and the Objection Process</HD>
                <P>This notice of intent initiates the scoping process, specifically a 30-day feedback period, which will, in conjunction with public engagement opportunities described in “Dates” above, guide the development of the draft plan and EIS. The scoping process is conducted in accordance with the USDA NEPA regulations (7 CFR 1b.7(c)).</P>
                <P>In this feedback period, in addition to comments on the preliminary need to change and options for plan content, the Forest Service is requesting input to support development of potential alternatives and evaluation of impacts, and identification of any relevant information, studies, or analyses concerning impacts that may affect the quality of the environment.</P>
                <P>It is important that reviewers provide comments at such times and in such a manner that they are useful to the Forest Service's preparation of the preliminary draft revised plan and EIS. Therefore, comments should be provided prior to the close of the comment period and should clearly articulate the reviewer's concerns and contentions. Comments received in response to this solicitation, including names and addresses of those who comment, will be part of the public record for this proposed action. The scoping and comment periods are established in a manner as not to preclude meeting the statutory deadline for completing an EIS.</P>
                <P>The decision to approve a revised plan for the Tongass National Forest will be subject to the objection process identified in 36 CFR part 219 Subpart B (219.50 to 219.62). According to 36 CFR 219.53(a), those who may file an objection are individuals and entities who have submitted substantive formal comments related to land management plan revision during the opportunities provided for public comment, including this 30-day feedback period. The burden is on the objector to demonstrate compliance with requirements for objections (36 CFR 219.53). Comments submitted anonymously will be accepted and considered; however, they do not establish eligibility to file an objection.</P>
                <HD SOURCE="HD1">Related Regulatory Actions</HD>
                <P>
                    The Forest Service released a notice of intent on August 29, 2025, to prepare an environmental impact statement for proposed rulemaking to rescind the 2001 Roadless Area Conservation Rule (2001 Roadless Rule) (
                    <E T="03">https://www.federalregister.gov/documents/2025/08/29/2025-16581/special-areas-roadless-area-conservation-national-forest-system-lands</E>
                    ). The proposed rulemaking would remove prohibitions on road construction, road reconstruction, and timber harvesting within inventoried roadless areas (IRAs), including 9.3 million acres of land currently identified as IRAs in the Tongass National Forest. In addition, E.O. 14153, “Unleashing Alaska's Extraordinary Resource Potential,” directs the Secretary to reinstate the 2020 Alaska Roadless Rule, which exempted the Tongass from the 2001 Roadless Rule (until it was later rescinded). The proposed nation-wide 
                    <PRTPAGE P="7429"/>
                    recission of the 2001 Roadless Rule would have the same result as reinstating the 2020 Alaska Roadless Rule for the Tongass National Forest and meet the intent of the E.O.
                </P>
                <P>The EIS for the revised plan will analyze one or more alternatives that do not include IRA designations so final decision on the revised plan can align with the outcome of the rulemaking process.</P>
                <HD SOURCE="HD1">Cooperating and Participating Agencies</HD>
                <P>
                    The Forest Service is the lead agency for this proposed action. Cooperating agencies include the State of Alaska, City and Borough of Wrangell, City of Ketchikan, and the Environmental Protection Agency. Other governmental agencies, including tribal governments, may request to participate as a cooperating agency by contacting Marion Glaser at 
                    <E T="03">marion.glaser@usda.gov</E>
                     or 907-519-8035.
                </P>
                <HD SOURCE="HD1">Responsible Official</HD>
                <P>The Responsible Official is Monique Nelson, Forest Supervisor, Tongass National Forest Supervisor's Office, 648 Mission St., Ste. 110, Ketchikan, AK 99901, 907-225-3101.</P>
                <HD SOURCE="HD1">Nature of Decision To Be Made</HD>
                <P>The Tongass National Forest is revising its land management plan and preparing an EIS to evaluate the effects of the revision. The EIS is meant to inform the forest supervisor's decision regarding which alternative best maintains and restores National Forest System terrestrial and aquatic resources while providing ecosystem services and multiple uses, as required by the National Forest Management Act and the Multiple Use Sustained Yield Act. The revised plan will describe the strategic intent of managing the forest for the next 10 to 15 years and will address the identified need to change to the current land management plan.</P>
                <P>The revised plan will not replace applicable laws and regulations. The authorization of project-level activities will be based on the guidance and direction contained in the revised plan but will only occur through subsequent project-specific analysis and decision-making, consistent with the National Environmental Policy Act. No decisions will be made regarding the management of individual roads or trails such as those that might be associated with a Travel Management Plan under 36 CFR part 212. No decision regarding the availability of oil and gas leases will be made.</P>
                <SIG>
                    <NAME>Lisa Northrop,</NAME>
                    <TITLE>Associate Deputy Chief, National Forest System.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03197 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3411-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Rural Utilities Service</SUBAGY>
                <DEPDOC>[Docket No. RUS-26-TELECOM-0001]</DEPDOC>
                <SUBJECT>Notice of Request for Extension of a Currently Approved Information Collection</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Rural Utilities Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, the United States Department of Agriculture's Rural Utilities Service (RUS) invites comments on this extension to a currently approved information collection package for the Broadband Technical Assistance Program (BTA Program). The BTA Program provides financial assistance to technical assistance providers and rural communities to promote the expansion of broadband service into unserved rural areas.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on this notice must be received by April 20, 2026 to be assured of consideration.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Adyam Negasi, Regulations Management Division, Innovation Center, U.S. Department of Agriculture. Email: 
                        <E T="03">adyam.negasi@usda.gov.</E>
                         Telephone: (202) 221-9298.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Office of Management and Budget's (OMB) regulation (5 CFR part 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that RUS will submit to OMB for regular approval.</P>
                <P>
                    <E T="03">Comments are invited on:</E>
                     (a) 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; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information including 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 those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
                </P>
                <P>
                    Comments may be sent by the Federal eRulemaking Portal, 
                    <E T="03">www.regulations.gov.</E>
                     In the “Search” box, type in the Docket No. RUS-26-TELECOM-0001. and click the “Search” button. From the search results: click on or locate the document title and select the “Comment” button. To submit a comment: Insert comments under the “Comment” title. Information on using regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “FAQ” link.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Broadband Technical Assistance Program.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0572-0160.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Extension of a currently approved collection.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The Rural Utilities Service administers the Broadband Technical Assistance Program (BTA Program) as authorized pursuant to the Infrastructure Investment and Jobs Act (Pub. L. 117-58). The purpose of the program is to provide financial assistance to technical assistance providers and rural communities to promote the expansion of broadband service into unserved rural areas. Program funds must be used to support broadband technical assistance activities which include, but are not limited to, project planning and community engagement, operations support, financial sustainability, environmental compliance, construction and engineering, accessing federal resources, and data collection and reporting.
                </P>
                <P>The reporting burden covered by this collection of information consists of forms, documents and written burden to support a request for funding for BTA Program assistance. This information collection will be used to obtain information necessary to evaluate applications to determine the eligibility of the applicant and the project for the program and to qualitatively assess the project's technical and financial merit to determine which projects should be funded.</P>
                <P>
                    <E T="03">Estimate of Burden:</E>
                     Public reporting burden for this collection of information is estimated to average 2.638 hours per response.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     Respondents for this data my include Tribes and Tribal Entities, state or local governments, a 
                    <PRTPAGE P="7430"/>
                    territory or possession of the United States, an institution of higher learning, non-profit entities with 501(c)(3) IRS status, cooperatives or mutual organizations, corporations and limited liability companies or limited liability partnerships.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     95.
                </P>
                <P>
                    <E T="03">Estimated Number of Responses per Respondent:</E>
                     9.31.
                </P>
                <P>
                    <E T="03">Estimated Number of Responses:</E>
                     885.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden on Respondents:</E>
                     2,335 hours.
                </P>
                <P>Copies of this information collection can be obtained from Adyam Negasi, Rural Development Innovation Center, Regulations Management Division, at (202) 221-9298. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.</P>
                <SIG>
                    <NAME>Karl Elmshaeuser,</NAME>
                    <TITLE>Administrator, Rural Utilities Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03140 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">CIVIL RIGHTS COLD CASE RECORDS REVIEW BOARD</AGENCY>
                <DEPDOC>[Agency Docket Number: CRCCRRB-2026-0006-N]</DEPDOC>
                <SUBJECT>Notice of Formal Determination on Records Release</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Civil Rights Cold Case Records Review Board.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Civil Rights Cold Case Records Review Board received 822 pages of records from the National Archives and Records Administration (NARA) related to two civil rights cold case incidents to which the Review Board assigned the unique identifiers 2024-003-065 and 2024-004-011. NARA proposed 4 postponements in the records and later withdrew 2 of those postponements. On February 6 and 13, 2026, the Review Board approved 2 postponements, and determined that 821 pages in full and 1 page in part should be publicly disclosed in the Civil Rights Cold Case Records Collection. By issuing this notice, the Review Board complies with the Civil Rights Cold Case Records Collection Act of 2018 that requires the Review Board to publish in the 
                        <E T="04">Federal Register</E>
                         its determinations on the disclosure or postponement of records in the Collection no more than 14 days after the date of its decision.
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Stephannie Oriabure, Chief of Staff, Civil Rights Cold Case Records Review Board, 1800 F Street NW, Washington, DC 20405, (771) 221-0014, 
                        <E T="03">info@coldcaserecords.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Incident identifier</CHED>
                        <CHED H="1">Postponement identifier</CHED>
                        <CHED H="1">Review board decision</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">2024-004-011</ENT>
                        <ENT>2026-NARA-04-0001</ENT>
                        <ENT>Approve.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2024-004-011</ENT>
                        <ENT>2026-NARA-04-0002</ENT>
                        <ENT>Withdrawn by agency.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2024-004-011</ENT>
                        <ENT>2026-NARA-04-0003</ENT>
                        <ENT>Approve.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2024-004-011</ENT>
                        <ENT>2026-NARA-04-0004</ENT>
                        <ENT>Withdrawn by agency.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    <E T="03">Authority:</E>
                     Pub. L. 115-426, 132 Stat. 5489 (44 U.S.C. 2107).
                </P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>Stephannie Oriabure,</NAME>
                    <TITLE>Chief of Staff.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03210 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6820-SY-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Sunshine Act Meetings</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, February 20, 2026, 10:00 a.m. EST.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Meeting to take place in-person and virtually and is open to the public.</P>
                    <P>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 February. 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, February 20, 2026, 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. Discussion and Vote on 
                    <E T="03">the Language Access for Individuals with Limited English Proficiency</E>
                     Report and the Findings &amp; Recommendations.
                </FP>
                <FP SOURCE="FP1-2">B. Discussion and Vote on Strategic Plan.</FP>
                <FP SOURCE="FP1-2">C. Management and Operations.</FP>
                <FP SOURCE="FP1-2">• Staff Director's Report</FP>
                <HD SOURCE="HD1">III. Adjourn Meeting</HD>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03179 Filed 2-13-26; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 6335-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Sunshine Act Meetings</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 comment session, antisemitism on America's college and university campuses: current conditions and the Federal response.</P>
                </ACT>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Friday, February 20, 2026, 12:00 p.m. EST.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Meeting to take place in person and virtually and is open to the public.</P>
                    <P>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>
                    <PRTPAGE P="7431"/>
                    <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>The U.S. Commission on Civil Rights will hold a public comment session on Friday, February 20, 2026, to investigate the increase in antisemitism on America's college and university campuses. The investigation will examine how institutions of higher education and the federal government responded to allegations of antisemitism on U.S. college and university campuses in violation of federal civil rights protections.</P>
                <P>At this public comment session, the Commission will hear from impacted students, educators, university officials, and community members about their experiences with antisemitism on college campuses.</P>
                <P>
                    The web link to access CART (in English) on Friday, February 20, 2026, 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>
                <P>
                    To request additional accommodations, persons with disabilities should email 
                    <E T="03">access@usccr.gov</E>
                     by Monday, February 16, 2026, indicating “accommodations” in the subject line.
                </P>
                <HD SOURCE="HD1">Public Comment Session Agenda</HD>
                <FP SOURCE="FP-2">I. Introductory Remarks: 12:00-12:15 p.m.</FP>
                <FP SOURCE="FP-2">II. Public Comment Period: 12:15-2:15 p.m.</FP>
                <FP SOURCE="FP-2">III. Closing Remarks: 2:15-2:30 p.m.</FP>
                <HD SOURCE="HD1">Call for Written Materials</HD>
                <P>
                    In addition to the testimony collected on Friday, February 20, 2026, via public comment session, the Commission welcomes the submission of material for consideration as we prepare our report. Please submit such information to 
                    <E T="03">asbriefing@usccr.gov</E>
                     no later than March 20, 2026, or by mail to OCRE/Public Comments, ATTN: AS Briefing, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425.
                </P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03180 Filed 2-13-26; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 6335-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Sunshine Act Meetings</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 briefing, antisemitism on America's college and university campuses: current conditions and the Federal response.</P>
                </ACT>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Thursday, February 19, 2026, 10:00 a.m. EST.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Meeting to take place in person and virtually and is open to the public.</P>
                    <P>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>The U.S. Commission on Civil Rights will hold a briefing on Thursday, February 19, 2026, to investigate the increase in antisemitism on America's college and university campuses. The investigation will examine how institutions of higher education and the federal government responded to allegations of antisemitism on U.S. college and university campuses in violation of federal civil rights protections.</P>
                <P>At this public briefing, the Commission will hear from subject matter experts such as current and former federal employees, impacted students and university officials, advocacy organizations, and legal and policy experts.</P>
                <P>
                    The web link to access CART (in English) on Thursday, February 19, 2026, 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>
                <P>
                    To request additional accommodations, persons with disabilities should email 
                    <E T="03">access@usccr.gov</E>
                     by Monday, February 16, 2026, indicating “accommodations” in the subject line.
                </P>
                <HD SOURCE="HD1">Briefing Agenda</HD>
                <FP SOURCE="FP-2">
                    I. 
                    <E T="03">Introductory Remarks:</E>
                     10:00-10:15 a.m.
                </FP>
                <FP SOURCE="FP-2">
                    II. 
                    <E T="03">Panel 1:</E>
                     Antisemitism, Free Speech, and Civil Rights Law in Higher Education, 10:15-11:25 a.m.
                </FP>
                <FP SOURCE="FP-2">
                    III. 
                    <E T="03">Break:</E>
                     11:25-11:35 a.m.
                </FP>
                <FP SOURCE="FP-2">
                    IV. 
                    <E T="03">Panel 2:</E>
                     Policy in Practice: Implementing Title VI to Address Campus Antisemitism, 11:35-12:45 p.m.
                </FP>
                <FP SOURCE="FP-2">
                    V. 
                    <E T="03">Lunch:</E>
                     12:45-2:15 p.m.
                </FP>
                <FP SOURCE="FP-2">
                    VI. 
                    <E T="03">Panel 3:</E>
                     Campus Life and Antisemitism: Student and Institutional Perspectives, 2:15-3:25 p.m.
                </FP>
                <FP SOURCE="FP-2">
                    VII. 
                    <E T="03">Break:</E>
                     3:25 p.m.-3:35 p.m.
                </FP>
                <FP SOURCE="FP-2">
                    VIII. 
                    <E T="03">Panel 4:</E>
                     Building Inclusive and Secure Campuses: Policy, Advocacy, and Practice, 3:35 p.m.-4:45 p.m.
                </FP>
                <FP SOURCE="FP-2">
                    IX. 
                    <E T="03">Closing Remarks:</E>
                     4:45-4:55 p.m.
                </FP>
                <FP SOURCE="FP-2">
                    X. 
                    <E T="03">Adjourn Meeting</E>
                    .
                </FP>
                <HD SOURCE="HD1">Call for Public Comments</HD>
                <P>
                    In addition to the testimony collected on Thursday, February 19, 2026, via public briefing, the Commission welcomes the submission of material for consideration as we prepare our report. Please submit such information to 
                    <E T="03">asbriefing@usccr.gov</E>
                     no later than March 20, 2026, or by mail to OCRE/Public Comments, ATTN: AS Briefing, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425.
                </P>
                <SIG>
                    <DATED> Dated: February 13, 2026.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03181 Filed 2-13-26; 4:15 pm]</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 South Carolina Advisory Committee to the U.S. Commission on Civil Rights</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice 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, that the South Carolina Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a public meeting via Zoom. The purpose will be to discuss their draft Project Proposal on their selected topic of Occupational Licensing.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Thursday, February 26, 2026, from 10:30 a.m.-12:00 p.m. Eastern Time.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meeting will be held via Zoom.</P>
                    <P>
                        <E T="03">Registration Link (Audio/Visual): https://www.zoomgov.com/webinar/register/WN_2yo6vYOGR8Sn1KZAQoQy1g.</E>
                    </P>
                    <P>
                        <E T="03">Join by Phone (Audio Only):</E>
                         1-833-435-1820 USA Toll Free; Webinar ID: 161 799 4961 #.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Victoria Moreno, Designated Federal Officer, at 
                        <E T="03">vmoreno@usccr.gov</E>
                         or (434) 515-0204.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <PRTPAGE P="7432"/>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This Committee meeting is available to the public through the registration link above. Any interested members of the public may attend this meeting. An open comment period will be provided to allow members of the public to make oral comments as time allows. Pursuant to the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning is available by selecting “CC” in the meeting platform. To request additional accommodations, please email 
                    <E T="03">csanders@usccr.gov</E>
                     at least 10 business days prior to the meeting.
                </P>
                <P>
                    Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the scheduled meeting. Written comments may be submitted via the following form: 
                    <E T="03">https://wkf.ms/4n7DKT3.</E>
                     Persons who desire additional information may contact the Regional Programs Coordination Unit at (434) 515-0204.
                </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 the file sharing website, 
                    <E T="03">https://usccr.box.com/s/uc7rr59hi2y8p1uapgemt6y1opr61zyv</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">csanders@usccr.gov.</E>
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     Will be available at the following link in advance of the meeting date—
                    <E T="03">https://usccr.box.com/s/uc7rr59hi2y8p1uapgemt6y1opr61zyv.</E>
                </P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03182 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6335-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[Application No. 84-36A12]</DEPDOC>
                <SUBJECT>Export Trade Certificate of Review</SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of issuance of an amended Export Trade Certificate of Review for Northwest Fruit Exporters (NFE), Application No. 84-36A12.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Secretary of Commerce, through the Office of Trade and Economic Analysis (OTEA), issued an amended Export Trade Certificate of Review (Certificate) to NFE on January 6th, 2026.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Amanda Reynolds, Acting Director, OTEA, International Trade Administration, (202) 482-5131 (this is not a toll-free number) or email at 
                        <E T="03">etca@trade.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4011-21) (the Act) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325. OTEA is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the 
                    <E T="04">Federal Register</E>
                    . Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary's determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous.
                </P>
                <HD SOURCE="HD1">Description of Certified Conduct</HD>
                <P>NFE amended its Certificate as follows:</P>
                <P>1. Change the Export Product coverage of the following Member of the Certificate:</P>
                <FP SOURCE="FP-1">• Pine Canyon Growers LLC changes Export Product coverage from fresh apples to fresh apples and fresh sweet cherries (adding fresh sweet cherries).</FP>
                <P>
                    <E T="03">List of Members, as amended</E>
                </P>
                <FP SOURCE="FP-2">1. Allan Bros., Naches, WA</FP>
                <FP SOURCE="FP-2">2. AltaFresh L.L.C. dba Chelan Fresh Marketing, Chelan, WA</FP>
                <FP SOURCE="FP-2">3. Apple House Warehouse &amp; Storage, Inc., Brewster, WA</FP>
                <FP SOURCE="FP-2">4. Apple King, L.L.C., Yakima, WA</FP>
                <FP SOURCE="FP-2">5. Auvil Fruit Co., Inc. dba Gee Whiz II, LLC, Orondo, WA</FP>
                <FP SOURCE="FP-2">6. Baker Produce, Inc., Kennewick, WA</FP>
                <FP SOURCE="FP-2">7. Blue Bird, Inc., Peshastin, WA</FP>
                <FP SOURCE="FP-2">8. Borton &amp; Sons, Inc., Yakima, WA</FP>
                <FP SOURCE="FP-2">9. Brewster Heights Packing &amp; Orchards, LP dba Gebbers Farms, Brewster, WA</FP>
                <FP SOURCE="FP-2">10. Chelan Fruit, Chelan, WA</FP>
                <FP SOURCE="FP-2">11. Chiawana, Inc. dba Columbia Reach Pack, Yakima, WA</FP>
                <FP SOURCE="FP-2">12. Chuy's Cherries LLC, Mattawa, WA</FP>
                <FP SOURCE="FP-2">13. CMI Orchards LLC, Wenatchee, WA</FP>
                <FP SOURCE="FP-2">14. Columbia Fresh Packing LLC, Kennewick, WA</FP>
                <FP SOURCE="FP-2">15. Congdon Packing Co. L.L.C., Yakima, WA</FP>
                <FP SOURCE="FP-2">16. Cowiche Growers, Inc., Cowiche, WA</FP>
                <FP SOURCE="FP-2">17. CPC International Apple Company, Tieton, WA</FP>
                <FP SOURCE="FP-2">18. Crane Ranch, Brewster, WA</FP>
                <FP SOURCE="FP-2">19. Custom Apple Packers, Inc., Quincy &amp; Wenatchee, WA</FP>
                <FP SOURCE="FP-2">20. Diamond Fruit Growers Inc., Odell, OR</FP>
                <FP SOURCE="FP-2">21. Domex Superfresh Growers LLC, Yakima, WA</FP>
                <FP SOURCE="FP-2">22. Douglas Fruit Company, Inc., Pasco, WA</FP>
                <FP SOURCE="FP-2">23. Dovex Export Company, Wenatchee, WA</FP>
                <FP SOURCE="FP-2">24. Duckwall Fruit, Odell, OR</FP>
                <FP SOURCE="FP-2">25. E. Brown &amp; Sons, Inc., Milton-Freewater, OR</FP>
                <FP SOURCE="FP-2">26. E.W. Brandt &amp; Sons, Inc., Parker, WA</FP>
                <FP SOURCE="FP-2">27. Evans Fruit Co., Inc., Yakima, WA</FP>
                <FP SOURCE="FP-2">28. FirstFruits Farms, LLC, Prescott, WA</FP>
                <FP SOURCE="FP-2">29. G&amp;G Orchards, Inc., Yakima, WA</FP>
                <FP SOURCE="FP-2">30. Gilbert Orchards, Inc., Yakima, WA</FP>
                <FP SOURCE="FP-2">31. Hansen Fruit &amp; Cold Storage Co., Inc., Yakima, WA</FP>
                <FP SOURCE="FP-2">32. Henggeler Packing Co., Inc., Fruitland, ID</FP>
                <FP SOURCE="FP-2">33. Honeybear Growers, LLC, Brewster, WA</FP>
                <FP SOURCE="FP-2">34. Hood River Cherry Company, Hood River, OR</FP>
                <FP SOURCE="FP-2">35. JackAss Mt. Ranch, Pasco, WA</FP>
                <FP SOURCE="FP-2">36. Jenks Bros Cold Storage &amp; Packing, Royal City, WA</FP>
                <FP SOURCE="FP-2">37. Kershaw Fruit &amp; Cold Storage, Co., Yakima, WA</FP>
                <FP SOURCE="FP-2">38. L &amp; M Companies, Union Gap, WA</FP>
                <FP SOURCE="FP-2">39. Lateral Roots Farm, LLC, Wapato, WA</FP>
                <FP SOURCE="FP-2">40. Legacy Fruit Packers LLC, Wapato, WA</FP>
                <FP SOURCE="FP-2">41. Manson Growers, Manson, WA</FP>
                <FP SOURCE="FP-2">42. Matson Fruit Company, Selah, WA</FP>
                <FP SOURCE="FP-2">43. McDougall &amp; Sons, Inc., Wenatchee, WA</FP>
                <FP SOURCE="FP-2">44. Monson Fruit Co., LLC, Selah, WA</FP>
                <FP SOURCE="FP-2">45. Morgan's of Washington dba Double Diamond Fruit, Quincy, WA</FP>
                <FP SOURCE="FP-2">
                    46. New Columbia Fruit Packers, LLC, Wenatchee, WA
                    <PRTPAGE P="7433"/>
                </FP>
                <FP SOURCE="FP-2">47. Northern Fruit Company, Inc., Wenatchee, WA</FP>
                <FP SOURCE="FP-2">48. Olympic Fruit Co., Moxee, WA</FP>
                <FP SOURCE="FP-2">49. Orchard View Farms, Inc., The Dalles, OR</FP>
                <FP SOURCE="FP-2">50. Pacific Coast Cherry Packers, LLC, Yakima, WA</FP>
                <FP SOURCE="FP-2">51. Piepel Premium Fruit Packing LLC, East Wenatchee, WA</FP>
                <FP SOURCE="FP-2">52. Pine Canyon Growers LLC, Orondo, WA (for fresh apples and fresh sweet cherries)</FP>
                <FP SOURCE="FP-2">53. Polehn Farms, Inc., The Dalles, OR</FP>
                <FP SOURCE="FP-2">54. Price Cold Storage &amp; Packing Co., Inc., Yakima, WA</FP>
                <FP SOURCE="FP-2">55. Quincy Fresh Fruit Co., Quincy, WA</FP>
                <FP SOURCE="FP-2">56. Rainier Fruit Company, Selah, WA</FP>
                <FP SOURCE="FP-2">57. River Valley Fruit, LLC., Grandview, WA</FP>
                <FP SOURCE="FP-2">58. Roche Fruit, LLC, Yakima, WA</FP>
                <FP SOURCE="FP-2">59. Sage Fruit Company, L.L.C., Yakima, WA</FP>
                <FP SOURCE="FP-2">60. Stemilt Growers, LLC, Wenatchee, WA</FP>
                <FP SOURCE="FP-2">61. Symms Fruit Ranch, Inc., Caldwell, ID</FP>
                <FP SOURCE="FP-2">62. The Dalles Fruit Company, LLC, Dallesport, WA</FP>
                <FP SOURCE="FP-2">63. Underwood Fruit &amp; Warehouse Co., Bingen, WA</FP>
                <FP SOURCE="FP-2">64. Valicoff Fruit Company, Inc., Wapato, WA</FP>
                <FP SOURCE="FP-2">65. Washington Cherry Growers, Peshastin, WA</FP>
                <FP SOURCE="FP-2">66. Washington Fruit &amp; Produce Co., Yakima, WA</FP>
                <FP SOURCE="FP-2">67. Western Sweet Cherry Group, LLC, Yakima, WA</FP>
                <FP SOURCE="FP-2">68. Whitby Farms, Inc. dba: Farm Boy Fruit Snacks LLC, Mesa, WA</FP>
                <FP SOURCE="FP-2">69. WP Packing LLC, Wapato, WA</FP>
                <FP SOURCE="FP-2">70. Yakima Fruit &amp; Cold Storage Co., Yakima, WA</FP>
                <FP SOURCE="FP-2">71. Zirkle Fruit Company, Selah, WA</FP>
                <P>The effective date of the amended certificate is July 25th, 2025, the date on which NFE's application to amend was deemed submitted.</P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>Isabella Gabriele,</NAME>
                    <TITLE>International Economist, Office of Trade and Economic Analysis, International Trade Administration, U.S. Department of Commerce.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03158 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DR-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-533-877]</DEPDOC>
                <SUBJECT>Stainless Steel Flanges From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters of stainless steel flanges (flanges) from India made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) October 1, 2023, through September 30, 2024. In addition, we are rescinding this review for two companies. We invite interested parties to comment on these preliminary results.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Eric Chen and Benito Ballesteros, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2860 or (202) 482-7425, respectively.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On October 9, 2018, Commerce published in the 
                    <E T="04">Federal Register</E>
                     an antidumping duty order on flanges from India.
                    <SU>1</SU>
                    <FTREF/>
                     On November 14, 2024, and December 18, 2024, based on timely requests for review, Commerce initiated an administrative review of the 
                    <E T="03">Order</E>
                     covering 13 companies, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).
                    <SU>2</SU>
                    <FTREF/>
                     On December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding by 90 days.
                    <SU>3</SU>
                    <FTREF/>
                     On September 29, 2025, Commerce extended the deadline for the preliminary results of this administrative review by 16 days.
                    <SU>4</SU>
                    <FTREF/>
                     Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceeding by 47 days,
                    <SU>5</SU>
                    <FTREF/>
                     and, due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.
                    <SU>6</SU>
                    <FTREF/>
                     On December 2, 2025, Commerce extended the deadline for the preliminary results by 21 days.
                    <SU>7</SU>
                    <FTREF/>
                     Additionally, on December 23, 2025, Commerce extended the deadline for the preliminary results by 14 days.
                    <SU>8</SU>
                    <FTREF/>
                     Accordingly, the deadline for the preliminary results is now January 28, 2026.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Stainless Steel Flanges from India: Antidumping Duty Order,</E>
                         83 FR 50639 (October 9, 2018) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E>
                         89 FR 89955 (November 14, 2024) (
                        <E T="03">Initiation Notice</E>
                        ); 
                        <E T="03">see also Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E>
                         89 FR 102856 (December 18, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated December 9, 2024.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Preliminary Results of 2023-2024 Antidumping Duty Administrative Review,” dated September 29, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Preliminary Results of 2023-2024 Antidumping Duty Administrative Review,” dated December 2, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Preliminary Results of 2023-2024 Antidumping Duty Administrative Review,” dated December 23, 2025.
                    </P>
                </FTNT>
                <P>
                    For details regarding the events that occurred subsequent to the initiation of this review, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                    <SU>9</SU>
                    <FTREF/>
                     A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via ACCESS. ACCESS is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at 
                    <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Stainless Steel Flanges from India; 2023-2024,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Scope of the Order</HD>
                <P>
                    The merchandise covered by the 
                    <E T="03">Order</E>
                     is stainless steel flanges from India. For a full description of the scope, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Preliminary Successor-in-Interest Determination</HD>
                <P>
                    Viraj Profiles Private Limited (Viraj) reported that it changed its name from 
                    <PRTPAGE P="7434"/>
                    “Viraj Profiles Limited” (Viraj Profiles) to “Viraj Profiles Private Limited.” 
                    <SU>10</SU>
                    <FTREF/>
                     Based on our analysis of the information on the record regarding changes with respect to Viraj Profiles' corporate structure, manufacturing facilities, customers, and suppliers, we preliminarily determine that Viraj is the successor-in-interest to Viraj Profiles, and, as a result, should be treated in the same manner as Viraj Profiles. For further discussion, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum at “Preliminary Successor-In-Interest Determination.”
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         BFN/Viraj's Letter, “Stainless Steel Flanges From India,” dated May 12, 2025, at 1-2.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Partial Rescission of Administrative Review</HD>
                <P>
                    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review in the 
                    <E T="04">Federal Register</E>
                    . In February 2025, Echjay Forgings Private Limited (Echjay) and Goodluck India Limited (Goodluck) timely withdrew their requests for an administrative review.
                    <SU>11</SU>
                    <FTREF/>
                     Because no other party requested a review of these companies, Commerce is rescinding this review with respect to Echjay and Goodluck, in accordance with 19 CFR 351.213(d)(1).
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Echjay's Letter, “Withdrawal of Request for Antidumping Duty Administrative Review for the period of October 01, 2023 to September 30, 2024,” dated February 11, 2025; 
                        <E T="03">see also</E>
                         Goodluck's Letter, “Withdrawal of Request for Anti-Dumping Duty Administrative Review for the period of October 01, 2023 to September 30, 2024,” dated February 11, 2025.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Methodology</HD>
                <P>
                    Commerce is conducting this review in accordance with sections 751(a)(1) and (2) of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. We calculated NV in accordance with section 773 of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences (AFA) to determine the margin assigned to BFN Forgings Private Limited; Flanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj Impoexpo, Ltd.; and Viraj (collectively, BFN/Viraj).
                    <SU>12</SU>
                    <FTREF/>
                     For a full description of the methodology underlying these preliminary results, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         Commerce previously determined that it was appropriate to collapse these companies and treat them as a single entity. 
                        <E T="03">See, e.g., Stainless Steel Flanges from India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstance Determination,</E>
                         83 FR 40745 (August 16, 2018).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Review-Specific Rate for Companies Not Selected for Individual Review</HD>
                <P>
                    The Act and Commerce's regulations do not address the rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a less-than-fair value (LTFV) investigation for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or 
                    <E T="03">de minimis</E>
                     margins, and any margins determined entirely on the basis of facts available. In this administrative review, Commerce preliminarily assigned a margin based entirely on AFA to BFN/Viraj. Therefore, the only rate that is not zero, 
                    <E T="03">de minimis</E>
                     or based entirely on AFA is the rate calculated for Chandan Steel Limited (Chandan). Therefore, we are preliminarily assigning Chandan's rate of 0.60 percent to the companies not selected for individual examination in this review, in accordance with section 735(c)(5)(B) of the Act. The companies not selected for individual examination are listed in Appendix II.
                </P>
                <HD SOURCE="HD1">Preliminary Results of Review</HD>
                <P>
                    We preliminarily determine the following estimated weighted-average dumping margins exist for the period October 1, 2023, through September 30, 2024:
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         The exporters and/or producers not selected for individual review are listed in Appendix II.
                    </P>
                </FTNT>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exporter/producer</CHED>
                        <CHED H="1">
                            Weighted-average
                            <LI>dumping margin</LI>
                            <LI>(percent)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Chandan Steel Limited</ENT>
                        <ENT>0.60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">BFN Forgings Private Limited; Flanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj Impoexpo, Ltd.; and Viraj Profiles Private Limited</ENT>
                        <ENT>50.72</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Companies Not Selected for Individual Review 
                            <SU>13</SU>
                        </ENT>
                        <ENT>0.60</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Disclosure</HD>
                <P>Commerce intends to disclose its calculations and analysis performed to interested parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).</P>
                <HD SOURCE="HD1">Public Comment</HD>
                <P>
                    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance.
                    <SU>14</SU>
                    <FTREF/>
                     Pursuant to 19 CFR 351.309(c)(1)(ii), the deadline for interested parties to submit case briefs to Commerce is no later than 21 days after the date of the publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.
                    <SU>15</SU>
                    <FTREF/>
                     Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.
                    <SU>16</SU>
                    <FTREF/>
                     All briefs must be filed electronically via ACCESS.
                    <SU>17</SU>
                    <FTREF/>
                     An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(c)(1)(ii); 
                        <E T="03">see also</E>
                         19 CFR 351.303 (for general filing requirements).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(d); 
                        <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E>
                         88 FR 67069, 67077 (September 29, 2023) (
                        <E T="03">APO and Service Final Rule</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(c)(2) and (d)(2).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.303.
                    </P>
                </FTNT>
                <P>
                    As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we 
                    <PRTPAGE P="7435"/>
                    request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.
                    <SU>18</SU>
                    <FTREF/>
                     Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final determination in this investigation. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See APO and Service Final Rule.</E>
                    </P>
                </FTNT>
                <P>Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.</P>
                <HD SOURCE="HD1">Final Results of Review</HD>
                <P>Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).</P>
                <HD SOURCE="HD1">Assessment Rates</HD>
                <P>
                    Upon completion of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         section 751(a)(2)(C) of the Act.
                    </P>
                </FTNT>
                <P>
                    Pursuant to 19 CFR 351.212(b)(1), where Chandan reported the entered value for its U.S. sales, we calculated importer-specific 
                    <E T="03">ad valorem</E>
                     antidumping duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of those same sales. Where either Chandan's weighted-average dumping margin is zero or 
                    <E T="03">de minimis</E>
                     within the meaning of 19 CFR 351.106(c), or an importer-specific rate is zero or 
                    <E T="03">de minimis,</E>
                     we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
                </P>
                <P>
                    Commerce's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by Chandan for which the company did not know that the merchandise it sold to the intermediary (
                    <E T="03">i.e.,</E>
                     a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate established in the LTFV investigation (
                    <E T="03">i.e.,</E>
                     7.00 percent),
                    <SU>21</SU>
                    <FTREF/>
                     if there is no rate for the intermediate company(ies) involved in the transaction.
                    <SU>22</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See Stainless Steel Flanges from India: Notice of Court Decision Not in Harmony with the Final Determination of Antidumping Investigation; Notice of Amended Final Determination,</E>
                         86 FR 50325 (September 8, 2021) (
                        <E T="03">Amended Final</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         For a full discussion of this practice, 
                        <E T="03">see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E>
                         68 FR 23954 (May 6, 2003).
                    </P>
                </FTNT>
                <P>For the companies listed in Appendix II which were not selected for individual review, we will instruct CBP to assess antidumping duties on all appropriate entries based on the review-specific rate, calculated as noted in the “Preliminary Results of Review” section, above. For BFN/Viraj, we will instruct CBP to assess antidumping duties on all appropriate entries based on the dumping margin listed in the “Preliminary Results of Review” section, above.</P>
                <P>
                    For the companies for which we are rescinding the review, we will instruct CBP to assess antidumping duties on all appropriate entries at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue these rescission instructions to CBP no earlier than 35 days after the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>
                    Commerce intends to issue assessment instructions to CBP regarding Chandan, BFN/Viraj, and the companies listed in Appendix II no earlier than 35 days after the date of publication of the final results of this review in the 
                    <E T="04">Federal Register</E>
                    . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies under review will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is 
                    <E T="03">de minimis</E>
                     (
                    <E T="03">i.e.,</E>
                     less than 0.50 percent), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not covered by this review, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding in which they were examined; (3) if the exporter is not a firm covered in this review, a prior review, or the LTFV investigation, but the producer is, the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 7.00 percent,
                    <SU>23</SU>
                    <FTREF/>
                     the all-others rate established in the amended final determination of the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See Amended Final,</E>
                         86 FR at 50326.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Notification to Importers</HD>
                <P>
                    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing 
                    <PRTPAGE P="7436"/>
                    duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.
                </P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4).</P>
                <SIG>
                    <DATED>Dated: January 28, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Appendix I</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">List of Topics Discussed in the Preliminary Decision Memorandum</HD>
                    <FP SOURCE="FP-2">I. Summary</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">
                        III. Scope of the 
                        <E T="03">Order</E>
                    </FP>
                    <FP SOURCE="FP-2">IV. Preliminary Successor-In-Interest Determination</FP>
                    <FP SOURCE="FP-2">V. Use of Facts Available and Adverse Inferences</FP>
                    <FP SOURCE="FP-2">VI. Discussion of the Methodology</FP>
                    <FP SOURCE="FP-2">VII. Recommendation</FP>
                </EXTRACT>
                <HD SOURCE="HD1">Appendix II</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">List of Companies Not Selected for Individual Examination</HD>
                    <FP SOURCE="FP-2">1. Balkrishna Steel Forge Pvt. Ltd.</FP>
                    <FP SOURCE="FP-2">2. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.)</FP>
                    <FP SOURCE="FP-2">3. Cetus Engineering Private Limited</FP>
                    <FP SOURCE="FP-2">4. Fivebros Forgings Private Limited</FP>
                    <FP SOURCE="FP-2">5. Hilton Metal Forging Limited</FP>
                    <FP SOURCE="FP-2">6. Jai Auto Pvt. Ltd.</FP>
                    <FP SOURCE="FP-2">7. Kisaan Die Tech Private Limited</FP>
                    <FP SOURCE="FP-2">8. Pradeep Metals Limited</FP>
                    <FP SOURCE="FP-2">9. R. N. Gupta &amp; Company Limited</FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03202 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[C-580-879]</DEPDOC>
                <SUBJECT>Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Countervailing Duty Changed Circumstances Review</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) determines that a producer/exporter subject the countervailing duty (CVD) order on certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea), Dongkuk Coated Metal Co., Ltd. (Dongkuk CM), is not the Successor-in-Interest (SII) to Dongkuk Steel Mill Co., Ltd. (Old Dongkuk Steel) in the context of the CVD order on CORE from Korea.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Shane Subler, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6241.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On July 25, 2016, Commerce published the CVD order on CORE from Korea.
                    <SU>1</SU>
                    <FTREF/>
                     On August 20, 2025, Commerce published in the 
                    <E T="04">Federal Register</E>
                     the 
                    <E T="03">Preliminary Results</E>
                     in this changed circumstances review (CCR), finding that Dongkuk CM is not the SII to Old Dongkuk Steel.
                    <SU>2</SU>
                    <FTREF/>
                     Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days.
                    <SU>3</SU>
                    <FTREF/>
                     Additionally, due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.
                    <SU>4</SU>
                    <FTREF/>
                     On January 9, 2026, Commerce extended the deadline for the final results of the CCR by 14 days.
                    <SU>5</SU>
                    <FTREF/>
                     On February 4, 2026, Commerce extended the deadline for the final results of the CCR by an additional seven days.
                    <SU>6</SU>
                    <FTREF/>
                     The final results of the CCR are currently due by February 12, 2026.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea and the People's Republic of China: Countervailing Duty Order,</E>
                         81 FR 48387, (July 25, 2016) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of Changed Circumstances Review,</E>
                         90 FR 40563 (August 20, 2025) (
                        <E T="03">Preliminary Results</E>
                        ), and accompanying Preliminary Decision Memorandum.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “5th Extension of Deadline for Final Results of Changed Circumstances Review,” dated January 9, 2026.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “6th Extension of Deadline for Final Results of Changed Circumstances Review,” dated February 4, 2026.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    For a complete discussion of the events that followed the 
                    <E T="03">Preliminary Results, see</E>
                     the Issues and Decision Memorandum.
                    <SU>8</SU>
                    <FTREF/>
                     The Issues and Decision Memorandum is a public document and is on file electronically via ACCESS. ACCESS is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at 
                    <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Issues and Decision Memorandum for the Final Results of the Changed Circumstances Review of the Countervailing Duty Order on Certain Corrosion-Resistant Steel Products from the Republic of Korea,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Scope of the Order</HD>
                <P>
                    The product covered by this 
                    <E T="03">Order</E>
                     is CORE from Korea. For a complete description of the scope of this 
                    <E T="03">Order, see</E>
                     the Issues and Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Analysis of Comments Received</HD>
                <P>All issues raised in interested parties' case briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised by parties, and to which Commerce responded in the Issues and Decision Memorandum, is provided in the appendix to this notice.</P>
                <HD SOURCE="HD1">Changes Since the Preliminary Results</HD>
                <P>
                    For the reasons explained in the Issues and Decision Memorandum, we continue to find that Dongkuk CM is not the SII to Old Dongkuk Steel in the context of the CVD order on CORE from Korea. We continue to find that Old Dongkuk Steel's exclusion from the 
                    <E T="03">Order</E>
                     currently in effect does not apply to Dongkuk CM, and we have not made changes to the 
                    <E T="03">Preliminary Results.</E>
                     Accordingly, for entries of CORE from Korea produced and/or exported by Dongkuk CM that are entered, or withdrawn from warehouse, for consumption in the United States on or after the date of publication of the 
                    <E T="03">Preliminary Results</E>
                     (
                    <E T="03">i.e.,</E>
                     August 20, 2025), importers must identify the merchandise as subject to CVDs (
                    <E T="03">e.g.,</E>
                     type 03) with U.S. Customs and Border Protection. Further, parties may request annual administrative reviews of Dongkuk CM going forward, pursuant to section 751 of the Tariff Act of 1930, as amended (the Act).
                </P>
                <P>
                    As also discussed in the Issues and Decision Memorandum, we are notifying parties that any company that is excluded from a CVD order and restructures, such as Old Dongkuk Steel, must request a CCR for Commerce to determine whether the restructured company is essentially the same entity as the predecessor for cash deposit purposes.
                    <SU>9</SU>
                    <FTREF/>
                     Accordingly, for any 
                    <PRTPAGE P="7437"/>
                    company excluded from a CVD order, the burden is on the company to request a CCR pursuant to section 751 of the Act in these circumstances. Additionally, we are providing notice that importers must identify merchandise produced and/or exported by the restructured company as subject to CVDs (
                    <E T="03">e.g.,</E>
                     type 03) as of the date on which the changed circumstances subject to the request occurred. For further discussion, 
                    <E T="03">see</E>
                     the Issues and Decision Memorandum at Comment 1.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">Id.</E>
                         at 6-7 (citing 
                        <E T="03">Certain Pasta from Turkey: Preliminary Results of Countervailing Duty Changed Circumstances Review,</E>
                         74 FR 47225 
                        <PRTPAGE/>
                        (September 15, 2009), unchanged in 
                        <E T="03">Certain Pasta from Turkey: Final Results of Countervailing Duty Changed Circumstances Review,</E>
                         74 FR 54022 (October 21, 2009)).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Administrative Protective Order (APO)</HD>
                <P>This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.</P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>We are issuing and publishing these final results of a CCR and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act, and 19 CFR 351.216(e), 351.221(b), and 351.221(c)(3).</P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Appendix</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">List of Topics Discussed in the Issues and Decision Memorandum</HD>
                    <FP SOURCE="FP-2">I. Summary</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">
                        III. Scope of the 
                        <E T="03">Order</E>
                    </FP>
                    <FP SOURCE="FP-2">IV. Discussion of the Issues</FP>
                    <FP SOURCE="FP1-2">Comment 1: Whether Commerce Should Set an Effective Date to Collect Cash Deposits and Assign a Cash Deposit Rate for Subject Merchandise Produced by Dongkuk CM</FP>
                    <FP SOURCE="FP1-2">Comment 2: Whether Commerce Articulated a Clear Standard of Analysis for SII Determinations for Companies Previously Excluded from a CVD Order</FP>
                    <FP SOURCE="FP1-2">Comment 3: Whether the Preliminary Results Are Supported by Substantial Evidence</FP>
                    <FP SOURCE="FP1-2">Comment 4: Whether Commerce Applied the Correct Standard for a CCR</FP>
                    <FP SOURCE="FP-2">V. Recommendation</FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03207 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[C-570-054]</DEPDOC>
                <SUBJECT>Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2023</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain exporters/producers of certain aluminum foil (aluminum foil) from the People's Republic of China (China) during the period of review (POR) January 1, 2023, through December 31, 2023.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Natasia Byrd, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1240.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On August 8, 2025, Commerce published the 
                    <E T="03">Preliminary Results</E>
                     of this administrative review in the 
                    <E T="04">Federal Register</E>
                     and invited comments from interested parties.
                    <SU>1</SU>
                    <FTREF/>
                     Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days.
                    <SU>2</SU>
                    <FTREF/>
                     Additionally, due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.
                    <SU>3</SU>
                    <FTREF/>
                     Accordingly, the deadline for these final results is now February 12, 2026.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Certain Aluminum Foil from the People's Republic of China: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2023,</E>
                         90 FR 38442 (August 8, 2025) (
                        <E T="03">Preliminary Results</E>
                        ), and accompanying Preliminary Decision Memorandum.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.
                    </P>
                </FTNT>
                <P>
                    For a complete description of the events that occurred since the 
                    <E T="03">Preliminary Results, see</E>
                     the Issues and Decision Memorandum.
                    <SU>4</SU>
                    <FTREF/>
                     The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at 
                    <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Certain Aluminum Foil from the People's Republic of China; 2023,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">
                    Scope of the Order 
                    <E T="51">5</E>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See Certain Aluminum Foil from the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order,</E>
                         83 FR 17360 (April 19, 2018); 
                        <E T="03">see also Certain Aluminum Foil from the People's Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination in the Countervailing Duty Investigation, and Notice of Amended Final Determination and Amended Countervailing Duty Order,</E>
                         85 FR 47730 (August 6, 2020) (collectively, 
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <P>
                    The product covered by the scope of the 
                    <E T="03">Order</E>
                     is aluminum foil from China. A full description of the scope of the 
                    <E T="03">Order</E>
                     is contained in the Issues and Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Analysis of Comments Received</HD>
                <P>All issues raised by the interested parties in their case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is provided in Appendix I to this notice.</P>
                <HD SOURCE="HD1">Changes Since the Preliminary Results</HD>
                <P>
                    Based on our analysis of comments from interested parties and the evidence on the record, we made certain changes from the 
                    <E T="03">Preliminary Results</E>
                     to the countervailable subsidy calculations for Jiangsu Zhongji Lamination Materials Co., Ltd. (Zhongji). As a result, we have also revised the rate applicable to companies not selected for individual review. In addition, we have made certain changes to the selection methodology of the adverse facts available (AFA) rates used in the 
                    <E T="03">Preliminary Results.</E>
                     For a discussion of these changes, 
                    <E T="03">see</E>
                     the Issues and Decision Memorandum.
                    <PRTPAGE P="7438"/>
                </P>
                <HD SOURCE="HD1">Methodology</HD>
                <P>
                    Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, 
                    <E T="03">i.e.,</E>
                     a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.
                    <SU>6</SU>
                    <FTREF/>
                     For a complete description of the methodology underlying all of Commerce's conclusions, including our reliance, in part, on facts otherwise available, including adverse facts available, pursuant to sections 776(a) and (b) of the Act, 
                    <E T="03">see</E>
                     the Issues and Decision Memorandum.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Companies Not Selected for Individual Review</HD>
                <P>
                    The statute and Commerce's regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides the basis for calculating the all-others rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and/or producers individually examined, excluding any rates that are zero, 
                    <E T="03">de minimis,</E>
                     or based entirely on facts available.
                </P>
                <P>
                    There are 14 companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. In this review, the only rate that is not zero, 
                    <E T="03">de minimis,</E>
                     or based entirely on facts otherwise available is the rate calculated for Zhongji. Consequently, the rate calculated for Zhongji is also assigned as the rate for the companies under review that were not selected for individual examination.
                </P>
                <HD SOURCE="HD1">Rate for Non-Responsive Company</HD>
                <P>
                    As explained in the 
                    <E T="03">Preliminary Results,</E>
                     Shanghai Shenyan Packaging Materials Co., Ltd. (Shenyan) was selected as a mandatory respondent in this review; however, Shenyan elected not to participate in this review and did not respond to Commerce's countervailing duty (CVD) questionnaire. We continue to find that by not responding to Commerce's request for information, Shenyan withheld requested information and significantly impeded this proceeding. Thus, in reaching our final results, pursuant to sections 776(a)(2)(A) and (C) of the Act, we continue to base the CVD subsidy rates for this non-responsive company on facts otherwise available.
                </P>
                <P>
                    Further, we continue to determine that an adverse inference is warranted, pursuant to section 776(b) of the Act. By failing to submit a response to Commerce's CVD questionnaire, Shenyan failed to cooperate by not acting to the best of its ability to comply with a request for information in this review. Accordingly, we continue to find that an adverse inference is warranted to ensure that the non-responsive company will not obtain a more favorable result than if it had fully complied with Commerce's request for information. Commerce did not make any changes to its determination to rely on facts otherwise available with adverse inferences from the 
                    <E T="03">Preliminary Results</E>
                     for Shenyan. However, Commerce has made certain revisions to the total AFA rate applicable to Shenyan since the 
                    <E T="03">Preliminary Results.</E>
                     For a discussion of these changes, 
                    <E T="03">see</E>
                     “Use of Facts Otherwise Available and Adverse Inferences” in the Issues and Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Final Results of Review</HD>
                <P>
                    We determine the following net countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Zhongji's net countervailable 
                        <E T="03">ad valorem</E>
                         subsidy rate reflects Zhongji's rate after an entered value adjustment (EVA). The non-selected company rate reflects Zhongji's 
                        <E T="03">ad valorem</E>
                         net countervailable subsidy rate without the EVA.
                    </P>
                    <P>
                        <SU>8</SU>
                         As discussed in the 
                        <E T="03">Preliminary Results,</E>
                         Commerce finds the following companies to be to be cross-owned with Zhongji: (1) Jiangsu Huafeng Aluminium Industry Co., Ltd. (Jiangsu Huafeng), (2) Shantou Wanshun New Material Group Co., Ltd. (f/k/a Shantou Wanshun Package Material Stock Co., Ltd.), (3) Anhui Zhongji Battery Foil Sci&amp;Tech Co., Ltd. (AKA Anhui Zhongii Battery Foil Science &amp; Technology Co., Ltd.) (f/k/a Anhui Maximum Aluminium Industries Company Limited), (4) Sichuan Wanshun Zhongji Aluminium Industry Co., Ltd., and (5) Anhui Maximum Aluminum Co., Ltd. Furthermore, Commerce finds that Zhongji wholly owns trading company Jiangsu Zhongji Lamination Materials Co., (HK) Limited. Zhongji's trading company and cross-owned affiliates were listed separately in the 
                        <E T="03">Initiation Notice.</E>
                    </P>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Appendix II for a list of the non-selected companies under review.
                    </P>
                </FTNT>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s100,20">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Company</CHED>
                        <CHED H="1">
                            Subsidy rate 
                            <SU>7</SU>
                            <LI>
                                (percent 
                                <E T="03">ad valorem</E>
                                )
                            </LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a Jiangsu Zhongji Lamination Materials Stock Co., Ltd.) 
                            <SU>8</SU>
                        </ENT>
                        <ENT>22.10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Shanghai Shenyan Packaging Materials Co., Ltd</ENT>
                        <ENT>120.81</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Non-Selected Companies Under Review 
                            <SU>9</SU>
                        </ENT>
                        <ENT>24.02</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Disclosure</HD>
                <P>Commerce intends to disclose its calculations and analysis performed to interested parties for these final results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).</P>
                <HD SOURCE="HD1">Assessment Requirements</HD>
                <P>
                    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable 
                    <E T="03">ad valorem</E>
                     assessment rates. We intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results of review in the 
                    <E T="04">Federal Register</E>
                    . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    In accordance with section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of 
                    <PRTPAGE P="7439"/>
                    the respective companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms subject to the 
                    <E T="03">Order,</E>
                     we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice.
                </P>
                <HD SOURCE="HD1">Administrative Protective Order (APO)</HD>
                <P>This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.</P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).</P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Appendix I</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">List of Topics Discussed in the Issues and Decision Memorandum</HD>
                    <FP SOURCE="FP-2">I. Summary</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">
                        III. Scope of the 
                        <E T="03">Order</E>
                    </FP>
                    <FP SOURCE="FP-2">IV. Non-Selected Companies Under Review</FP>
                    <FP SOURCE="FP-2">V. Subsidies Valuation</FP>
                    <FP SOURCE="FP-2">VI. Use of Facts Otherwise Available and Application of Adverse Inferences</FP>
                    <FP SOURCE="FP-2">VII. Analysis of Programs</FP>
                    <FP SOURCE="FP-2">VIII. Discussion of the Issues</FP>
                    <FP SOURCE="FP1-2">Comment 1: Whether Commerce Should Include Warehouse Storage Fees in the Benchmark for the Government Provision of Primary Aluminum for Less Than Adequate Remuneration (LTAR)</FP>
                    <FP SOURCE="FP1-2">Comment 2: Whether Commerce Should Adjust the Benchmark for the Government Provision of Aluminum Plate and/or Sheet and Strip for LTAR</FP>
                    <FP SOURCE="FP-2">IX. Recommendation</FP>
                </EXTRACT>
                <HD SOURCE="HD1">Appendix II</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">Non-Selected Companies Under Review</HD>
                    <FP SOURCE="FP-2">1. Dingheng New Materials Co., Ltd.</FP>
                    <FP SOURCE="FP-2">2. Dingsheng Aluminium Industries (Hong Kong) Trading Co., Ltd.</FP>
                    <FP SOURCE="FP-2">3. Hangzhou DingCheng Aluminum Co., Ltd.</FP>
                    <FP SOURCE="FP-2">4. Hangzhou Dingsheng Import &amp; Export Co., Ltd.</FP>
                    <FP SOURCE="FP-2">5. Hangzhou Dingsheng Industrial Group Co. Ltd.</FP>
                    <FP SOURCE="FP-2">6. Hangzhou Five Star Aluminium Co., Ltd.</FP>
                    <FP SOURCE="FP-2">7. Hangzhou Teemful Aluminium Co., Ltd.</FP>
                    <FP SOURCE="FP-2">8. Inner Mongolia Liansheng New Energy Material Co., Ltd.</FP>
                    <FP SOURCE="FP-2">9. Inner Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd.</FP>
                    <FP SOURCE="FP-2">10. Inner Mongolia Xinxing New Energy Material Co., Ltd.</FP>
                    <FP SOURCE="FP-2">11. Inner Mongolia Xinxing New Material Co., Ltd.</FP>
                    <FP SOURCE="FP-2">12. Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.;</FP>
                    <FP SOURCE="FP-2">13. Thai Ding Li New Materials Co., Ltd.</FP>
                    <FP SOURCE="FP-2">14. Walson (HK) Trading Co., Limited.</FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03205 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-201-820]</DEPDOC>
                <SUBJECT>Fresh Tomatoes From Mexico: Final Clarification of the Scope of the Antidumping Duty Order</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On December 22, 2025, the U.S. Department of Commerce (Commerce) issued a proposed clarification of the scope of the antidumping duty (AD) order on fresh tomatoes from Mexico. Based on comments from interested parties, Commerce has further clarified the scope of this order.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 14, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Thomas Schauer, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0410.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    Section 351.225 of Commerce's regulations governs Commerce's scope rulings. Commerce may clarify the scope of an order in accordance with 19 CFR 351.225(q). On December 22, 2025, Commerce issued the Proposed Scope Clarification 
                    <SU>1</SU>
                    <FTREF/>
                     to provide notice that it intends to clarify the scope of the 
                    <E T="03">Order</E>
                     by adding certain certification requirements for fresh tomatoes imported for processing and expressly excluded from the scope of the 
                    <E T="03">Order.</E>
                    <SU>2</SU>
                    <FTREF/>
                     Interested parties were invited to comment on the intended clarification.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Intent to Clarify Scope of the Order,” dated December 22, 2025 (Proposed Scope Clarification).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See Fresh Tomatoes from Mexico: Termination of Suspension Agreement, Rescission of Administrative Reviews, and Imposition of an Antidumping Duty Order,</E>
                         90 FR 33363, (July 17, 2025) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Comments on the Proposed Scope Clarification</HD>
                <P>Commerce received comments from the Florida Tomato Exchange (FTE) and a rebuttal submission from the Fresh Produce Association of the Americas (FPAA). No other parties commented on the Proposed Scope Clarification.</P>
                <HD SOURCE="HD2">FTE's Comments</HD>
                <P>• Commerce should refine its proposed language because it is susceptible to more than one interpretation, and Commerce should include an additional certification requirement because the proposed U.S. Department of Agriculture (USDA) form is inadequate to fulfill the purpose of the proposed change.</P>
                <P>• Consistent with the requirements of the 2019 suspension agreement, Commerce should require an additional certification specific to this proceeding that remedies the deficiencies of USDA Form SC-6.</P>
                <HD SOURCE="HD2">FPAA's Rebuttal</HD>
                <P>• FPAA concurs with the petitioner's proposed changes to Commerce's proposed clarifying language regarding tomatoes for processing.</P>
                <P>• To the extent that Commerce is modifying the scope definition to clarify the need for a Form SC-6 to be submitted, Commerce should also coordinate and work with U.S. Customs and Border Protection (CBP) to ensure that CBP's Automated Customs Environment (ACE) system is also modified so that importers will have a way to comply with the additional scope requirements for imports of tomatoes for processing to also declare that they have an accompanying Form SC-6.</P>
                <HD SOURCE="HD1">Final Scope Clarification</HD>
                <P>
                    Commerce agrees with the petitioner and FPAA that there is ambiguity in the Proposed Scope Clarification and is adopting the petitioner's suggested changes. The Proposed Scope Clarification is intended to insert the certification requirements for entries of fresh tomatoes imported into the United States for processing and expressly excluded from the scope of the 
                    <E T="03">Order.</E>
                     This clarification is not intended to change the scope of the fresh tomatoes either covered by the 
                    <E T="03">Order</E>
                     or excluded 
                    <PRTPAGE P="7440"/>
                    from the 
                    <E T="03">Order</E>
                     but is merely intended to clarify and inform the public that entries of fresh tomatoes imported into the United States for processing must be accompanied by SC-6 
                    <SU>3</SU>
                    <FTREF/>
                     and the “Processing Tomatoes Certification Form.” 
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The sample of SC-6 is available at: 
                        <E T="03">https://www.ams.usda.gov/sites/default/files/media/SC6ImportersExemptCommodityForm.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The “Processing Tomatoes Certification Form” is available at the Enforcement and Compliance website at: 
                        <E T="03">https://www.trade.gov/fresh-tomatoes-forms.</E>
                    </P>
                </FTNT>
                <P>Furthermore, with respect to the FPAA's request that Commerce work with CBP to modify the ACE system, Commerce will require that importers file the SC-6 and the Processing Tomatoes Certification Form to be uploaded into the ACE document imaging system at the time of filing an entry summary, as explained in the “Certification Requirements” section below.</P>
                <HD SOURCE="HD1">Certification Requirements</HD>
                <P>
                    Importers are required to complete and maintain the applicable certifications and retain all supporting documentation. As of the date of publication of this 
                    <E T="04">Federal Register</E>
                     notice, the importer certifications must be completed, signed, and dated by the time the entry summary is filed for the relevant entry.
                </P>
                <P>
                    The importer, or the importer's agent, must submit the importer's certifications at the time of entry summary by uploading these documents into the document imaging system (DIS) in ACE. Where the importer uses a broker to facilitate the entry process, the importer should obtain the entry summary number from the broker. Agents of the importer, such as brokers, however, are not permitted to certify on behalf of the importer. Consistent with CBP's procedures, importers shall identify certified entries by using importers' additional declaration (record 54) AD/CVD Certification Designation (type code 06) when filing entry summary.
                    <SU>5</SU>
                    <FTREF/>
                     These certifications and declarations must be maintained by the importer and presented to CBP upon request and both the importer or importer's agent, as applicable, and the processor must maintain copies of these forms for five years. The claims made in the certifications and declarations and any supporting documentation are subject to verification by Commerce and/or CBP.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Cargo System Messaging Service #59384253, dated February 12, 2024; 
                        <E T="03">see also Announcing an Importer's Additional Declaration in the Automated Commercial Environment Specific to Antidumping/Countervailing Duty Certifications,</E>
                         89 FR 7372 (February 2, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Scope of the Order</HD>
                <P>
                    The merchandise subject to the 
                    <E T="03">Order</E>
                     is fresh tomatoes from Mexico. For a complete description of the revised scope of the 
                    <E T="03">Order, see</E>
                     the appendix to this notice.
                </P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>This notice is issued and published in accordance with 19 CFR 351.225(q).</P>
                <SIG>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Appendix</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">Scope of the Order</HD>
                    <P>
                        The merchandise subject to the 
                        <E T="03">Order</E>
                         is all fresh or chilled tomatoes (fresh tomatoes) which have Mexico as their origin, except for those tomatoes which are for processing. For purposes of the 
                        <E T="03">Order,</E>
                         processing is defined to include preserving by any commercial process, such as canning, dehydrating, drying, or the addition of chemical substances, or converting the tomato product into juices, sauces, or purees. Further, imports of fresh tomatoes for processing must be accompanied by an “Importer's Exempt Commodity Form” (SC-6) (within the meaning of 7 CFR 980.501(a)(2) and 980.212(i)) and must be accompanied by the “Processing Tomatoes Certification Form.” Fresh tomatoes that are imported for cutting up, not further processing (
                        <E T="03">e.g.,</E>
                         tomatoes used in the preparation of fresh salsa or salad bars) are covered by the 
                        <E T="03">Order,</E>
                         whether or not accompanied by an SC-6 form.
                    </P>
                    <P>
                        Commercially grown tomatoes, both for the fresh market and for processing, are classified as Lycopersicon esculentum. Important commercial varieties of fresh tomatoes include common round, cherry, grape, plum, greenhouse, and pear tomatoes, all of which are covered by the 
                        <E T="03">Order.</E>
                    </P>
                    <P>
                        Tomatoes imported from Mexico covered by the 
                        <E T="03">Order</E>
                         are classified under the following subheading of the Harmonized Tariff Schedule of the United States (HTSUS), according to the season of importation: 0702. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of the 
                        <E T="03">Order</E>
                         is dispositive.
                    </P>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03195 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[C-122-874]</DEPDOC>
                <SUBJECT>Fresh Mushrooms From Canada: Postponement of Preliminary Determination in the Countervailing Duty Investigation</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Gene H. Calvert, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3586.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On January 2, 2026, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of fresh mushrooms from Canada.
                    <SU>1</SU>
                    <FTREF/>
                     Currently, the preliminary determination is due no later than March 9, 2026.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Fresh Mushrooms from Canada: Initiation of Countervailing Duty Investigation,</E>
                         91 FR 668 (January 8, 2026).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Because the actual deadline for the preliminary determination falls on a weekend (
                        <E T="03">i.e.,</E>
                         Sunday, March 8, 2026), the deadline becomes the next business day (
                        <E T="03">i.e.,</E>
                         Monday, March 9, 2026). 
                        <E T="03">See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended,</E>
                         70 FR 24533 (May 10, 2005).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Postponement of Preliminary Determination</HD>
                <P>
                    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination in a CVD investigation until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and 
                    <PRTPAGE P="7441"/>
                    must state the reasons for the request. Commerce will grant the request unless it finds completing reasons to deny the request.
                </P>
                <P>
                    On February 10, 2026, the Fresh Mushrooms Fair Trade Coalition and its individual members (
                    <E T="03">i.e.,</E>
                     the petitioners) timely requested that Commerce postpone the preliminary CVD determination.
                    <SU>3</SU>
                    <FTREF/>
                     The petitioners stated a postponement is warranted to provide Commerce with additional time to review and to analyze the questionnaire responses submitted by the Government of Canada and by the respondents, and to issue supplemental questionnaires.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Petitioners' Letter, “Petitioners' Request for Postponement of Preliminary Determination,” dated February 10, 2026.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In accordance with 19 CFR 351.205(e), the petitioners have timely stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny this request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, 
                    <E T="03">i.e.,</E>
                     May 12, 2026.
                </P>
                <P>Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this CVD investigation will continue to be 75 days after the date of the preliminary determination.</P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1).</P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03194 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-549-502]</DEPDOC>
                <SUBJECT>Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        On February 4, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in 
                        <E T="03">Saha Thai Steel Pipe Public Company Limited</E>
                         v. 
                        <E T="03">United States,</E>
                         Court No. 21-00049, sustaining the Department of Commerce (Commerce)'s first remand results pertaining to the administrative review of the antidumping duty (AD) order on circular welded carbon steel pipes and tubes from Thailand covering the period March 1, 2018, through February 28, 2019. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Saha Thai Steel Pipe Public Company Limited (Saha Thai).
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable February 14, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Thomas Cloyd, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1246.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On January 27, 2021, Commerce published in the 
                    <E T="04">Federal Register</E>
                     the 
                    <E T="03">Final Results</E>
                     of the 2018-2019 AD administrative review of circular welded carbon steel pipes and tubes from Thailand.
                    <SU>1</SU>
                    <FTREF/>
                     Commerce found that Saha Thai did not provide requested information with respect to a substantial portion of its U.S. sales and failed to act to the best of its ability.
                    <SU>2</SU>
                    <FTREF/>
                     As a result, Commerce reached its final determination based on facts otherwise available, including the application of adverse inferences.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments, In Part; 2018-2019,</E>
                         86 FR 7259 (January 29, 2021) (
                        <E T="03">Final Results</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    Saha Thai appealed Commerce's 
                    <E T="03">Final Results.</E>
                     On December 2, 2022, the CIT remanded the 
                    <E T="03">Final Results</E>
                     to Commerce, holding that Commerce had failed to provide notice and an opportunity to remedy as required by law and that it had failed to explain adequately in the record the reason that it chose to draw and adverse inference.
                    <SU>4</SU>
                    <FTREF/>
                     The CIT found that Commerce's decision was not supported by substantial evidence or in accordance with the law and remanded the issue to Commerce for further proceedings.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See Saha Thai Steel Pipe Public Co., Ltd.,</E>
                         v. 
                        <E T="03">United States,</E>
                         605 F. Supp. 3d 1348 (CIT 2022) (
                        <E T="03">Remand Order</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In its final remand redetermination, issued in July 2025, Commerce reopened the record of the administrative review, solicited a full revised questionnaire response from Saha Thai, and recalculated Saha Thai's weighted-average dumping margin by including all sales of dual-stenciled pipe.
                    <SU>6</SU>
                    <FTREF/>
                     Commerce also analyzed a particular market situation (PMS) in its final remand redetermination, finding that the nature of Saha Thai's costs of producing subject merchandise was outside the ordinary course and trade and indicated an extraordinary circumstance that warrants a PMS adjustment.
                    <SU>7</SU>
                    <FTREF/>
                     The CIT sustained Commerce's final remand redetermination.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See Final Results of Redetermination Pursuant to Court Remand, Saha Thai Steel Pipe Public Co., Ltd.,</E>
                         v. 
                        <E T="03">United States,</E>
                         605 F. Supp. 3d 1348 (CIT 2022), dated July 31, 2025 (
                        <E T="03">Final Remand</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See Final Remand.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See Saha Thai Steel Pipe Public Company Limited</E>
                         v. 
                        <E T="03">United States,</E>
                         Ct. No. 21-00049, Slip Op. 26-9 (CIT February 4, 2026).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Timken Notice</HD>
                <P>
                    In its decision in 
                    <E T="03">Timken,</E>
                    <SU>9</SU>
                    <FTREF/>
                     as clarified by 
                    <E T="03">Diamond Sawblades,</E>
                    <SU>10</SU>
                    <FTREF/>
                     the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's February 4, 2026, judgment constitutes a final decision of the CIT that is not in harmony with Commerce's 
                    <E T="03">Final Results.</E>
                     Thus, this notice is published in fulfillment of the publication requirements of 
                    <E T="03">Timken.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See Timken Co.</E>
                         v. 
                        <E T="03">United States,</E>
                         893 F.2d 337 (Fed. Cir. 1990) (
                        <E T="03">Timken</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See Diamond Sawblades Manufacturers Coalition</E>
                         v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (
                        <E T="03">Diamond</E>
                         Sawblades).
                    </P>
                </FTNT>
                <PRTPAGE P="7442"/>
                <HD SOURCE="HD1">Amended Final Results</HD>
                <P>
                    Because there is now a final court judgment, Commerce is amending its 
                    <E T="03">Final Results</E>
                     with respect to Saha Thai as follows:
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s50,9C">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exporter/producer</CHED>
                        <CHED H="1">
                            Remand
                            <LI>weighted-</LI>
                            <LI>average</LI>
                            <LI>dumping</LI>
                            <LI>margin</LI>
                            <LI>(percent)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Saha Thai Steel Pipe Public Co., Ltd</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    Because Saha Thai has a superseding cash deposit rate, 
                    <E T="03">i.e.,</E>
                     there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate.
                </P>
                <HD SOURCE="HD1">Liquidation of Suspended Entries</HD>
                <P>
                    At this time, Commerce remains enjoined by CIT order from liquidating entries that were: (1) produced and exported by Saha Thai Steel Pipe Public Company Limited; (2) the subject of Commerce's 
                    <E T="03">Final Results;</E>
                     and (3) entered, or withdrawn from warehouse, for consumption, during the period March 1, 2018, through February 28, 2019. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process.
                </P>
                <P>
                    In the event the CIT's ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise (1) produced and exported by Saha Thai Steel Pipe Public Company Limited; (2) the subject of Commerce's 
                    <E T="03">Final Results;</E>
                     and (3) entered, or withdrawn from warehouse, for consumption, during the period March 1, 2018, through February 28, 2019, in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific 
                    <E T="03">ad valorem</E>
                     assessment rate is not zero or 
                    <E T="03">de minimis.</E>
                     Where an import-specific 
                    <E T="03">ad valorem</E>
                     assessment rate is zero or 
                    <E T="03">de minimis,</E>
                    <SU>11</SU>
                    <FTREF/>
                     we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.106(c)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act.</P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03193 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-533-810]</DEPDOC>
                <SUBJECT>Stainless Steel Bar From India: Final Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) determines that certain producers/exporters of stainless steel bar (SS Bar) from India made sales at prices below normal value during the period of review (POR), February 1, 2023, through January 31, 2024.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Hermes Pinilla, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3477.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On June 11, 2025, Commerce published in the 
                    <E T="04">Federal Register</E>
                     the 
                    <E T="03">Preliminary Results</E>
                     of the 2023-2024 administrative review of the antidumping duty (AD) order on SS Bar from India.
                    <SU>1</SU>
                    <FTREF/>
                     On August 5, 2025, we issued the Post-Preliminary Results of this administrative review.
                    <SU>2</SU>
                    <FTREF/>
                     On August 6, 2025, we invited interested parties to comment on the 
                    <E T="03">Preliminary Results</E>
                     and on the Post-Preliminary Results, in which Commerce revised the differential pricing methodology.
                    <SU>3</SU>
                    <FTREF/>
                     On September 18, 2025, we extended the deadline for issuing the final results of administrative review by 57 days to December 5, 2025.
                    <SU>4</SU>
                    <FTREF/>
                     Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days.
                    <SU>5</SU>
                    <FTREF/>
                     Additionally, due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.
                    <SU>6</SU>
                    <FTREF/>
                     Accordingly, the deadline for these final results is now February 11, 2026.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Stainless Steel Bar from India: Preliminary Results and Intent to Rescind, In Part, of Antidumping Duty Administrative Review; 2023-2024,</E>
                         90 FR 24566 (June 11, 2025) (
                        <E T="03">Preliminary Results</E>
                        ), and accompanying Preliminary Decision Memorandum (PDM).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Post-Preliminary Analysis for the Administrative Review of the Antidumping Duty Order on Stainless Steel Bar from India,” dated August 5, 2025 (Post-Preliminary Results).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Deadlines for Case and Rebuttal Briefs,” dated August 6, 2025; 
                        <E T="03">see also</E>
                         Memorandum, “Extension of Deadlines for Case and Rebuttal Briefs,” dated August 11, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2023-2024,” dated September 18, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.
                    </P>
                </FTNT>
                <P>
                    For a complete description of the events that occurred since the 
                    <E T="03">Preliminary Results, see</E>
                     the Issues and Decision Memorandum.
                    <SU>7</SU>
                    <FTREF/>
                     Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Stainless Steel Bar from India; 2023-2024,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">
                    Scope of the Order 
                    <E T="51">8</E>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See Antidumping Duty Orders: Stainless Steel Bar from Brazil, India and Japan,</E>
                         60 FR 9661 (February 21, 1995) (
                        <E T="03">Orders</E>
                        ).
                    </P>
                </FTNT>
                <P>
                    The products covered by the 
                    <E T="03">Order</E>
                     are SS Bar from India. A full description of the scope of the 
                    <E T="03">Order</E>
                     is contained in the Issues and Decision Memorandum.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Issues and Decision Memorandum.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Analysis of Comments Received</HD>
                <P>
                    All issues raised in the case and rebuttal briefs filed by parties in this review are listed in the appendix to this notice and addressed in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via ACCESS. ACCESS is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Issues and Decision Memorandum can be accessed at 
                    <PRTPAGE P="7443"/>
                    <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E>
                </P>
                <HD SOURCE="HD1">Changes Since the Preliminary Results and Post-Preliminary Results</HD>
                <P>
                    Commerce evaluated the comments in the case and rebuttal briefs and made no changes from the 
                    <E T="03">Preliminary Results</E>
                     or Post-Preliminary Results. For a more detailed discussion of the issues raised by parties, 
                    <E T="03">see</E>
                     the Issues and Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Rescission of Administrative Review, in Part</HD>
                <P>
                    As explained in the 
                    <E T="03">Preliminary Results,</E>
                     Commerce received a request for review of Bhansali Bright Bars (Bhansali) and Chandan Steels Limited (Chandan).
                    <SU>10</SU>
                    <FTREF/>
                     On April 22, 2024, Commerce placed U.S. Customs and Border Protection (CBP) entry data for U.S. imports of subject merchandise during the POR on the record for respondent selection purposes, which reflected no entries from Bhansali and Chandan.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Antidumping Duty Administrative Review of Stainless Steel Bar from India: Respondent Selection,” dated May 17,2024.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “U.S. Customs and Border Protection (CBP) Data Release,” dated April 22, 2024.
                    </P>
                </FTNT>
                <P>
                    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of an AD order where it determines that there were no suspended entries of subject merchandise during the POR. Normally, upon completion of an administrative review, the suspended entries are liquidated at the AD assessment rate for the review period.
                    <SU>12</SU>
                    <FTREF/>
                     Therefore, for an administrative review to be conducted, there must be a suspended entry that Commerce can instruct CBP to liquidate at the calculated AD assessment rate for the review period.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See, e.g., Certain Carbon and Alloy Steel Cut-to-Length Plate from the Federal Republic of Germany: Rescission of Antidumping Administrative Review; 2020-2021,</E>
                         88 FR 4157 (January 24, 2023).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See, e.g., Shanghai Sunbeauty Trading Co.</E>
                         v. 
                        <E T="03">United States,</E>
                         380 F. Supp. 3d 1328, 1335-36 (CIT 2019) (referring to section 741(a) of the Act, the U.S. Court of International Trade (CIT) held that: “While the statute does not explicitly require that an entry be suspended as a prerequisite for establishing entitlement to a review, it does explicitly state the determined rate will be used as the liquidated rate for the review entries. This result can only obtain if the liquidation of entries has been suspended”); 
                        <E T="03">see also Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review And Final Determination of No Shipments; 2018-2019,</E>
                         86 FR 36102 (July 8, 2021), and accompanying Issues and Decision Memorandum at Comment 4; and 
                        <E T="03">Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation: Notice of Rescission of Antidumping Duty Administrative Review,</E>
                         77 FR 65532 (October 29, 2012) (noting that “for an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate”).
                    </P>
                </FTNT>
                <P>
                    We provided interested parties with an opportunity to submit comments on our intent to rescind, in part, the administrative review concerning Bhansali and Chandan.
                    <SU>14</SU>
                    <FTREF/>
                     We did not receive any comments from interested parties concerning our intent to rescind, in part, the administrative review concerning Bhansali and Chandan. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we are rescinding this administrative review for Bhansali and Chandan, in accordance with 19 CFR 351.213(d)(3).
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See Preliminary Results</E>
                         PDM at 4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Rate for Non-Examined Companies</HD>
                <P>
                    The statute and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or 
                    <E T="03">de minimis</E>
                     margins, and any margins determined entirely on the basis of facts available. Where the rates for individually investigated companies are all zero or 
                    <E T="03">de minimis,</E>
                     or determined entirely using facts otherwise available, section 735(c)(5)(B) of the Act instructs Commerce to rely on “any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted-average dumping margins determined for exporters and producers individually investigated.”
                </P>
                <P>
                    In this review, for the final results, Commerce determined to apply adverse facts available (AFA) to Atlas Stainless Corporation Private Limited (Atlas), pursuant to section 776 of the Act, and assigned it a 30.92 percent dumping margin, and calculated an estimated weighted-average dumping margin for Aamor Inox Limited (Aamor) of 0.00 percent. Thus, for the final results, we applied to the non-examined companies, Ambica Steels Limited, Laxcon Steels Limited and its affiliates, Ocean Steels Private Limited, Metlax International Private Limited, Parvati Private Limited, Mega Steels Private Limited, and Meltroll Engineering Pvt. Ltd., the rate of 15.46 percent, which is the simple average of the rate we calculated for Aamor and the dumping margin we have assigned to Atlas, determined entirely under section 776 of the Act.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See Baroque Timber Indus. (Zhonghan) Co.</E>
                         v. 
                        <E T="03">United States,</E>
                         971 F. Supp. 2d 1333, 1341 (CIT 2014) (“it is not 
                        <E T="03">per se</E>
                         unreasonable for Commerce to use a simple average of zero and AFA rates to calculate the separate rate”); 
                        <E T="03">see also Solianus, Inc.</E>
                         v. 
                        <E T="03">United States,</E>
                         391 F. Supp. 3d 1331, 1339 (CIT 2019).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Final Results of Review</HD>
                <P>
                    We determine that the following weighted-average dumping margins exist for the period February 1, 2023, through January 31, 2024:
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         Record information indicates that Astrabright LLP., and Astrabite LLP., are the same company and therefore, we are assigning the same rate to Astrabright LLP., and Astrabite LLP. For further details, 
                        <E T="03">see</E>
                         Issues and Decision Memorandum at Comment 2.
                    </P>
                    <P>
                        <SU>17</SU>
                         Collectively, these companies are known as Laxcon.
                    </P>
                </FTNT>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s150,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Producer/exporter</CHED>
                        <CHED H="1">
                            Weighted-average
                            <LI>dumping margin</LI>
                            <LI>(percent)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Aamor Inox Limited</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">
                            Atlas Stainless Corporation Private Limited, Astrabright LLP., Astrabite LLP.,
                            <SU>16</SU>
                             Bahubali Steel Industries, Eurostahl Tech LLP, Venus Metal Corporation, Venus Wire Industries Pvt. Ltd., Precision Metals, Hindustan Inox Ltd., and Sieves Manufacturers (India) Pvt. Ltd
                        </ENT>
                        <ENT>* 30.92</ENT>
                    </ROW>
                    <ROW EXPSTB="01" RUL="s">
                        <ENT I="21">
                            <E T="02">Review-Specific Rates for Non-Examined Companies</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Ambica Steels Limited</ENT>
                        <ENT>15.46</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="7444"/>
                        <ENT I="01">
                            Laxcon Steels Limited, and its affiliates, Ocean Steels Private Limited, Metlax International Private Limited, Parvati Private Limited, and Mega Steels Private Limited 
                            <SU>17</SU>
                        </ENT>
                        <ENT>15.46</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Meltroll Engineering Pvt. Ltd</ENT>
                        <ENT>15.46</ENT>
                    </ROW>
                    <TNOTE>* This rate is based on facts available with adverse inferences.</TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD1">Disclosure</HD>
                <P>
                    Normally, Commerce will disclose the calculations performed in connection with the final results to parties in the proceeding within five days of the date of public announcement or, if there is no public announcement, within five days of the date of publication of the final results in the 
                    <E T="04">Federal Register</E>
                    , in accordance with 19 CFR 351.224(b). However, because we have made no changes to the Post-Preliminary Results, regarding our margin calculation for Aamor, there are no new calculations to disclose.
                </P>
                <HD SOURCE="HD1">Assessment Rates</HD>
                <P>
                    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For any individually examined respondents whose weighted-average dumping margin is above 
                    <E T="03">de minimis,</E>
                     we calculated importer-specific 
                    <E T="03">ad valorem</E>
                     duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer, and we will instruct CBP to assess antidumping duties on all appropriate entries covered by this. Where either the respondent's weighted-average dumping margin is zero or 
                    <E T="03">de minimis</E>
                     within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or 
                    <E T="03">de minimis,</E>
                     we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
                </P>
                <P>
                    Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the 
                    <E T="04">Federal Register</E>
                    . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review in the 
                    <E T="04">Federal Register</E>
                    , as provided for by section 751(a)(2) of the Act: (1) the cash deposit rate for companies subject to this review will be the rates established in these final results of the review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer is, then the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 12.45 percent,
                    <SU>18</SU>
                    <FTREF/>
                     the all-others rate established in the investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See Order</E>
                         at 66921.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Notification to Importers</HD>
                <P>This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties.</P>
                <HD SOURCE="HD1">Notification Regarding Administrative Protective Order (APO)</HD>
                <P>This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.</P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).</P>
                <SIG>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Appendix</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">List of Topics Discussed in the Issues and Decision Memorandum</HD>
                    <FP SOURCE="FP-2">I. Summary</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">
                        III. Scope of the 
                        <E T="03">Order</E>
                    </FP>
                    <FP SOURCE="FP-2">
                        IV. Changes From the 
                        <E T="03">Preliminary Results</E>
                         and Post-Preliminary Results
                    </FP>
                    <FP SOURCE="FP-2">V. Discussion of the Issues</FP>
                    <FP SOURCE="FP1-2">Comment 1: Whether to Rescind the Review of Chandan Steels Limited (Chandan)</FP>
                    <FP SOURCE="FP1-2">Comment 2: Whether to Assign Astrabite LLP the Same Rate as Astrabright LLP</FP>
                    <FP SOURCE="FP1-2">Comment 3: Whether to Find Atlas to be Affiliated with Hindustan Inox Limited (Hindustan) and Sieves Manufactures (India) Private Limited (Sieves)</FP>
                    <FP SOURCE="FP1-2">Comment 4: Whether to Collapse Atlas with Hindustan and Sieves</FP>
                    <FP SOURCE="FP1-2">Comment 5: Whether to Apply Total Adverse Facts Available (AFA) to Atlas</FP>
                    <FP SOURCE="FP1-2">Comment 6: Whether to Apply Commerce's New Differential Pricing Methodology</FP>
                    <FP SOURCE="FP1-2">Comment 7: Whether to Calculate the Non-Selected Respondents' Rate Based on the Mandatory Respondents' Rates</FP>
                    <FP SOURCE="FP-2">VI. Recommendation</FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03103 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7445"/>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-403-808, A-351-866]</DEPDOC>
                <SUBJECT>High Purity Dissolving Pulp From Brazil and Norway: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Ian Riggs at (202) 482-3810 (Brazil); or Braeden Lowe at (202) 482-9124 (Norway), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On September 2, 2025, the U.S. Department of Commerce (Commerce) initiated less-than-fair-value (LTFV) investigations of imports of high purity dissolving pulp from Brazil and Norway.
                    <SU>1</SU>
                    <FTREF/>
                     Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days.
                    <SU>2</SU>
                    <FTREF/>
                     Additionally, due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.
                    <SU>3</SU>
                    <FTREF/>
                     Currently, the preliminary determinations are due no later than March 30, 2026.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See High Purity Dissolving Pulp from Brazil and Norway: Initiation of Less-Than-Fair-Value Investigations,</E>
                         90 FR 43168 (September 8, 2025) (
                        <E T="03">Initiation Notice</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Postponement of Preliminary Determinations</HD>
                <P>Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request.</P>
                <P>
                    On January 20, 2026, the petitioners submitted a timely request that Commerce postpone the preliminary determinations in these LTFV investigations.
                    <SU>4</SU>
                    <FTREF/>
                     The petitioners stated that they request postponement “given the size and complexity of the investigations, the extensions of time {Commerce} has already granted to respondents, and the fact that in the Norway investigation {Commerce} has yet to select a comparison country market.” 
                    <SU>5</SU>
                     Additionally, the petitioners stated that an extension of time will allow the petitioners “adequate time to comment on responses and will allow {Commerce} adequate time to issue supplemental questionnaires and to conduct thorough analyses of all issues identified.” 
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The petitioners are Rayonier Advanced Materials, Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO. 
                        <E T="03">See</E>
                         Petitioners' Letter, “Petitioners' Request to Fully Extend the Preliminary Determinations for Antidumping Duty Investigations,” dated January 20, 2026.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    For the reasons stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days.
                    <SU>7</SU>
                    <FTREF/>
                     As a result, Commerce will issue its preliminary determinations no later than May 18, 2026. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Commerce is extending the time period for the preliminary determinations to 190 days after the initiation date of this investigation (
                        <E T="03">i.e.,</E>
                         September 2, 2025). However, because Commerce tolled certain deadlines in this investigation as a result of the Federal Government shutdown, the deadline is now May 18, 2026.
                    </P>
                </FTNT>
                <P>This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).</P>
                <SIG>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03196 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XF511]</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's (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) will hold an online public meeting.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The online meeting will be held Tuesday, March 3, 2026, from 1 p.m. to 2 p.m. Pacific Standard Time or until business for the day has been 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. Hayden York (
                        <E T="03">Hayden.York@pcouncil.org</E>
                        ) or contact him at (503) 820-2424 for technical assistance.
                    </P>
                    <P>
                        <E T="03">Council address:</E>
                         Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, Oregon 97220-1384.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Katrina Bernaus, Staff Officer, Pacific Council; telephone: (503) 820-2420.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The primary purpose of this online meeting is a work session of the CPSMT to discuss matters related to the management cycle of the central subpopulation of northern anchovy and the Pacific Council's future meeting agenda and workload planning. No management actions will be decided by the CPSMT. CPSMT recommendations will be considered by the Pacific Council at the March 2026 Pacific 
                    <PRTPAGE P="7446"/>
                    Council meeting. The meeting agenda will be available on the Pacific Council's website in advance of 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. Hayden York (
                    <E T="03">Hayden.York@pcouncil.org;</E>
                     (503) 820-2424) at least 10 days prior to the meeting date.
                </P>
                <EXTRACT>
                    <FP>
                        (Authority: 16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                        )
                    </FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Becky J. Curtis,</NAME>
                    <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03166 Filed 2-17-26; 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-XF540]</DEPDOC>
                <SUBJECT>South Atlantic 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>Meeting of the South Atlantic Fishery Management Council.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Snapper Grouper Commercial Sub-Committee; Snapper Grouper Committee, and Southeast Data Assessment and Review (SEDAR) Committee. The meeting week will also include a formal public comment session and meetings of the Full Council.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Council meeting will be held from 2 p.m. on Monday, March 2, 2026, until 12 p.m. on Friday, March 6, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Meeting address:</E>
                         The meeting will be held at the Villas by the Sea Resort, 1175 N Beachview Drive, Jekyll Island, GA 31527; phone (912) 635-2521. The meeting will also be available via webinar. See 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Myra Brouwer, Deputy Director for Management, SAFMC; phone (843) 302-8436 or toll free (866) SAFMC-10; FAX (843) 769-4520; email: 
                        <E T="03">myra.brouwer@safmc.net.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Meeting information, including agendas, overviews, and briefing book materials will be posted on the Council's website at: 
                    <E T="03">https://safmc.net/council-meetings/.</E>
                     Webinar registration links for the meeting will also be available from the Council's website.
                </P>
                <P>
                    <E T="03">Public comment:</E>
                     Public comment on agenda items may be submitted through the Council's online comment form available from the Council's website at: 
                    <E T="03">https://safmc.net/events/march-2026-council-meeting/.</E>
                     Written comments will be accepted from February 13, 2026, until March 6, 2026. These comments are accessible to the public, part of the Administrative Record of the meeting, and immediately available for Council consideration. A formal public comment session will also be held during the Council meeting.
                </P>
                <P>The items of discussion in the individual meeting agendas are as follows:</P>
                <HD SOURCE="HD1">Snapper Grouper Commercial Sub-Committee, Monday, March 2, 2026, 2 p.m. Until 5 p.m.</HD>
                <P>The Snapper Grouper Commercial Sub-Committee will continue reviewing management measures proposed in Amendment 60 to the Snapper Grouper Fishery Management Plan to address permits and trip efficiency in the commercial fishery. The Sub-Committee will also receive feedback from the Law Enforcement Advisory Panel regarding the proposed measures.</P>
                <HD SOURCE="HD1">Council Session I, Tuesday, March 3, 2026, 8:30 a.m. Until 3 p.m.</HD>
                <P>The Council will receive a litigation brief and reports from state agencies, Council liaisons, the Law Enforcement Advisory Panel, Resilient Fisheries projects, the Habitat and Ecosystem Advisory Panel, Lines of Communications meetings, and the Shrimp Workgroup. The Council will also receive briefings from the National Marine Fisheries Service Southeast Regional Office and the Southeast Fisheries Science Center (SEFSC). The Council will receive a presentation on NOAA fisheries progress towards a value/risk matrix for managed stocks and review a draft comment letter on the proposed rule for commercial Atlantic Blacknose Shark and recreational Atlantic shark fisheries.</P>
                <HD SOURCE="HD1">Snapper Grouper Committee, Tuesday, March 3, 2026, 3:15 p.m. Until 5 p.m., Wednesday, March 4, 2026, 8:30 a.m. Until 3:45 p.m., and Thursday, March 5, 2026, 8:30 a.m. Until 12 p.m.</HD>
                <P>The Committee will receive updates from the National Marine Fisheries Service on amendments undergoing rulemaking, any new Exempted Fishing Permit (EFP) applications, and the EFPs that were submitted in November 2025 by the South Atlantic states to pilot state management of the recreational Red Snapper fishery in the South Atlantic.</P>
                <P>The Committee will review the report from the Commercial Sub-Committee meeting held earlier in the week. The Committee will discuss an amendment to address sunsetting of Spawning Special Management Zones and consider feedback from the Law Enforcement Advisory Panel on enforcement and compliance with the closed areas. The Committee will review information on potential changes to regulations for South Atlantic headboats and consider feedback on this topic from the Law Enforcement Advisory Panel. The Committee will also review sector allocations for Vermilion Snapper and Red Grouper.</P>
                <P>The Committee will continue discussion of Amendment 61 to the Snapper Grouper Fishery Management Plan to evaluate the composition of the Snapper Grouper Fishery Management Unit and consider feedback from the Law Enforcement Advisory Panel. The Committee will receive an update on the status of needed information to continue developing Amendment 56 addressing Black Sea Bass and review progress on Amendment 44 to the Snapper Grouper Fishery Management Plan addressing catch levels for Yellowtail Snapper and Mutton Snapper. The Committee is scheduled to finalize an Innovation Plan for the Snapper Grouper Fishery and review topics for the spring meeting of the Snapper Grouper Advisory Panel.</P>
                <P>
                    <E T="03">Wednesday, March 4, 2026, 4 p.m.</E>
                    —Public comment will be accepted from individuals attending the meeting in person and via webinar on all items on the Council meeting agenda. The Council Chair will determine the amount of time provided to each commenter based on the number of individuals wishing to comment.
                </P>
                <HD SOURCE="HD1">SEDAR Committee, March 5, 2026, 1:30 p.m. Until 3:30 p.m.</HD>
                <P>
                    The Committee will receive a report from the SEDAR Steering Committee and discuss SEDAR process updates. 
                    <PRTPAGE P="7447"/>
                    The Committee will review statements of work and terms of reference for upcoming assessments and discuss the Committee's scope and name change.
                </P>
                <HD SOURCE="HD1">Council Session II, Thursday, March 5, 3:45 p.m. Until 5 p.m. and Friday, March 6, 2026, 8:30 a.m. Until 12 p.m.</HD>
                <P>The Council will receive an update on progress on the Dolphin Management Strategy Evaluation from the SEFSC and review the Council's response to Executive Order 14276 in 2025. The Council will review its workplan, topics for the spring meeting of the Outreach and Communication Advisory Panel, and upcoming meetings for the year. The Council will review reports from the committees that met during the week and discuss any other business as needed.</P>
                <P>
                    Documents regarding these issues are available from the Council office (see 
                    <E T="02">ADDRESSES</E>
                    ).
                </P>
                <P>Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.</P>
                <HD SOURCE="HD2">Special Accommodations</HD>
                <P>
                    These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the council office (see 
                    <E T="02">ADDRESSES</E>
                    ) 5 days prior to the meeting.
                </P>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P>The times and sequence specified in this agenda are subject to change.</P>
                </NOTE>
                <EXTRACT>
                    <FP>
                        (Authority: 16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                        )
                    </FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>Becky J. Curtis,</NAME>
                    <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03167 Filed 2-17-26; 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-XF514]</DEPDOC>
                <SUBJECT>Marine Mammals and Endangered Species</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 permits, permit amendments, and permit modifications.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given that permits, permit amendments, and permit modifications have been issued under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.</P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The permits and related documents are available for review upon written request via email to 
                        <E T="03">NMFS.Pr1Comments@noaa.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Courtney Smith, Ph.D. (File No. 26599), Sara Young (File No. 28810), Erin Markin, Ph.D. (File No. 29010), and Shasta McClenahan, Ph.D. (File No. 29182); at (301) 427-8401.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The requested permits have been issued under the MMPA of 1972, as amended (16 U.S.C. 1361 
                    <E T="03">et seq.</E>
                    ), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the ESA of 1973, as amended (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226), as applicable. Notices were published in the 
                    <E T="04">Federal Register</E>
                     on the dates listed below that requests had been submitted. To locate the 
                    <E T="04">Federal Register</E>
                     notice that announced our receipt of the application and a complete description of the activities, go to 
                    <E T="03">https://www.federalregister.gov</E>
                     and search for the file number provided in table 1 below.
                </P>
                <GPOTABLE COLS="6" OPTS="L2,nj,i1" CDEF="xs48,12,r30,r75,r50,r50">
                    <TTITLE>Table 1—Issued Permits, Permit Amendments, and Permit Modifications</TTITLE>
                    <BOXHD>
                        <CHED H="1">File No.</CHED>
                        <CHED H="1">
                            Version
                            <LI>No.</LI>
                        </CHED>
                        <CHED H="1">RTID</CHED>
                        <CHED H="1">Applicant</CHED>
                        <CHED H="1">
                            Previous 
                            <E T="02">Federal Register</E>
                             notice
                        </CHED>
                        <CHED H="1">Issuance date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">26599</ENT>
                        <ENT>01</ENT>
                        <ENT>0648-XC426</ENT>
                        <ENT>Florian Graner, Ph.D., Sea-Life Productions, 4021 Beach Drive, Freeland, WA 98249</ENT>
                        <ENT>87 FR 65040, October 27, 2022</ENT>
                        <ENT>December 9, 2025.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">28810</ENT>
                        <ENT>N/A</ENT>
                        <ENT>0648-XE875</ENT>
                        <ENT>NMFS Marine Mammal Laboratory, 7600 Sand Point Way NE, Seattle, WA 98115 (Responsible Party: Nancy Friday)</ENT>
                        <ENT>90 FR 35284, July 25, 2025</ENT>
                        <ENT>January 9, 2026.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">29010</ENT>
                        <ENT>01</ENT>
                        <ENT>0648-XF251</ENT>
                        <ENT>Caribbean Oceanic Restoration and Education Foundation, 2608 Fish Bay, St. John, VI 00830 (Responsible Party: Rebecca Gibbel, DVM)</ENT>
                        <ENT>90 FR 52357, November 20, 2025</ENT>
                        <ENT>January 22, 2026.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">29182</ENT>
                        <ENT>N/A</ENT>
                        <ENT>0648-XF380</ENT>
                        <ENT>Shayna Orens, Cornell University, 235 Hungerford Hill Rd., Ithaca, NY 14850</ENT>
                        <ENT>90 FR 57952, December 15, 2025</ENT>
                        <ENT>January 23, 2026.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ), a final determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.
                </P>
                <P>As required by the ESA, as applicable, issuance of these permits was based on a finding that such permits: (1) were applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) are consistent with the purposes and policies set forth in section 2 of the ESA.</P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</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. 2026-03186 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7448"/>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XR133; Docket No. 260209-0041]</DEPDOC>
                <SUBJECT>Endangered and Threatened Wildlife; 90-Day Finding on Petitions To List the Atlantic Horseshoe Crab (Limulus Polyphemus) Under the Endangered Species Act</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; 90-day finding.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        NMFS announces our 90-day finding on two petitions to list the Atlantic (or American) horseshoe crab (
                        <E T="03">Limulus polyphemus</E>
                        ) under the Endangered Species Act (ESA) and to designate critical habitat. We find that the petitions do not present substantial scientific or commercial information indicating that the petitioned actions may be warranted.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This finding was made on February 18, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Copies of the petitions and related materials are available from the NMFS website at 
                        <E T="03">https://www.fisheries.noaa.gov/national/endangered-species-conservation/negative-90-day-findings.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Danielle Palmer, NMFS Greater Atlantic Regional Fisheries Office, Protected Resources Division, (978) 282-8468, 
                        <E T="03">danielle.palmer@noaa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    We received petitions on December 21, 2023, from the Friends of Animals and on February 27, 2024, from the Center for Biological Diversity to list the Atlantic (or American) horseshoe crab (
                    <E T="03">Limulus polyphemus</E>
                    ) as an endangered or threatened species and to designate critical habitat for this species under the ESA. Both petitions identify four of the five ESA 4(a)(1) factors as threatening the continued existence of this species: (1) the present or threatened destruction, modification, or curtailment of its habitat or range; (2) overutilization for commercial, recreational, scientific or educational purposes; (3) the inadequacy of existing regulatory mechanisms; and (4) other natural or manmade factors affecting its continued existence. The petitions are available online (see 
                    <E T="02">ADDRESSES</E>
                    ).
                </P>
                <HD SOURCE="HD1">ESA Statutory, Regulatory, and Policy Provisions and Evaluation Framework</HD>
                <P>
                    Section 4(b)(3)(A) of the ESA of 1973, as amended (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ), requires, to the maximum extent practicable, that within 90 days of receipt of a petition to list a species as threatened or endangered, the Secretary of Commerce shall make a finding on whether that petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, and promptly publish such finding in the 
                    <E T="04">Federal Register</E>
                     (16 U.S.C. 1533(b)(3)(A)). When we find that substantial scientific or commercial information in a petition indicates the petitioned action may be warranted (a “positive 90-day finding”), we are required to promptly commence a review of the status of the species concerned, during which we will conduct a comprehensive review of the best available scientific and commercial data. In such cases, within 12 months of receipt of the petition, we conclude the review with a finding as to whether, in fact, the petitioned action is warranted. Because the finding at the 12-month stage is based on a more thorough review of the best available information, as compared to the narrow scope of review at the 90-day stage, a positive 90-day finding does not prejudge the outcome of the status review.
                </P>
                <P>Under the ESA, a listing determination may address a species, which is defined to also include subspecies and, for any vertebrate species, any distinct population segment (DPS) that interbreeds when mature (16 U.S.C. 1532(16)). A joint NMFS—U.S. Fish and Wildlife Service (USFWS; jointly, “the Services”) DPS Policy clarifies the agencies' interpretation of the phrase “distinct population segment” for the purposes of listing, delisting, and reclassifying a species under the ESA (61 FR 4722, February 7, 1996). A species, subspecies, or DPS is “endangered” if it is in danger of extinction throughout all or a significant portion of its range, and “threatened” if it is likely to become endangered within the foreseeable future throughout all or a significant portion of its range (ESA sections 3(6) and 3(20), respectively, 16 U.S.C. 1532(6) and (20)). Pursuant to the ESA and our implementing regulations, we determine whether species are threatened or endangered based on any one or a combination of the following section 4(a)(1) factors: (1) the present or threatened destruction, modification, or curtailment of its habitat or range; (2) overutilization for commercial, recreational, scientific, or educational purposes; (3) disease or predation; (4) inadequacy of existing regulatory mechanisms; or (5) other natural or manmade factors affecting the species' continued existence (16 U.S.C. 1533(a)(1), 50 CFR 424.11(c)).</P>
                <P>ESA-implementing regulations issued jointly by the Services (50 CFR 424.14(h)(1)(i)) define “substantial scientific or commercial information” in the context of reviewing a petition to list, delist, or reclassify a species as “credible scientific or commercial information in support of the petition's claims such that a reasonable person conducting an impartial scientific review would conclude that the action proposed in the petition may be warranted. Conclusions drawn in the petition without the support of credible scientific or commercial information will not be considered “substantial information.” In reaching the initial (90-day) finding on the petition, we consider the information described in sections 50 CFR 424.14(c), (d), and (g) (if applicable) and may also consider information readily available at the time the determination is made (50 CFR 424.14(h)(1)(ii)).</P>
                <P>
                    Our determination as to whether the petition provides substantial scientific or commercial information indicating that the petitioned action may be warranted depends in part on the degree to which the petition includes the following types of information: (1) information on current population status and trends and estimates of current population sizes and distributions, both in captivity and the wild, if available; (2) identification of the factors under section 4(a)(1) of the ESA that may affect the species and where these factors are acting upon the species; (3) whether, and to what extent, any or all of the factors alone or in combination identified in section 4(a)(1) of the ESA may cause the species to be an endangered species or threatened species (
                    <E T="03">i.e.,</E>
                     the species is currently in danger of extinction or is likely to become so within the foreseeable future), and, if so, how high in magnitude and how imminent the threats to the species and its habitat are; (4) information on adequacy of regulatory protections and effectiveness of conservation activities by States, as well as other parties, that have been initiated or that are ongoing, that may protect the species or its habitat; and (5) a complete, balanced representation of the relevant facts, including information that may contradict claims in the petition. 
                    <E T="03">See</E>
                     50 CFR 424.14(d).
                </P>
                <P>
                    We may also consider information readily available at the time the 
                    <PRTPAGE P="7449"/>
                    determination is made (50 CFR 424.14(h)(1)(ii)). We are not required to consider any supporting materials cited by the petitioner if the petitioner does not provide electronic or hard copies, to the extent permitted by U.S. copyright law, or appropriate excerpts or quotations from those materials (
                    <E T="03">e.g.,</E>
                     publications, maps, reports, and letters from authorities). 
                    <E T="03">See</E>
                     50 CFR 424.14(c)(6) and 50 CFR 424.14(h)(1)(ii).
                </P>
                <P>At the 90-day finding stage, we do not conduct additional research, and we do not solicit information from parties outside the agency to help us in evaluating the petition. We accept the petitioner's sources and characterizations of the information presented if they appear to be based on accepted scientific principles, unless we have specific information in our files that indicates the petition's information is incorrect, unreliable, obsolete, or otherwise irrelevant to the requested action. Information that is susceptible to more than one interpretation, or that is contradicted by other available information, will not be dismissed at the 90-day finding stage, so long as it is reliable and a reasonable person conducting an impartial scientific review could conclude it supports the petitioner's assertions. In other words, conclusive information indicating the species may meet the ESA's requirements for listing is not required to make a positive 90-day finding.</P>
                <P>
                    To make a 90-day finding on a petition to list a species, we first evaluate whether the information presented in the petition indicates that the petitioned entity constitutes a species eligible for listing under the ESA. If so, we evaluate whether the petition presents substantial scientific or commercial information indicating the subject species may be either a threatened or endangered species, as defined by the ESA. This may be indicated in information expressly discussing the species' status and trends or in information describing impacts and threats to the species. We evaluate whether the petition presents any information on specific demographic factors pertinent to evaluating extinction risk for the species (
                    <E T="03">e.g.,</E>
                     population abundance and trends, productivity, spatial structure, age structure, sex ratio, diversity, current and historical range, habitat integrity, or fragmentation) and the potential contribution of identified demographic risks to extinction risk for the species. We then evaluate whether the petition presents information suggesting potential links between these demographic risks and the causative impacts and threats identified in section 4(a)(1) of the ESA.
                </P>
                <P>Information presented on impacts or threats should be specific to the species and should reasonably suggest that one or more of these factors may be operative threats that act, or have acted, on the species to the point that it may warrant protection under the ESA. Broad statements about generalized threats to the species, or identification of factors that could negatively impact a species, do not constitute substantial information indicating that listing may be warranted. We look for information indicating not only whether the particular species is exposed to a factor, but also whether the species may be responding in a negative fashion. We then assess the potential significance of any such negative response.</P>
                <P>
                    Many petitions identify risk classifications made by nongovernmental organizations, such as the International Union for Conservation of Nature (IUCN), the American Fisheries Society, or NatureServe as evidence of extinction risk for a species. Risk classifications by other organizations or made under other Federal or State statutes may be informative, but such classification alone may not provide the rationale for a positive 90-day finding under the ESA. For example, as explained by NatureServe,
                    <SU>1</SU>
                    <FTREF/>
                     their assessments of a species' conservation status do not constitute a recommendation by NatureServe for listing under the ESA because NatureServe assessments have different criteria, evidence requirements, purposes, and taxonomic coverage than government lists of endangered and threatened species, and therefore these two types of lists should not be expected to coincide. Additionally, species classifications under IUCN and the ESA are not equivalent; data standards, criteria used to evaluate species, and treatment of uncertainty are also not necessarily the same. Thus, when a petition cites such classifications, we will evaluate the source of information that the classification is based upon in light of the standards on extinction risk and impacts or threats in accordance with the ESA and our implementing regulations as discussed above.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">https://explorer.natureserve.org/AboutTheData/DataTypes/ConservationStatusCategories.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Atlantic (or American) Horseshoe Crab Species Description</HD>
                <P>
                    There are four extant species of horseshoe crabs belonging to the phylum Arthropoda and the Family Limulidae (ASMFC 1998; Smith 
                    <E T="03">et al.</E>
                     2017). The Atlantic (or American) horseshoe crab (HSC), 
                    <E T="03">Limulus polyphemus,</E>
                     is the only species of HSC that occurs along the Atlantic and Gulf of America coasts of North America. Atlantic HSCs range from Maine south to Yucatán, Mexico; however, the species has not been documented as occurring along the western and southern Gulf of America coasts from Texas to Tabasco, Mexico (ASMFC 1998, 2019; Smith 
                    <E T="03">et al.</E>
                     2017). Information cited in the petitions suggests that the portion of the range of greatest biological significance to the Atlantic HSC is located within the center of the species' range, specifically, the Mid-Atlantic's Delaware Bay. Sources (ASMFC 2022a; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017; Smith 
                    <E T="03">et al.</E>
                     2023; Smith, J.A. 
                    <E T="03">et al.</E>
                     2022) indicate that the Delaware Bay supports the largest population of Atlantic HSC. For example, Smith, J.A. 
                    <E T="03">et al.</E>
                     (2022) state that “the largest aggregation of spawning American horseshoe crabs in the world occurs in Delaware Bay.” The significance of the Delaware Bay HSC population is further evidenced by the importance of this region to the ESA-listed red knot (
                    <E T="03">Calidris canutus rufa</E>
                    ), which primarily forage on HSC eggs. Specifically, the Delaware Bay is the only area identified across the red knot's range as containing an Atlantic HSC population large enough to produce sufficient surface egg abundance needed to support the energetic requirements of migrating red knots (ASMFC 2022a; Smith 
                    <E T="03">et al.</E>
                     2017; Smith, J.A. 
                    <E T="03">et al.</E>
                     2022).
                </P>
                <P>
                    Over an individual's lifetime, Atlantic HSCs generally stay near or within their natal waters (
                    <E T="03">e.g.,</E>
                     estuaries or embayments) (ASMFC 2009, 2013, 2019; Smith 
                    <E T="03">et al.</E>
                     2009; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017; Smith, J.A. 
                    <E T="03">et al.</E>
                     2022). Numerous genetic, isotope, tagging, and behavioral studies have indicated that the Atlantic HSC can be divided into regional population units (ASMFC 2019; Gerhart 2007; King 
                    <E T="03">et al.</E>
                     2015; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017; Smith 
                    <E T="03">et al.</E>
                     2023). Specifically, based on the examination by King 
                    <E T="03">et al.</E>
                     (2015) of 13 polymorphic nuclear markers of the Atlantic HSC, at least 8 regional units were identified across the species' range: Maine (northern Maine, Hog Bay), Gulf of Maine (southern Maine to New Hampshire), Mid-Atlantic (Massachusetts to North Carolina), Southeast (South Carolina to Georgia), Florida-East (Indian River, Florida-Atlantic), Florida-South (Biscayne Bay, Florida-Atlantic), Florida-Gulf of 
                    <PRTPAGE P="7450"/>
                    America (hereafter, “Gulf”),
                    <SU>2</SU>
                    <FTREF/>
                     and Yucatán Peninsula, Mexico. Among these regional population units, King 
                    <E T="03">et al.</E>
                     (2015) found that the pair-wise genetic distance, which is a measure of the degree of genetic differentiation between two populations, was greatest between the regional units at the extremes of the species' range (
                    <E T="03">i.e.,</E>
                     northern Maine (Hog Bay) and Yucatán Peninsula, Mexico). Large degrees of genetic differentiation were also observed when either regional unit at the extremes of the species' range (
                    <E T="03">i.e.,</E>
                     northern Maine (Hog Bay) or Yucatán Peninsula, Mexico) was compared to the Gulf of Maine, Mid-Atlantic, Southeast, Florida-East, Florida-South, or Florida-Gulf regional units (King 
                    <E T="03">et al.</E>
                     2015). King 
                    <E T="03">et al.</E>
                     (2015) identified barriers to gene flow (via isolation by distance or by physical oceanographic features (
                    <E T="03">e.g.,</E>
                     currents)) as a contributing factor to the high degree of genetic differentiation detected between the populations at the extremes of the species' range and other regional population units, as well as between several isolated populations along Florida's east coast. For the remaining regional population units identified along the Atlantic and Gulf coasts, although genetic variation exists within and between regional population units, King 
                    <E T="03">et al.</E>
                     (2015) identified some degree of relatedness (or recent gene flow) among regional populations, specifically those neighboring one another. Based on these findings, King 
                    <E T="03">et al.</E>
                     (2015) concluded that gene flow occurs within each regional unit, and some low levels of gene exchange occur between neighboring regional units. Results of genetic studies, including those completed by King 
                    <E T="03">et al.</E>
                     (2015), also indicate that gene flow is primarily mediated by male dispersal (or movement) among spawning sites, as evidenced by the higher degree of genetic differentiation observed among females in different regional populations than males (ASMFC 2009; Gerhart 2007; King 
                    <E T="03">et al.</E>
                     2015; Smith 
                    <E T="03">et al.</E>
                     2017).
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         King 
                        <E T="03">et al.</E>
                         (2015) identifies the “Gulf of Mexico” as one of the eight Atlantic HSC regional units. Pursuant to Executive Order 14172, issued on January 20, 2025, that body of water is now known as Gulf of America.
                    </P>
                </FTNT>
                <P>
                    The life history of the Atlantic HSC is characterized by late maturation (
                    <E T="03">i.e.,</E>
                     age of sexual maturity), with females maturing between 10 to 12 years and males between 9 to 10 years; high fecundity; low adult but high egg and larvae natural mortality; and a longevity of approximately 17 to 20 years (ASMFC 2019; Schuster and Sekiguchi 2003; Smith 
                    <E T="03">et al.</E>
                     2017; Smith 
                    <E T="03">et al.</E>
                     2009). Completion of each stage of the Atlantic HSCs life history, from embryo to adult, depends upon specific environmental cues (
                    <E T="03">e.g.,</E>
                     temperature, tidal patterns, wind, water levels) which are broadly discussed below. However, as environmental conditions are not uniform across the species' range, numerous studies have documented the species ability to adapt to existing and changing environmental conditions at a local level (Banerjee and Mitra 2017; Botton 
                    <E T="03">et al.</E>
                     2009; Botton 
                    <E T="03">et al.</E>
                     2021; Chabot 
                    <E T="03">et al.</E>
                     2011; Cheng 
                    <E T="03">et al.</E>
                     2015; Estes 
                    <E T="03">et al.</E>
                     2021; Smith 
                    <E T="03">et al.</E>
                     2017). Atlantic HSCs are considered ecological generalists given the species' tolerance and adaptability to a wide range of environmental conditions, including hypoxia (low oxygen levels), salinity ranging from 35 parts per thousand (ppt) to approximately about 1.7 ppt, and temperature ranging from below 0° Celsius to over 40° Celsius (Banerjee and Mitra 2017; Botton 
                    <E T="03">et al.</E>
                     2009; Botton 
                    <E T="03">et al.</E>
                     2021; Laughlin 1983).
                </P>
                <P>
                    Upon reaching sexual maturity, environmental cues stimulate spawning behavior in adult Atlantic HSCs (ASMFC 2019; Chabot 
                    <E T="03">et al.</E>
                     2011; Cheng 
                    <E T="03">et al.</E>
                     2015; Estes 
                    <E T="03">et al.</E>
                     2021; Smith 
                    <E T="03">et al.</E>
                     2017). Given the geographic range of the species, initiation of spawning behavior varies temporally by latitude (ASMFC 2019; Estes 
                    <E T="03">et al.</E>
                     2021; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017; Smith 
                    <E T="03">et al.</E>
                     2009). In general, at the most southern portion of the Atlantic HSC range (
                    <E T="03">i.e.,</E>
                     Yucatán Peninsula, Mexico) spawning can occur year-round, while at the most northern portion of its range, (
                    <E T="03">i.e.,</E>
                     New Hampshire to Maine) spawning begins when water temperatures reach approximately 12° Celsius to 15° Celsius, generally between the months of April to June (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017; Smith 
                    <E T="03">et al.</E>
                     2009). Regardless of geographic location, daily spawning activity is associated with high tides, which the species detects through changes in water depth (ASMFC 2019; Chabot 
                    <E T="03">et al.</E>
                     2011; Cheng 
                    <E T="03">et al.</E>
                     2015; Estes 
                    <E T="03">et al.</E>
                     2021; Smith 
                    <E T="03">et al.</E>
                     2017). Studies have shown that water level changes are the strongest cue for synchronization of spawning activities, with other environmental factors (
                    <E T="03">e.g.,</E>
                     temperature, currents, salinity) playing a lesser role (Chabot 
                    <E T="03">et al.</E>
                     2011). Numerous studies provided in Chabot 
                    <E T="03">et al.</E>
                     (2011) matched the spawning frequency of some Atlantic HSC populations with tidal periodicity, and it was noted in Chabot 
                    <E T="03">et al.</E>
                     (2011) that other populations that experience “micro tides (essentially no tidal water changes)” showed no synchronization of spawning activity.
                </P>
                <P>
                    Once spawning environmental cues are received, males and females migrate from deeper oceanic or estuarine waters to spawning beaches (ASMFC 2019; Chabot 
                    <E T="03">et al.</E>
                     2011; Cheng 
                    <E T="03">et al.</E>
                     2015; Smith 
                    <E T="03">et al.</E>
                     2017). Females typically arrive at the spawning beach with an attached male, along with several males following the attached pair (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017). In general, adults prefer to spawn on sandy, undisturbed beaches of bays, coves, and lagoons protected from wave energy and preferably near intertidal flats that serve as a nursery habitat for Atlantic HSC larvae and juveniles (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2017; Smith, J.A. 
                    <E T="03">et al.</E>
                     2022). However, depending on location within the species' range, Atlantic HSCs may spawn in estuarine shoreline habitat, near the edges of small mangrove islands, on offshore sandbars, or on beaches in other estuarine shoreline habitats comprised of mud, fine grained, or cobble substrate (Smith 
                    <E T="03">et al.</E>
                     2017; Smith 
                    <E T="03">et al.</E>
                     2023). On a single tide, females will create multiple nests between the low-tide terrace (tidal flat) and the extreme high-tide water line (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017). Larger females produce and carry more eggs than smaller females (Smith 
                    <E T="03">et al.</E>
                     2009; Smith 
                    <E T="03">et al.</E>
                     2017). For example, females with a prosomal width (
                    <E T="03">i.e.,</E>
                     the largest straight-line width of the HSC body) of 265 millimeters (mm) have been reported to carry 80,000 eggs (Smith 
                    <E T="03">et al.</E>
                     2009), while females with a prosomal width of 201 mm have been reported to carry approximately 14,500 eggs (Smith 
                    <E T="03">et al.</E>
                     2017). However, egg cluster size does not appear to be solely related to female size because latitudinal variation in cluster size has been documented, with cluster size appearing to be larger for those populations in the middle of the species' range (
                    <E T="03">e.g.,</E>
                     Delaware Bay, reported eggs/cluster = 2,365 to 5,836) and smaller towards the more northern and southern ends of the species' range (
                    <E T="03">e.g.,</E>
                     in Cape Cod, reported eggs/cluster = 640 to 1,280; in Florida, reported eggs/cluster = 1,644 to 1,739) (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2017). Once eggs are deposited, according to studies cited in Smith 
                    <E T="03">et al.</E>
                     (2017), in general, optimal egg development occurs at salinities between 20 and 30 ppt; however, optimal egg development for HSCs located in microtidal lagoon systems has been observed to occur at 30 to 40 ppt. Studies have found that egg development occurs most rapidly at temperatures ranging from 25° Celsius to 30° Celsius (Smith 
                    <E T="03">et al.</E>
                     2017). 
                    <PRTPAGE P="7451"/>
                    However, Bottom and Itow (2009) found that Atlantic HSC embryos and larvae are very tolerant and well adapted to survive a broad range of temperatures and salinities; similar findings were made by Gerhart (2007) and Laughlin (1983).
                </P>
                <P>
                    In general, 2 to 4 weeks after egg deposition, environmental cues associated with patterns of tidal inundation (
                    <E T="03">i.e.,</E>
                     hydration, physical disturbance, hypoosmotic shock) trigger eggs to hatch (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2017). Newly hatched Atlantic HSC larvae, termed trilobites, depend on tidal inundation of the nest to be transported to nearshore, shallow, intertidal flats, just off the spawning and nesting beaches; these areas support growth and development of trilobite and juvenile stages of Atlantic HSC (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017). As juvenile Atlantic HSC near sexual maturity, between the ages of 7 or 8, they begin to incrementally move to deeper, subtidal waters of bays or estuaries, before moving to deeper waters of the continental shelf to continue to mature to adulthood (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017). Outside of the spawning and nesting season, adult Atlantic HSC may be found in embayments, lagoons, or in offshore waters of the continental shelf and, therefore, may occupy a range of salinities from &lt;10 ppt to &gt;50 ppt (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2017).
                </P>
                <HD SOURCE="HD1">Analysis of Petition</HD>
                <P>
                    The petitions address a single species, 
                    <E T="03">L. polyphemus,</E>
                     provide the scientific and common names for this species, and clearly indicate the administrative measures being requested. The petitions also contain detailed, narrative justifications for the requested listing under the ESA and provide information on the species' taxonomy, geographic distribution, and threats. Abundance estimates are lacking for this species; however, information is provided in the petitions and supporting references regarding population status and trends. In the section below, we provide a summary of Atlantic HSC population abundance, status, and trends, and we provide our analysis of whether the information provided in the petitions indicates that the petitioned actions may be warranted.
                </P>
                <HD SOURCE="HD1">Abundance, Status, and Population Trends</HD>
                <P>
                    The abundance of Atlantic HSC, regionally or range-wide, is unknown, with no available historical baseline population data (ASMFC 1998, 2019; Botton 
                    <E T="03">et al.</E>
                     2021; Smith 
                    <E T="03">et al.</E>
                     2016; Smith 
                    <E T="03">et al.</E>
                     2017; Smith 
                    <E T="03">et al.</E>
                     2023; Smith, J.A. 
                    <E T="03">et al.</E>
                     2022; Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009). As a result, the size and demographic characteristics of the species prior to unregulated harvest between the mid-19th to late 20th centuries remains uncertain. Most information regarding status and population trends comes from the U.S. east coast (
                    <E T="03">i.e.,</E>
                     Maine to Florida-Atlantic) where the species is managed by the Atlantic States Marine Fisheries Commission (ASMFC) in accordance with the Interstate Fisheries Management Plan (ISFMP) issued in 1998 (ASMFC 1998; Smith, J.A. 
                    <E T="03">et al.</E>
                     2022).
                </P>
                <P>
                    In terms of its status, both petitions rely largely on the IUCN Red List assessment of the Atlantic HSC (cited on the IUCN website as Smith 
                    <E T="03">et al.</E>
                     (2016) and published as Smith 
                    <E T="03">et al.</E>
                     (2017)) to support the petitions' claims that the Atlantic HSC is in decline and in danger of extinction. The petitioners focus on the risk assessment profiles by Smith 
                    <E T="03">et al.</E>
                     (2016, 2017) of six genetically defined regional (and three Mid-Atlantic sub-regional) Atlantic HSC populations (see table 1); these regional units were informed by the genetic findings of King 
                    <E T="03">et al.</E>
                     (2015). Although Smith 
                    <E T="03">et al.</E>
                     (2016, 2017) consider the population range-wide (
                    <E T="03">i.e.,</E>
                     Maine to Yucatán Peninsula, Mexico), quantitative data for their assessment relies largely on the fishery-independent data (
                    <E T="03">i.e.,</E>
                     data collected from regional surveys or research outside of the fishery) used for the ASMFC's 
                    <E T="03">2013 Horseshoe Crab Stock Assessment Update</E>
                     (ASMFC 2013). Specifically, the ASMFC HSC assessments rely on regional fishery-independent survey data collected along the U.S. eastern seaboard since the 1970s, 1980s, or 1990s to inform regional HSC population trends. Regional population units are defined based on tagging and genetic studies (
                    <E T="03">e.g.,</E>
                     King 
                    <E T="03">et al.</E>
                     2015), and U.S. east coast state boundaries (ASMFC 2019). The regional HSC population trends identified by the ASMFC (2013) are representative of each regional population, where 2012 was the terminal year of the assessment. Given the above, although Smith 
                    <E T="03">et al.</E>
                     (2016, 2017) and the ASMFC (2013) sort regional Atlantic HSC populations into slightly different population units and use different methodologies and terms to describe population trends, these two assessments are in general agreement with respect to regional trends through 2012. Specifically, as of 2012, population trends for populations in the Southeast region were increasing, the Delaware Bay region was stable, and population declines were evident in the New York and New England/Northeast regions (see table 1).
                </P>
                <P>
                    Since the implementation of the 1998 ISFMP, the ASMFC has issued multiple Atlantic HSC stock assessments (
                    <E T="03">i.e.,</E>
                     ASMFC 2009, 2013, 2019, 2024a). Together, the ASMFC's 2019 and 2024 stock assessments provide an additional 10 years of data on Atlantic HSC regional populations from New Hampshire through Florida since Smith 
                    <E T="03">et al.</E>
                     (2016, 2017). Additionally, although both petitions cite the 
                    <E T="03">2019 Horseshoe Crab Stock Assessment and Peer Review Report</E>
                     (ASMFC 2019), and the CBD petition cites the IUCN's Green Status Assessment 
                    <SU>3</SU>
                    <FTREF/>
                     (cited on the IUCN website as Smith 
                    <E T="03">et al.</E>
                     (2022) and published and referenced here as Smith 
                    <E T="03">et al.</E>
                     (2023)) to provide information about threats to the species, neither petition recognizes improvements to the status and trends that were noted in the ASMFC (2019) (table 2) and Smith 
                    <E T="03">et al.</E>
                     (2023) (table 3). For example, as of 2012, the ASMFC (2013) reported a declining trend for the Northeast regional population (termed New England under Smith 
                    <E T="03">et al.</E>
                     (2016, 2017)); however, as of 2017 (the terminal year of the survey time series reported in the ASMFC (2019)), the Northeast regional population trend was mixed (ASMFC 2019) (tables 1 and 2). Relying on data from the same time period evaluated in the ASMFC (2019), Smith 
                    <E T="03">et al.</E>
                     (2023) described populations in this area (identified by Smith 
                    <E T="03">et al.</E>
                     2023 as the Mid-Atlantic: Northeast spatial unit) as “viable” because populations were stable or increasing (table 3). In the 2024 assessment issued by the ASMFC, the Northeast population maintained a “neutral” status (ASMFC 2024a). The information above indicates that when the complete set of available data is considered, there has been improvement in the population status and trends of regional populations from New Hampshire to Florida-Atlantic, with the exception of New York; the petitions do not present this information.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The IUCN Green Status Assessment (
                        <E T="03">https://www.iucnredlist.org/about/green-status-species</E>
                        ) is a tool to evaluates the recovery of species' populations, and measures their conservation success. It serves as a complement to the IUCN Red List Assessment.
                    </P>
                </FTNT>
                <P>
                    The status and trends of the Gulf of Maine, Northeast-Gulf, and the Yucatán Peninsula regional populations defined by Smith 
                    <E T="03">et al.</E>
                     (2016, 2017) (table 1) have been described only qualitatively given the lack of quantitative population data for these specific populations. For these populations, both petitions again rely upon obsolete descriptions of the status of these populations from 2012 and earlier (
                    <E T="03">i.e.,</E>
                     Smith 
                    <E T="03">et al.</E>
                     2016, 2017). 
                    <PRTPAGE P="7452"/>
                    The CBD petition, despite citing Smith 
                    <E T="03">et al.</E>
                     (2023), does not incorporate new information on the status of these populations provided by this reference. For example, referring to studies conducted in Maine between 2001 to 2010, Smith 
                    <E T="03">et al.</E>
                     (2016, 2017) described the Gulf of Maine regional population as small and fragmented, with limited to no spawning; in contrast, Smith 
                    <E T="03">et al.</E>
                     (2023) described the “most likely” status for the Gulf of Maine regional population (identified as the Northern Gulf of Maine spatial unit by Smith 
                    <E T="03">et al.</E>
                     2023) as “functional,” which they assigned to populations they consider to be “viable (
                    <E T="03">i.e.,</E>
                     not threatened with extinction)” and functioning appropriately from an ecological standpoint (table 3) (Akcakaya 
                    <E T="03">et al.</E>
                     2018; Smith 
                    <E T="03">et al.</E>
                     2023). Similarly, for the Northeast-Gulf regional population, which consists of Atlantic HSCs found in the coastal waters of western Florida, Alabama, Mississippi, and Louisiana, Smith 
                    <E T="03">et al.</E>
                     (2016, 2017) identified a decreasing population trend; however, Smith 
                    <E T="03">et al.</E>
                     (2023), described the “most likely” status of this population (identified as the Eastern Gulf (Florida Southwest and Florida West) and North Central Gulf spatial units by Smith 
                    <E T="03">et al.</E>
                     2023) as “viable” or “functional” depending on spatial unit (table 3). For the Yucatán regional populations, information provided indicates the species was recognized by Mexico as “in danger of extinction” in 1994 (Botton 
                    <E T="03">et al.</E>
                     2021; Smith 
                    <E T="03">et al.</E>
                     2023; Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009). Smith 
                    <E T="03">et al.</E>
                     (2016, 2017) relied upon studies completed between the 1960s to the early 1990s and described this population as fragmented, with decreased population sizes. However, newer information in Smith 
                    <E T="03">et al.</E>
                     (2023) described the “most likely” status of the Yucatán areas as “viable,” which they assigned to populations they considered not to be threatened with extinction (
                    <E T="03">e.g.,</E>
                     stable or increasing) but not fully recovered from previous declines (table 3) (Akcakaya 
                    <E T="03">et al.</E>
                     2018; Smith 
                    <E T="03">et al.</E>
                     2023).” Given the above, while information provided by the petitions indicates the status and trends of these regional populations have been impacted historically, that same information does not support claims that these populations are currently declining (Smith 
                    <E T="03">et al.</E>
                     2023).
                </P>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s75,xs54,r50,xs60">
                    <TTITLE>Table 1—Summary of Population Trends for the Atlantic Horseshoe Crab Described by Smith et al. (2016, 2017) in Comparison to the ASMFC (2013)</TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            Smith 
                            <E T="03">et al.</E>
                             (2016, 2017) regions: subregions
                        </CHED>
                        <CHED H="1">
                            Smith 
                            <E T="03">et al.</E>
                             (2016, 2017)
                            <LI>trends</LI>
                        </CHED>
                        <CHED H="1">ASMFC regions</CHED>
                        <CHED H="1">
                            ASMFC (2013)
                            <LI>status/trends</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Gulf of Maine</E>
                             (northern ME (Hogs Bay)-northern NH (Great Bay))
                        </ENT>
                        <ENT>Decreasing</ENT>
                        <ENT>N/A</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: New England</E>
                             (southern NH (south of Great Bay)-RI)
                        </ENT>
                        <ENT>Decreasing</ENT>
                        <ENT>
                            <E T="03">Northeast</E>
                             (NH-RI)
                        </ENT>
                        <ENT>Poor/Declining.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: New York</E>
                             (CT-NY)
                        </ENT>
                        <ENT>Decreasing</ENT>
                        <ENT>
                            <E T="03">New York</E>
                             (CT-NY)
                        </ENT>
                        <ENT>Neutral/Declining.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: Delaware Bay</E>
                             (NJ-VA, including Delaware Bay)
                        </ENT>
                        <ENT>Stable</ENT>
                        <ENT>
                            <E T="03">Delaware Bay</E>
                             (NJ-VA, including Delaware Bay)
                        </ENT>
                        <ENT>Neutral/Stable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Southeast</E>
                             (NC-GA)
                            <LI>
                                <E T="03">Florida-Atlantic</E>
                            </LI>
                        </ENT>
                        <ENT>
                            Increasing
                            <LI>Uncertain</LI>
                        </ENT>
                        <ENT>
                            <E T="03">Southeast</E>
                             (NC-Florida, Atlantic)
                        </ENT>
                        <ENT>Good/Increasing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Northeast-Gulf</E>
                             (west coast of FL-LA)
                        </ENT>
                        <ENT>Decreasing</ENT>
                        <ENT>N/A</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Yucatán Peninsula</E>
                             (Mexico)
                        </ENT>
                        <ENT>Uncertain</ENT>
                        <ENT>N/A</ENT>
                    </ROW>
                    <TNOTE>
                        <E T="03">List of abbreviations used in table 1:</E>
                         CT-Connecticut; FL-Florida; GA-Georgia; LA-Louisiana; ME-Maine; NH-New Hampshire; NJ-New Jersey; NY-New York; SC-South Carolina; VA-Virginia; N/A-Not Applicable.
                    </TNOTE>
                </GPOTABLE>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s75,xs54,r50,xs60,xs60">
                    <TTITLE>
                        Table 2—The Status and Trends of the Atlantic HSC According to Smith et al. (2016, 2017) and the ASMFC (2019, 2024
                        <E T="01">a</E>
                        )
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            Smith 
                            <E T="03">et al.</E>
                             (2016, 2017) regions: subregions
                        </CHED>
                        <CHED H="1">
                            Smith 
                            <E T="03">et al.</E>
                            <LI>(2016, 2017)</LI>
                            <LI>trends</LI>
                        </CHED>
                        <CHED H="1">ASMFC regions</CHED>
                        <CHED H="1">
                            ASMFC (2019)
                            <LI>status/trends</LI>
                        </CHED>
                        <CHED H="1">
                            ASMFC (2024a)
                            <LI>status/trends</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Gulf of Maine</E>
                             (northern ME (Hogs Bay)-northern NH (Great Bay))
                        </ENT>
                        <ENT>Decreasing</ENT>
                        <ENT>N/A</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: New England</E>
                             (southern NH (south of Great Bay)-RI)
                        </ENT>
                        <ENT>Decreasing</ENT>
                        <ENT>
                            <E T="03">Northeast</E>
                             (NH-RI)
                        </ENT>
                        <ENT>Neutral/Mixed</ENT>
                        <ENT>Neutral/Mixed.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: New York</E>
                             (CT-NY)
                        </ENT>
                        <ENT>Decreasing</ENT>
                        <ENT>
                            <E T="03">New York</E>
                             (CT-NY)
                        </ENT>
                        <ENT>Poor/Decreasing</ENT>
                        <ENT>Poor/Decreasing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: Delaware Bay</E>
                             (NJ-VA, including Delaware Bay)
                        </ENT>
                        <ENT>Stable</ENT>
                        <ENT>
                            <E T="03">Delaware Bay</E>
                             (NJ-VA, including Delaware Bay)
                        </ENT>
                        <ENT>Neutral/Mixed</ENT>
                        <ENT>Good/Increasing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Southeast</E>
                             (NC-GA)
                            <LI>
                                <E T="03">Florida-Atlantic</E>
                            </LI>
                        </ENT>
                        <ENT>
                            Increasing
                            <LI>Uncertain</LI>
                        </ENT>
                        <ENT>
                            <E T="03">Southeast</E>
                             (NC-Florida, Atlantic)
                        </ENT>
                        <ENT>Good/Increasing</ENT>
                        <ENT>Good/Increasing.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Northeast-Gulf</E>
                             (west coast of FL-LA)
                        </ENT>
                        <ENT>Decreasing</ENT>
                        <ENT>N/A</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Yucatán Peninsula</E>
                             (Mexico)
                        </ENT>
                        <ENT>Uncertain</ENT>
                        <ENT>N/A</ENT>
                    </ROW>
                    <TNOTE>See table 1 for list of abbreviations.</TNOTE>
                </GPOTABLE>
                <PRTPAGE P="7453"/>
                <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,r50">
                    <TTITLE>Table 3—The Status of the Atlantic HSC According to Smith et al. (2023)</TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            Smith 
                            <E T="03">et al.</E>
                             (2023) spatial units 
                            <SU>a</SU>
                        </CHED>
                        <CHED H="1">Status</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Northern Gulf of Maine</E>
                        </ENT>
                        <ENT>
                            Functional.
                            <SU>b</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: Northeast</E>
                        </ENT>
                        <ENT>
                            Viable.
                            <SU>c</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: New York</E>
                        </ENT>
                        <ENT>
                            Present.
                            <SU>d</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Mid-Atlantic: Delaware Bay</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Southeast: South Carolina and Georgia</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Southeast: North Florida</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Florida Atlantic: Florida Indian River</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Florida Atlantic: Florida South</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Eastern Gulf: Florida Southwest</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Eastern Gulf: Florida West</E>
                        </ENT>
                        <ENT>Functional.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">North Central Gulf</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Western Yucatán Peninsula</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Northern Yucatán Peninsula</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="03">Eastern Yucatán Peninsula</E>
                        </ENT>
                        <ENT>Viable.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         Smith 
                        <E T="03">et al.</E>
                         (2023) defined spatial units by considering Smith 
                        <E T="03">et al.</E>
                         (2016, 2017) Atlantic HSC regional populations, as well as the spatial distribution of genotypic or phenotypic characteristics, major threats, and management/conservation efforts of Atlantic HSC.
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">Functional:</E>
                         a population that is “viable (see below)” and “functions appropriately from an ecological standpoint (Smith 
                        <E T="03">et al.</E>
                         2023).”
                    </TNOTE>
                    <TNOTE>
                        <SU>c</SU>
                         
                        <E T="03">Present:</E>
                         a population that “occurs in the wild but is threatened, or near threatened, and declining (Smith 
                        <E T="03">et al.</E>
                         2023).”
                    </TNOTE>
                    <TNOTE>
                        <SU>d</SU>
                         
                        <E T="03">Viable:</E>
                         a population that “is not threatened (
                        <E T="03">e.g.,</E>
                         stable or increasing) (Smith 
                        <E T="03">et al.</E>
                         2023).”
                    </TNOTE>
                </GPOTABLE>
                <P>
                    The Friends of Animals petition relied only on Smith 
                    <E T="03">et al.</E>
                     (2016) to define the status and trends of the species. The CBD petition, in addition to citing Smith 
                    <E T="03">et al.</E>
                     (2016, 2017) cites additional demographic studies completed on localized populations to further support its claims that the species is declining and at risk of extinction. A number of the reports are based upon research completed on data collected more than 10 years ago (Beekey and Mattei 2015; Novitsky 2015; Rudloe 1982; Smith 
                    <E T="03">et al.</E>
                     2017; Smith 
                    <E T="03">et al.</E>
                     2009; Tanacredi and Portilla 2015), and, therefore, are reflective of the historic population status and trends of the species (
                    <E T="03">i.e.,</E>
                     2012 or prior). As additional information and research on the Atlantic HSC has been collected since 2012, the findings of these earlier reports have been updated and/or replaced by newer studies and findings on the status and trends of the Atlantic HSC (
                    <E T="03">e.g.,</E>
                     ASMFC 2019, 2022a, 2024a; Hallerman and Jiao (2021); Smith 
                    <E T="03">et al.</E>
                     2023). However, the petitions do not discuss these newer findings. For example, as noted above, the CBD petition provides literature (
                    <E T="03">i.e.,</E>
                     ASMFC 2019 and Smith 
                    <E T="03">et al.</E>
                     2023) that addresses more recent (
                    <E T="03">i.e.,</E>
                     through 2022) changes in the status and trends of most regional Atlantic HSC populations (table 2), which are primarily positive, with the exception of New York; however, the petition does not discuss these updates in its assessment of the species status or trends. As a result, the CBD petition's reliance on obsolete information, despite acknowledging other sources of new information, results in the petition providing an unbalanced representation of the relevant facts.
                </P>
                <P>
                    The CBD petition cites two more recent studies to further support its claims of declines in the Delaware Bay (
                    <E T="03">i.e.,</E>
                     Garmoe 
                    <E T="03">et al.</E>
                     2021) and Southeast (
                    <E T="03">i.e.,</E>
                     Hunt 2022) regional Atlantic HSC populations. Garmoe 
                    <E T="03">et al.</E>
                     (2021) report on results of the Delaware Inland Bays Volunteer Horseshoe Survey completed in 2020. Although the 2020 survey detected a decline in observed spawning Atlantic HSCs in inland Delaware Bay relative to 2019 (
                    <E T="03">i.e.,</E>
                     HSC spawning density of 6.78 in 2019 to 2.93 in 2020), according to Garmoe 
                    <E T="03">et al.</E>
                     (2021), the observed numbers “were still near the approximate median (
                    <E T="03">i.e.,</E>
                     Atlantic HSC spawning density of 3.02) of spawning populations recorded over the last 6 years.” Garmoe 
                    <E T="03">et al.</E>
                     (2021) also noted that the reported decline in 2020 may have also been due to the limited availability of personnel to conduct the surveys due to the COVID-19 pandemic. Hunt (2022) provides an overview of purported Atlantic HSC declines in South Carolina. Citing Niles (2021) and Niles 
                    <E T="03">et al.</E>
                     (2021), Hunt (2022) states that, similar to the Delaware Bay, HSC egg densities have decreased by approximately 80 percent in the past three decades in South Carolina. To support this claim, Hunt (2022) refers to increases in biomedical Atlantic HSC harvest levels in South Carolina between 1991 to 2021 (
                    <E T="03">i.e.,</E>
                     from 5,000 crabs to 150,000 crabs), as well as local accounts of declining Atlantic HSC populations along specific areas of South Carolina from 2019 or earlier. For example, Hunt (2022) notes that South Carolina Department of Natural Resources and the U.S. Fish and Wildlife Service, based on beach survey and tagging reports from 2017 through 2019, indicated declines in HSC sightings (
                    <E T="03">e.g.,</E>
                     hundreds of HSCs to four or five as of 2019) on priority spawning grounds (
                    <E T="03">e.g.,</E>
                     Marsh and Hilton Head Islands, Turtle Island Wildlife Management Area) that had experienced heavy harvest. Additionally, Hunt (2022) acknowledges several local accounts of Atlantic HSC population declines in South Carolina since 2004, with one account noting a decline in the number of tagged Atlantic HSCs returning to spawning beaches on Harbor Island, South Carolina, between 2004 and 2018, and another account noting a decline in all wildlife, including Atlantic HSC, in Beaufort County, South Carolina.
                </P>
                <P>
                    Based on our review of the information cited in the petition and in our files, the information provided by Garmoe 
                    <E T="03">et al.</E>
                     (2021) and Hunt (2022) are not representative of the status and trends of the Delaware Bay and Southeast Atlantic HSC regional populations as a whole. Specifically, as provided in table 2, the Delaware Bay regional population consists of Atlantic HSC populations along New Jersey, Delaware, Maryland, and Virginia coastlines (including the Delaware Bay), with the ASMFC estimating the Delaware Bay regional population abundance by collating data from three trawl surveys (
                    <E T="03">i.e.,</E>
                     Virginia Tech (VT), Delaware Adult, and New Jersey Ocean) operating within this geographical range (ASMFC 2021; ASMFC 2022a; Hallerman and Jiao 2021). The VT trawl survey operates from Atlantic City, New Jersey, to Wachapreague, Virginia, including the lower Delaware Bay; the Delaware Adult trawl survey operates in the upper and lower Delaware Bay; and the New Jersey Ocean trawl survey operates throughout the entire coast of New Jersey, extending from shore to waters beyond 12 nautical miles (1,852 meters) (ASMFC 2021; ASMFC 2022a; Hallerman and Jiao 2021; see below and Factor (D), 
                    <E T="03">Inadequacy of Existing Regulatory Mechanisms,</E>
                     for detailed information on the geographical extent of each survey). The study completed by Garmoe 
                    <E T="03">et al.</E>
                     (2021) is representative of only two bays found within the state of Delaware (
                    <E T="03">i.e.,</E>
                     Rehoboth and Indian River Bays), and the trends in Atlantic HSC abundance detected by Garmoe 
                    <E T="03">et al.</E>
                     (2021) are not reflective of the larger Delaware Bay regional population, (
                    <E T="03">i.e.,</E>
                     coastal waters ranging from New Jersey through Virginia (including the Delaware Bay)) which most recently has been determined by the ASMFC (2024a) to be increasing (table 2). The Southeast regional population consists of Atlantic HSC populations along the coasts of North Carolina, South Carolina, Georgia, and Florida. Hunt (2022) considers only Atlantic HSC populations in South Carolina, and the population trends identified in this report are not reflective of the larger Southeast regional population, which most recently has been determined by the ASMFC (2024a) to be increasing (table 2). Based on this, we find that neither Garmoe 
                    <E T="03">et al.</E>
                     (2021) nor Hunt (2022) provides sufficient scientific or 
                    <PRTPAGE P="7454"/>
                    commercial evidence to support the petition's claims that the current status and trends for the Delaware Bay and Southeast Atlantic HSC regional populations as a whole are poor and in decline.
                </P>
                <P>
                    The CBD petition identified specific population metrics (
                    <E T="03">e.g.,</E>
                     low abundance of newly mature females, low egg densities, decrease in the number of spawning Atlantic HSCs) as additional evidence of a range-wide decline in the Atlantic HSC population. However, review of the information cited in the petition indicates that the identified metrics do not apply to the species range-wide but, instead, are specific to the Delaware Bay regional population as defined by the ASMFC (see table 2). Although the population metrics identified by the petition do not support the petition's claims of a range-wide decline, we evaluated whether the demographic information for the Delaware Bay regional population may provide evidence of declines because information provided and found in our files suggests that the Delaware Bay may be of biological significance to the species (see 
                    <E T="03">Species Description</E>
                     section).
                </P>
                <P>
                    The CBD petition identifies the recent decrease in the Delaware Bay regional population's abundance of newly mature Atlantic HSC females as an indicator of the species' poor health and status. The petition claims that despite the ASMFC's prohibition on the harvest of female Atlantic HSCs from the Delaware Bay regional population from 2013 through 2022 (ASMFC 2012, 2022b), the abundance of newly mature female Atlantic HSCs was zero in 2019 and 2020 (Lipcius 2022). Lipcius (2022) cites Hallerman and Jiao (2021) as the basis for its estimate of zero newly mature females. Our review of Hallerman and Jiao (2021) indicates that although zero newly mature females were detected in 2019 and 2020, this estimate was only for the portion of the HSC trawl survey completed in the lower Delaware Bay. The other portion of the HSC trawl survey occurred in the coastal Delaware Bay area, which Hallerman and Jiao (2021) delineated as the area in the Atlantic Ocean extending from shore (including the mouth of the Delaware Bay) out to 12 nautical miles (1,852 meters) and from 39°20′ N (Atlantic City, New Jersey) to 37°40′ N (slightly north of Wachapreague, Virginia). In the coastal Delaware Bay survey area, Hallerman and Jiao (2021) estimated the population of newly mature females to be 77,000 in 2019, and 134,000 in 2020. While Hallerman and Jiao (2021) acknowledge these are the lowest newly mature female population estimates in the survey's time series (
                    <E T="03">i.e.,</E>
                     2002 through 2020), the authors note that over this timeframe, population trends of newly mature females are variable. Additionally, based on survey findings, Hallerman and Jiao (2021) concluded that from 2002 to 2020, there was an increase in the estimated mature male and female Atlantic HSC populations in the survey region (
                    <E T="03">e.g.,</E>
                     within the coastal Delaware Bay survey area: approximately 4,959 mature females and 11,584 mature males in 2002 versus approximately 10,803 mature females and 31,546 mature males in 2020). The petition does not acknowledge these additional findings of the Hallerman and Jiao (2021) report, which show that the Delaware Bay regional population has variable trends depending on life stage and is not necessarily declining. Additionally, review of information in our files indicates that the ASMFC, using a Catch Multiple Survey Analysis (CMSA), which incorporates data collected by the VT, New Jersey Ocean, and Delaware Adult trawl surveys (tables 1 and 2; refer to Factor (B) for additional information on the CMSA), reported an increase in the Delaware Bay regional population in its 2024 Atlantic HSC stock assessment (ASMFC 2024a). The total mature (newly mature plus mature) female abundance increased from an estimated 6.1 million Atlantic HSCs in 2003 (beginning of the CMSA's time series), to 10.7 million in 2020, to 16.2 million female Atlantic HSCs in 2022. For total mature (newly mature plus mature) male abundance, the ASMFC estimated 15.2 million Atlantic HSCs in 2003, 18.8 million in 2020, and 40.3 million Atlantic HSCs in 2022 (ASMFC 2024a). Given the above, we find that, based on the information presented in the petition and readily available in our files, a reasonable person conducting an impartial scientific review would conclude that abundance of mature male and female Atlantic HSCs in the Delaware Bay regional population has improved since 2003 and continues to improve. As a result, there is not sufficient credible scientific or commercial information that supports the petition's claims that low abundance of newly mature females is indicative of a decline in the Delaware Bay regional population.
                </P>
                <P>
                    The CBD petition claims that the decline in spawning Atlantic HSCs and associated egg densities on Delaware Bay spawning beaches are population metrics that are indicative of a declining population trend. The CBD petition states that historical data on egg density and number of spawning HSCs provide insight on the poor condition of the Delaware Bay regional population. For example, the petition cites Smith, J.A. 
                    <E T="03">et al.</E>
                     (2022), who conclude that “past and current measurements of horseshoe crab eggs in the bay indicate that abundance in the 1980s was an order of magnitude greater” (
                    <E T="03">e.g.,</E>
                     between 1985 and 1987: estimated average egg density in Delaware Bay = 156,600 HSC eggs/m
                    <SU>2</SU>
                    ; between 2015 and 2021, average egg density in Delaware Bay = 10,243 HSC eggs/m
                    <SU>2</SU>
                    ). However, Smith, J.A. 
                    <E T="03">et al.</E>
                     (2022) also conclude that between 2000 and 2021, there is an increasing trend in annual point estimates of egg densities (
                    <E T="03">i.e.,</E>
                     model-based estimates of approximately 2,500 HSC eggs/m
                    <SU>2</SU>
                     in 2000, to 9,000 HSC eggs/m
                    <SU>2</SU>
                     in 2021), with surface egg densities projected to approach the 1980 baseline abundances (
                    <E T="03">e.g.,</E>
                     100,000/m
                    <SU>2</SU>
                    ) in 2065 (Smith, J.A. 
                    <E T="03">et al.</E>
                     2022). The CBD petition also references the 
                    <E T="03">Delaware Bay Horseshoe Crab Spawning Survey</E>
                     reports conducted from 1990 (the first year in which the spawning surveys began) through 2022, as evidence of declines in the number of spawning HSC in Delaware Bay. The petition states that in 1990, 1.2 million Atlantic HSCs spawned in Delaware Bay (Finn 
                    <E T="03">et al.</E>
                     1990) and in 2020, this number decreased to 335,211 (Swan 
                    <E T="03">et al.</E>
                     2020). The petition provides no additional information on the 2021 or 2022 
                    <E T="03">Delaware Bay Horseshoe Crab Spawning Survey</E>
                     reports. However, our review of the information provided in the reports from 1990 through 2022 (Finn 
                    <E T="03">et al.</E>
                     1990; Swan 2022; Swan 
                    <E T="03">et al.</E>
                     1991, 1992, 1993, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021) indicates that, contrary to the petition's claims, Atlantic HSC spawning abundance in the Delaware Bay, while variable throughout the time series, has shown an overall increasing trend (table 4). Although 2020 was one of the lowest estimated numbers of spawning Atlantic HSC, the petition fails to acknowledge that although spawning numbers were lower than those reported in 1990, only 6 of the standard 25 beaches were surveyed in 2020 due to the COVID pandemic (Swan 
                    <E T="03">et al.</E>
                     2020). As a result, the 2020 survey report concluded that the data collected in 2020 are not an accurate depiction of spawning activity and should not be used to compare past years spawning trends (Swan 
                    <E T="03">et al.</E>
                     2020). The petition's failure to acknowledge that the reason for the decrease in abundance in 2020 relative to previous years in the time series was 
                    <PRTPAGE P="7455"/>
                    due to the smaller number of beaches surveyed, as well as the 2021 and 2022 
                    <E T="03">Delaware Bay Spawning Survey</E>
                     reports, which indicate a rebound in spawning Atlantic HSC abundance (table 4), results in an inaccurate and unbalanced representation of the data, and, in turn, an inaccurate view of the health of the spawning population of Atlantic HSCs in Delaware Bay. Given the above, we find that, based on the information presented in the petition, a reasonable person conducting an impartial scientific review would not conclude that there is a decrease in egg densities or abundance of spawning Atlantic HSCs in the Delaware Bay, which, as noted above, may be of biological significance to the species (see 
                    <E T="03">Species Description</E>
                     section). As a result, there is not sufficient credible scientific or commercial information that supports the petition's claims that the Delaware Bay regional population metrics point to potential declines in the species as a whole.
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,22">
                    <TTITLE>Table 4—Delaware Bay Horseshoe Crab Spawning Survey's Total Estimated Number of Spawning Atlantic HSC From 1990 Through 2022</TTITLE>
                    <TDESC>[Annual estimates are calculated by combining counts of spawning Atlantic HSCs on surveyed beaches in Delaware and New Jersey.]</TDESC>
                    <BOXHD>
                        <CHED H="1">Year</CHED>
                        <CHED H="1">
                            Estimated total number
                            <LI>of spawning HSCs</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">1990</ENT>
                        <ENT>1,139,658</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1991</ENT>
                        <ENT>1,152,004</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1992</ENT>
                        <ENT>432,218</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1993</ENT>
                        <ENT>396,174</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1994</ENT>
                        <ENT>104,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1995</ENT>
                        <ENT>112,912</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1996</ENT>
                        <ENT>466,124</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1997</ENT>
                        <ENT>703,846</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1998</ENT>
                        <ENT>528,006</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">1999</ENT>
                        <ENT>1,277,533</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2000</ENT>
                        <ENT>1,324,684</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2001</ENT>
                        <ENT>1,214,726</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2002</ENT>
                        <ENT>1,299,948</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2003</ENT>
                        <ENT>1,206,521</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2004</ENT>
                        <ENT>1,493,033</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2005</ENT>
                        <ENT>1,307,429</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2006</ENT>
                        <ENT>1,885,355</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2007</ENT>
                        <ENT>1,947,372</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2008</ENT>
                        <ENT>1,578,618</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2009</ENT>
                        <ENT>2,049,200</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2010</ENT>
                        <ENT>1,558,217</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2011</ENT>
                        <ENT>1,997,203</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2012</ENT>
                        <ENT>1,291,569</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2013</ENT>
                        <ENT>1,778,939</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2014</ENT>
                        <ENT>1,401,580</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2015</ENT>
                        <ENT>1,815,426</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2016</ENT>
                        <ENT>2,461,704</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2017</ENT>
                        <ENT>2,039,709</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2018</ENT>
                        <ENT>2,865,087</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2019</ENT>
                        <ENT>3,397,246</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2020</ENT>
                        <ENT>679,360</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2021</ENT>
                        <ENT>1,846,490</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">2022</ENT>
                        <ENT>2,608,111</ENT>
                    </ROW>
                    <TNOTE>
                        <E T="03">References:</E>
                         Finn 
                        <E T="03">et al.</E>
                         1990; Swan 2022; Swan 
                        <E T="03">et al.</E>
                         1991, 1992, 1993, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021.
                    </TNOTE>
                </GPOTABLE>
                <P>
                    With the exception of the New York regional population, the most recent information (ASMFC 2024a; Smith 
                    <E T="03">et al.</E>
                     2023) indicates that population trends across the species' range are showing signs of stability or improvement. Although the status of the New York regional population has remained poor over the last 10 years (table 1 and 2), there is no information provided in the petitions or in our files to suggest that this region is a significant portion of the species' range, such that listing may be warranted. As provided in the 
                    <E T="03">Species Description,</E>
                     the available genetic evidence does not provide substantial information indicating that there is a high degree of genetic differentiation between the New York regional population and other regional populations (
                    <E T="03">i.e.,</E>
                     Northeast, Delaware Bay, Southeast) located along the Atlantic coast of the species' range that may indicate genetic significance to the species viability (King 
                    <E T="03">et al.</E>
                     2015; Smith 
                    <E T="03">et al.</E>
                     2016, 2017). King 
                    <E T="03">et al.</E>
                     (2015) reported the lowest pairwise estimates of genetic differentiation between Atlantic HSCs from the New York and Delaware Bay regional population units, indicating a high degree of relatedness. Corroborating the findings of King 
                    <E T="03">et al.</E>
                     (2015), the ASMFC (2022a) reported that 44 percent of the HSCs harvested for bait in New York's Long Island Sound have genotypes indicating that they originated from the Delaware Bay. The ASMFC (2019) also noted that both tagging and commercial catch data suggest a greater rate of movement from Delaware Bay to New York than from New York to Delaware Bay, indicating that the Delaware Bay regional population likely serves as a source population for the New York regional population. Additionally, Atlantic HSCs that comprise the New York regional population inhabit coastal waters, bays, and sounds from New York through Connecticut, spawning on the shorelines of these respective states (ASMFC 2019, 2024a; Smith 
                    <E T="03">et al.</E>
                     2017). Across this range, there is no evidence provided in the petition or in 
                    <PRTPAGE P="7456"/>
                    our files that indicates that the shorelines or coastal waters, bays, and sounds from New York through Connecticut contain unique ecological features necessary for Atlantic HSC growth, reproduction, or rearing (see 
                    <E T="03">Species Description</E>
                     for additional information on life history) that are not already present in other portions of the species' range (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2016, 2017). Additionally, review of information cited in the petition and in our files also provides no evidence that the Atlantic HSCs comprising the New York regional population are exposed to unique environmental parameters (
                    <E T="03">e.g.,</E>
                     temperature, salinity, tides) that would introduce unique adaptions not seen in other regional populations across the species' range (ASMFC 2019, 2024a; Smith 
                    <E T="03">et al.</E>
                     2017). Based on the above findings of King 
                    <E T="03">et al.</E>
                     (2015), Smith 
                    <E T="03">et al.</E>
                     (2016, 2017), and the ASMFC (2019, 2022a) as well as information provided in the 
                    <E T="03">Species Description,</E>
                     there is no information provided by the petitions or in our files to suggest that the New York regional population may be a significant portion of the Atlantic HSC's range.
                </P>
                <P>Taking into consideration the information provided above, the petitions rely on obsolete and incorrect information to infer the current status and trends of the species. As a result, we do not find that the demographic information presented in the petitions constitutes credible scientific information that indicates the Atlantic HSC is in decline and may be in danger of extinction throughout all or in a significant portion of the species' range.</P>
                <HD SOURCE="HD1">ESA Section 4(a)(1) Factors</HD>
                <P>
                    The petitions assert that 
                    <E T="03">L. polyphemus</E>
                     is threatened by four of the five ESA section 4(a)(1) factors: (A) the present or threatened destruction, modification, or curtailment of habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (D) inadequacy of existing regulatory mechanisms; and (E) other natural or manmade factors affecting its continued existence. In the following sections, we discuss information presented in the petitions and in our files and present our assessment of whether the petitioned action may be warranted. Factor (C) (disease or predation) is not identified as a primary threat to the species in the petitions, and we have no information in our files indicating that disease or predation are posing a threat Atlantic HSCs such that they are contributing to extinction risk for the species.
                </P>
                <HD SOURCE="HD2">(A) The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range</HD>
                <P>
                    The petitions assert that Atlantic HSC habitat is being threatened by sea-level rise associated with climate change and provide general information about climate-related projections as evidence that spawning habitat is threatened (IPCC 2014; NOAA 2022). In describing the species-specific climate change related risks, both petitions cite to the 
                    <E T="03">NOAA Fisheries Vulnerability Assessment on the Northeast U.S. Continental Shelf</E>
                     (Hare 
                    <E T="03">et al.</E>
                     2016), which characterizes the vulnerability of this species as “very high.” This assessment reviewed life history traits and population information of 82 different species from the Northeast U.S. shelf and ranked the exposure of the species to the stressor (
                    <E T="03">i.e.,</E>
                     climate change and decadal variability), as well as the species' sensitivities to that stressor. The assessment defines vulnerability “as the likelihood that the productivity or abundance of the species could be impacted by climate change.” Using population information from ASMFC's 2013 stock assessment (ASMFC 2013), Hare 
                    <E T="03">et al.</E>
                     (2016) rated the Atlantic HSC's overall climate vulnerability as “very high,” linking the species' climate exposure and biological sensitivities ratings to possible changes to and reliance on intertidal spawning habitat, respectively. As indicated in the assessment, this was a broad examination based upon expert opinion of whether climate change is likely to impact fish and invertebrate species where over half of the species assessed were ranked “high” or “very high” (
                    <E T="03">i.e.,</E>
                     likely to experience productivity or abundance impacts as a result of climate change stressors). Although this assessment provides a vulnerability rating for each species, the assessment does not provide details on the likely magnitude of climate-related impacts on species' populations, nor does it provide information related to the species' extinction risk as a result of this stressor. Similar to the Hare 
                    <E T="03">et al.</E>
                     (2016) assessment, Smith 
                    <E T="03">et al.</E>
                     (2023) indicate that widespread climate-related alterations to Atlantic HSC spawning habitat are likely to have impacts on Atlantic HSCs. Impacts are anticipated to vary regionally; while range shifts are possible, the greatest impacts may be in areas where the shoreline lacks space for landward migration (Smith 
                    <E T="03">et al.</E>
                     2023). However, Smith 
                    <E T="03">et al.</E>
                     (2023) note that the species could use habitats other than sandy beaches for spawning or adapt to different conditions for spawning (
                    <E T="03">e.g.,</E>
                     use deeper water). Smith 
                    <E T="03">et al.</E>
                     (2023) even suggested that sea-level rise could create new habitat for Atlantic HSC, noting an example in Mexico where Atlantic HSCs spawn and develop in coastal lagoons that were created from flooding pre-existing wetlands. Overall, Smith 
                    <E T="03">et al.</E>
                     (2023) note that the “net result upon population status is uncertain owing to a lack of reliable projections, the inherent adaptability of horseshoe crabs to varied habitats at a local level, and the potential for phenological shifts to affect communities in complex and unknown ways.”
                </P>
                <P>
                    Citing to the IUCN Green Status Assessment of the Atlantic HSC (cited on the IUCN website as Smith 
                    <E T="03">et al.</E>
                     (2022) and published as Smith 
                    <E T="03">et al.</E>
                     (2023); see 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     section) the CBD petition states the species has a “Recovery Potential” of zero due to the pressures of climate change on habitat. Smith 
                    <E T="03">et al.</E>
                     (2023) note improvements in HSC populations in comparison to the past, but also note uncertainty about future growth. Improvements in population status were attributed to the positive effects of harvest regulations and habitat protection throughout large portions of the species' range. The Atlantic HSC received a “Green Score” of 69 percent, on a scale to 100, where 100 equals fully recovered range-wide. Smith 
                    <E T="03">et al.</E>
                     (2023) estimate that the “Green Score” will not change from the present (69) in 100 years (in other words, as cited in Smith 
                    <E T="03">et al.</E>
                     (2022), the “Recovery Potential” is zero) but also note that the “future effects of climate change and development make the Recovery Potential [score] highly uncertain.” Taking into account information on environmental and anthropogenic threats to each spatial unit, as well as information provided in the ASMFC (2019), Smith 
                    <E T="03">et al.</E>
                     (2023) described the most probable current status of 13 out of the 14 spatial units of Atlantic HSC as either “viable” (
                    <E T="03">i.e.,</E>
                     not threatened with extinction) or ”functional;” the exception was the “Mid-Atlantic: New York” spatial unit (table 3). While the Smith 
                    <E T="03">et al.</E>
                     (2023) assessment indicates that climate change and other threats may limit population growth in the future (
                    <E T="03">i.e.,</E>
                     100 years), it does not provide evidence that the species is declining throughout its range as a result of these threats.
                </P>
                <P>
                    The CBD petition points to a number of other factors it claims contribute to habitat loss and degradation, including urban development and harmful algal blooms. As Atlantic HSC habitat used for foraging and the completion of essential life functions (
                    <E T="03">e.g.,</E>
                     spawning, development, overwintering) is located 
                    <PRTPAGE P="7457"/>
                    within coastal and intertidal areas, the petition asserts that coastal development, including habitat alterations to support coastal urbanization (
                    <E T="03">e.g.,</E>
                     beach renourishment, sand mining, shoreline hardening, beach armoring, creation of impervious surfaces), can eliminate, modify, and/or fragment Atlantic HSC habitats such that they are no longer suitable for the completion of these essential life functions. The petition supports this claim by citing Hartley and Weldon (2020), Hopkinson and Vallino (1995), Jackson 
                    <E T="03">et al.</E>
                     (2015), Miththapala (2013), Paule-Mercado 
                    <E T="03">et al.</E>
                     (2017), Pearce (2019), Smith 
                    <E T="03">et al.</E>
                     (2016), Qiu 
                    <E T="03">et al.</E>
                     (2020), Smith, J.A. 
                    <E T="03">et al.</E>
                     (2020); Zaldívar-Rae 
                    <E T="03">et al.</E>
                     (2009). Most of the sources cited focus largely on generalized impacts to coastal ecosystems from urban and coastal developmental activities (Hartley and Weldon 2020; Hopkinson and Vallino 1995; Jackson 
                    <E T="03">et al.</E>
                     2015; Miththapala 2013; Paule-Mercado 
                    <E T="03">et al.</E>
                     2017; Pearce 2019; Smith 
                    <E T="03">et al.</E>
                     2016; Qiu 
                    <E T="03">et al.</E>
                     2020; Smith, J.A. 
                    <E T="03">et al.</E>
                     2020; and Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009). While coastal development has the potential to negatively impact Atlantic HSC habitat, our review of these sources found that none provide specific information indicating how and where coastal development is impacting, or is anticipated to impact, Atlantic HSC habitat.
                </P>
                <P>
                    Only three sources (Jackson 
                    <E T="03">et al.</E>
                     2015; Smith, J.A. 
                    <E T="03">et al.</E>
                     2020, and Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009) referenced in the CBD petition pertain to specific impacts to Atlantic HSC habitat from coastal development and associated alteration processes (
                    <E T="03">i.e.,</E>
                     beach nourishment, bulkhead placement, urbanization) in localized areas throughout the species' range (
                    <E T="03">i.e.,</E>
                     Delaware Bay and Yucatán Peninsula, Mexico). For example, the information provided by Zaldívar-Rae 
                    <E T="03">et al.</E>
                     (2009) on the Atlantic HSC in the Yucatán Peninsula, Mexico, indicates that human population growth in coastal cities along the Yucatán Peninsula have caused the disappearance of some nesting and nursery habitats for Atlantic HSCs, as well as the degradation of some adjacent water bodies due to pollution. However, Zaldívar-Rae 
                    <E T="03">et al.</E>
                     (2009) indicate that important areas of Atlantic HSC habitat still remain. For example, since 2002, offshore Atlantic HSC habitat, as well as Atlantic HSC nesting and nursery areas have been protected in the areas of Laguna de Terminos, Celestun, Rio Lagartos, Isla Arena, and Holbox pursuant to Mexico's federal “Areas for the Protection of Flora and Fauna or Biosphere Reserves” managed by Mexico's National Commission for Natural Protected Areas (Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009). Jackson 
                    <E T="03">et al.</E>
                     (2015) assessed the influence of bulkhead configuration on Atlantic HSC use of estuarine beaches in Delaware Bay and found that bulkheads installed along Delaware Bay shorelines did not prevent Atlantic HSC from spawning in the area. With respect to beach renourishment, Smith, J.A. 
                    <E T="03">et al.</E>
                     (2020), assessed the impacts of a multi-year beach restoration project on Atlantic HSC spawning habitat in the Delaware Bay and found that beach restoration can improve habitat quality for Atlantic HSC. Taking into consideration the above, the petitions do not provide sufficient scientific or commercial evidence to support the claims that coastal development, including habitat alteration to support coastal urbanization, has or will destroy Atlantic HSC habitat such that populations throughout or in a significant portion of the species' range may be threatened. As described in the 
                    <E T="03">Species Description</E>
                     and the 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     sections, despite past alterations to coastal habitat or differences in habitat quality, populations are largely stable or increasing, including those in Delaware Bay and the Yucatán Peninsula.
                </P>
                <P>
                    The CBD petition identifies harmful algal blooms, such as red tides, as threatening the habitat of Atlantic HSCs. Although the petition cites incidences of harmful algal blooms that have occurred in portions of the species' range, the petition does not provide evidence of specific Atlantic HSC habitat features that have been degraded, modified, or lost as a result of periodic algal blooms. Instead, the petition relies on several specific regional events identified in Brockmann 
                    <E T="03">et al.</E>
                     (2015) and Smith 
                    <E T="03">et al.</E>
                     (2017) and the number of Atlantic HSCs that were or that may have been affected in each event to support its claims. For example, citing Smith 
                    <E T="03">et al.</E>
                     (2017), CBD claims that in 1999, “an estimated 100,000 adult 
                    <E T="03">L. polyphemus</E>
                     died in the northern part of Florida's Indian River and the southern portion of Mosquito Lagoon due to a red tide event.” However, upon review, Smith 
                    <E T="03">et al.</E>
                     (2017) actually state that, “an estimated 100,000 adult 
                    <E T="03">L. polyphemus</E>
                     died in the northern part of the Indian River and the southern portion of Mosquito Lagoon (Scheidt and Lowers 2001), although a link to algal blooms or pollution could not be established.” Further, when reviewing the threats of eutrophication and red tides, Smith 
                    <E T="03">et al.</E>
                     (2017) found little evidence of these threats having a significant impact on the Atlantic HSC. The CBD petition, citing Totoiu and Lopez (2022), also claims that harmful algal blooms have been increasing in frequency and severity in portions of the Atlantic and Gulf coasts where Atlantic HSCs occur. However, our review of Totoiu and Lopez (2022) indicates that it provides no information on Atlantic HSCs and instead is focused specifically on harmful algal bloom events in Florida's Lake Okeechobee. The CBD petition also cites Brockmann 
                    <E T="03">et al.</E>
                     (2015) in support of its claims. Based on our review of Brockmann 
                    <E T="03">et al.</E>
                     (2015), we found only the following statement pertaining to Atlantic HSC and red tides: “Water quality issues may be particularly important in Florida where red tides are common in nearshore communities particularly in southwest Florida where young horseshoe crabs are one of the affected species (Galtsoff 1949).” No other information is provided in Brockmann 
                    <E T="03">et al.</E>
                     (2015) on this topic or its impact to Atlantic HSC habitat. Taking into consideration the above, the petition does not provide sufficient scientific or commercial evidence to support the petition's claims that harmful algal blooms have or will destroy Atlantic HSC habitat such that populations range-wide or in a significant portion of the species' range may be threatened.
                </P>
                <P>
                    The CBD petition identifies impingement, dredging and deepening of navigation channels, oil spills, and exposure to urban pollutants from industrial, municipal, and nonpoint sources as threatening Atlantic HSC habitat. However, the literature cited in the petition to support these claims provides no specific evidence that these factors are causing the loss, destruction, or modification of habitat. As some of the petition's assertions and cited references are specific to the potential effects of these factors to the species, we discuss those assertions further under Factor (E) 
                    <E T="03">Other Natural or Manmade Factors.</E>
                </P>
                <P>
                    In summary, it is reasonable to predict that some of the habitat-related threats identified by the petitions may result in some localized changes to the habitat of Atlantic HSC. However, the petitions did not present substantial scientific information that the scale and scope of these threats indicate that the species may be impacted throughout all or in a significant portion of its range now or in the foreseeable future. Thus, sufficient scientific or commercial information is not presented or is not otherwise available in our files indicating there is present or threatened destruction, modification, or curtailment of the 
                    <PRTPAGE P="7458"/>
                    Atlantic HSC's habitat or range such that a reasonable person conducting an impartial scientific review would conclude that listing may be warranted.
                </P>
                <HD SOURCE="HD2">(B) Overutilization for Commercial, Recreational, Scientific, or Educational Purposes</HD>
                <P>
                    The petitions identify overutilization for commercial and scientific purposes as a major threat to Atlantic HSCs. The species is harvested for bait, its blood, and the marine life/aquarium trade, and is also captured incidentally as bycatch in commercial gillnet, dredge, and trawl fisheries (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2017, 2023).
                </P>
                <P>
                    The petitions cite the historical overuse of Atlantic HSC as fertilizer and feed and the current harvest of Atlantic HSC in commercial fisheries “as evidence that the HSC has, and continues to be overutilized for commercial purposes.” The petitions assert there is overutilization of the species due to harvest specifications set along the U.S. eastern seaboard (
                    <E T="03">i.e.,</E>
                     Maine to Florida-Atlantic) by the ASMFC pursuant to the 1998 Atlantic HSC ISFMP. The petitions claim that continued harvest in the Atlantic HSC bait fishery, even with set quotas, is resulting in the commercial overutilization of the species and that commercial harvest “is not sustainable and threatens overall species survival.”
                </P>
                <P>
                    While we agree with statements in the petitions that historical harvest of Atlantic HSCs between the mid-19th to late 20th centuries resulted in the significant reduction of Atlantic HSC populations along the U.S. Eastern Seaboard, neither petition provides substantial commercial or scientific information to support the claim that Atlantic HSCs are currently being overutilized in the commercial bait fishery or that this use may put the species at risk of extinction. Based on the information in the petitions and in our files, the commercial harvest of Atlantic HSC for bait occurs primarily in state waters of Massachusetts, Connecticut, New York, Delaware, Maryland, Virginia, and to a lesser extent Rhode Island and North Carolina, under the management of the ASMFC and the respective states (ASMFC 1998, 2022d, 2023d; Smith 
                    <E T="03">et al.</E>
                     2017, 2023). In other portions of the species' range, harvesting for bait is minimal, prohibited, or absent (Smith 
                    <E T="03">et al.</E>
                     2017, 2023). While the petitions acknowledge that the ASMFC's 1998 Atlantic HSC ISFMP helped to slow the decline of Atlantic HSC populations by instituting a cap on landings for the commercial bait fishery, the petitions conclude that the ISFMP fails to protect the long-term survival of the Atlantic HSC. Pursuant to the 1998 Atlantic HSC ISFMP, the goal of the plan is “to conserve and protect the horseshoe crab resource to maintain sustainable levels of spawning stock biomass to ensure its continued role in the ecology of coastal ecosystems, while providing for continued use over time (ASMFC 1998).” Our review of ASMFC regulations implemented over the past 26 years indicates that the ASMFC is actively managing the species and continuing to implement regulatory measures to help meet their stated goals (
                    <E T="03">e.g.,</E>
                     state specific caps on Atlantic HSC landings, female Atlantic HSC harvest prohibitions in the Delaware Bay region) (ASMFC 2000, 2001, 2004, 2006, 2008, 2010, 2012, 2022a, b, 2023b, d). We also note that the IUCN has concluded that the overharvest of the species has “been corrected through active management intervention over much of the range” (Smith 
                    <E T="03">et al.</E>
                     2016, 2017). Additionally, several other sources (
                    <E T="03">e.g.,</E>
                     Okun 2012; Smith 
                    <E T="03">et al.</E>
                     2009; Smith, J.A. 
                    <E T="03">et al.</E>
                     2022)) recognize the success of the ASMFC's 1998 HSC ISFMP in managing the Atlantic HSC population. Further, pursuant to the 1998 HSC ISFMP, some states (
                    <E T="03">e.g.,</E>
                     Massachusetts, New York, Connecticut, New Jersey) also have, and continue to implement, more restrictive harvest caps and/or other regulatory specifications than those specified by the ASMFC (ASMFC 2006, 2008, 2010, 2012, 2019, 2022d, 2023d; CTDEEP 2024; MADMF 2024; NJDEP 2024; NYSDEC 2024). Collectively, according to the information cited in the petition and readily available in our files, state and coastwide quotas implemented by the ASMFC over the last 26 years have never been exceeded (ASMFC 2000, 2001, 2004, 2006, 2008, 2010, 2012, 2022b, d, 2023b, d). Despite the continued commercial harvest of Atlantic HSCs for bait along the U.S. eastern seaboard, available population data do not support the conclusion that the level of authorized harvest in the bait fishery is causing significant population declines or that levels of harvest may pose a risk of extinction to this species. Rather, available data indicate stable to increasing population trends for most regional populations that are managed by the ASMFC along the U.S. eastern seaboard (see 
                    <E T="03">Abundance, Status, and Population Trends</E>
                    ).
                </P>
                <P>
                    The CBD petition, citing Rudloe (1982) and Smith 
                    <E T="03">et al.</E>
                     (2017), states that the Northeast-Gulf (United States) and Yucatán Peninsula (Mexico) regional populations, both outside the jurisdiction of the ASMFC, are experiencing bait harvest pressures that are impeding both populations' ability to recover from harvesting events that occurred more than 30 years ago. The petition, however, provides no information on the historical or current population size of either regional population and limited information on the bait harvest pressures experienced by these regional populations in the past 30 years. Our review of the information cited in the petition and available in our files indicate little to no bait harvest in the Northeast-Gulf Atlantic HSC regional population (identified by Smith 
                    <E T="03">et al.</E>
                     2023 as the North Central Gulf spatial unit), with Smith 
                    <E T="03">et al.</E>
                     (2017, 2023) concluding that the bait fishery poses little to no threat to Atlantic HSCs in this portion of the species' range. Along the Yucatán Peninsula, illegal harvest of Atlantic HSC as bait in the octopus fishery has been documented (Smith 
                    <E T="03">et al.</E>
                     2017, 2023; Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009) despite Mexico's prohibition on the harvesting of Atlantic HSCs. However, there is no information provided in the petition or in our files that indicates the magnitude of illegal harvesting or its impact on the continued existence of the Atlantic HSC populations in the Yucatán Peninsula (Smith 
                    <E T="03">et al.</E>
                     2017, 2023; Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009). Despite the Northeast-Gulf and Yucatán Peninsula, Mexico, regional populations experiencing some level of bait harvest pressures, available population data do not support the petition's claims that the level of harvest is causing significant population declines or that levels of harvest may pose a risk of extinction to this species. Rather, available data sources (Smith 
                    <E T="03">et al.</E>
                     2023) indicate stable to increasing population trends for the Northeast-Gulf and Yucatán Peninsula, Mexico, regional populations (see 
                    <E T="03">Abundance, Status, and Population Trends; table 3</E>
                    ).
                </P>
                <P>
                    The petitions identify biomedical harvest of Atlantic HSC as a source of overutilization. In the United States, the biomedical industry harvests Atlantic HSCs to extract blood for use in the production and manufacturing of the Limulus Amebocyte Lysate (LAL) test. The LAL test uses amebocytes harvested from Atlantic HSC blood to detect endotoxins in vaccines or other medical devices before their distribution for use. Both petitions claim that unsustainable biomedical harvest (
                    <E T="03">e.g.,</E>
                     almost 1 million Atlantic HSCs in 2022) with lethal and sublethal impacts, pre- and post-bleeding, on Atlantic HSCs pose an urgent threat to the species' survival (Gauvry 2015; Krisfalusi-Gannon 
                    <E T="03">et al.</E>
                     2018; Liao 
                    <E T="03">et al.</E>
                     2019; Marani 
                    <E T="03">et al.</E>
                     2021; World Health Organization 2023). 
                    <PRTPAGE P="7459"/>
                    The petitions claim that the post-bleeding mortality rate of Atlantic HSCs could range up to 30 percent and that mortality rates could be even higher given deaths that occur throughout the biomedical harvesting process (
                    <E T="03">e.g.,</E>
                     mortalities occurring during capture, transportation, and handling) (Anderson 
                    <E T="03">et al.</E>
                     2013; Gorman 2020; Krisfalusi-Gannon 
                    <E T="03">et al.</E>
                     2018; Leschen 
                    <E T="03">et al.</E>
                     2010; Novitsky 2015). The CBD petition further asserts that the ASMFC's continued use of a 15-percent biomedical mortality rate in its estimation of Atlantic HSC abundance in the Delaware Bay regional population results in inflated population sizes, which in turn results in unsustainable harvest specifications for this regional population.
                </P>
                <P>
                    Although the information provided in the petitions and in our files confirms the petition's claims that biomedical harvest of Atlantic HSCs has increased and that lethal and sublethal effects can occur to Atlantic HSCs pre- or post-bleeding, the petitions address only the studies with the highest post-bleeding mortality rates and, therefore, provide an unbalanced and incomplete representation of the relevant facts. For example, relying on the information cited in Anderson 
                    <E T="03">et al.</E>
                     (2013) and Leschen and Corriea (2010), the petitions claim that post-bleeding mortality rates to Atlantic HSC could be as high as 30 percent. Leschen and Corriea (2010) reported an average post bleeding mortality rate ranging from 22.5 percent to 29.8 percent, while Anderson 
                    <E T="03">et al.</E>
                     (2013) reported an average mortality rate of 17.9 percent. Our review of the information provided by the petitions and in our files indicates that there are numerous other laboratory studies completed on the post-bleeding mortality rates of Atlantic HSC, with average mortality rates never exceeding 20 percent, and most (8 out of 11) below 15 percent (DeLancey and Floyd 2012; Endosafe 1999; Hurton and Berkson 2005; Kurz James-Pirri 2002; Linesch 2017; Rudloe 1983; SCDNR 1999; Thompson 1998; Walls and Berkson 2003; Wenner and Thompson 2000; and Yadon 1999, as cited in the ASMFC 2019). The findings of these studies are not acknowledged by the petitions. The ASMFC (2024a) evaluated several recent studies on the biomedical mortality rate of Atlantic HSCs (pre- or post- bleeding) (Litzenberg 2023; Owings 
                    <E T="03">et al.</E>
                     2019, 2020; Smith 
                    <E T="03">et al.</E>
                     2020; Tinker-Kulberg
                    <E T="03">et al.</E>
                     2020a,b,c; Watson III 
                    <E T="03">et al.</E>
                     2022, as cited in ASMFC 2024a). Based on the meta-analyses of these studies, as well as those studies evaluated in ASMFC (2019), a bleeding mortality rate of 15 percent was applied by the ASMFC (2024a) in its estimation of total annual biomedical Atlantic HSC mortalities. By acknowledging only the highest post-bleeding mortality rates, the petitions provide an inaccurate and incomplete view of the post-bleeding biomedical mortality rate of Atlantic HSCs and, therefore, do not provide a balanced or complete representation of the relevant facts. Our review of the information cited in the petition and in our files indicates that the petitions' characterizations of the level of utilization as it relates to population sustainability are misleading and unsupported by the literature. Specifically, the ASMFC has incorporated anthropogenic removals, including biomedical removals, to inform the CMSA used to estimate male and female abundance in the Delaware Bay regional population, which in turn are used as inputs to the Adaptive Resource Management (ARM) Framework used to set harvest specifications in the Delaware Bay Region. According to the 2024 Atlantic HSC stock Assessment Update (ASMFC 2024a), results of the CMSA show increasing trends in male and female abundance, with the highest abundance indices within the time series (2003 through 2022) shown in 2022. Further, as provided in the 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     section, with the exception of the New York regional population, other regional populations under the jurisdiction of the ASMFC exposed to biomedical harvesting (
                    <E T="03">e.g.,</E>
                     Northeast, Delaware Bay, Southeast) have shown signs of population stability or improvement, suggesting that harvesting rates are sustainable in these affected populations.
                </P>
                <P>
                    The petitions also claim that the biomedical bleeding process results in sublethal effects (
                    <E T="03">e.g.,</E>
                     reduced reproductive fitness and mobility) to Atlantic HSC crabs released after bleeding. According to the Friends of Animals petition, these sublethal effects are causing harm to Atlantic HSCs at a population level. In support of this claim, both petitions cite Krisfalusi-Gannon 
                    <E T="03">et al.</E>
                     (2018) and Smith 
                    <E T="03">et al.</E>
                     (2017). Additionally, the CBD petition cites Novitsky (2015), while the Friends of Animals petition supports its claim by also citing Anderson 
                    <E T="03">et al.</E>
                     (2013), Ghubril (2019), and Gorman (2020). After reviewing these sources we found that five (Ghubril 2019; Gorman 2020; Novitsky 2015; Krisfalusi-Gannon 
                    <E T="03">et al.</E>
                     2018; Smith 
                    <E T="03">et al.</E>
                     2017) are literature reviews that focus primarily on the biomedical utilization of the Atlantic HSC and mortality that may result from the bleeding process. All five of these literature reviews cite to Anderson 
                    <E T="03">et al.</E>
                     (2013) to briefly mention that sublethal effects may also occur. Anderson 
                    <E T="03">et al.</E>
                     (2013) is the only source cited that examines the sublethal post-bleeding impacts to Atlantic HSC. Specifically, Anderson 
                    <E T="03">et al.</E>
                     (2013) assessed, over a period of 6 weeks, the post-bleeding behavioral (
                    <E T="03">i.e.,</E>
                     movement, activity, and circatidal rhythm) and physiological (
                    <E T="03">i.e.,</E>
                     hemocyanin concentration) effects to Atlantic HSCs under differing laboratory and outdoor conditions. That report showed that two weeks after bleeding, there were decreases in Atlantic HSC activity, movement (linear and angular velocity), and expression of circatidal rhythms from all treatment groups; however, by the third week, full recovery to pre-bleeding activity levels were reported in Atlantic HSC from the outdoor treatment group. In terms of physiological effects, 6 weeks post bleeding, Anderson 
                    <E T="03">et al.</E>
                     (2013) reported a decrease in hemocyanin concentrations in Atlantic HSC from all treatment groups. While Anderson 
                    <E T="03">et al.</E>
                     (2013) indicated that these types of sub-lethal impacts could alter Atlantic HSC breeding success post-bleeding and may “partially account for declining populations in heavily harvested regions,” the authors noted that certain treatment conditions (specifically lack of access to food in the laboratory groups) may have prolonged the stress recovery periods and, therefore, rates of behavioral or physiological recovery. The ASMFC (2019) reviewed Anderson 
                    <E T="03">et al.</E>
                     (2013) and similarly expressed concerns about treatment conditions exacerbating the outcomes of the study. The ASMFC (2019) noted that the Atlantic HSCs used in Anderson 
                    <E T="03">et al.</E>
                     (2013) were exposed to high stress conditions (
                    <E T="03">e.g.,</E>
                     prolonged (greater than four hours) heat/sun exposure, holding of Atlantic HSC out of water for more than 24 hours, starvation of laboratory animals). Additionally, none of the tests by Anderson 
                    <E T="03">et al.</E>
                     (2013) were conducted using the biomedical harvest best management practices (BMPs) developed by the ASMFC and biomedical representatives in 2011, which are used by biomedical facilities pursuant to the licensing requirements of the Food and Drug Administration (FDA) (ASMFC 2019; Novitsky 2015). The ASMFC (2019) also noted a master's thesis by Owings (2017) which found that bled crabs mated less post-release; however, similar to the previous study, the BMPs were not followed and the ASMFC concluded that additional research that adheres to BMPs was 
                    <PRTPAGE P="7460"/>
                    needed to better understand the impacts of biomedical bleeding (ASMFC 2019). Additionally, while the petitions provide a reasonable assumption that demand for LAL could increase in the coming decades to meet increasing biomedical needs as a result of declining Asian HSC populations (
                    <E T="03">i.e.,</E>
                     decreased Tachypleus Amebocyte Lysate (TAL) availability), the CBD petition also mentions that the animal-free alternative to LAL could reduce this demand (Smith 
                    <E T="03">et al.</E>
                     2023). Based on the information provided by the petitions and in our files, we are unable to draw reasonable inferences that sublethal impacts from biomedical bleeding may be contributing to extinction risk of Atlantic HSC now or in the foreseeable future.
                </P>
                <P>
                    The CBD petition identifies the “rent-a-crab” program, which refers to the dual use of Atlantic HSCs by the bait and biomedical industries, as threatening the continued survival of the species. Referring specifically to Atlantic HSC populations in Massachusetts, the CBD petition claims that Massachusetts's rent-a-crab program has caused increased mortality to Atlantic HSCs. According to the information in our files, the rent-a-crab program allows permitted bait harvesters and/or dealers to send crabs caught for the bait industry to a bleeding facility, with the crabs returned to the bait vendor after bleeding (ASMFC 2022d, 2023d, 2024b). According to the CBD petition, the rent-a-crab program creates incentive for increases in bait harvest levels in order to meet biomedical demand; however, the information provided in the petition and in our files does not support the petition's claims. For example, Atlantic HSCs used in the rent-a-crab program can be caught and landed only by permitted bait harvesters and must be counted against the bait quota of the state of origin of the harvester's permit (ASMFC 1998, 2000, 2022d, 2023d, 2024b; MADMF 2024). Additionally, all permitted harvesters participating in the rent-a-crab program must comply with that state's regulations for bait harvest, including penalties for exceeding or approaching the ASMFC and/or state's quota (
                    <E T="03">e.g.,</E>
                     closures and reduced trip limits) (ASMFC 1998, 2000, 2022d, 2023b, 2024b; MADMF 2024). The available information in our files also lacks any indication that bait quotas specified by the ASMFC or the states have been exceeded over the past several years (ASMFC 2022d, 2023b, 2024b). Additionally, information in our files indicates that Massachusetts experienced an increase in biomedical landings in 2022 as a result of the introduction of a second biomedical firm; this firm, according to Massachusetts DMF (2023), did not participate in the rent-a-crab program and sourced HSCs from biomedical harvesters. In response to the increased biomedical landings, Massachusetts put subsequent management measures in place to prevent further increases, including a biomedical processor quota and lowering their state bait quota (322 CMR 6.34, as referenced in MADMF 2024). Altogether, we do not find that the petition offers substantial scientific or commercial information that would suggest that the rent-a-crab program is a mechanism of overutilization that may be negatively affecting the continued existence of the Atlantic HSC. This is especially true when considering the overall improvement of most Atlantic HSC populations, as identified in the 
                    <E T="03">Abundance, Status, Population Trends</E>
                     section (
                    <E T="03">e.g.,</E>
                     the Northeast regional population, which includes Massachusetts, going from declining (ASMFC 2013) to neutral/mixed (ASMFC 2024a)).
                </P>
                <P>
                    The CBD petition notes that the harvesting of juvenile Atlantic HSCs in the marine life or aquarium trade is threatening the Atlantic HSC, specifically those populations in Florida. Relying on information provided by Smith 
                    <E T="03">et al.</E>
                     (2017), the petition asserts that the extensive removal of juveniles in Florida for Florida's aquarium trade “could hinder the population's ability to sustain itself.” However, the information in the petition and in our files does not support the petition's claims. For example, relying on data collected by Brockmann 
                    <E T="03">et al.</E>
                     (2015), Smith 
                    <E T="03">et al.</E>
                     (2017) report that between 2008 and 2013, 4,938 juvenile Atlantic HSCs were collected per year on the east coast of Florida, with 22,597 Atlantic HSCs collected on the west coast of Florida. Smith 
                    <E T="03">et al.</E>
                     (2017) acknowledge that although this level of harvest is small, “the magnitude of the threat from the marine-life and aquarium trade is unknown because population size is unknown.” Similar conclusions were made by Brockmann 
                    <E T="03">et al.</E>
                     (2015) and Gerhart (2007). Smith 
                    <E T="03">et al.</E>
                     (2023) provide updated estimates of harvest rates in Florida's marine life or aquarium trade. On the east coast of Florida, Smith 
                    <E T="03">et al.</E>
                     (2023) identify three regional spatial units: “Southeast: North Florida,” “Florida Atlantic: Florida Indian River” and “Florida Atlantic: Florida South.” For the “Southeast: North Florida” regional spatial unit, no known harvest of any kind has been documented. From 2013 to 2022, approximately 2,640 juvenile Atlantic HSCs were harvested in the “Florida Atlantic: Florida Indian River” regional spatial unit, and from 2012 to 2022, 7,429 juvenile Atlantic HSCs were harvested in the “Florida Atlantic: Florida South” regional spatial unit (Smith 
                    <E T="03">et al.</E>
                     2023). On the west coast of Florida, Smith 
                    <E T="03">et al.</E>
                     (2023) identify two regional spatial units: “Eastern-Gulf: Florida Southwest” and “Eastern-Gulf: Florida West.” From 2012 to 2022, approximately 179,620 juvenile Atlantic HSC crabs were harvested from the “Eastern-Gulf: Florida Southwest” regional spatial unit, and from 2013 to 2022, approximately 6,544 juvenile Atlantic HSCs were harvested in the “Eastern-Gulf: Florida West” regional spatial unit (Smith 
                    <E T="03">et al.</E>
                     2023). Taking into consideration the above, as well as information on other potential threats (
                    <E T="03">e.g.,</E>
                     overharvest, climate change, habitat loss) experienced by each of the regional spatial units identified on the east or west coasts of Florida, Smith 
                    <E T="03">et al.</E>
                     (2023) conclude that the current status of Florida's east coast regional spatial units (
                    <E T="03">i.e.,</E>
                     Southeast: North Florida, Florida Atlantic: Florida Indian River, and Florida Atlantic: Florida South) are “viable,” and for Florida's west coast regional spatial units, the current status is “viable (Eastern-Gulf: Florida Southwest)” or “functional (Eastern-Gulf: Florida West)” (table 3). Smith 
                    <E T="03">et al.</E>
                     (2023) also describe the long term (
                    <E T="03">i.e.,</E>
                     100 years) status of each of the east and west coast regional spatial units as “viable.” Aside from Florida (east and west coasts), harvest of Atlantic HSCs for the marine life or aquarium trade in other portions of the species' range is limited to absent, and no information cited in the petition or in our files indicates that the level of marine life harvest that does occur may be threatening or may be likely to threaten the continued existence of the species (Brockman 
                    <E T="03">et al.</E>
                     2015; Smith 
                    <E T="03">et al.</E>
                     2017, 2023). Considering the limited and localized impacts from the marine life or aquarium trade, as well as information regarding the overall status of Atlantic HSC populations in these regional spatial units (see 
                    <E T="03">Species Description,</E>
                     and 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     sections), we do not find that the petition offers substantial scientific or commercial information that would suggest that the harvesting of juvenile Atlantic HSC for the marine life or aquarium trade may be negatively affecting the continued existence of the Atlantic HSC throughout all or in a significant portion of the species' range.
                    <PRTPAGE P="7461"/>
                </P>
                <P>
                    Both petitions claim that Atlantic HSCs are overharvested as bycatch in commercial gillnet, trawl, and dredge fisheries operating throughout the species' range. The petitions claim that given the number of Atlantic HSCs injured or killed as bycatch during commercial fishing, the continued existence of the Atlantic HSC is threatened. The CBD petition, citing the ASMFC (2023c, d), states that “the number of dead horseshoe crabs due to discarding can vary from about a fourth to half of the number of crabs harvested for bait.” While the CBD petition is accurate in its summary of information provided in the ASMFC (2023b, c), the CBD petition does not provide a complete representation of the relevant facts. Contrary to CBD's claims, our review of the information cited in the CBD petition indicates that the bycatch metrics do not pertain to the species' range wide, but, instead, are specific to the Delaware Bay regional population and, as such, cannot be used to assess the magnitude of bycatch as a threat to the Atlantic HSC throughout all its range. Further, there is no evidence cited in the petition or in our files that indicates that bycatch and any associated discard mortality may be negatively affecting the continued existence of the Delaware Bay regional Atlantic HSC population, a population that may be a significant portion of the Atlantic HSC's range. In fact, Smith 
                    <E T="03">et al.</E>
                     (2023) state that “the severity of bycatch is expected to vary spatially but has been found overall to be negligible relative to horseshoe crab abundance and is not expected to cause declines in the Delaware Bay population where the effect of bycatch has been most closely evaluated.” Taking into consideration the above information, as well as the limited information provided in the petition on the level of discard mortality across the species' range (Smith 
                    <E T="03">et al.</E>
                     2017, 2023), we do not find that the petition offers substantial scientific or commercial information that would suggest that bycatch in commercial fisheries is a mechanism of overutilization that may be negatively affecting the continued existence of the Atlantic HSC. This determination is further supported by available population data (see 
                    <E T="03">Species Description</E>
                     and 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     sections) indicating stable to increasing trends for most Atlantic HSC populations, including the Delaware Bay regional population.
                </P>
                <P>
                    Altogether, while the petition presents information on the commercial and scientific harvest, as well as the incidental bycatch of Atlantic HSCs, sufficient information is not provided or otherwise available to indicate that the harvest and collection mechanisms identified by the petitions may cause the species to become endangered or threatened with extinction. Specifically, given the information provided in the 
                    <E T="03">Species Description</E>
                     and the 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     sections, there is no evidence that the species is at or near a level of abundance that may place its current or future persistence at risk throughout all or a significant portion of the species' range due to overutilization. Therefore, we conclude the petition does not present substantial scientific information indicating that listing may be warranted due to overutilization for commercial, recreational, scientific, or educational purposes.
                </P>
                <HD SOURCE="HD2">(C) Disease or Predation</HD>
                <P>Disease and predation are not identified as primary threats to the species in the petitions. Further, in the face of other stressors, there is no evidence in the petitions or in our files indicating that disease or predation are negatively impacting the species.</P>
                <HD SOURCE="HD2">(D) Inadequacy of Existing Regulatory Mechanisms</HD>
                <P>The CBD petition asserts the absence of federal regulations implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) has resulted in the inadequate protection of Atlantic HSCs in state and federal waters. However, the petition provides no evidence to support this assertion. It is unclear how the MSA would afford greater protections to Atlantic HSC populations relative to existing regulatory mechanisms implemented by the ASMFC pursuant to the Atlantic Coastal Fisheries Cooperative Management Act (ACA) (16 U.S.C. Ch. 71).</P>
                <P>
                    As discussed under Factor (B), 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes,</E>
                     the ASMFC and Atlantic coastal states cooperatively manage Atlantic HSC populations along the U.S. Atlantic coastline, from Maine to Florida (Atlantic), pursuant to the 1998 Atlantic HSC ISFMP and subsequent addenda. Both petitions assert that the existing regulatory mechanisms of the ASMFC and the states are failing to protect and restore Atlantic HSC populations. Specifically, the petitions assert that the ISFMP's “patch-work” of state specific harvesting measures, its use of “flawed” data and modeling methodologies, and its failure to regulate biomedical harvest of the Atlantic HSC are threatening the species' continued survival. The CBD petition also cites demographic metrics (
                    <E T="03">e.g.,</E>
                     egg density, mature female abundance, numbers of spawning Atlantic HSCs) as additional evidence of the ISFMPs' failure to protect and restore Atlantic HSC populations. Our assessment of these metrics in relation to the health of the Atlantic HSC population are provided in the 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     section above and will not be discussed further in this section.
                </P>
                <P>
                    The petitions claim that when a state strengthens its regulations (
                    <E T="03">e.g.,</E>
                     state moratorium on Atlantic HSC harvest), other states experience corresponding increases in harvest rates, thereby negating any intended conservation benefits to the species. The petitions term this behavior as “regulatory leakage.” The CBD petition further asserts that, due to regulatory leakage, all state regulations in place for Atlantic HSC have “proven inadequate to prevent further declines in horseshoe crabs.” This is an inaccurate representation of the relevant facts. While the petitions provide references to the ASMFC's 1998 Atlantic HSC ISFMP and subsequent addenda, as well as state-specific management measures, petition statements claiming the failure of these measures are unsupported. Instead, information provided in the petitions and in our files indicates that management measures have become more restrictive since the implementation of the 1998 ISFMP and, as a result, Atlantic HSC populations are beginning to demonstrate improvements. In fact, many states have, and continue to implement, stricter regulatory harvest controls than those established by the ASMFC to protect the long-term viability of the Atlantic HSC in their waters (ASMFC 2008, 2022d, 2023d, 2024b). For example, since 2006, there has been a state moratorium in New Jersey on the harvesting of Atlantic HSCs (ASMFC 2008, 2019; NJDEP 2024) and, in Massachusetts, the Department of Marine Fisheries (MADMF) has implemented numerous Atlantic HSC harvest regulations (322 CMR 6.34), including the recent (2023) harvest prohibitions within the Monomoy National Wildlife Refuge and the Cape Cod National Seashore (MADMF 2024). Additionally, in 2023, Connecticut implemented Bill no. 6484 which prohibits the hand-harvesting of Atlantic HSCs or its eggs (CTDEEP 2024), and Maryland issued regulations to prohibit catch or possession of female Atlantic HSCs (MDDNR 2024). The 
                    <PRTPAGE P="7462"/>
                    petitions' claims of leakage are contradicted by recent compliance and monitoring information which indicates that landings for the states participating in the ISFMP are well below the ASMFC established quotas, and most are well below their own state established quotas (ASMFC 2022d, 2023d, 2024b; CTDEEP 2024; FWCC 2024; GADNR 2024; MADMF 2024; MDDNR 2024; NCDMF 2024; NYSDEC 2024; RIDEM 2024; SCDNR 2024). As noted under Factor (B) 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes,</E>
                     numerous sources (
                    <E T="03">e.g.,</E>
                     Okun 2012; Smith 
                    <E T="03">et al.</E>
                     2009, 2016, 2017; Smith, J.A. 
                    <E T="03">et al.</E>
                     2022) recognize that threats of overharvest are reduced over much of the Atlantic HSC's range as a result of the ASMFC's management of the species. Smith 
                    <E T="03">et al.</E>
                     (2023) reaffirm this assertion that harvest regulations and habitat protections over much of the species' range have had a positive effect on conservation of the Atlantic HSC, noting that “effective conservation of HSCs takes the form of harvest regulations” implemented by the ASMFC and the states. Taking into consideration the information above, the petitions provide no substantial scientific or commercial information to indicate that regulatory measures implemented by the ASMFC and the states are inadequate to protect the Atlantic HSC.
                </P>
                <P>
                    The petitions assert that the continued existence of the Delaware Bay Atlantic HSC regional population is threatened by the ASMFC's use of “flawed” data and modeling methodologies to manage this regional population. Specifically, the petitions point to the ASMFC's ARM Framework, first implemented for management purposes in 2012 to set harvest specifications for the Delaware Bay regional population (ASMFC 2012), and subsequently revised in 2022 via Addendum VIII of the Atlantic HSC ISFMP (ASMFC 2022b). Part of the 2022 revisions to the ARM Framework include the incorporation of the CMSA, which estimates male and female Atlantic HSC abundance in the Delaware Bay regional population using all quantifiable sources of mortality (
                    <E T="03">i.e.,</E>
                     natural, bait, fisheries bycatch, and biomedical) as well as abundance indices provided by three trawl surveys (
                    <E T="03">i.e.,</E>
                     Virginia Tech (VT), Delaware Adult, and New Jersey Ocean Trawl) (ASMFC 2019, 2022a, b, 2024a). Citing the ASMFC (2022a), the petitions assert that only the VT Trawl Survey is designed for the purpose of estimating Atlantic HSC abundance in this regional population. The petitions also assert that the CMSA's collation and equal weighting of all three surveys results in artificially inflated population estimates, which in turn, results in skewed ARM recommendations that increase Atlantic HSC harvest thresholds in the Delaware Bay regional population, thereby preventing the population from increasing and recovering to pre-exploitation numbers (
                    <E T="03">i.e.,</E>
                     prior to the mid-19th century; see 
                    <E T="03">Abundance, Status and Population Trends</E>
                     section).
                </P>
                <P>
                    Based on our review of information cited in the petition and in our files, we find that although the petitions are correct that the VT Trawl Survey is designed specifically for the collection of Atlantic HSCs, the petitions do not provide a complete representation of the relevant facts about the VT, Delaware Adult, and New Jersey Ocean trawl surveys or the ASMFC's rationale for collating the three surveys in the CMSA. There is no evidence that the ASMFC's collation of the survey data artificially inflates population estimates to allow for larger harvest thresholds. Relative to the area encompassed by the Delaware Bay regional population (
                    <E T="03">i.e.,</E>
                     coastal waters ranging from New Jersey through Virginia (including the Delaware Bay)), the ASMFC determined that the VT trawl survey alone would likely underestimate the abundance of the Delaware Bay regional population given the spatial extent of the VT trawl survey (
                    <E T="03">i.e.,</E>
                     lower Delaware Bay and the area in the Atlantic Ocean extending from shore out to 12 nautical miles (1.85 kilometers) from 39°20′ N (Atlantic City, New Jersey) to 37°40′ N (slightly north of Wachapreague, Virginia) (Hallerman and Jiao 2021)) combined with the trawl's catch efficiency (
                    <E T="03">i.e.,</E>
                     less than 100 percent) (ASMFC 2019, 2022a). As a result, the Delaware Adult and New Jersey Ocean trawl surveys were incorporated into the CMSA to supplement the data provided by the VT Trawl Survey (ASMFC 2019, 2021; 2022a). Based on the information provided in the ASMFC (2019, 2021, 2022a) and Hallerman and Jiao (2021), as the VT, Delaware Adult, and New Jersey Ocean surveys each provide temporal (spring through winter for Delaware Adult and New Jersey Ocean trawl surveys, fall for VT trawl survey) and spatial (Delaware Adult trawl survey: Upper and Lower and Delaware Bay, at depths ranging from 7-35 m; New Jersey Ocean trawl survey: entire coast of New Jersey, extending from shore to waters beyond 12 nautical miles (1,852 meters); VT trawl survey: from Atlantic City, New Jersey, to Wachapreague, Virginia, including the lower Delaware Bay) sampling inputs not shared by the other respective surveys, the CMSA's collation of the three surveys provides a more comprehensive relative abundance estimate of the Delaware Bay regional population. As such, the collation of the three surveys is commensurate with the spatial and temporal range of the Delaware Bay regional population's range. According to the information provided in the ASMFC 2024a (table A5), the collation of the three survey data sets into the CMSA does result in higher estimates of relative abundance of Atlantic HSC than if the CMSA relied only on the data provided by VT trawl survey. However, there is no evidence provided by the petitions or in our files that indicates that these abundance estimates are overestimates of the Delaware Bay regional population of Atlantic HSC. According to information in our files, the CMSA underwent multiple peer reviews (
                    <E T="03">e.g.,</E>
                     ASMFC 2009, 2019, 2022a, 2024c), with each review concluding that the collation of the three survey's data to be a scientifically sound measure of HSC abundance (ASMFC 2024c). Further, as it relates to the weighting (
                    <E T="03">i.e.,</E>
                     degree of contribution) of each survey in the CMSA, based on numerous sensitivity runs and peer review comments, the ASMFC (2022a) modified the CMSA by removing all survey weights in its calculation of Atlantic HSC abundance so as to eliminate the possibility of double-weighting the survey inputs and to acknowledge the differences in the surveys discussed above. Based on this and the information provided above, the petitions omit relevant information, resulting in inaccurate claims about the ASMFC's consideration and treatment of available data in the CMSA. Specifically, there is no information provided in the petition or in our files that supports the petition's claims that the methodology applied in the CMSA results in artificially inflated population estimates, which, in turn, result in skewed ARM recommendations to increase harvest thresholds of the Delaware Bay regional population of Atlantic HSCs, thereby preventing this population from increasing. Information provided in the 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     section shows that, under the current CMSA and ARM recommendations, the Delaware Bay regional Atlantic HSC population has shown increasing population trends.
                </P>
                <P>
                    The CBD petition cites two expert reviews (Lipcius 2022, and Shoemaker 2022), to further support its claims that the CMSA and ARM Framework are flawed in terms of CMSA's treatment of 
                    <PRTPAGE P="7463"/>
                    survey gap years and the ARM Framework's failure to adequately account for uncertainty in mean recruitment rates). Our review of ASMFC (2022a), Lipcius (2022), and Shoemaker (2022), as well as other information provided in the petition and in our files, indicates that the ASMFC (2024c) provided technical responses to the comments received by Lipcius (2022) and Shoemaker (2022), which included detailed documentation of the errors and misconceptions provided by those reviews (
                    <E T="03">e.g.,</E>
                     inaccurate assumptions regarding female abundance, promosomal width, and recruitment rates, relative to the CMSA's total estimated Atlantic HSC population size). Additionally, the information in the petition and in our files indicates that beyond the ASMFC's consideration of the critiques provided by Lipcius (2022), and Shoemaker (2022), between 2009 through 2023, the ARM and/or CMSA underwent numerous peer and technical reviews, with the ASMFC: (1) documenting its decision-making process extensively, (2) providing detailed documentation of the comments received, (3) addressing any errors and misconceptions in received reviews (
                    <E T="03">e.g.,</E>
                     use of incorrect Atlantic HSC abundance data (sample period occurred when Atlantic HSCs are not fully available to the surveys) to subset trawl survey indices of abundance in order to estimate population trends in the Delaware Bay), and (4) explaining how the comments informed the final Framework (ASMFC 2009, 2019, 2022a, 2024c; Earthjustice 2023). The CBD petition does not acknowledge any of these documents issued by the ASFMC between 2009 to the present. Based on our review of the ASMFC (2009, 2019, 2022a, 2024c) and Earthjustice (2023), as well as other information cited in the petition and in our files, there is no evidence that indicates the ASMFC has ignored or overlooked any potential flaws in the data being used to inform the final revisions to the CMSA and the ARM Framework. Review of information in our files indicates that the ARM Revision (including the CMSA) was fully evaluated and endorsed by an independent panel of scientific experts through the ASMFC's external peer review process, with criticisms of the model, including those identified in the petition, fully addressed throughout the ARM revision process (ASMFC 2009, 2019, 2022a, 2024c). Further, contrary to the petition's claims that the ASMFC's use of flawed data in the CMSA and ARM Framework have resulted in inflated population estimates for the Delaware Bay regional population, according to the ASMFC (2024c), “HSC population trends from the ARM revision are consistent with other published values or data sources in the Delaware Bay region.” Taking into consideration the above, the CBD petition provides an unbalanced and inaccurate representation of the relevant facts, resulting in a mischaracterization of the CMSA and ARM Framework, and, in turn, inaccurate claims that the ASMFC is using risk-prone management decisions that threaten the continued survival of Atlantic HSCs of the Delaware Bay regional population. In contrast, available population data indicate an increasing population trend for this regional population under the ASMFC's current management (ASMFC 2024a; see 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     section).
                </P>
                <P>
                    The petitions assert that the Atlantic HSC ISFMP's failure to regulate the biomedical harvest and bleeding of the Atlantic HSC threatens the continued survival of the species. The petitions note that although the Atlantic HSC ISFMP states that, “if horseshoe crab mortality associated with collecting, shipping, handling, or use by the biomedical industry exceeds 57,500 horseshoe crabs per year, the Commission would reevaluate potential restrictions on horseshoe crab harvest by the biomedical industry.” While the petitions' claims that the threshold of 57,500 Atlantic HSC established in the ISFMP has been exceeded are correct, the ASMFC subsequently reevaluated the threshold and determined that harvest restrictions or a change in the threshold were not warranted (ASMFC 2022d). Specifically, the ASMFC (2022d) determined that establishment of a revised biologically based biomedical mortality threshold was not possible given the absence of a coastwide Atlantic HSC population estimate. According to the information in our files, the ASMFC also took other actions to minimize mortality and injury of Atlantic HSCs involved in the biomedical bleeding process (
                    <E T="03">i.e.,</E>
                     from harvest to post-bleeding release) as result of the exceedance of the 57,500 threshold (ASMFC 2023a). Pursuant to Addendum III of the ISFMP, the ASFMC requires all states where Atlantic HSCs are captured for biomedical use to monitor and report monthly and annually the harvest of Atlantic HSC by biomedical facilities (ASMFC 2004). Specifically, Addendum III states that “all states must identify [the] percent [of] mortality up to the point of release (including harvest, shipping, handling, and bleeding mortality), harvest method, number or percent of males and females, disposition of bled crabs and condition of holding environment of bled crabs prior to release.” Since implementation of Addendum III in 2004, the ASMFC closely monitors biomedical harvest of Atlantic HSCs and associated mortality, and accounts for biomedical mortalities to help inform management decisions of the species (
                    <E T="03">i.e.,</E>
                     CMSA and ARM Framework, see section above and Factor (B) 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes</E>
                    ). Further, as provided under the 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes</E>
                     section (Factor (B)), pursuant to the licensing requirements of the FDA, most biomedical facilities follow biomedical harvest BMPs developed by the ASMFC and biomedical representatives in 2011 to mitigate harm to bled Atlantic HSCs and, therefore, sustain the Atlantic HSC population (ASMFC 2019; Novitsky 2015). These BMPs, although not regulatory under the ISFMP, are reviewed and reassessed by the ASMFC as part of the Atlantic HSC stock assessment reports to determine if modifications to the BMPs are warranted in order to continue to meet the goals and objectives of BMPs established in 2011. Further, harvest of Atlantic HSCs for biomedical use is subject to state regulations, separate from those implemented by the ASMFC or particular states on harvest and landing of Atlantic HSC for bait (ASMFC 2023d, 2024b). Some states implement annual quotas which, once reached, close Atlantic HSC biomedical harvest (
                    <E T="03">e.g.,</E>
                     ASMFC 2024b; MADMF 2024 (including citation of 322 CMR 6.34); RIDEM 2024). Other states have biomedical or scientific permitting requirements, including revocation of biomedical permits for failure to comply with reporting mandates (
                    <E T="03">e.g.,</E>
                     Title 6 of the New York Codes, Rules and Regulations, Part 44.3 (6 NYCRR § 44.3)) or refusal to issue hand harvesting permit for scientific purposes if such harvesting will equate to harm to the Atlantic HSC population (
                    <E T="03">e.g., Connecticut House Bill No. 6484, Public Act No. 23-6</E>
                     (CTDEEP 2024)). Based on the above, the petitions provide an incomplete view of the regulatory mechanisms associated with the biomedical harvest and bleeding of the Atlantic HSC, and, as a result, do not provide sufficient scientific or commercial information to support their claims that the ISFMP's failure to regulate the biomedical harvest of the Atlantic HSC threatens the continued survival of the species. In contrast to 
                    <PRTPAGE P="7464"/>
                    their claims, under the existing regulatory mechanisms of the ISFMP and the states, available population data indicate that, with the exception of the New York regional population, all other regional Atlantic HSC populations are stable to increasing.
                </P>
                <P>
                    Although the petitions' claims of regulatory inadequacy focus on the ASMFC and the Atlantic states, the CBD petition also asserts that regulatory mechanisms to protect Atlantic HSCs are inadequate in portions of the species' range that extend beyond the jurisdiction of the ASMFC (
                    <E T="03">i.e.,</E>
                     coastal waters of western Florida, Alabama, Mississippi, Louisiana, Texas, and Yucatán Peninsula, Mexico). Along the coastal waters of western Florida, Alabama, Mississippi, Louisiana, and Texas, the CBD petition asserts that there are no Atlantic HSC harvesting regulations in place and concludes that state regulations are inadequate to protect Atlantic HSCs. However, the petition provides no scientific or commercial information to support these assertions. Although we could not find any information in our files that pertained to the petition's claims, we did identify some, albeit limited, information based on our review of Smith 
                    <E T="03">et al.</E>
                     (2023). According to Smith 
                    <E T="03">et al.</E>
                     (2023), “Gulf coastal states may enact state-specific regulations,” and that “harvest in the Gulf in the USA is regulated at the local or state levels in some locations;” however, specifics on such regulations are not provided. Additionally, Smith 
                    <E T="03">et al.</E>
                     (2023) note that there is little to no harvesting of Atlantic HSCs in this portion of the species' range; as an example, the authors note that between 2013 and 2022, approximately 2,152 adult Atlantic HSCs were harvested in coastal waters of western Florida, and there was no documented harvest in Alabama, Mississippi, or Louisiana. Although it remains unclear to what degree regulatory mechanisms exist within this portion of the species' range, the available information indicates that in some coastal waters of western Florida, Alabama, Mississippi, Louisiana, or Texas, harvest regulations do exist. Additionally, contrary to the CBD petition's claims that state regulations are inadequate to protect Atlantic HSCs in this portion of the species' range, available population data describes the Atlantic HSC populations along the coastal waters of western Florida, Alabama, Mississippi, Louisiana, and Texas as “viable” or “functional” (Smith 
                    <E T="03">et al.</E>
                     2023; refer to 
                    <E T="03">Abundance, Status, and Population Trends, table 3</E>
                    ).
                </P>
                <P>
                    The CBD petition also asserts that regulations in Mexico are inadequate to protect Atlantic HSCs throughout the Yucatán Peninsula; however, the petition provides limited information (
                    <E T="03">i.e.,</E>
                     Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009) to support this claim. Information provided indicates that Atlantic HSCs were recognized by Mexico as “in danger of extinction” in 1994, with harvesting of the species prohibited throughout the Yucatán Peninsula (Botton 
                    <E T="03">et al.</E>
                     2021; Smith 
                    <E T="03">et al.</E>
                     2023; Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009). Botton 
                    <E T="03">et al.</E>
                     (2021) and Zaldívar-Rae 
                    <E T="03">et al.</E>
                     (2009) note that within Mexico, important Atlantic HSC nesting and nursery areas have been protected by Mexico's National Commission for Natural Protected Areas since 2000. While illegal poaching still occurs in Mexico when other bait sources are scarce (Smith 
                    <E T="03">et al.</E>
                     2023; Zaldívar-Rae 
                    <E T="03">et al.</E>
                     2009), conservation activities are underway to address this threat. According to Smith 
                    <E T="03">et al.</E>
                     (2023), “stakeholders in the Yucatán Peninsula octopus fishery are currently involved in the process of third-party certification of the industry's sustainability in order to maintain access to international markets, especially in the European Union. Among the key criteria in the proposed certification process is that no horseshoe crabs are used as bait in the octopus fishery.” Taking into consideration the above protections, as well as the available data sources (Smith 
                    <E T="03">et al.</E>
                     2023) indicating stable to increasing population trends for the Yucatán Peninsula regional populations (see 
                    <E T="03">Abundance, Status, and Population Trends,</E>
                     table 3), overall, the petition does not provide substantial information regarding the existing regulatory mechanisms for the species outside of the United States or whether they are inadequate to protect the species.
                </P>
                <P>
                    Overall, the petition fails to provide substantial scientific or commercial information indicating existing regulatory mechanisms for harvest are inadequate to prevent extinction risk for Atlantic HSCs throughout all or a significant portion of its range such that listing may be warranted. To the contrary, the CBD petition notes that “bait harvest quotas have helped to slow the decline in horseshoe crab populations,” and the Friends of Animals petition states that the “FMP resulted in decreased numbers of crabs harvested as bait.” Further, scientific and commercial information provided in the petitions and in our files indicates that there has been a history of effective regulatory actions to conserve and protect Atlantic HSCs. The effectiveness of the regulatory actions is further evidenced by the stable to increasing population trends for most regional populations throughout all or a significant portion of the species' range (refer to 
                    <E T="03">Species Description</E>
                     and 
                    <E T="03">Abundance, Status, and Population Trends</E>
                    ).
                </P>
                <P>
                    The CBD petition argues that the Outer Continental Shelf Lands Act provides inadequate protections to Atlantic HSCs from threats posed from oil and gas exploration and development. Specifically, they note oil spills as a threat to the species, indicating that Delaware Bay has had nine “oil spills over the past decade” referencing Botton 
                    <E T="03">et al.</E>
                     (2009). The CBD petition also discusses oil and gas wells or pipelines which may not be properly decommissioned in the Gulf, claiming that these wells or pipelines could leak into Atlantic HSC habitat resulting in impacts to nearby populations. We addressed the threat of oil spills under Factors A and E, noting that Smith 
                    <E T="03">et al.</E>
                     (2017) found little evidence of this threat having a significant impact on Atlantic HSC populations. The likelihood of oil spill occurrence is low, and many factors influence the severity of the events (Smith 
                    <E T="03">et al.</E>
                     2023). With no further information provided by the petition, evidence to inform the degree to which unplugged oil and gas wells are impacting or may impact the species is lacking, and, therefore, whether additional regulations may be warranted to address the impact of oil and gas exploration and development on the species is uncertain.
                </P>
                <P>
                    The CBD petition asserts that the National Wildlife Refuge System Act and marine reserves provide insufficient protections to Atlantic HSCs. The petition indicates that federal protections fail to protect Atlantic HSC, as biomedical harvest occurs in refuges in the South Carolina and Georgia areas, and is allowed in the Carl N. Shuster, Jr. Horseshoe Crab Reserve in New Jersey. Hunt (2022), which is referenced by the petition, suggests that illegal harvest may be occurring at Tybee National Wildlife Refuge and at Turtle Island Wildlife Management Area; however, no information is provided as to the degree of these impacts to local Atlantic HSC populations. While the petition is correct that biomedical harvest of Atlantic HSC within the Carl N. Shuster Jr. Horseshoe Crab Reserve in New Jersey was allowed, the petition fails to acknowledge that biomedical harvest was allowed only under an Exempted Fishing Permit (EFP) issued by NMFS and that the last EFP issued was in 2016. Pursuant to 50 CFR 697.22, the NMFS Regional Administrator can issue an EFP only if the exemption will 
                    <PRTPAGE P="7465"/>
                    not have a detrimental effect on Atlantic HSC. Review of the information in our files indicates that prior to 2016, NMFS issued 15 EFPs to a biomedical facility to harvest Atlantic HSC in the Carl N. Shuster, Jr. Horseshoe Crab Reserve (66 FR 42832, August 15, 2001; 67 FR 45445, July 9, 2002; 68 FR 42360, July 17, 2003; 69 FR 31588, June 4, 2004; 70 FR 36124, June 22, 2005; 71 FR 40076, July 14, 2006; 72 FR 36427, July 3, 2007; 73 FR 31434, June 2, 2008; 74 FR 36459, July 23, 2009; 75 FR 31421, June 3, 2010; 76 FR 31941, June 2, 2011; 77 FR 55457, September 10, 2012; 78 FR 29331, May 20, 2013; 80 FR 60633, October 7, 2015; 80 FR 64397, October 23, 2015; 81 FR 56602, August 22, 2016). According to information in our files, all 15 EFPs issued by NMFS required the EFP applicant to comply with specific EFP terms and conditions, including a cap on the number of Atlantic HSCs collected annually, as well as reporting to NMFS the number of Atlantic HSC collected and the return location of all post-bled Atlantic HSC. NMFS authorized these EFPs only after taking into consideration information provided by the ASMFC. Smith 
                    <E T="03">et al.</E>
                     (2023) and the ASMFC (2019, 2024a) assess South Carolina and Georgia Atlantic HSCs under a single regional population (or spatial unit) labeled as the Southeast (or Southeast: South Carolina and Georgia); Atlantic HSCs in New Jersey are grouped as part of the mid-Atlantic Delaware Bay regional population (or spatial unit) (table 2, table 3). Bait harvest is prohibited in South Carolina and Georgia, but biomedical harvest occurs in this regional population (ASMFC 2019; Smith 
                    <E T="03">et al.</E>
                     2023). As noted in 
                    <E T="03">Abundance, Status, and Population Trends,</E>
                     the ASMFC (2019, 2024a) describes the status of the Southeast regional population as “good” (see table 2). Smith 
                    <E T="03">et al.</E>
                     (2023) describe the current status as “viable” (see table 3). Further, Smith 
                    <E T="03">et al.</E>
                     (2023) describe the “most likely” status as “ecologically functional” in the near and long term provided demands do not increase and adequate management remains in place. In the mid-Atlantic's Delaware Bay regional population (or spatial unit), which includes New Jersey, increasing population trends are reported (ASMFC 2019, 2024a; Smith 
                    <E T="03">et al.</E>
                     2023; table 2 and table 3) and long-term trends are described as most likely “viable” with continued management in place (Smith et al. 2023).
                </P>
                <P>Overall, given the information provided above, we find that the claims presented by the petitions do not comprise substantial scientific or commercial information indicating inadequacies of existing regulatory mechanisms such that a reasonable person conducting an impartial scientific review would conclude that listing may be warranted.</P>
                <HD SOURCE="HD2">(E) Other Natural or Manmade Factors</HD>
                <P>
                    In addition to pointing to the habitat impacts associated with climate change (see Factor (A) 
                    <E T="03">The Present or Threatened Destruction, Modification, or Curtailment of its Habitat or Range),</E>
                     the CBD petition asserts that climate change can result in changes to temperature, salinity, tidal patterns, and ocean acidity, which could significantly impact the species' life cycle or development. Information provided in the petition (Cheng 
                    <E T="03">et al.</E>
                     2015; Laughlin 1983; Leith 
                    <E T="03">et al.</E>
                     2021; Subramoniam 2018) focuses on how environmental factors support development of Atlantic HSCs or cue certain behaviors associated with breeding and foraging either in Atlantic HSCs or invertebrates generally. To support its claims, the CBD petition also provides information (Cheng 
                    <E T="03">et al.</E>
                     2020; IPCC 2022; NOAA 2021) on general predictions regarding changes to certain environmental factors as a result of climate change; however, the information cited does not provide species-specific information about likely impacts as a result of these factors changing. As noted in the 
                    <E T="03">Species Description,</E>
                     Atlantic HSCs are ecological generalists and occur over a wide geographic range, which corresponds to the species surviving and developing over a range of different environmental conditions. Across the range there is variation in the temperatures that cue different behaviors and local populations may respond to complex interactions between various environmental factors to initiate behaviors such as spawning (Smith 
                    <E T="03">et al.</E>
                     2017, 2023). Smith 
                    <E T="03">et al.</E>
                     (2023) acknowledge that changes in temperature might negatively affect reproductive activity in the next 100 years, especially in the southern spatial units. However, as noted earlier, the results of these effects on population status remain uncertain, particularly given other factors such as the adaptability of the species or the potential for phenological shifts (Smith 
                    <E T="03">et al.</E>
                     2017, 2023) (
                    <E T="03">see also Species Description</E>
                     and 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     sections and Factor (A) 
                    <E T="03">Present or Threatened Destruction, Modification, or Curtailment of Species Habitat or Range</E>
                    ). Accordingly, while we acknowledge the potential for the Atlantic HSC to experience impacts due to changes in environmental factors over time, we find that there is insufficient scientific or credible information to indicate the petitioned action may be warranted due to changes in these factors.
                </P>
                <P>
                    The CBD petition points to biological factors, including the Atlantic HSC's slow maturation rates and low survival to adulthood, to claim Atlantic HSCs are susceptible to overharvest and that human-driven mortality leaves this species highly vulnerable to extirpation. Although information provided in the petition does support the characterization of the Atlantic HSC as being slow to mature and as having low juvenile survival rates (
                    <E T="03">e.g.,</E>
                     3 out of 100,000 survive their first year (Gauvry 2015)), the information also indicates that the Atlantic HSC has other life history traits, such as high fecundity and adaptation to different habitats over a wide geographic range, that have supported the successful survival of this species over millions of years (ASMFC 2019; Błażejowski 2015; Gauvry 2015; Smith 
                    <E T="03">et al.</E>
                     2017, 2023). These life history traits (
                    <E T="03">e.g.,</E>
                     late maturing, high fecundity, multiple spawning events over species lifetimes) are adaptive strategies that have evolved in many marine species to compensate for high mortality rates experienced during their early life stages, thereby ensuring reproductive success in the species (Heppell 
                    <E T="03">et al.</E>
                     2005; Palumbi and Hedgecock 2005). Importantly, neither the petition nor information in our files suggests that overharvest may be occurring (see Factor (B) 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes</E>
                    ) or that current pressures may pose an extinction risk for this species throughout all or in a significant portion of the species' range. As noted in the 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     section, information in the petitions and in our files indicates that, with the exception of the New York regional population, Atlantic HSC population trends have improved throughout all or in a significant portion of the species' range, in large part due to the regulations introduced through the ASMFC's ISFMP (see also 
                    <E T="03">Species Description; Abundance, Status, and Population Trends;</E>
                     Factor (B) 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes;</E>
                     and Factor (D) 
                    <E T="03">Inadequacy of Existing Regulatory Mechanisms</E>
                     sections above) (ASMFC 2019, 2024a; Smith 
                    <E T="03">et al.</E>
                     2023).
                </P>
                <P>
                    The CBD petition asserts that genetic factors put the Atlantic HSC at risk of extinction. Specifically, the petition asserts that if a population were to be extirpated due to a major climatic event, given the sex-biased dispersal observed among the Atlantic HSC, gene flow 
                    <PRTPAGE P="7466"/>
                    alone would not be sufficient to repopulate an area due to limited female migration and larval dispersal, placing populations at risk at of extirpation. We discussed genetic factors, including sex-biased dispersal and gene flow, under the 
                    <E T="03">Species Description</E>
                     section, noting that low levels of gene exchange occur between neighboring regional units and that it is primarily mediated by male dispersal. As noted above, we found no information to suggest regional populations may be at risk of extirpation (see 
                    <E T="03">Abundance, Status and Population Trends</E>
                     section). Similar to an oil spill, Atlantic HSC populations could experience negative localized impacts depending on the temporal scope and scale due to a major climatic event; however, the likelihood of such an event occurring and resulting in extirpation are low. Further, this species is adapted to dynamic coastal environments, where life-history traits such as slow maturation help to ensure population resilience over time (Banerjee and Mitra 2017; Botton 
                    <E T="03">et al.</E>
                     2009; Botton 
                    <E T="03">et al.</E>
                     2021; Heppell 
                    <E T="03">et al.</E>
                     2005; Palumbi and Hedgecock 2005). Overall, the petition fails to present substantial scientific or commercial information indicating that genetic factors are posing a threat to the continued existence of Atlantic HSCs such that listing may be warranted.
                </P>
                <P>
                    Under “Other Natural or Manmade Factors,” the CBD petition also makes several claims related to the management of Atlantic HSCs. Specifically, CBD suggests that insufficient information about baseline populations (referred to by the petition as “shifting baseline syndrome”) has led to inadequate management targets for the species, that sex-ratios are skewed in several areas of the range as a result of overutilization of females in certain areas, and that a uniform conservation approach will fail to provide effective conservation for regional populations given niche divergence.
                    <SU>4</SU>
                    <FTREF/>
                     The petition did not provide specific information linking the lack of historical baseline information to the extinction risk of the species (see 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     section). While the petition provides information detailing skewed sex ratios for Raritan Bay and Sandy Hook, New Jersey (SCW 2023), there is insufficient information provided to support other claims (generally identified above) regarding this skewed ratio being linked to harvest in New York or overall preferential harvesting of females coastwide. Instead, information in the petitions and in our files indicates higher impacts to male Atlantic HSCs (ASMFC 2019, 2022d, 2023d, 2024a, b). For example, the AMFC's ISFMP requires states with greater than 5 percent of the coastal landings to report the Atlantic HSC sex for a portion of their bait harvest (ASMFC 2004). In 2023, the latest annual review of the fishery, this requirement applied to the states of Massachusetts, New York, Delaware, Maryland, and Virginia (east of the Convention on the International Regulations for Preventing Collisions at Sea (COLREGs) line), with the ASMFC allocating quota for male-only harvest in New Jersey, Delaware, Maryland, and Virginia (ASMFC 2024b). According to the ASMFC (2024b), in 2023, within the states of New York, Delaware, Maryland, and Virginia, 77 percent of reported bait landings were male, 5 percent were female, and 18 percent were unclassified; data for Massachusetts were not received in time for the 2023 fishing year report and, as such, were not included in the annual review of landings (ASMFC 2024b). According to the ASMFC (2024b), “reported coastwide landings since 1998 show more male than female horseshoe crabs were harvested annually.” In particular, 52.9 percent of the coastwide biomedical mortalities were reported to be males and 42.1 percent were female in 2023 (ASMFC 2024b). Further, Atlantic HSC experts point out that skewed ratios at spawning beaches may not be indicative of female population declines, as increasing male numbers on spawning beaches can be an early sign of a growing population because males mature earlier (ASMFC 2019). With regard to niche divergence, the petition claims that a one-size-fits-all approach to conservation assessments, such as the ARM Framework, will not preserve Atlantic HSCs. Information provided in the petition and in our files does not indicate that the Northeast, New York, Delaware Bay, and Southeast regional populations under the jurisdiction of the ASMFC are being uniformly managed or conserved using the ARM framework; refer back to Factor (B) 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes,</E>
                     and Factor (D) 
                    <E T="03">Inadequacy of Existing Regulatory Mechanisms</E>
                     sections where we discuss not only how this species is managed under the ASMFC, but also how the ARM Framework pertains specifically to the management of the Delaware Bay regional population. Though conservation efforts vary across the range, assessment information indicates improvements from previous years as a result of various management strategies (ASMFC 2019, 2024a; Smith 
                    <E T="03">et al.</E>
                     2017, 2023) (see also 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     section).
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         According to Zhu 
                        <E T="03">et al.</E>
                         (2020), niche divergence occurs when populations enter a new environment, and the ecological niche (role) of the species changes to adapt to the novel environment; these new adaptations may subsequently lead to natural selection and speciation over time.
                    </P>
                </FTNT>
                <P>
                    The CBD petition claims that a global HSC decline should serve as a warning for Atlantic HSC conservation and that, as noted in the Factor (B), 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes</E>
                     section, declines in Asian crab populations will cause subsequent declines in TAL production for the biomedical industry. The petition notes that the lack of TAL could shift demands to LAL and negatively impact the Atlantic HSC through increased biomedical harvest. Information provided in the petitions indicates that it is reasonable to expect that a decline in TAL could shift the world-wide demand for amebocyte lysate to the Atlantic HSC (Smith 
                    <E T="03">et al.</E>
                     2017); however, an animal-free alternative has also been developed and could stem this demand (Smith 
                    <E T="03">et al.</E>
                     2023). Given the lack of information with regard to the potential demand, we cannot draw reasoned inferences about the extinction risk to the petitioned species from this information.
                </P>
                <P>
                    Both petitions also assert that pollution (
                    <E T="03">e.g.,</E>
                     oil spills, urban runoff) of coastal and intertidal waters is contributing to the extinction risk of the species. The Friends of Animals petition claims that “oil spills during the horseshoe crab spawning season could threaten populations in the Delaware Bay” and refers to a statement in Smith 
                    <E T="03">et al.</E>
                     (2016) that “an oil spill that coincides with spawning activity, with oil washed onto spawning beaches, could be catastrophic to a local population,” to support the petition claims. However, Smith 
                    <E T="03">et al.</E>
                     (2017) state that although Delaware Bay has experienced oil spills, “the effects on the horseshoe crab population has not been evident largely because the timing and spatial extent of the spills have not overlapped with horseshoe crab spawning.” Further, contrary to the petition's assertions, the Friends of Animals petition admits “that the Atlantic HSC has not yet been affected by an oil spill” in the Delaware Bay, and that such an event is “a matter of chance.” The CBD petition also asserts that oil spills pose a threat to the Atlantic HSC, citing several pieces of information that summarize laboratory findings that suggest survival and development of early life stages may be impacted by exposure to oil (Botton and 
                    <PRTPAGE P="7467"/>
                    Itow 2009; Smith 
                    <E T="03">et al.</E>
                     2017). However, neither Bottom and Itow (2009) nor Smith 
                    <E T="03">et al.</E>
                     (2017) makes any definite conclusions about the impact of oil exposure to early life stages and population sustainability. Rather, Bottom and Itow (2009), based on the laboratory studies they evaluated, concluded that early life stages (
                    <E T="03">i.e.,</E>
                     embryos and larvae) of 
                    <E T="03">L. polyphemus</E>
                     are capable of surviving over a wide range of contaminant levels and that the declines in Atlantic HSC populations in the United States seen in the early 2000s were not related to pollution events such as oil spills. Taking into consideration the above information, neither petition provides substantial scientific evidence to support its claims that oil spills have threatened or will threaten the continued existence of Atlantic HSC throughout all or in a significant portion of the species' range.
                </P>
                <P>
                    The CBD petition identifies urban pollutants from industrial, municipal, and nonpoint sources as threatening the continued existence of Atlantic HSC by potentially causing a range of effects from death to developmental impairments to early life stages. However, while our review of the information cited in the petition indicate that laboratory studies conducted on early life stages of Atlantic HSC exposed to pollutants, such as heavy metals, did cause mortality or developmental impairments (Estes 
                    <E T="03">et al.</E>
                     2021; Burger 2023), the CBD petition provides no substantial scientific evidence to support the petition claims that Atlantic HSCs may be at risk of extinction as a result of such exposure. Considering the information provided in both petitions, we are unable to draw reasonable inferences that exposure to pollutants, either from oil spills or from industrial, municipal, and non-point sources, may be measurably impacting the extinction risk of this species throughout all or in a significant portion of the species' range.
                </P>
                <P>
                    Both petitions identify impingement on either coastal infrastructure or power plant intakes as threat to the continued existence of the Atlantic HSC; the CBD petition also identifies impingement or entrainment in dredges as a threat to the species. Although the petitions cite several examples of incidences of observed impingement of Atlantic HSCs occurring in local power plants in Florida, Maryland, and Connecticut and HSCs impinged upon coastal infrastructure (
                    <E T="03">i.e.,</E>
                     breakwaters) in localized areas of Delaware Bay or Florida, none of the examples indicate that the magnitude of the localized impingements events caused significant declines in the affected population or threatened the continued existence of the affected populations. The petitions, therefore, provide an incomplete assessment of this potential threat, and, as a result, do not provide sufficient scientific or commercial information to support their claims that impingement threatens the continued survival of the species throughout all or in a significant portion of the species' range. Citing only Ray and Clark (2010), the CBD petition also asserts that Atlantic HSC impingement and entrainment in dredges poses a potential threat to the continued existence of the species. Our review of the information provided by the petitions and in our files indicates that dredging has resulted in impacts to this species in localized areas where deepening of waterways has occurred (Ray and Clark 2010; Smith 
                    <E T="03">et al.</E>
                     2017, 2023); however, past studies, such as Ray and Clark (2010), have informed management recommendations (
                    <E T="03">e.g.,</E>
                     inclusion of observers on dredging vessels to monitor Atlantic HSC bycatch) as well as dredge mitigation strategies (
                    <E T="03">e.g.,</E>
                     temporal and spatial dredge restrictions during months of Atlantic HSC spawning) to reduce dredge entrainment and impingement impacts to Atlantic HSCs. Further, in accordance with the Fish and Wildlife Coordination Act (FWCA), NMFS provides recommendations to entities that are seeking federal permits or licenses (under the Clean Water and Rivers and Harbors Acts). Acknowledging the findings of Ray and Clark (2010), the recommendations provided by NMFS under the FWCA include seasonal restrictions on dredging activities in nearshore waters to reduce impacts to Atlantic HSCs, particularly in sensitive areas like Delaware Bay (Gorski 
                    <E T="03">et al.</E>
                     2012). Smith 
                    <E T="03">et al.</E>
                     (2023) recognizes that localized impingement threats can be reduced or prevented by engineered solutions. While incidences of dredge entrainment or impingement may have localized impacts on Atlantic HSC populations, information suggests that these threats are actively managed to reduce their impact, as evidenced by available population data indicating that most populations are stable or increasing, despite ongoing localized dredging operations, throughout all or in a significant portion of the species' range (see 
                    <E T="03">Species Description</E>
                     and 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     sections). Altogether, while we acknowledge the potential for Atlantic HSCs to experience impacts due to impingement on, or entrainment in, power plants or dredges, as well as impingement on other coastal infrastructure, we find that there is insufficient scientific or credible information to indicate the petitioned action may be warranted due to these interactions.
                </P>
                <P>
                    The Friends of Animals petition also identifies bycatch as another factor that is contributing to extinction risk to the species. We considered this claim under Factor (B) 
                    <E T="03">Overutilization for Commercial, Recreational, Scientific, or Educational Purposes,</E>
                     and provide no further information here.
                </P>
                <HD SOURCE="HD1">Petition Finding</HD>
                <P>
                    As explained in the 
                    <E T="03">Species Description</E>
                     and 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     sections, estimates of total Atlantic HSC abundance regionally or range-wide do not exist; however, the status and trends of regional populations have been described quantitatively or qualitatively based on data collected from various mechanisms (
                    <E T="03">e.g.,</E>
                     fishery independent surveys, spawning and tagging studies, recruitment rates) over the last 30 or more years. Overall, across the species' range, most regional populations are considered to be stable or increasing with the exception of the New York regional population (see 
                    <E T="03">Species Description</E>
                     and 
                    <E T="03">Abundance, Status, and Population Trends</E>
                     sections). However, there is no information provided in the petitions or in our files to suggest that the New York regional population is a significant portion of the species' range. In contrast, as previously noted, information cited in the petitions and in our files suggests that the Atlantic HSCs located within the center of the species' range, specifically, the Mid-Atlantic's Delaware Bay (a component of the Delaware Bay regional population), may be a significant portion of the species' range.
                </P>
                <P>Given the available information on the status and trends of the species, we considered each of the ESA section 4(a)(1) factors to determine whether any one of the factors may contribute significantly to the extinction risk of the species. We also considered the combination of those factors to determine whether they collectively contribute significantly to extinction risk. Based on our synthesis and integration of the foregoing information and the effects on the status of the species throughout all or in a significant portion of the species' range, we determined that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.</P>
                <P>
                    To summarize, the factors supporting this conclusion include: (1) the species 
                    <PRTPAGE P="7468"/>
                    is broadly distributed over a large geographic range, occurring along the U.S. Atlantic and Gulf coasts, to the Yucatán Peninsula, Mexico, with no marine barriers to dispersal; (2) genetic data indicate that, with the exception of the regional population at the extremes of the species' range (which show the highest degree of genetic differentiation between each other and between other regional populations within the bounds of these geographic extremes), regional populations show connectivity (low genetic differentiation) among populations, despite regional groupings; (3) there is no evidence of current overutilization (
                    <E T="03">i.e.,</E>
                     bait fishery, biomedical industry) of the species, as indicated by the stable to increasing population trends for most regional populations across the species' range (see above); (4) regulatory mechanisms implemented by the ASMFC, states, and/or the FDA have effectively managed harvesting of Atlantic HSCs for bait or biomedical purposes such that overuse of the species is currently not occurring throughout all or in a significant portion of the species' range; (5) there is no evidence that disease or predation is contributing to increasing the risk of extinction; and (6) there is no evidence that the species is currently suffering from depensatory processes (such as reduced likelihood of finding a mate or mate choice or diminished fertilization and recruitment success) or is at risk of extinction due to environmental variation or anthropogenic perturbations (
                    <E T="03">e.g.,</E>
                     coastal development) throughout all or in a significant portion of the species' range.
                </P>
                <P>
                    As such, having thoroughly reviewed the information presented in the petitions and other information readily available in our files, we conclude the petitions do not present substantial scientific or commercial information indicating that the petitioned action to list 
                    <E T="03">L. polyphemus</E>
                     as a threatened or endangered species may be warranted.
                </P>
                <HD SOURCE="HD1">References Cited</HD>
                <P>
                    A complete list of all references cited herein is available upon request (see 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section).
                </P>
                <P>
                    <E T="03">Authority:</E>
                     The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <SIG>
                    <DATED>Dated: February 10, 2026.</DATED>
                    <NAME>Samuel D. Rauch III,</NAME>
                    <TITLE>Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03198 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Patent and Trademark Office</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Patent and PTAB Pro Bono Programs</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States Patent and Trademark Office, Department of Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The United States Patent and Trademark Office (hereafter “USPTO” or “Agency”) 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. The USPTO invites comments on the information collection renewal of 0651-0082, which helps the USPTO assess the impact of its information collection requirements and minimize the reporting burden to the public. Public comments were previously requested via the 
                        <E T="04">Federal Register</E>
                         on October 22, 2025, during a 60-day comment period (90 FR 47732). This notice allows for an additional 30 days for public comments.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To ensure consideration, you must submit comments regarding this information collection on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for this information collection should be submitted within 30 days of the publication of this notice on the following website, 
                        <E T="03">http://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 information collection or the OMB Control Number, 0651-0082. Do not submit Confidential Business Information or otherwise sensitive or protected information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P/>
                    <P>
                        • This information collection request may be viewed at 
                        <E T="03">http://www.reginfo.gov.</E>
                         Follow the instructions to view the Department of Commerce, USPTO information collections currently under review by OMB.
                    </P>
                    <P>
                        • 
                        <E T="03">Email: InformationCollection@uspto.gov.</E>
                         Include “0651-0082 information request” in the subject line of the message.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Justin Isaac, Office of the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     Patent and PTAB Pro Bono Programs.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0651-0082.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The Leahy-Smith America Invents Act (AIA), Public Law 112-29 § 32 (2011) directs the USPTO to work with and support intellectual property law associations across the country in the establishment of 
                    <E T="03">pro bono</E>
                     programs designed to assist financially under-resourced independent inventors and small businesses (also referred to as “regional hubs”). To support this, the USPTO works with and supports various non-profit organizations to operate a series of autonomous regional hubs that endeavor to match under-resourced inventors with volunteer patent practitioners across the United States. The regional hubs comprise law schools, bar associations, innovation/entrepreneurial organizations, and arts-focused lawyer referral services that are strategically located to provide access to patent 
                    <E T="03">pro bono</E>
                     services across all fifty states, the District of Columbia, and Puerto Rico.
                </P>
                <P>
                    To support the purposes described above, the Patent Pro Bono Survey collects information regarding the activity of the regional hubs. The USPTO works with the Pro Bono Advisory Council (PBAC) to determine what information is necessary to evaluate the effectiveness of each regional hub's operations. The PBAC is a well-established group of patent practitioners and thought leaders in intellectual property who provide support and guidance to the regional hubs across the country. The collected data provides the USPTO with valuable information, including the number of inventor inquiries, referral sources, number of 
                    <E T="03">pro bono</E>
                     applicants successfully matched with patent practitioners, and types of patent filings. The USPTO, PBAC, and the regional hubs, are responsible for the quarterly collection of this data.
                </P>
                <P>
                    The USPTO's Patent Trial and Appeal Board (PTAB), collaborates with the PTAB Bar Association, a non-profit organization that has taken up the task of helping secure the just, speedy, and inexpensive resolution of PTAB proceedings and serves the public by coordinating 
                    <E T="03">pro bono</E>
                     opportunities. The PTAB Bar Association established a national clearinghouse that acts as a matchmaker connecting under-resourced inventors with volunteer 
                    <PRTPAGE P="7469"/>
                    patent practitioners across the United States for assistance in preparing and arguing 
                    <E T="03">ex parte</E>
                     appeals before the PTAB. The PTAB Bar Association's national clearinghouse provides nationwide access to legal representation for 
                    <E T="03">pro bono ex parte</E>
                     appeal services. The PTAB Pro Bono Program supports the purposes described above by facilitating the availability of 
                    <E T="03">pro bono</E>
                     services for proceedings before the PTAB, which the USPTO believes can help reduce the financial burden on under-resourced inventors seeking 
                    <E T="03">ex parte</E>
                     appeal assistance.
                </P>
                <P>This information collection covers the surveys used in the Patent and PTAB Pro Bono Programs. The surveys gather information about the effectiveness of the programs and how participants utilize the programs' resources. The information, at its highest level, allows the USPTO to determine whether the regional hubs and national clearinghouse are matching qualified under-resourced inventors with volunteer patent practitioners and help estimate the total economic benefit derived by under-resourced inventors in the form of donated legal services. This information also helps the USPTO determine if the regional hubs and clearinghouse are effectively serving under-resourced inventors and whether they need additional support.</P>
                <P>
                    <E T="03">Forms:</E>
                </P>
                <FP SOURCE="FP-1">• USPTO/550 (Patent Pro Bono Survey)</FP>
                <FP SOURCE="FP-1">• USPTO/552 (PTAB Pro Bono Survey)</FP>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension and revision of a currently approved information collection.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Required to obtain or retain benefits.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     Quarterly, annually.
                </P>
                <P>
                    <E T="03">Estimated Number of Annual Respondents:</E>
                     22 respondents.
                </P>
                <P>
                    <E T="03">Estimated Number of Annual Responses:</E>
                     85 responses.
                </P>
                <P>
                    <E T="03">Estimated Time per Response:</E>
                     The USPTO estimates that the responses in this information collection will take the public approximately 1.75 hours (105 minutes) to complete. This includes the time to gather the necessary information, create the document, and submit the completed item to the USPTO.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Respondent Burden Hours:</E>
                     149 hours.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Respondent Non-hourly Cost Burden:</E>
                     $0.
                </P>
                <SIG>
                    <NAME>Justin Isaac,</NAME>
                    <TITLE>Information Collections Officer, Office of the Chief Administrative Officer, United States Patent and Trademark Office.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03203 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-16-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">U.S. INTERNATIONAL DEVELOPMENT FINANCE CORPORATION</AGENCY>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE:</HD>
                    <P>Friday, February 20, 2026 10:30 a.m. (OPEN Portion) 11:00 a.m. (CLOSED Portion).</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE:</HD>
                    <P>Offices of the Corporation, Twelfth Floor Board Room, 1100 New York Avenue NW, Washington, DC.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS:</HD>
                    <P>Parts of this meeting will be open to the public. The rest of the meeting will be closed to the public.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
                    <P/>
                </PREAMHD>
                <FP SOURCE="FP-2">1. Opening Remarks</FP>
                <FP SOURCE="FP-2">2. Public Comment</FP>
                <HD SOURCE="HD1">Further Matters To Be Considered (Closed to the Public 11:00 a.m.)</HD>
                <FP SOURCE="FP-2">1. Chairman Opens Meeting</FP>
                <FP SOURCE="FP-2">2. CEO's Remarks</FP>
                <FP SOURCE="FP-2">3. Project Approvals</FP>
                <FP SOURCE="FP-2">4. Report to the Board</FP>
                <FP SOURCE="FP1-2">• Audit Committee Report</FP>
                <FP SOURCE="FP-2">5. Administrative Matters</FP>
                <FP SOURCE="FP-2">6. Executive Session</FP>
                <FP SOURCE="FP-2">7. Chairman Adjourns Meeting</FP>
                <P>
                    <E T="03">Attendance at the Open Portion of the Meeting:</E>
                     Members of the public planning to virtually attend the open portion of the Board meeting are asked to register. To attend, present at, or submit a written statement to the Board prior to the virtual public hearing, individuals must register with DFC Corporate Secretary Heather Carroll at 
                    <E T="03">corporate.secretary@dfc.gov</E>
                     by 5:00 p.m. EST, Wednesday, February 18, 2026.
                </P>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION: </HD>
                    <P>
                        Agenda subject to change. Information on the meeting may be obtained from the Corporate Secretary via email at 
                        <E T="03">corporate.secretary@dfc.gov.</E>
                    </P>
                </PREAMHD>
                <SIG>
                    <DATED> Dated: February 13, 2026.</DATED>
                    <NAME>Lisa Wischkaemper,</NAME>
                    <TITLE>Administrative Counsel, U.S. International Development Finance Corporation.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03160 Filed 2-13-26; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 3210-01-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 amend and extend for three years an information collection request with the Office of Management and Budget (OMB). The collection of information relates to DOE Loan Guarantees for Energy Projects under OMB Control No. 1910-5134.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Comments regarding this information collection revision and extension must be received on or before April 20, 2026. 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 Uchechukwu “Emeka” Eze, 1000 Independence Avenue SW, Ste. 4B-122, Washington, DC 20585-0121, telephone: (202) 586-1092, or by email at 
                        <E T="03">LPO.IFR@hq.doe.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Requests for additional information or copies of the information collection instrument and instructions should be directed to Uchechukwu “Emeka” Eze, telephone: (202) 586-1092, or by email at: 
                        <E T="03">LPO.IFR@hq.doe.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Comments are invited on:</E>
                     (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 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>
                     1910-5134;
                </P>
                <P>
                    (2) 
                    <E T="03">Information Collection Request Titled:</E>
                     DOE Loan Guarantees for Energy Projects;
                </P>
                <P>
                    (3) 
                    <E T="03">Type of Review:</E>
                     Revision and extension of a currently approved collection;
                </P>
                <P>
                    (4) 
                    <E T="03">Purpose:</E>
                     DOE's Loan Guarantees for Energy Projects program is 
                    <PRTPAGE P="7470"/>
                    implemented pursuant to Title XVII of the Energy Policy Act of 2005, as amended (Title 17). 42 U.S.C. 16511 
                    <E T="03">et seq.</E>
                     Under the Title 17 Energy Financing Program the Department of Energy may make guarantees for projects meeting the eligibility requirements set forth at 42 U.S.C. 16513 (also referred to as section 1703 of Title XVII, or the Section 1703 Program) or 42 U.S.C. 16517 (also referred to as section 1706 of Title XVII, or the Section 1706 Program; better known as the Energy Dominance Financing Program). DOE set forth regulations at 10 CFR part 609 to establish application requirements and otherwise implement the Title 17 Program.
                </P>
                <P>This information collection request covers the information necessary to evaluate those applications. The information collected will be used to analyze whether an applicant and its project is eligible under the Title 17 Program. The collection of this information is critical to ensure that the government has sufficient information to determine whether applicants meet the eligibility requirements to qualify under the Title 17 Program and to provide DOE with sufficient information to evaluate an applicant's project using the criteria specified in 10 CFR part 609;</P>
                <P>
                    (5) 
                    <E T="03">Annual Estimated Number of Respondents:</E>
                     100 Respondents;
                </P>
                <P>
                    (6) 
                    <E T="03">Annual Estimated Number of Total Responses:</E>
                     100 Responses;
                </P>
                <P>
                    (7) 
                    <E T="03">Annual Estimated Number of Burden Hours:</E>
                     13,250 Burden Hours;
                </P>
                <P>
                    (8) 
                    <E T="03">Annual Estimated Reporting and Recordkeeping Cost Burden:</E>
                     $3,371,100 (or $33,711 per Respondent).
                </P>
                <P>
                    <E T="03">Statutory Authority:</E>
                     Title XVII of the Energy Policy Act of 2005, as amended (and codified at 42 U.S.C. 16511 
                    <E T="03">et seq</E>
                    ).
                </P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    This document of the Department of Energy was signed on February 06, 2026, by Gregory Beard, Director, Office of Energy Dominance Financing, 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 February 13, 2026.</DATED>
                    <NAME>Jennifer Hartzell,</NAME>
                    <TITLE>Alternate Federal Register Liaison Officer, U.S. Department of Energy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03184 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6450-01-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>Bonneville Power Administration (BPA), 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) invites public comment on an information collection request extension that DOE is developing for submission to the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995. The information collection requests a three-year extension of its collection, titled BPA Security, OMB Control Number 1910-5188. The proposed collection will be used to determine access to BPA facilities and report incidents of damage or loss. This information is used to manage and oversee personnel and physical security programs.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Comments regarding this proposed information collection must be received on or before April 20, 2026. 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 Bonneville Power Administration, Attn: Stephanie Noell, Privacy Program, CGI-7, P.O. Box 3621, Portland, OR 97208-3621, or by email at 
                        <E T="03">privacy@bpa.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Requests for additional information or copies of the information collection instrument and instructions should be directed to Attn: Stephanie Noell, Privacy Program, by email at 
                        <E T="03">privacy@bpa.gov,</E>
                         or by phone at (503) 230-3881.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Comments are invited on:</E>
                     (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>
                     1910-5188;
                </P>
                <P>
                    (2) 
                    <E T="03">Information Collection Request Title:</E>
                     BPA Security;
                </P>
                <P>
                    (3) 
                    <E T="03">Type of Request:</E>
                     Extension;
                </P>
                <P>
                    (4) 
                    <E T="03">Purpose:</E>
                     This information collection is associated with BPA's management and oversight of access to BPA offices and facilities in order to provide measures to safeguard personnel; to prevent unauthorized access to equipment, facilities, material and documents; to safeguard against espionage, sabotage, and theft: BPA F 1400.22a—Other Utility/Contractor/Vendor Worker Access Request, BPA F 1400.22e—Non-Government Employee Data in HRMIS, BPA F 5630.04e—Security Privilege Request—for BPA Control Centers, BPA F 5632.01e—Security Incident Report, BPA F 5632.08e—Unclassified Visits and Assignments—Foreign Nationals Registration (Short Form), BPA F 5632.09e—Personal Identity Verification (PIV) Request for LSSO/Smart Credential, BPA F 5632.11a—BPA Visitor(s) Access Request—with continuation page, BPA F 5632.11e—BPA Visitor(s) Access Request, BPA F 5632.12e—Evidence/Chain of Custody Document, BPA F 5632.27e—Badge Replacement Request, BPA F 5632.30e—PIN Code Request, BPA F 5632.31—OUW PIN &amp; Challenge Question Worksheet, BPA F 5632.32e—Card Key Access Request;
                </P>
                <P>
                    (5) 
                    <E T="03">Annual Estimated Number of Respondents:</E>
                     7,491;
                </P>
                <P>
                    (6) 
                    <E T="03">Annual Estimated Number of Total Responses:</E>
                     8,508;
                </P>
                <P>
                    (7) 
                    <E T="03">Annual Estimated Number of Burden Hours:</E>
                     1,522;
                </P>
                <P>
                    (8) 
                    <E T="03">Annual Estimated Reporting and Recordkeeping Cost Burden:</E>
                     $0.
                </P>
                <P>
                    <E T="03">Statutory Authority:</E>
                     The Bonneville Project Act of 1937, 16 U.S.C 832a; and the following additional authorities: 42 U.S.C. 2165 &amp; 7101, 
                    <E T="03">et seq;</E>
                     5 CFR Chapter I parts 5 &amp; 736, E.O. 10450, E.O. 12107, E.O. 12333, E.O. 13284, E.O. 13467, E.O. 13470, E.O. 13488, E.O. 13764, FERC Order No. 706, FIPS 201-3, and HSPD 12.
                </P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    This document of the Department of Energy was signed on February 5, 2026, by Candice D. Palen, Information Collection Clearance Manager, Bonneville Power Administration, 
                    <PRTPAGE P="7471"/>
                    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 February 13, 2026.</DATED>
                    <NAME>Jennifer Hartzell,</NAME>
                    <TITLE>Alternate Federal Register Liaison Officer, U.S. Department of Energy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03165 Filed 2-17-26; 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, Savannah River Site</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Environmental Management, Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of open meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This notice announces an in-person/livestreamed meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Savannah River Site. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Tuesday, March 24, 2026; 9 a.m.-4 p.m. EDT.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Advanced Manufacturing Collaborative, 4345 Trolley Line Road, Aiken, South Carolina 29801. This meeting will be held in-person at the Advanced Manufacturing Collaborative and streamed on YouTube, no registration is necessary. The link for the livestream can be found on the following website: 
                        <E T="03">https://www.youtube.com/@SRSCAB/streams.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        James Tanner, Office of External Affairs, U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29802; Phone: (803) 646-2167; or Email: 
                        <E T="03">james.tanner@srs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Purpose of the Board:</E>
                     The purpose of the Board is to provide advice and recommendations concerning the following EM site-specific issues: clean-up activities and environmental restoration; waste and nuclear materials management and disposition; excess facilities; future land use and long-term stewardship. The Board may also be asked to provide advice and recommendations on other EM program components. The Board also provides an avenue to fulfill public participation requirements outlined in the National Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), Federal Facility Agreements, Consent Orders, Consent Decrees and Settlement Agreements.
                </P>
                <P>
                    <E T="03">Tentative Agenda:</E>
                     (agenda topics are subject to change; please contact Juanita Campbell at 
                    <E T="03">juanita.campbell@srs.gov</E>
                     for the most current agenda).
                </P>
                <FP SOURCE="FP-1">• Chair Update</FP>
                <FP SOURCE="FP-1">• Agency Updates</FP>
                <FP SOURCE="FP-1">• Program Presentations to the Board</FP>
                <FP SOURCE="FP-1">• Board Business</FP>
                <FP SOURCE="FP-1">• Public Comments</FP>
                <P>
                    <E T="03">Public Participation:</E>
                     The meeting is open to the public and public comment can be given orally or in writing. Fifteen minutes are allocated during the meeting for public comment and those wishing to make oral comment will be given a minimum of two minutes to speak. Written comments received at least two working days prior to the meeting will be provided to the members and included in the meeting minutes. Written comments received within two working days after the meeting will be included in the minutes. For additional information on public comment and to submit written comment, please contact 
                    <E T="03">srscitizensadvisoryboard@srs.gov.</E>
                     The EM SSAB, Savannah River Site, welcomes the attendance of the public at its meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact 
                    <E T="03">srscitizensadvisoryboard@srs.gov</E>
                     at least seven days in advance of the meeting.
                </P>
                <P>
                    <E T="03">Meeting Conduct:</E>
                     The Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Questioning of board members or presenters by the public is not permitted.
                </P>
                <P>
                    <E T="03">Minutes:</E>
                     Minutes will be available at the following website: 
                    <E T="03">www.cab.srs.gov.</E>
                </P>
                <P>
                    <E T="03">Signing Authority:</E>
                     This document of the Department of Energy was signed on February 13, 2026, 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 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 February 13, 2026.</DATED>
                    <NAME>Jennifer Hartzell,</NAME>
                    <TITLE>Alternate Federal Register Liaison Officer, U.S. Department of Energy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03177 Filed 2-17-26; 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, Northern New Mexico</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Environmental Management, Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of open meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This notice announces a virtual meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Thursday, March 19, 2026, 1 p.m. to 4 p.m. MDT.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>This meeting will be held virtually. To receive the virtual access information, please contact Bridget Maestas, Northern New Mexico Citizens Advisory Board (NNMCAB) Executive Director, at the telephone number or email listed below at least two days prior to the meeting.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Bridget Maestas, NNMCAB Executive Director, by Phone: 505-709-7466 or Email: 
                        <E T="03">bridget.maestas@em.doe.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Purpose of the Board:</E>
                     The purpose of the Board is to provide advice and recommendations concerning the following EM site-specific issues: clean-up activities and environmental restoration; waste and nuclear materials management and disposition; excess facilities; future land use and long-term stewardship. The Board may also be asked to provide advice and recommendations on other EM program components. The Board also provides an avenue to fulfill public participation requirements outlined in the National 
                    <PRTPAGE P="7472"/>
                    Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERLA), the Resource Conservation and Recovery Act (RCRA), Federal Facility Agreements, Consent Orders, Consent Decrees and Settlement Agreements.
                </P>
                <P>
                    <E T="03">Tentative Agenda:</E>
                     (agenda topics are subject to change; please contact Bridget Maestas for the most current agenda)
                </P>
                <FP SOURCE="FP-1">○ Presentations to the Board</FP>
                <FP SOURCE="FP-1">○ Agency Updates</FP>
                <P>
                    <E T="03">Public Participation:</E>
                     The meeting is open to the public and public comment can be given orally or in writing. Fifteen minutes are allocated during the meeting for public comment and those wishing to make oral comment will be given a minimum of two minutes to speak. Written comments received at least two working days prior to the meeting will be provided to the members and included in the meeting minutes. Written comments received within two working days after the meeting will be included in the minutes. For additional information on public comment and to submit written comment, please contact Bridget Maestas. The EM SSAB, Northern New Mexico, welcomes the attendance of the public at its meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Bridget Maestas at least seven days in advance of the meeting.
                </P>
                <P>
                    <E T="03">Meeting Conduct:</E>
                     The Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Questioning of board members or presenters by the public is not permitted.
                </P>
                <P>
                    <E T="03">Minutes:</E>
                     Minutes will be available at the following website: 
                    <E T="03">https://www.energy.gov/em/nnmcab/northern-new-mexico-citizens-advisory-board.</E>
                </P>
                <P>
                    <E T="03">Signing Authority:</E>
                     This document of the Department of Energy was signed on February 13, 2026, 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 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 February 13, 2026.</DATED>
                    <NAME>Jennifer Hartzell,</NAME>
                    <TITLE>Alternate Federal Register Liaison Officer, U.S. Department of Energy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03178 Filed 2-17-26; 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 Instituting Proceedings</HD>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP26-480-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Northern Natural Gas Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     4(d) Rate Filing: 20260211 Negotiated Rate Filing to be effective 2/12/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/11/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260211-5112.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/23/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP26-481-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southern Star Central Gas Pipeline, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     4(d) Rate Filing: Fuel Filing—Eff. April 1, 2026 to be effective 4/1/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/11/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260211-5117.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/23/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP26-482-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Iroquois Gas Transmission System, L.P.
                </P>
                <P>
                    <E T="03">Description:</E>
                     4(d) Rate Filing: 2.12.26 Negotiated Rates—Radiate Energy LLC R-8115-07 to be effective 2/12/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5020.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/24/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP26-483-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Northwest Pipeline LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     4(d) Rate Filing: Modernization and Emissions Reduction Program CRM for Year 2026 to be effective 4/1/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5046.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/24/26.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03173 Filed 2-17-26; 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. 9951-057]</DEPDOC>
                <SUBJECT>STS Hydropower, LLC; Charter Township of Van Buren, Michigan; Notice of Reasonable Period of Time for Water Quality Certification Application</SUBJECT>
                <P>
                    On February 4, 2026 the Michigan Department of Environment, Great Lakes, and Energy (Michigan EGLE) submitted to the Federal Energy Regulatory Commission (Commission) notice that it received a request for a Clean Water Act section 401(a)(1) water quality certification as defined in 40 CFR 121.5, from STS Hydropower, LLC and Charter Township of Van Buren, Michigan, in conjunction with the above captioned project on February 3, 2026. Pursuant to the Commission's regulations,
                    <SU>1</SU>
                    <FTREF/>
                     we hereby notify Michigan EGLE of the following dates.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         18 CFR 5.23(b)(2).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Date of Receipt of the Certification Request:</E>
                     February 3, 2026.
                </P>
                <P>
                    <E T="03">Reasonable Period of Time to Act on the Certification Request:</E>
                     One year, February 3, 2027.
                </P>
                <P>If Michigan EGLE fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).</P>
                <EXTRACT>
                    <PRTPAGE P="7473"/>
                    <FP>(Authority: 18 CFR 2.1)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03113 Filed 2-17-26; 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. 9951-057]</DEPDOC>
                <SUBJECT>STS Hydropower, LLC; Charter Township of Van Buren, Michigan; Notice of Intent To Prepare an Environmental Assessment</SUBJECT>
                <P>On April 29, 2025, STS Hydropower, LLC and the Charter Township of Van Buren, Michigan filed a relicense application for the 1.65-megawatt French Landing Hydroelectric Project No. 9951. The project is located on the Huron River in Wayne County, Michigan.</P>
                <P>
                    In accordance with the Commission's regulations, on December 3, 2025, Commission staff issued a notice that the project was ready for environmental analysis (REA notice). Based on the information in the record, including comments filed on the REA notice, staff does not anticipate that licensing the project would constitute a major federal action significantly affecting the quality of the human environment. Therefore, staff intends to prepare an environmental assessment (EA) on the application to relicense the project.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         For tracking purposes under the National Environmental Policy Act, the unique identification number for documents relating to this environmental review is EAXX-019-20-000-1767605540.
                    </P>
                </FTNT>
                <P>The EA will be issued and circulated for review by all interested parties. All comments filed on the EA will be analyzed by staff and considered in the Commission's final licensing decision.</P>
                <P>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>The application will be processed according to the following schedule. The EA will be issued for a 30-day comment period. Revisions to the schedule may be made as appropriate.</P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s50,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Milestone </CHED>
                        <CHED H="1">Target date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Commission issues EA</ENT>
                        <ENT>December 8, 2026.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    Any questions regarding this notice may be directed to Rebecca Brodeur by telephone at (202) 502-8392 or by email at 
                    <E T="03">rebecca.brodeur@ferc.gov.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 18 CFR 2.1)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03114 Filed 2-17-26; 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. IC26-12-000]</DEPDOC>
                <SUBJECT>Commission Information Collection Activity (FERC-730); 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-730: Report of Transmission Investment Activity.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the collections of information are due April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Please submit comments via email to 
                        <E T="03">DataClearance@FERC.gov.</E>
                         You must specify the Docket No. (IC26-12-000) and the FERC Information Collection number (FERC-730) 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, addressed to:</E>
                         Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand (including courier) delivery to:</E>
                         Federal Energy Regulatory 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>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kayla Williams may be reached by email at 
                        <E T="03">DataClearance@FERC.gov,</E>
                         or by telephone at (202) 502-6468.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     FERC-730, Report of Transmission Investment Activity.
                </P>
                <P>
                    <E T="03">OMB Control No.:</E>
                     1902-0239.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Three-year extension of the FERC-730 information collection requirements with no changes to the current reporting requirements.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     This collection of information assists the Commission in implementing section 219 of the Federal Power Act (FPA) 
                    <SU>1</SU>
                    <FTREF/>
                     and 18 CFR 35.35(h), which address incentive-based rate treatments for transmission infrastructure investment. FERC-730 consists of an annual report that includes recent year actual transmission investment, projections of annual investments for the following five years, details on the level and status of transmission investment, and the reasons for delay (if any).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         16 U.S.C. 824s.
                    </P>
                </FTNT>
                <P>The regulation at 18 CFR 35.35(h) requires public utilities that have been granted incentive rate treatment for specific transmission projects to file FERC Form-730 annually, beginning with the calendar year incentive rate treatment is granted by the Commission. Such filings are due by April 18 of the following calendar year and are due April 18 each year thereafter. The following information must be filed:</P>
                <P>(1) In dollar terms, actual transmission investment for the most recent calendar year, and projected, incremental investments for the next five calendar years; and</P>
                <P>(2) For all current and projected investments (except projects with projected costs less than $20 million) over the next five calendar years, a project-by-project listing that specifies for each project: details of the transmission project, the most up-to-date expected completion date; percentage completion as of the date of filing; and reasons for any delays.</P>
                <P>For good cause shown, the Commission may extend the time within which any FERC-730 filing is to be filed or waive the requirements applicable to any such filing.</P>
                <P>The Commission uses the FERC-730 information collection to determine an accurate assessment of the state of transmission investment by public utilities.</P>
                <P>
                    <E T="03">Type of Respondents:</E>
                     Public utilities that have been granted incentive-based rate treatment for specific transmission projects under provisions of 18 CFR 35.35.
                </P>
                <P>
                    <E T="03">Estimate of Annual Burden:</E>
                     
                    <SU>2</SU>
                    <FTREF/>
                     The Commission estimates 64 responses 
                    <PRTPAGE P="7474"/>
                    annually, and per-response burdens of 30 hours and $3,060. The total estimated burdens per year are 1,920 hours and $195,840. These burdens are itemized in the following table:
                </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. For further explanation of what is included in the information collection burden, refer to 5 CFR 1320.3.
                    </P>
                </FTNT>
                <GPOTABLE COLS="6" OPTS="L2(,0,),nj,tp0,p7,7/8,i1" CDEF="s50,12,21,xs64,xs80,21">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            A.
                            <LI>Number of respondents</LI>
                        </CHED>
                        <CHED H="1">
                            B.
                            <LI>Annual</LI>
                            <LI>number of</LI>
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            C.
                            <LI>Total number</LI>
                            <LI>of responses</LI>
                        </CHED>
                        <CHED H="1">
                            D.
                            <LI>Average burden &amp;</LI>
                            <LI>
                                cost per response 
                                <SU>3</SU>
                            </LI>
                        </CHED>
                        <CHED H="1">
                            E.
                            <LI>Total annual burden</LI>
                            <LI>hours &amp; total</LI>
                            <LI>annual cost</LI>
                        </CHED>
                        <CHED H="1">
                            F.
                            <LI>Cost per respondent</LI>
                            <LI>($)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25"> </ENT>
                        <ENT/>
                        <ENT>(Column A × Column B)</ENT>
                        <ENT/>
                        <ENT>(Column C × Column D)</ENT>
                        <ENT>(Column E ÷ Column A)</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">64</ENT>
                        <ENT>1</ENT>
                        <ENT>64</ENT>
                        <ENT>30 hours; $3,060</ENT>
                        <ENT>1,920 hours; $195,840</ENT>
                        <ENT>$3,060</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Totals</ENT>
                        <ENT/>
                        <ENT>64</ENT>
                        <ENT/>
                        <ENT/>
                        <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 $102.00 ($213,003 annually) FY 2026 average hourly cost for wages and benefits.
                    </P>
                </FTNT>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03174 Filed 2-17-26; 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>Sunshine Act Meetings</SUBJECT>
                <P>The following notice of meeting is published pursuant to section 3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C. 552b:</P>
                <PREAMHD>
                    <HD SOURCE="HED">AGENCY HOLDING MEETING:</HD>
                    <P>Federal Energy Regulatory Commission.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE:</HD>
                    <P>February 19, 2026, 10:00 a.m.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE:</HD>
                    <P>Room 2C, 888 First Street NE, Washington, DC 20426. Open to the public.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS:</HD>
                    <P>Open.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
                    <P>Agenda.</P>
                    <P>
                        * 
                        <E T="03">Note</E>
                        —Items listed on the agenda may be deleted without further notice.
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
                    <P>Debbie-Anne A. Reese, Secretary, Telephone (202) 502-8400. For a recorded message listing items stricken from or added to the meeting, call (202) 502-8627.</P>
                    <P>
                        This is a list of matters to be considered by the Commission. It does not include a listing of all documents relevant to the items on the agenda. All public documents, however, may be viewed online at the Commission's website at 
                        <E T="03">https://elibrary.ferc.gov/eLibrary/search</E>
                         using the eLibrary link.
                    </P>
                </PREAMHD>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="xs36,r100,r200">
                    <TTITLE>133rd—MEETING</TTITLE>
                    <TDESC>[Open; February 19, 2026; 10:00 a.m.]</TDESC>
                    <BOXHD>
                        <CHED H="1">Item No.</CHED>
                        <CHED H="1">Docket No.</CHED>
                        <CHED H="1">Company</CHED>
                    </BOXHD>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Administrative</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">A-1</ENT>
                        <ENT>AD26-1-000</ENT>
                        <ENT>Agency Administrative Matters.</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">A-2</ENT>
                        <ENT>AD26-2-000</ENT>
                        <ENT>Customer Matters, Reliability, Security and Market Operations.</ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Electric</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">E-1</ENT>
                        <ENT>EC25-43-001</ENT>
                        <ENT>Constellation Energy Corporation, Constellation Energy Generation, LLC and Calpine Corporation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-2</ENT>
                        <ENT>EL10-56-000</ENT>
                        <ENT>Western Electricity Coordinating Council.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-3</ENT>
                        <ENT>EL26-25-000</ENT>
                        <ENT>
                            <E T="03">Stay Ready Solar 1 Inc., Stay Ready Solar 2 Inc. and Stay Ready Solar 3 Inc.</E>
                             v. 
                            <E T="03">Entergy New Orleans, Inc.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-4</ENT>
                        <ENT>QF19-881-005</ENT>
                        <ENT>Branch Street Solar Partners, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>QF13-22-005</ENT>
                        <ENT>Picture Rocks Solar, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>QF13-653-005</ENT>
                        <ENT>Sol Orchard San Diego 21, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>QF13-654-005</ENT>
                        <ENT>Sol Orchard San Diego 22, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>QF13-655-005</ENT>
                        <ENT>Sol Orchard San Diego 23, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>QF13-656-005</ENT>
                        <ENT>Sol Orchard San Diego 20, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>QF15-719-006</ENT>
                        <ENT>Klamath Falls Solar 2, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-5</ENT>
                        <ENT>ER26-698-000, TS26-2-000</ENT>
                        <ENT>Great Bend Solar, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-6</ENT>
                        <ENT>RD26-1-000, RD26-2-000, RD26-3-000, (not consolidated)</ENT>
                        <ENT>North American Electric Reliability Corporation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-7</ENT>
                        <ENT>ER21-64-002</ENT>
                        <ENT>Macquarie Energy LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-8</ENT>
                        <ENT>ER21-2649-002</ENT>
                        <ENT>Macquarie Energy LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-9</ENT>
                        <ENT>ER21-2459-002</ENT>
                        <ENT>Tenaska Power Services Co.</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">E-10</ENT>
                        <ENT>ER21-2382-002</ENT>
                        <ENT>Shell Energy North America (US), L.P.</ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <PRTPAGE P="7475"/>
                        <ENT I="21">
                            <E T="02">Gas</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">G-1</ENT>
                        <ENT>PL23-1-000</ENT>
                        <ENT>Oil Pipeline Affiliate Committed Service.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">G-2</ENT>
                        <ENT>RP25-1189-000</ENT>
                        <ENT>
                            <E T="03">Baltimore Gas and Electric Company</E>
                             v. 
                            <E T="03">Transcontinental Gas Pipe Line Company, LLC.</E>
                        </ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">G-3</ENT>
                        <ENT>RP25-966-000</ENT>
                        <ENT>
                            <E T="03">Jay-Bee Production Company</E>
                             v. 
                            <E T="03">Texas Gas Transmission, LLC.</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Hydro</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">H-1</ENT>
                        <ENT>RM26-7-000</ENT>
                        <ENT>Categorical Exclusion under the National Environmental Policy Act for Certain Terminations or Revocations of Water Power Licenses or Exemptions.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">H-2</ENT>
                        <ENT>CX26-1-000</ENT>
                        <ENT>Order Adopting Categorical Exclusions from Tennessee Valley Authority under the National Environmental Policy Act.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">H-3</ENT>
                        <ENT>P-6055-008</ENT>
                        <ENT>Jeffersonville Hydroelectric Co.</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">H-4</ENT>
                        <ENT>P-5698-025</ENT>
                        <ENT>Triton Power Company.</ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Certificates</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">C-1</ENT>
                        <ENT>CP25-495-000</ENT>
                        <ENT>National Fuel Gas Supply Corporation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">C-2</ENT>
                        <ENT>RM25-9-001</ENT>
                        <ENT>Removal of Regulations Limiting Authorizations to Proceed with Construction Activities Pending Rehearing.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    A free webcast of this event is available through the Commission's website. Anyone with internet access who desires to view this event can do so by navigating to 
                    <E T="03">www.ferc.gov'</E>
                    s Calendar of Events and locating this event in the Calendar. The Federal Energy Regulatory Commission provides technical support for the free webcasts. Please call (202) 502-8680 or email 
                    <E T="03">customer@ferc.gov</E>
                     if you have any questions.
                </P>
                <P>Immediately following the conclusion of the Commission Meeting, a press briefing will be held in the Commission Meeting Room. Members of the public may view this briefing in the designated overflow room. This statement is intended to notify the public that the press briefings that follow Commission meetings may now be viewed remotely at Commission headquarters but will not be telecast.</P>
                <SIG>
                    <DATED>Issued: February 12, 2026.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03171 Filed 2-13-26; 11:15 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. 2082-074]</DEPDOC>
                <SUBJECT>PacifiCorp; Notice Reopening Comment Period</SUBJECT>
                <P>On August 22, 2025, PacifiCorp filed a non-capacity amendment application for Klamath Hydroelectric Project No. 2082. The project is located on the Klamath River and Fall Creek, in Klamath County, Oregon, and Siskiyou County, California. The project occupies federal lands managed by the U.S. Bureau of Reclamation.</P>
                <P>On January 6, 2026, Commission staff issued public notice of the application and requested comments, motions to intervene and protests, and established a due date for any responses to be filed by February 5, 2026.</P>
                <P>On February 5, 2026, the Department of Interior (Interior) filed a request to extend the comment period to allow for additional time for review and to determine its potential effects on the multiple interests represented by Interior. Interior requests that the comment period be extended until February 27, 2026.</P>
                <P>We have reviewed the request and are reopening the comment period. The deadline for filing comments, interventions, and protests is February 27, 2026, 5:00 p.m. Eastern Time.</P>
                <P>
                    The Commission strongly encourages electronic filing. Please file comments using the Commission's eFiling system at 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling.asp.</E>
                     Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at 
                    <E T="03">http://www.ferc.gov/docs-filing/ecomment.asp.</E>
                     For assistance, please contact FERC Online Support. In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P-77-332.
                </P>
                <P>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>
                    For further information, contact Diana Shannon at 202-502-6136 or 
                    <E T="03">diana.shannon@ferc.gov.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 18 CFR 2.1)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03175 Filed 2-17-26; 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. CP26-83-000]</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 February 3, 2026, Florida Gas Transmission Company, LLC (FGT), 1300 Main Street, Houston, Texas 77002, filed in the above referenced docket, a prior notice request 
                    <PRTPAGE P="7476"/>
                    pursuant to sections 157.205 and 157.208(f)(2) 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 Port Everglades delivery facilities located in Broward County, Florida (Port Everglades MAOP Reduction Project). The project will allow FGT to maintain compliance with Pipeline and Hazardous Materials Safety Administration regulations. The project will not affect FGT's system capacity or 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.
                </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 Iain Russell, Senior Manager of Certificates, 1300 Main Street, Houston, Texas 77002, (713) 989-2615 or by email at 
                    <E T="03">iain.russell@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 April 13, 2026. How to file protests, motions to intervene, and comments is explained below.</P>
                <P>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation (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 April 13, 2026. 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 April 13, 2026. 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 April 13, 2026. 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 CP26-83-000 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 CP26-83-000.
                    <PRTPAGE P="7477"/>
                </P>
                <P>
                    <E T="03">To file via USPS:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.
                </P>
                <P>
                    <E T="03">To file via any other method:</E>
                     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: Iain Russell, Senior Manager of Certificates, 1300 Main Street, Houston, Texas 77002, or by email (with a link to the document) at 
                    <E T="03">iain.russell@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 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 OPP at (202) 502-6595 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>
                <P>
                    <E T="03">Authority:</E>
                     18 CFR 2.1.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03117 Filed 2-17-26; 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>
                     EG26-150-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Rocky Forge Wind, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Rocky Forge Wind, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5023.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>Take notice that the Commission received the following electric rate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER10-1852-126; ER10-2641-055; ER19-774-017.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Stanton Clean Energy, LLC, Oleander Power Project, Limited Partnership, Florida Power &amp; Light Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Non-Material Change in Status of Florida Power &amp; Light Company, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/3/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260203-5174.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/24/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER12-979-017; ER12-2542-009; ER14-2858-011; ER15-2615-007; ER16-2577-007.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Lindahl Wind Project, LLC, Goodwell Wind Project, LLC, Origin Wind Energy, LLC, Prairie Rose Wind, LLC, Rocky Ridge Wind Project, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Non-Material Change in Status of Rocky Ridge Wind Project, LLC, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     1/30/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260130-5596.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/20/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER14-2709-033; ER15-30-033; ER18-2314-022; ER25-1440-004; ER20-2603-018; ER20-780-018; ER20-2597-018; ER25-2358-002; ER24-2802-003; ER13-2474-030; ER20-2237-018; ER26-96-002; ER19-2495-020; ER25-554-006; ER25-2646-002; ER26-97-002; ER18-2032-024; ER25-1315-004; ER20-637-018; ER19-2513-020; ER19-2513-021.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Wilton Wind Energy II, LLC, Wilton Wind Energy I, LLC, Willow Creek Wind Project, LLC, Wildcat Ranch Wind Project, LLC, Wildcat Ranch Wind Energy, LLC, Wildcat Ranch Energy Storage, LLC, Wild Plains Wind Project, LLC, Wessington Springs Wind, LLC, Webb Road Energy Storage, LLC, Weatherford Wind, LLC, Steele Flats Wind Project, LLC, Steele Flats Wind I, LLC, Steele Flats Energy Storage, LLC, Soldier Creek Wind, LLC, Sooner Wind, LLC, Skeleton Creek Wind, LLC, Skeleton Creek Energy Center, LLC, Sholes Wind Energy, LLC, Seiling Wind Interconnection Services, LLC, Seiling Wind II, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Change in Status of Armadillo Flats Wind Energy, LLC, et al. Part 3 of 3.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     1/30/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260130-5599.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/20/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER17-105-014; ER22-2703-010; ER17-104-014; ER21-2330-007; ER21-2331-007; ER15-1019-014; ER17-556-012; ER10-1362-013; ER23-2469-007; ER12-2639-017; ER11-3959-015; ER21-2333-007; ER12-726-015; ER18-2158-009; ER25-2533-001; ER25-2532-001; ER21-2336-007.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Tecolote Wind LLC, SunZia Wind South LLC, SunZia Wind North LLC, Stillwater Wind, LLC, Spring Valley Wind LLC, Red Cloud Wind LLC, Post Rock Wind Power Project, LLC, Ocotillo Express LLC, Lost Creek Wind, LLC, Hatchet Ridge Wind, LLC, Grady Wind Energy Center, LLC, Fowler Ridge IV Wind Farm LLC, Duran Mesa LLC, Clines Corners Wind Farm LLC, Broadview Energy KW, LLC, Pattern Energy Management Services LLC, Broadview Energy JN, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Change in Status of Broadview Energy JN, LLC, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/3/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260203-5172.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/24/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER20-2446-009.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Bitter Ridge Wind Farm, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Info Filing Pursuant to Sched 2 of PJM OATT &amp; Request for Confidential Treatment to be effective N/A.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/11/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260211-5135.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/4/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2715-002; ER25-127-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Wheatsborough Solar, LLC, Timbermill Wind, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Change in Status of Timbermill Wind, LLC, et al.
                </P>
                <P>Filed Date: 2/4/26.</P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260204-5180.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/25/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-2794-009; ER18-2182-025; ER12-895-039; ER20-1907-017; ER21-2149-016; ER21-2699-017; ER26-90-002; ER18-2066-019; ER11-4462-120; ER17-838-094; ER10-1951-097; ER16-1509-010; ER25-2356-002; ER16-2241-028; ER25-3000-001; ER20-2648-017; ER25-2357-002; ER20-792-018; ER24-2792-008; ER16-2297-029; ER26-91-002; ER25-1255-002; ER14-2710-035; ER15-58-033; ER25-2415-002; ER26-92-003; ER25-2691-001; ER25-3240-002; ER25-3012-002; ER25-3218-002; ER20-1991-018; ER24-2793-008; ER18-1981-024; ER26-94-002; ER26-95-002; ER16-1440-029; ER25-3219-002; ER25-2612-002; ER25-2611-002; ER19-1128-018; 
                    <PRTPAGE P="7478"/>
                    ER25-3014-002; ER16-2240-029; ER14-2708-036; ER25-1314-004.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Seiling Wind Energy II, LLC, Seiling Wind, LLC, Rush Springs Wind Energy, LLC, Rush Springs Solar, LLC, Rush Springs Energy Storage, LLC, Rumble Solar, LLC, Rumble Energy Storage, LLC, Roy Solar, LLC, Roswell Solar, LLC, Roswell Energy Storage, LLC, Pratt Wind Energy, LLC, Pratt Wind, LLC, Ponderosa Wind II, LLC, Ponderosa Wind, LLC, Pioneer Creek Wind Project, LLC, Pierce County Energy Center, LLC, Persica Solar, LLC, Panhandle Solar, LLC, Panhandle Energy Storage, LLC, Panama Energy Center, LLC, Palo Duro Wind Interconnection Services, LLC, Palo Duro Wind Energy, LLC, Palo Duro Wind, LLC, Palo Duro Energy Storage, LLC, Osborn Wind Energy, LLC, Oliver Wind IV, LLC, Oklahoma Wind, LLC, Northern Divide Energy Storage, LLC, Northern Divide Wind, LLC, Ninnescah Wind Renewables, LLC, Ninnescah Wind Energy, LLC, Ninnescah Flats Solar, LLC, New Wave Energy Corp, NextEra Energy Services Massachusetts, LLC, NextEra Energy Marketing, LLC,NEPM II, LLC, Minco Wind IV, LLC, Minco Wind Energy IV, LLC, Minco Wind Energy III, LLC, Minco Wind Energy II, LLC, Minco Wind I, LLC, Minco Wind Interconnection Services, LLC, Minco IV &amp; V Interconnection, LLC, Minco II Energy Storage, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Change in Status of Armadillo Flats Wind Energy, LLC, et al Part 2 of 3.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     1/30/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260130-5598.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/20/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-85-003; ER18-2118-025; ER20-2179-017; ER25-2414-002; ER21-1990-014; ER26-8-003; ER16-2453-030; ER16-2190-029; ER16-2191-029; ER24-2791-005; ER25-1311-004; ER15-1925-031; ER15-2676-032; ER25-1312-002; ER16-1672-031; ER22-2516-010; ER26-87-002; ER25-3239-002; ER13-712-040; ER17-2152-026; ER20-1986-016; ER18-882-027; ER10-1849-039; ER21-2296-015; ER10-1852-125; ER10-1952-022; ER11-2642-032; ER22-1982-015; ER24-2794-008; ER23-2629-010; ER26-88-002; ER20-2064-018; ER12-1228-040; ER21-2225-016; ER16-2275-028; ER16-2276-028; ER25-2996-001; ER25-2998-001; ER21-2117-016; ER26-93-002; ER18-2003-024; ER26-89-002; ER25-1285-003; ER14-2707-035.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Mammoth Plains Wind Project, LLC, Mammoth Plains Wind, LLC, Lorenzo Wind Energy, LLC, Lorenzo Wind, LLC, Lorenzo Energy Storage, LLC, Little Blue Wind Project, LLC, Kingman Wind II, LLC, Kingman Wind I, LLC, Kingman Wind Energy II, LLC, Kingman Wind Energy I, LLC, Irish Creek Wind, LLC, High Majestic Wind II, LLC, High Majestic Wind I, LLC, High Majestic Wind Energy II, LLC, High Banks Wind, LLC, Minco II Energy Storage, LLC, Great Prairie Wind, LLC,FPL Energy South Dakota Wind, LLC, Gray County Wind Energy, LLC, Florida Power &amp; Light Company, Ensign Wind Energy, LLC, Elk City Wind, LLC, Elk City Renewables II, LLC, Day County Wind I, LLC, Cottonwood Wind Project, LLC, Cimarron Wind Energy, LLC, Cimarron Wind, LLC, Chaves Energy Storage, LLC, Chaves County Solar II, LLC, Chaves County Solar, LLC, Cedar Bluff Wind Energy, LLC, Cedar Bluff Wind, LLC, Breckinridge Wind Project, LLC, Breckinridge Wind, LLC, Breckinridge Energy Storage, LLC, Brady Wind II, LLC, Brady Wind, LLC, Brady Interconnection, LLC, Anticline Energy Storage, LLC, Blackwell Wind Energy, LLC, Beaver Creek Solar, LLC, Baldwin Wind Energy, LLC, Armadillo Flats Wind Project, LLC, Armadillo Flats Wind Energy, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Change in Status of Armadillo Flats Wind Energy, LLC, et al. Part 1 of 3.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     1/30/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260130-5597.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/20/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-557-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Portland General Electric Company. 
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Amended PGE BPA MO &amp;O Agreement—Re-file to be effective 2/1/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5118.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1342-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     NorthWestern Corporation.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: RS 329—Notice of Termination LGIA with GB Energy to be effective 2/12/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/11/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260211-5128.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/4/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1343-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 2198R40 Kansas Power Pool NITSA NOA to be effective 12/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5006.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1344-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original GIA No. 7839; Project Identifier No. AG1-320 to be effective 1/14/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03"/>
                    Accession Number: 20260212-5016.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1345-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     American Transmission Systems, Incorporated.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: ATSI submits a Construction Agmt—SA No. 7281 to be effective 4/14/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5017.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1346-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 4619 NextEra Energy Resources Interconnection Holdings GIA to be effective 1/29/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5033.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1347-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original NUCRA, Network Upgrade No. n9680.0; Service Agreement No. 7850 to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5037.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1348-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     FL Solar 5, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: FL Solar 5 LLC Amended Tariff Filing to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5052.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1349-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Independent System Operator, Inc., WPPI Energy.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: WPPI Energy submits tariff filing per 35.13(a)(2)(iii: 2026-02-12_WPPI Energy Revisions to Return on Equity (ROE) to be effective 2/13/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5053.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1350-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     FL Solar 8, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: FL Solar 8 LLC Amended Tariff Filing to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5054.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1351-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Arizona Public Service Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Service Agreement No. 424—Notice of Cancellation to be effective 4/14/2026.
                    <PRTPAGE P="7479"/>
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5072.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1352-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 607R50 Evergy Kansas Central, Inc. NITSA NOA to be effective 12/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5076.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1353-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Duke Energy Florida, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: DEF-SECI—Revised Rate Schedule No. 226 to be effective 5/1/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5078.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1354-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original NUCRA, Network Upgrade No. n9521.0, SA No. 7854 to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5090.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1355-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Independent System Operator, Inc.,1803 ELECTRIC COOPERATIVE, INC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 1803 ELECTRIC COOPERATIVE, INC. submits tariff filing per 35.13(a)(2)(iii: 2026-02-12_1803 Cooperative TO Integration to be effective 6/1/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5091.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1356-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original GIA, SA No. 7860; Project Identifier No. AF2-068 to be effective 4/14/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5102.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1357-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Trans Bay Cable LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Trans Bay Cable TRBAA Filing to be effective 1/1/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5103.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1358-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Amendment to GIA, SA No. 7410; Project Identifier No. AG1-189 to be effective 4/14/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5104.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1359-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Tucson Electric Power Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Service Agreement No. 625 to be effective 1/13/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5124.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1360-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original NUCRA, Network Upgrade No. n9116.0, Service Agreement No. 7863 to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5127.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1361-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     RBC EP 3 Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Initial Rate Filing: Baseline new to be effective 2/13/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5130.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1362-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     RBC EP 2 Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Normal filing 2026 to be effective 2/13/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5133.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1363-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Base Retail, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Base Retail LLC Application for Market-Based Rate Authorization to be effective 3/9/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5136.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-1364-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original NUCRA, Network Upgrade No. n9119.0, Service Agreement No. 7864 to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/12/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260212-5139.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/5/26.
                </P>
                <P>Take notice that the Commission received the following electric securities filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ES26-30-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     ISO New England Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Application Under Section 204 of the Federal Power Act for Authorization to Issue Securities of ISO New England Inc.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/10/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260210-5189.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/3/26.
                </P>
                <P>Take notice that the Commission received the following public utility holding company filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     PH26-10-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Apollo Global Management, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Apollo Global Management, Inc. et al., submits FERC 65-B Notice of Change in Fact to Waiver Notification.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/3/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260203-5173.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 2/24/26.
                </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>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03172 Filed 2-17-26; 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. 3603-018]</DEPDOC>
                <SUBJECT>City of Aspen; Notice of Revised Schedule for Environmental Assessment</SUBJECT>
                <P>
                    On September 25, 2024, as supplemented on May 20, 2025, City of Aspen filed an application Non-capacity Amendment of License for the Ruedi Hydroelectric Project No. 3603. The project is located at the Ruedi Dam and reservoir of the U.S. Department of 
                    <PRTPAGE P="7480"/>
                    Interior's Bureau of Reclamation on the Fryingpan River in Pitkin and Eagle counties, Colorado.
                </P>
                <P>The licensee proposes to build a 22 by 28-foot powerhouse, add an additional 110 feet of new 30-inch penstock, install a second turbine and generator unit with the capacity of 1.2 Megawatt, construct a new 48 by 48-inch, 60-foot concrete tailrace, add a 24-inch diameter bypass line within the powerhouse, and modernize the electrical system. The licensee states that all the modifications are within the existing project boundary.</P>
                <P>
                    On July 29, 2025, the Commission issued a Notice of Intent that informed the public that Commission staff plans to issue an Environmental Assessment (EA) 
                    <SU>1</SU>
                    <FTREF/>
                     by August 5, 2026. Commission staff is revising the schedule to issue an EA by March 27, 2026. The EA will be issued for a 30-day comment period. Revisions to the schedule may be made as appropriate. All comments filed on the EA will be reviewed by staff and considered in the Commission's final decision on the proceeding.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The unique identification number for documents relating to this environmental review is EAXX-019-20-000-1750060234.
                    </P>
                </FTNT>
                <P>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>
                    Any questions regarding this notice may be directed to Maryam Akhavan at (202) 502-6110 or 
                    <E T="03">Maryam.Akhavan@ferc.gov.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 18 CFR 2.1)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03115 Filed 2-17-26; 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. 8315-017]</DEPDOC>
                <SUBJECT>Eagle Creek Sartell Hydro, LLC; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions</SUBJECT>
                <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.</P>
                <P>
                    a. 
                    <E T="03">Type of Application:</E>
                     New Major License.
                </P>
                <P>
                    b. 
                    <E T="03">Project No.:</E>
                     8315-017.
                </P>
                <P>
                    c. 
                    <E T="03">Date filed:</E>
                     February 28, 2023.
                </P>
                <P>
                    d. 
                    <E T="03">Applicant:</E>
                     Eagle Creek Sartell Hydro, LLC.
                </P>
                <P>
                    e. 
                    <E T="03">Name of Project:</E>
                     Sartell Hydroelectric Project (project).
                </P>
                <P>
                    f. 
                    <E T="03">Location:</E>
                     On the Mississippi River in Stearns and Benton Counties, Minnesota.
                </P>
                <P>
                    g. 
                    <E T="03">Filed Pursuant to:</E>
                     Federal Power Act 16 U.S.C. 791(a)-825(r).
                </P>
                <P>
                    h. 
                    <E T="03">Applicant Contact:</E>
                     Jody Smet, Senior Vice President Regulatory Affairs, Chief Compliance Officer, Eagle Creek Sartell Hydro, LLC, 7315 Wisconsin Avenue, Suite 1100W, Bethesda, MD 20814; phone: (804) 382-1764; 
                    <E T="03">jody.smet@eaglecreekre.com.</E>
                </P>
                <P>
                    i. 
                    <E T="03">FERC Contact:</E>
                     Michael Davis at (202) 502-8339; or 
                    <E T="03">michael.davis@ferc.gov.</E>
                </P>
                <P>
                    j. 
                    <E T="03">Deadline for filing motions to intervene and protests, comments, recommendations, terms and conditions, and prescriptions:</E>
                     on or before 5:00 p.m. Eastern Time on April 13, 2026; reply comments are due on or before 5:00 p.m. Eastern Time on May 28, 2026.
                </P>
                <P>
                    The Commission strongly encourages electronic filing. Please file motions to intervene and protests, comments, recommendations, terms and conditions, and prescriptions using the Commission's eFiling system at 
                    <E T="03">https://ferconline.ferc.gov/FERCOnline.aspx.</E>
                     Commenters can submit brief comments up to 10,000 characters, without prior registration, using the eComment system at 
                    <E T="03">https://ferconline.ferc.gov/QuickComment.aspx.</E>
                     For assistance, please contact FERC Online Support at 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All filings must clearly identify the project name and docket number on the first page: Sartell Hydroelectric Project (P-8315-017).
                </P>
                <P>The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.</P>
                <P>k. This application has been accepted and is ready for environmental analysis at this time.</P>
                <P>
                    l. 
                    <E T="03">The existing project consists of the following:</E>
                     (1) a 46-foot-high dam with four sections, including: (a) a radial Tainter-type gate section and bascule gate section, (b) a concrete non-overflow dam section, (c) an overflow spillway, and (d) an earthen embankment; (2) a 2,350.5-acre reservoir with a normal surface elevation of 1,015 feet National Geodetic Vertical Datum 1929; (3) a powerhouse containing 11 generating units for a combined capacity of 8.95 megawatts; (4) a step-up transformer; and (5) a 715-foot-long transmission line.
                </P>
                <P>
                    m. In addition to publishing the full text of this notice 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 notice, as well as other documents in the proceeding (
                    <E T="03">e.g.,</E>
                     license application) via the internet through the Commission's website at 
                    <E T="03">http://www.ferc.gov</E>
                     using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at FERCOnlineSupport. A copy is also available for inspection and reproduction at the address in item h above.
                </P>
                <P>n. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.</P>
                <P>
                    All filings must (1) bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS”, “TERMS AND CONDITIONS”, or “PRESCRIPTIONS”; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply 
                    <PRTPAGE P="7481"/>
                    with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
                </P>
                <P>
                    You may also register online at 
                    <E T="03">https://ferconline.ferc.gov/FERCOnline.aspx</E>
                     to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.
                </P>
                <P>
                    o. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>p. A license applicant must file the following on or before 5:00 p.m. Eastern Time April 13, 2026: (1) a copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification.</P>
                <EXTRACT>
                    <FP>(Authority: 18 CFR 2.1)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03176 Filed 2-17-26; 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. 2459-279]</DEPDOC>
                <SUBJECT>Lake Lynn Generation, LLC; Notice of Availability of Environmental Assessment</SUBJECT>
                <P>
                    In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380, the Office of Energy Projects has reviewed the application for a new license to continue to operate and maintain the Lake Lynn Hydroelectric Project No. 2459 (project). The 51.2-megawatt project is located on the Cheat River, near the City of Morgantown, in Monongalia County, West Virginia, and near the Borough of Point Marion, in Fayette County, Pennsylvania. Commission staff has prepared an Environmental Assessment (EA) for the project.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         For tracking purposes under the National Environmental Policy Act, the unique identification number for documents relating to this environmental review is EAXX-019-20-000-1740488411.
                    </P>
                </FTNT>
                <P>The EA contains the staff's analysis of the potential environmental effects of the project and concludes that relicensing the project, with appropriate environmental protective measures, would not constitute a major federal action that would significantly affect the quality of the human environment.</P>
                <P>
                    The Commission provides all interested persons with an opportunity to view and/or print the EA via the internet through the Commission's Home Page (
                    <E T="03">http://www.ferc.gov/</E>
                    ), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field, to access the document. For assistance, contact FERC Online Support at 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     or at (866) 208-3676 (toll-free), or (202) 502-8659 (TTY).
                </P>
                <P>
                    You may also register online at 
                    <E T="03">https://ferconline.ferc.gov/FERCOnline.aspx</E>
                     to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.
                </P>
                <P>Any comments should be filed on or before 5:00 p.m. Eastern Time on March 13, 2026.</P>
                <P>
                    The Commission strongly encourages electronic filing. Please file comments using the Commission's eFiling system at 
                    <E T="03">https://ferconline.ferc.gov/FERCOnline.aspx.</E>
                     Commenters can submit brief comments up to 10,000 characters, without prior registration, using the eComment system at 
                    <E T="03">https://ferconline.ferc.gov/QuickComment.aspx.</E>
                     For assistance, please contact FERC Online Support. In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P-2459-279.
                </P>
                <P>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595, or at 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>
                    For further information, contact Allan Creamer at (202) 502-8365, or by email at 
                    <E T="03">allan.creamer@ferc.gov.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 18 CFR 2.1)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03116 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <DEPDOC>[EPA-HQ-OFA-2026-1322; FRL OPRM-FAD-210]</DEPDOC>
                <SUBJECT>Notice of Intent To Prepare a Programmatic Environmental Assessment; Initiation of Public Scoping Under the National Environmental Policy Act; Initiation of Consultation Under Section 106 of the National Historic Preservation Act; and Notice of Intent To Develop a Section 106 Programmatic Agreement With the Alaska State Historic Preservation Officer</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA), Region 10; Alaska Operations Office.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of intent to prepare a programmatic environmental assessment; initiation of public scoping under the National Environmental Policy Act; initiation of consultation under section 106 of the National Historic Preservation Act; and notice of intent to develop a section 106 programmatic agreement with the Alaska State Historic Preservation Officer.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        EPA Region 10 intends to prepare a programmatic Environmental Assessment (EA) pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347, to evaluate the potential environmental and sociocultural effects of the EPA Contaminated Alaska Native Claims Settlement Act (ANCSA) Lands Assistance Program. The program provides funding to eligible Alaska Native Regional and Village Corporations, Federally Recognized Tribes in Alaska, Alaska Native Nonprofit Associations, Alaska Native Nonprofit Organizations and Alaskan Inter-Tribal Consortia (“applicants”) to 
                        <PRTPAGE P="7482"/>
                        investigate and remediate contamination present on ANCSA-conveyed lands at the time of conveyance. Through this notice, EPA is initiating scoping to help identify the scope of analysis, reasonable alternatives, and information sources, with particular attention to sociocultural issues tied to: (1) archaeological preservation and historic properties, including sacred sites and traditional cultural places; (2) protected subsistence resources and uses; and, (3) wetlands and associated aquatic resources. Concurrently, and pursuant to Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108) and its implementing regulations at 36 CFR part 800, EPA is initiating consultation with the Alaska State Historic Preservation Officer (SHPO), Federally Recognized Tribes in Alaska, Alaska Native corporations, and other consulting parties for the Contaminated ANCSA Lands Assistance Program. EPA intends to develop a Section 106 Programmatic Agreement (PA) under 36 CFR 800.14(b) with the Alaska SHPO and invited signatories and concurring parties to establish program-wide procedures for identifying, evaluating, and resolving effects to historic properties potentially affected by representative assessment and cleanup actions funded under the program. The EA will consider potential direct, indirect, and reasonably foreseeable impacts of representative cleanup actions funded under the program and will inform whether a Finding of No Significant Impact (FONSI) is appropriate or whether preparation of an Environmental Impact Statement (EIS) is warranted.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The scoping period begins upon publication of this notice. Scoping comments must be received on or before March 20, 2026. Requests to participate as a consulting party in Section 106 consultation and initial input on the scope and content of the Programmatic Agreement should be submitted on or before March 20, 2026. Tribal consultations will be held upon request.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may send comments, identified by Docket ID No. EPA-HQ-OFA-2026-1322, by any 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:</E>
                         ANCSA Program Team at 
                        <E T="03">ancsa@epa.gov.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         U.S. Environmental Protection Agency, Region 10, ANCSA Program, 222 W 7th Ave. Suite 537, Anchorage, Alaska 99513.
                    </P>
                    <P>
                        Comments received may be posted without change to 
                        <E T="03">https://www.regulations.gov/,</E>
                         including any personal information provided. For detailed instructions on sending comments and additional information on the notice, see the “Public Participation” heading of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Lauren Boldrick, Program Manager, Alaska Operations Office, EPA Region 10; email: 
                        <E T="03">boldrick.lauren@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background and Purpose</HD>
                <P>The Alaska Native Claims Settlement Act (ANCSA) of 1971 conveyed approximately 46 million acres of land and monetary compensation to Alaska Native regional and village corporations. Some lands conveyed under ANCSA were contaminated prior to conveyance with substances such as arsenic, asbestos, lead, mercury, pesticides, polychlorinated biphenyls (PCBs), and petroleum products. These contaminants pose risks to human health, wetlands and aquatic resources, and subsistence resources important to Alaska Native communities.</P>
                <P>Congress appropriated funding in fiscal year 2023 for EPA to establish and implement a grant program to assist applicants with addressing contamination on ANCSA lands that was present at the time of conveyance. EPA's program supports assessment and cleanup actions in compliance with applicable federal and state laws and regulations.</P>
                <P>EPA intends to prepare this programmatic EA, and, to the extent permitted by law, so that the agency may assume the federal responsibilities for NEPA compliance and associated consultations and reviews to alleviate regulatory burden for applicants receiving cooperative agreements under this program. In coordination with the responsible agencies, EPA's environmental review includes consultation (formal and informal) and coordination for wetlands protection and compliance under the Clean Water Act (CWA); Section 106 of the National Historic Preservation Act (NHPA); Endangered Species Act; Marine Mammal Protection Act; and Essential Fish Habitat.</P>
                <P>Consistent with 36 CFR part 800, EPA is initiating NHPA Section 106 consultation for the Contaminated ANCSA Lands Assistance Program and intends to develop a Programmatic Agreement under 36 CFR 800.14(b) with the Alaska SHPO as a signatory, and with invited signatories and concurring parties including Federally Recognized Tribes in Alaska, Alaska Native corporations, and federal partners as appropriate. The PA is expected to: (1) define how areas of potential effects will be established for representative actions; (2) establish standards and procedures for identification and evaluation of historic properties, including archaeological sites, sacred sites, and traditional cultural places; (3) set avoidance, minimization, and mitigation measures; and codify inadvertent discovery and unanticipated effects protocols, including stop-work, notification, and coordination procedures; (4) address confidentiality of sensitive cultural resource information, consistent with NHPA Section 304 and other applicable authorities; and (5) provide for monitoring, reporting, curation, training, and dispute resolution.</P>
                <P>While the programmatic EA and PA are expected to streamline and tier site-specific reviews and relieve recipients of significant permitting and consultation burdens, some projects may still require additional permits or authorizations. For example, certain activities may trigger permitting under CWA Section 404 in which case any such permitting decisions will be made by the U.S. Army Corps of Engineers, which EPA has invited to participate as a cooperating agency. Additionally, EPA has invited the Formerly Used Defense Sites (FUDS) Program, to participate as a cooperating agency because of USACE's extensive experience with contaminated-site cleanups in Alaska and its federal archaeological and cultural resources subject-matter expertise, including Section 106 compliance.</P>
                <P>EPA is inviting the State of Alaska to participate as a cooperating agency in the development of this EA because all ANCSA contaminated sites will be cleaned to the appropriate State of Alaska cleanup standards, with respect to other relevant state laws and regulations specific to the site.</P>
                <P>
                    EPA is issuing cooperative agreements under the Contaminated ANCSA Lands Assistance Program. At present, Federal environmental reviews and compliance process is often complex and unclear to EPA's cooperative agreement recipients. Through EPA's extensive work in Alaska, Region 10 also recognizes that many cooperative agreement recipients lack the environmental and legal resources to complete environmental reviews and consultations in an expeditious manner. Understanding these distinct issues, this programmatic EA and the accompanying Section 106 
                    <PRTPAGE P="7483"/>
                    Programmatic Agreement are intended to reduce those barriers and provide a more efficient and consistent pathway to environmental compliance and site closure to fulfill EPA's directive from Congress to continue Federal efforts to resolve long-standing issues surrounding Indigenous land claims in Alaska.
                </P>
                <HD SOURCE="HD1">II. Proposed Action and Alternatives</HD>
                <P>EPA proposes to implement the Contaminated ANCSA Lands Assistance Program through financial assistance to eligible entities for activities such as site assessment and characterization; removal actions; remediation and stabilization; debris and hazardous materials management; institutional controls; and associated community engagement and training. The programmatic EA will evaluate:</P>
                <P>
                    1. 
                    <E T="03">No Action Alternative</E>
                     (continuing awards or cleanup activities under the program as is).
                </P>
                <P>
                    2. 
                    <E T="03">Proposed Action Alternative</E>
                     (environmental compliance efforts undertaken by cooperative agreement recipients are significantly reduced).
                </P>
                <P>
                    3. 
                    <E T="03">Reasonable variations or mitigation approaches</E>
                     (
                    <E T="03">e.g.,</E>
                     enhanced avoidance buffers and seasonal work windows near sensitive cultural sites, subsistence use areas, and wetlands).
                </P>
                <HD SOURCE="HD1">III. Key Issues for Scoping</HD>
                <P>EPA requests input on the following topics and any additional issues or data sources relevant to the EA:</P>
                <P>
                    <E T="03">Archaeological and cultural resources:</E>
                     identification, evaluation, and protection of historic properties and archaeological sites; development of the Section 106 Programmatic Agreement under 36 CFR 800.14(b); compliance with Section 106 of the National Historic Preservation Act; Tribal consultation; confidentiality of sensitive site information; inadvertent discovery protocols; and avoidance, minimization, and mitigation measures.
                </P>
                <P>
                    <E T="03">Protected subsistence resources and uses:</E>
                     effects on fish, wildlife, marine mammals, plants, and habitats that support subsistence uses protected under applicable federal laws (
                    <E T="03">e.g.,</E>
                     ANILCA Title VIII), including potential changes to access, timing, distribution, or abundance; beneficial effects from hazard reduction; and measures to avoid or minimize disruption to subsistence activities.
                </P>
                <P>
                    <E T="03">Wetlands and aquatic resources:</E>
                     potential temporary and long-term impacts on wetlands and waters (including hydrology, habitat, and water quality); compliance with the Clean Water Act and Executive Order 11990 (Protection of Wetlands); avoidance and minimization practices; and best management practices for work in or near wetlands and surface waters.
                </P>
                <P>
                    <E T="03">Sociocultural and community considerations:</E>
                     community health and well-being; preservation of traditional cultural landscapes; equity in benefits from cleanup; community engagement and communication approaches; and cumulative impacts.
                </P>
                <P>
                    <E T="03">Additional resource areas:</E>
                     threatened and endangered species; air quality; noise; land use; and waste management practices relevant to representative cleanup actions.
                </P>
                <HD SOURCE="HD1">IV. Cooperating and Consulting Agencies and Entities</HD>
                <P>EPA invites federal and state agencies, Federally Recognized Tribes, and Alaska Native corporations with jurisdiction or special expertise to participate as cooperating agencies, as appropriate. EPA has invited the U.S. Army Corps of Engineers to participate as a cooperating agency, particularly regarding potential Clean Water Act Section 404 permitting, its extensive experience with contaminated-site cleanups in Alaska and its federal archaeological and cultural resources subject-matter expertise, including Section 106 compliance.</P>
                <P>EPA is also inviting the State of Alaska to participate as a cooperating agency, because of the State's significant interest and respective legal authority.</P>
                <P>For NHPA Section 106, EPA is initiating consultation with the Alaska SHPO and invites Federally Recognized Tribes in Alaska, Alaska Native corporations, and other parties with demonstrated interest or expertise to participate as consulting parties in the development of the Programmatic Agreement and in subsequent reviews tiered to the PA. EPA will notify and invite the Advisory Council on Historic Preservation (ACHP) to participate in the PA, as appropriate, pursuant to 36 CFR 800.6(a). EPA will fulfill consultation responsibilities, including under Section 106 of the National Historic Preservation Act and Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments), and will coordinate, as applicable, with the Alaska State Historic Preservation Officer, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and other relevant agencies.</P>
                <HD SOURCE="HD1">V. Public Scoping Process and Comments</HD>
                <P>Submittal EPA seeks comments that identify issues, data, and reasonable alternatives or mitigation measures to inform the EA and initial input to inform the Section 106 Programmatic Agreement. If you are commenting, we request that you please address the following factors:</P>
                <P>
                    1. 
                    <E T="03">Describe the specific topic or location</E>
                     and, if available, provide supporting data or references.
                </P>
                <P>
                    2. 
                    <E T="03">Identify any seasonal or cultural considerations</E>
                     (
                    <E T="03">e.g.,</E>
                     subsistence harvest periods, cultural use areas) that may inform timing and methods for cleanup.
                </P>
                <P>
                    3. 
                    <E T="03">Note any potential public health or safety concerns and suggest best practices</E>
                    .
                </P>
                <P>In addition, EPA invites requests from individuals and organizations that seek consulting party status under Section 106 for this program. Requests should briefly describe the requester's interest and expertise and any relevant area(s) of concern. EPA will consider such requests consistent with 36 CFR 800.2(c)(5). EPA intends to make a draft Programmatic Agreement available for public review; a notice of availability will be posted to the docket identified below, and public comments will be accepted prior to execution of the PA.</P>
                <HD SOURCE="HD2">Written Comments</HD>
                <P>The scoping period begins upon publication of this notice. Scoping comments must be received on or before March 20, 2026. Requests to participate as a consulting party in Section 106 consultation and initial input on the scope and content of the Programmatic Agreement should be submitted on or before March 20, 2026. Tribal consultations will be held upon request.</P>
                <P>You may send comments, identified by Docket ID No. EPA-HQ-OFA-2026-1322, by any 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:</E>
                     ANCSA Program Team at 
                    <E T="03">ancsa@epa.gov.</E>
                </P>
                <P>
                    • 
                    <E T="03">Mail:</E>
                     U.S. Environmental Protection Agency, Region 10, ANCSA Program, 222 W 7th Ave. Suite 537, Anchorage, Alaska 99513.
                </P>
                <P>
                    Comments received may be posted without change to 
                    <E T="03">https://www.regulations.gov/,</E>
                     including any personal information provided. To the maximum extent authorized by law, EPA will protect from disclosure sensitive cultural resource information under NHPA Section 304 and other applicable authorities. EPA will announce availability of the Draft EA and the draft Programmatic Agreement for public review in a future 
                    <E T="04">Federal Register</E>
                     notice.
                </P>
                <SIG>
                    <PRTPAGE P="7484"/>
                    <DATED>Dated: February 11, 2026.</DATED>
                    <NAME>Tami Fordham,</NAME>
                    <TITLE>Director, Alaska Operations Office, EPA Region 10.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03106 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <DEPDOC>[FR ID: 330971]</DEPDOC>
                <SUBJECT>Privacy Act of 1974; Matching Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Communications Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of a new matching program.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        In accordance with the Privacy Act of 1974, as amended (“Privacy Act”), this document announces a new computer matching program the Federal Communications Commission (“FCC” or “Commission” or “Agency”) and the Universal Service Administrative Company (USAC) will conduct with the Indiana Family and Social Services Administration Division of Family Resources. The purpose of this matching program is to verify the eligibility of applicants to and subscribers of Lifeline, and the Affordable Connectivity Program (ACP), both of which are administered by USAC under the direction of the FCC. More information about these programs is provided in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section below.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments are due on or before March 20, 2026. This computer matching program will commence on March 20, 2026, and will conclude after 18 months.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Send comments to Shana Yates, FCC, 45 L Street NE, Washington, DC 20554, or to 
                        <E T="03">Privacy@fcc.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Shana Yates at (202) 418-0683 or 
                        <E T="03">Privacy@fcc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Lifeline program provides support for discounted broadband and voice services to low-income consumers. Lifeline is administered by the Universal Service Administrative Company (USAC) under FCC direction. Consumers qualify for Lifeline through proof of income or participation in a qualifying program, such as Medicaid, the Supplemental Nutritional Assistance Program (SNAP), Federal Public Housing Assistance, Supplemental Security Income (SSI), Veterans and Survivors Pension Benefit, or various Tribal-specific federal assistance programs.</P>
                <P>In the Consolidated Appropriations Act, 2021, Public Law 116-260, 134 Stat. 1182, 2129-36 (2020), Congress created the Emergency Broadband Benefit Program, and directed use of the National Verifier to determine eligibility based on various criteria, including the qualifications for Lifeline (Medicaid, SNAP, etc.). EBBP provided $3.2 billion in monthly consumer discounts for broadband service and one-time provider reimbursement for a connected device (laptop, desktop computer or tablet). In the Infrastructure Investment and Jobs Act, Public Law 117-58, 135 Stat. 429, 1238-44 (2021) (codified at 47 U.S.C. 1751-52), Congress modified and extended EBBP, provided an additional $14.2 billion, and renamed it the Affordable Connectivity Program (ACP). A household may qualify for the ACP benefit under various criteria, including an individual qualifying for the FCC's Lifeline program.</P>
                <P>
                    In a Report and Order adopted on March 31, 2016, (81 FR 33026, May 24, 2016) (
                    <E T="03">2016 Lifeline Modernization Order</E>
                    ), the Commission ordered USAC to create a National Lifeline Eligibility Verifier (“National Verifier”), including the National Lifeline Eligibility Database (LED), that would match data about Lifeline applicants and subscribers with other data sources to verify the eligibility of an applicant or subscriber. The Commission found that the National Verifier would reduce compliance costs for Lifeline service providers, improve service for Lifeline subscribers, and reduce waste, fraud, and abuse in the program.
                </P>
                <P>The Consolidated Appropriations Act of 2021 directs the FCC to leverage the National Verifier to verify applicants' eligibility for ACP. The purpose of this matching program is to verify the eligibility of Lifeline and ACP applicants and subscribers by determining whether they receive SNAP and Medicaid benefits administered by the Indiana Family and Social Services Administration Division of Family Resources.</P>
                <HD SOURCE="HD1">Participating Agencies</HD>
                <P>Indiana Family and Social Services Administration Division of Family Resources (source agency); Federal Communications Commission (recipient agency) and Universal Service Administrative Company.</P>
                <HD SOURCE="HD1">Authority for Conducting the Matching Program</HD>
                <P>The authority to conduct the matching program for the FCC's ACP is 47 U.S.C. 1752(a)-(b). The authority to conduct the matching program for the FCC's Lifeline program is 47 U.S.C. 254(a)-(c), (j).</P>
                <HD SOURCE="HD1">Purpose(s)</HD>
                <P>The purpose of this new matching agreement is to verify the eligibility of applicants and subscribers to Lifeline, as well as to ACP and other Federal programs that use qualification for Lifeline as an eligibility criterion. This new agreement will permit eligibility verification for the Lifeline program and ACP by checking an applicant's/subscriber's participation in SNAP and Medicaid in Indiana Family and Social Services Administration Division of Family Resources. Under FCC rules, consumers receiving these benefits qualify for Lifeline discounts and also for ACP benefits.</P>
                <HD SOURCE="HD1">Categories of Individuals</HD>
                <P>The categories of individuals whose information is involved in the matching program include, but are not limited to, those individuals who have applied for Lifeline and/or ACP benefits; are currently receiving Lifeline and/or ACP benefits; are individuals who enable another individual in their household to qualify for Lifeline and/or ACP benefits; are minors whose status qualifies a parent or guardian for Lifeline and/or ACP benefits; or are individuals who have received Lifeline and/or ACP benefits.</P>
                <HD SOURCE="HD1">Categories of Records</HD>
                <P>The categories of records involved in the matching program include the last four digits of the applicant's Social Security Number, date of birth, first and last name. The National Verifier will transfer these data elements to the Indiana Family and Social Services Administration Division of Family Resources which will respond either “yes” or “no” that the individual is enrolled in a qualifying assistance program: SNAP and Medicaid administered by the Indiana Family and Social Services Administration Division of Family Resources.</P>
                <HD SOURCE="HD1">Systems(s) of Records</HD>
                <P>
                    The records shared as part of this matching program reside in the Lifeline system of records, FCC/WCB-1, Lifeline, which was published in the 
                    <E T="04">Federal Register</E>
                     at 89 FR 28777 (Apr. 19, 2024).
                </P>
                <P>
                    The records shared as part of this matching program reside in the ACP system of records, FCC/WCB-3, Affordable Connectivity Program, which was published in the 
                    <E T="04">Federal Register</E>
                     at 89 FR 28780 (Apr. 19, 2024).
                </P>
                <SIG>
                    <PRTPAGE P="7485"/>
                    <FP>Federal Communications Commission.</FP>
                    <NAME>Marlene Dortch,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03108 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6712-01-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 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, Benjamin W. McDonough, Deputy Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551-0001, not later than March 5, 2026.</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">The TCW Living Trust dated October 23, 2024, Timothy C. White, individually, and as trustee, both of Tucson, Arizona; Kerry Hipenbecker, Venice, Florida; Kim White-Barrow, Haines City, Florida; Britt White, Michael White, and Eric White, all of Galena Illinois; Bryan White, Apple Valley, Minnesota; Kevin Pederson, Brecksville, Ohio; Howard Barrow III, Woodbridge, Virginia; Elinor Domes, Lugoff, South Carolina; Anne Barrow, Henrcio, Virginia, and Katheryn Barrow David, Williamsburg, Virginia;</E>
                     to form the White Family Control Group, a group acting in concert, to retain voting shares of Peoples Bancorp, Inc., and thereby indirectly retain voting shares of Peoples State Bank, both of Prairie du Chien, Wisconsin.
                </P>
                <SIG>
                    <P>Board of Governors of the Federal Reserve System.</P>
                    <NAME>Benjamin W. McDonough,</NAME>
                    <TITLE>Deputy Secretary of the Board.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03204 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
                <DEPDOC>[30Day-26-1389]</DEPDOC>
                <SUBJECT>Agency Forms Undergoing Paperwork Reduction Act Review</SUBJECT>
                <P>In accordance with the Paperwork Reduction Act of 1995, the Centers for Disease Control and Prevention (CDC) has submitted the information collection request titled “NCEH DLS Laboratory Quality Assurance Programs” to the Office of Management and Budget (OMB) for review and approval. CDC previously published a “Proposed Data Collection Submitted for Public Comment and Recommendations” notice on October 2, 2025 to obtain comments from the public and affected agencies. CDC received one public comment related to the previous notice. This notice serves to allow an additional 30 days for public and affected agency comments.</P>
                <P>CDC will accept all comments for this proposed information collection project. The Office of Management and Budget is particularly interested in comments that:</P>
                <P>(a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>(b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</P>
                <P>(c) Enhance the quality, utility, and clarity of the information to be collected;</P>
                <P>
                    (d) Minimize the burden of the collection of information on those who are to respond, including, through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses; and
                </P>
                <P>(e) Assess information collection costs.</P>
                <P>
                    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570. 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. Direct written comments and/or suggestions regarding the items contained in this notice to the Attention: CDC Desk Officer, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to (202) 395-5806. Provide written comments within 30 days of notice publication.
                </P>
                <HD SOURCE="HD1">Proposed Project</HD>
                <P>NCEH DLS Quality Assurance Programs (OMB Control No. 0920-1389, Exp. 3/31/2026)—Revision—National Center for Environmental Health (NCEH), Centers for Disease Control and Prevention (CDC).</P>
                <HD SOURCE="HD2">Background and Brief Description</HD>
                <P>The purpose of this information collection is general purpose statistics. There are two points of information collection for participation in any of the DLS QA and standardization programs. The first is an enrollment/sample request form and the second is a result reporting form. For programs with multiple rounds of QA each year (when CDC sends materials to a participating laboratory to use in their quality assurance testing), one enrollment form is collected for each year or just one time at onset of request/participation and a result reporting form is returned to CDC for each panel of samples sent and tested.</P>
                <P>
                    The collection of general laboratory information upon enrollment application occurs via email, web-inquiry, or pdf form and includes information such as lab name or identifier, shipping address, assay information, and analytes of interest. 
                    <PRTPAGE P="7486"/>
                    The request/enrollment form will assist the CDC QA and standardization programs to develop and ship desired materials for laboratories' QA and standardization activities.
                </P>
                <P>Participant data submission forms (some provided to participants with some pre-populated information from the enrollment form) request information on measurement results and assay characteristics (test instrument and configuration/assay description, calibrators, and reagent information), as well as sample result information (date of analysis, values), and laboratory activities (expertise, relevant research, providing reference materials to other laboratories). The collection of laboratory results following participant receipt and use of CDC quality control materials allows the CDC QA program to provide each laboratory participant with statistical reports that evaluate the performance of their analyses and methods. These reports are provided back to participating laboratories to adjust and improve their tests, and to provide expertise and TA as needed.</P>
                <P>CDC also uses the results to assess and monitor trends of laboratory measurements over time, thus contributing to the reliability and consistency of high-quality laboratory testing for analytes of significant public health and clinical decision-making.</P>
                <P>DLS provides laboratory support that improves the detection, diagnosis, treatment, and prevention of environmental, tobacco-related, nutritional, newborn, selected chronic, and infectious diseases. CDC's DLS Laboratory QA and Standardization Programs support these efforts by improving the analytical accuracy and reliability of high priority tests used in patient care, research, and public health. A key component of quality assurance for laboratory testing is monitoring and evaluating the performance of tests in clinical, research, commercial, and public health laboratories. Some of the programs, like Accuracy-based Laboratory Monitoring Programs (AMP) for Clinical Biomarkers, include established assessment of analytical accuracy of measurements among participating laboratories over time, while other programs provide information about the analytical performance of a laboratory at a point in time. The QA programs in DLS are foundational services provided to meet CDC and DLS objectives and have received funding and support for years, and for some, decades.</P>
                <P>This is a Revision request for a currently approved collection, under OMB Control No. 0920-1389. Additionally, changes have been made to the estimated burden and cost table to reflect updated average hourly wage.</P>
                <P>
                    <E T="03">Clinical Chemistry Branch (CCB):</E>
                     Programs have been consolidated to limit redundancies in efforts and enhance paper reduction. These changes are editorial in nature and do not impact the total burden on the public. Based on feedback from program respondents, the term “Enrollment Forms” will be changed to “Request Form,” as not all requests are from program participants.
                </P>
                <HD SOURCE="HD3">Clinical Chemistry Branch (CCB)—Clinical Standardization Programs</HD>
                <FP SOURCE="FP-1">• Accuracy-based Laboratory Monitoring Programs (AMP), covering Lipid Standardization Program (LSP) and AMP for Clinical Biomarkers</FP>
                <FP SOURCE="FP-1">• Reference Laboratory Networks for Lipids and Other Chronic Disease Biomarkers, covering Cholesterol Reference Method Laboratory Network (CRMLN) and Hormone Reference Networks)</FP>
                <FP SOURCE="FP-1">• Chronic Disease Standardization Programs for Clinical Biomarkers, covering Hormone Standardization (HoST) Programs and Vitamin D Standardization Certification Program (VDSCP)</FP>
                <P>Additional changes are made to the burden table to reflect the number of additional participants for the different programs under the CCB Clinical Standardization Programs.</P>
                <P>
                    <E T="03">NBB:</E>
                     Changes were made to the burden table to reflect the number of respondents based on historical data for the number of participants in the two NBB MPV programs and a change in frequency of reporting. The MPV reports are now reported once a year rather than quarterly. The average burden per response was adjusted to account for 1 form submission per year and the total burden hours and total respondent costs were adjusted accordingly. The only change to the VITAL-EQA program entailed the correction of a previous rounding error (12.5 and 22.5 should have been rounded to 13 and 23). The cost to the government table was updated to reflect respondent updates and personnel changes. The cost to government for the start-up and survey kits was removed because they are not part of the MPV Folate MBA QA program and require no data collection.
                </P>
                <P>CDC has estimated the annualized burden for these 11 programs to be 6,428 hours per year. There is no cost to respondents other than their time to participate.</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,r50,11,12,10">
                    <TTITLE>Estimated Annualized Burden Hours</TTITLE>
                    <BOXHD>
                        <CHED H="1">Type of respondent</CHED>
                        <CHED H="1">Form name</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>burden per</LI>
                            <LI>response</LI>
                            <LI>(in hours)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">Accuracy-based Laboratory Monitoring Programs (AMP) for Lipids and Other Chronic Disease Biomarkers</E>
                        </ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="21">
                            <E T="02">CCB AMP for Chronic Disease Biomarkers</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Academic/University Research Lab</ENT>
                        <ENT>AMP Enrollment Section on Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>AMP Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>4</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Private Research Lab</ENT>
                        <ENT>AMP Enrollment Section on Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>AMP Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>4</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Routine Clinical Lab</ENT>
                        <ENT>AMP Enrollment Section on Data Submission Form</ENT>
                        <ENT>20</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>AMP Data Submission Form</ENT>
                        <ENT>20</ENT>
                        <ENT>4</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">CCB AMP for Lipid Standardization Program (LSP)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Academic/University Research Lab</ENT>
                        <ENT>LSP Enrollment Section on Data Submission Form</ENT>
                        <ENT>20</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>LSP Data Submission Form</ENT>
                        <ENT>20</ENT>
                        <ENT>4</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Private Research Lab</ENT>
                        <ENT>LSP Enrollment Section on Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>LSP Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>4</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Routine Clinical Lab</ENT>
                        <ENT>LSP Enrollment Section on Data Submission Form</ENT>
                        <ENT>60</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>LSP Data Submission Form</ENT>
                        <ENT>60</ENT>
                        <ENT>4</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <PRTPAGE P="7487"/>
                        <ENT I="21">
                            <E T="02">Reference Laboratory Network Programs for Lipid and Hormone</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Reference Network Laboratories</ENT>
                        <ENT>CRMLN Enrollment Webpage</ENT>
                        <ENT>20</ENT>
                        <ENT>1</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>CRMLN Data Submission Form</ENT>
                        <ENT>20</ENT>
                        <ENT>2</ENT>
                        <ENT>2</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">CCB Chronic Disease Standardization Programs for Clinical Biomarkers</E>
                        </ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="21">
                            <E T="02">CCB Hormone Standardization (HoST) Programs</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Assay Manufacturers</ENT>
                        <ENT>HoSt Enrollment Section on Data Submission Form</ENT>
                        <ENT>60</ENT>
                        <ENT>1</ENT>
                        <ENT>30/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>HoSt Data Submission Form</ENT>
                        <ENT>60</ENT>
                        <ENT>4</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">(LDT) Lab Developed Tests Manufacturers</ENT>
                        <ENT>HoSt Enrollment Section on Data Submission Form</ENT>
                        <ENT>50</ENT>
                        <ENT>1</ENT>
                        <ENT>30/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>HoSt Data Submission Form</ENT>
                        <ENT>50</ENT>
                        <ENT>4</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">End-user/Labs</ENT>
                        <ENT>HoSt Enrollment Section on Data Submission Form</ENT>
                        <ENT>30</ENT>
                        <ENT>1</ENT>
                        <ENT>30/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>HoSt Data Submission Form</ENT>
                        <ENT>30</ENT>
                        <ENT>4</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">CCB Vitamin D Standardization Certification Program (VDSCP)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Assay Manufacturers</ENT>
                        <ENT>VDSCP Enrollment Section on Data Submission Form</ENT>
                        <ENT>60</ENT>
                        <ENT>1</ENT>
                        <ENT>30/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>VDSCP Data Submission Form</ENT>
                        <ENT>60</ENT>
                        <ENT>4</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">(LDT) Lab Developed Tests Manufacturers</ENT>
                        <ENT>VDSCP Enrollment Section on Data Submission Form</ENT>
                        <ENT>50</ENT>
                        <ENT>1</ENT>
                        <ENT>30/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>VDSCP Data Submission Form</ENT>
                        <ENT>50</ENT>
                        <ENT>4</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">End-user/Labs</ENT>
                        <ENT>VDSCP Enrollment Section on Data Submission Form</ENT>
                        <ENT>30</ENT>
                        <ENT>1</ENT>
                        <ENT>30/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>VDSCP Data Submission Form</ENT>
                        <ENT>30</ENT>
                        <ENT>4</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">NBB Vitamin A Laboratory—External Quality Assurance (VITAL-EQA)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Academic/University Research Lab</ENT>
                        <ENT>VITAL-EQA Enrollment Form National</ENT>
                        <ENT>30</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>VITAL-EQA Data Submission Form</ENT>
                        <ENT>30</ENT>
                        <ENT>2</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Government/Ministry of Health Lab</ENT>
                        <ENT>VITAL-EQA Enrollment Form International</ENT>
                        <ENT>30</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>VITAL-EQA Data Submission Form</ENT>
                        <ENT>30</ENT>
                        <ENT>2</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Private Research Lab</ENT>
                        <ENT>VITAL-EQA Enrollment Form</ENT>
                        <ENT>15</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>VITAL-EQA Data Submission Form</ENT>
                        <ENT>15</ENT>
                        <ENT>2</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Clinical Lab</ENT>
                        <ENT>VITAL-EQA Enrollment Form</ENT>
                        <ENT>15</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>VITAL-EQA Data Submission Form</ENT>
                        <ENT>15</ENT>
                        <ENT>2</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">NBB Quality Assurance Method Performance Verification (MPV) for Folate Microbiologic Assay (MBA)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Academic/University Research Lab</ENT>
                        <ENT>MPV Folate MBA Enrollment Section on Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>MPV Folate MBA Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>90/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Government/Ministry of Health Lab</ENT>
                        <ENT>MPV Folate MBA Enrollment Section on Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>MPV Folate MBA Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>90/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Private Research Lab</ENT>
                        <ENT>MPV Folate MBA Enrollment Section on Data Submission Form</ENT>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>MPV Folate MBA Data Submission Form</ENT>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>90/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Clinical Public Health Lab</ENT>
                        <ENT>MPV Folate MBA Enrollment Section on Data Submission Form</ENT>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>MPV Folate MBA Data Submission Form</ENT>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>90/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">NBB Quality Assurance Method Performance Verification (MPV) for Micronutrients</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Academic/University Research Lab</ENT>
                        <ENT>MPV Micronutrients Enrollment Section on Data Submission Form</ENT>
                        <ENT>15</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>MPV Micronutrients Data Submission Form</ENT>
                        <ENT>15</ENT>
                        <ENT>1</ENT>
                        <ENT>90/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Government/Ministry of Health Lab</ENT>
                        <ENT>MPV Micronutrients Enrollment Section on Data Submission Form</ENT>
                        <ENT>15</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>MPV Micronutrients Data Submission Form</ENT>
                        <ENT>15</ENT>
                        <ENT>1</ENT>
                        <ENT>90/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Private Research Lab</ENT>
                        <ENT>MPV Micronutrients Enrollment Section on Data Submission Form</ENT>
                        <ENT>7</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>MPV Micronutrients Data Submission Form</ENT>
                        <ENT>7</ENT>
                        <ENT>1</ENT>
                        <ENT>90/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Clinical Public Health Lab</ENT>
                        <ENT>MPV Micronutrients Enrollment Section on Data Submission Form</ENT>
                        <ENT>7</ENT>
                        <ENT>1</ENT>
                        <ENT>25/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>MPV Micronutrients Data Submission Form</ENT>
                        <ENT>7</ENT>
                        <ENT>1</ENT>
                        <ENT>90/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">OATB Biomonitoring Quality Assurance Support Program (BQASP)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">State Public Health Labs</ENT>
                        <ENT>BQASP Enrollment Email</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>5/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>BQASP Data Submission Form</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">IRATB Proficiency in Arsenic Speciation (PAsS) Program</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Public Health Labs</ENT>
                        <ENT>PAsS Enrollment Form</ENT>
                        <ENT>28</ENT>
                        <ENT>1</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>PAsS Data Submission Form</ENT>
                        <ENT>28</ENT>
                        <ENT>4</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">IRATB Ensuring the Quality of Urinary Iodine Procedures (EQUIP)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Public Health Labs</ENT>
                        <ENT>EQUIP Enrollment Form</ENT>
                        <ENT>240</ENT>
                        <ENT>1</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <PRTPAGE P="7488"/>
                        <ENT I="22"> </ENT>
                        <ENT>EQUIP Data Submission Form</ENT>
                        <ENT>240</ENT>
                        <ENT>3</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">IRATB Lead and Multielement Proficiency (LAMP) Testing Program</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Public Health Labs</ENT>
                        <ENT>LAMP Enrollment Form</ENT>
                        <ENT>226</ENT>
                        <ENT>1</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT>LAMP Data Submission Form</ENT>
                        <ENT>226</ENT>
                        <ENT>4</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW EXPSTB="04" RUL="s">
                        <ENT I="21">
                            <E T="02">NSMBB Newborn Screening and Quality Assurance Program (NSQAP)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Domestic NBS Labs</ENT>
                        <ENT>NSQAP Enrollment Form</ENT>
                        <ENT>3</ENT>
                        <ENT>1</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal Quality Control (QC)</ENT>
                        <ENT>78</ENT>
                        <ENT>2</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal Biochemical (Proficiency Testing) PT</ENT>
                        <ENT>78</ENT>
                        <ENT>3</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal Molecular PT</ENT>
                        <ENT>78</ENT>
                        <ENT>3</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">International NBS Labs</ENT>
                        <ENT>NSQAP Enrollment Form</ENT>
                        <ENT>44</ENT>
                        <ENT>1</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal QC</ENT>
                        <ENT>568</ENT>
                        <ENT>2</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal Biochemical PT</ENT>
                        <ENT>568</ENT>
                        <ENT>3</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal Molecular PT</ENT>
                        <ENT>568</ENT>
                        <ENT>3</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NBS Test Manufacturers</ENT>
                        <ENT>NSQAP Enrollment Form</ENT>
                        <ENT>3</ENT>
                        <ENT>1</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal QC</ENT>
                        <ENT>18</ENT>
                        <ENT>2</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal Biochemical PT</ENT>
                        <ENT>18</ENT>
                        <ENT>3</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>NSQAP Data Submission Portal Molecular PT</ENT>
                        <ENT>4</ENT>
                        <ENT>3</ENT>
                        <ENT>45/60</ENT>
                    </ROW>
                </GPOTABLE>
                <SIG>
                    <NAME>Jeffrey M. Zirger,</NAME>
                    <TITLE>Lead, Information Collection Review Office, Office of Public Health Ethics and Regulations, Office of Science, Centers for Disease Control and Prevention.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03101 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4163-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
                <DEPDOC>[30Day-26-0573]</DEPDOC>
                <SUBJECT>Agency Forms Undergoing Paperwork Reduction Act Review</SUBJECT>
                <P>In accordance with the Paperwork Reduction Act of 1995, the Centers for Disease Control and Prevention (CDC) has submitted the information collection request titled “National HIV Surveillance System (NHSS)” to the Office of Management and Budget (OMB) for review and approval. CDC previously published a “Proposed Data Collection Submitted for Public Comment and Recommendations” notice on September 30, 2025 to obtain comments from the public and affected agencies. CDC received 83 comments in response to the previous notice. This notice serves to allow an additional 30 days for public and affected agency comments.</P>
                <P>CDC will accept all comments for this proposed information collection project. The Office of Management and Budget is particularly interested in comments that:</P>
                <P>(a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>(b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</P>
                <P>(c) Enhance the quality, utility, and clarity of the information to be collected;</P>
                <P>
                    (d) Minimize the burden of the collection of information on those who are to respond, including, through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses; and
                </P>
                <P>(e) Assess information collection costs.</P>
                <P>
                    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570. 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. Direct written comments and/or suggestions regarding the items contained in this notice to the Attention: CDC Desk Officer, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to (202) 395-5806. Provide written comments within 30 days of notice publication.
                </P>
                <HD SOURCE="HD1">Proposed Project</HD>
                <P>National HIV Surveillance System (NHSS) (OMB Control No. 0920-0573, Exp. 2/28/2026)—Extension—National Center for HIV, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC).</P>
                <HD SOURCE="HD2">Background and Brief Description</HD>
                <P>
                    CDC is authorized under Sections 304 and 306 of the Public Health Service Act (42 U.S.C. 242b and 242k) to collect information on cases of human immunodeficiency virus (HIV) and indicators of HIV disease and HIV disease progression including AIDS. Data collected as part of the National HIV Surveillance System (NHSS) are the primary data used to monitor the extent and characteristics of the HIV burden in the United States. HIV surveillance data are used to describe trends in HIV diagnoses, incidence, prevalence and characteristics of persons living with diagnosed HIV infection and used widely at the federal, state, and local levels for planning and evaluating prevention programs and health-care services, allocating funding for prevention and care, and monitoring progress toward achieving national prevention goals. NHSS data collection activities are currently supported through cooperative agreements with health departments under CDC Notice of Funding Opportunity PS24-0047: High-Impact HIV Prevention and Surveillance Programs for Health Departments CDC-RFA-PS-24-0047 and Accelerating the 
                    <PRTPAGE P="7489"/>
                    Prevention and Control of HIV, Viral Hepatitis, STDs, and TB in the U.S. Affiliated Pacific Islands CDC-RFA-PS23-2302. The activities funded under these announcements promote and support improving health outcomes for persons living with HIV through achieving and sustaining viral suppression, and reducing health-related disparities by using quality, timely, and complete surveillance, and program data to guide HIV prevention efforts toward reducing new HIV infections and ending HIV in the United States.
                </P>
                <P>The Division of HIV Prevention (DHP), National Center for HIV, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), CDC in collaboration with health departments in the states, the District of Columbia, and U.S. territories and freely associated states, conducts national surveillance for cases of HIV infection that includes critical data reported across the spectrum of HIV disease stages from HIV diagnosis to death. The systematic data collection provides the essential data used to calculate population-based HIV case counts, HIV incidence estimates, describe the geographic distribution of disease, monitor HIV transmission and drug resistance patterns and genetic diversity of HIV virus among infected persons, detect and respond to HIV clusters of recent and rapid transmission, and monitor perinatal exposures. NHSS data are also used locally to identify persons with HIV who are not in medical care and linking them to care and needed services. NHSS data continue to be collected, maintained, and reported using standard case definitions, report forms and software. The system is periodically updated as needed to keep pace with changes in testing technology and advances in HIV care and treatment, as well as changing prevention program monitoring and evaluation needs.</P>
                <P>CDC receives adult and pediatric HIV case reports from 59 areas. Additional information on perinatal exposures is also reported in a subset of jurisdictions when reportable using the same pediatric case report form used to monitor progress toward perinatal HIV elimination goals. Health department staff compile information from laboratories, physicians, hospitals, clinics, and other health care providers to complete the HIV adult and pediatric case reports. CDC estimates that approximately 789 adult HIV case reports and 57 perinatal exposure and pediatric case reports are processed by each health department annually.</P>
                <P>
                    These data are recorded using standard case report forms either on paper or electronically and entered into the electronic reporting system. Updates to case reports are also entered into the reporting system by health departments as additional information may be received from laboratories, vital statistics, or additional providers. Evaluations are also conducted by health departments on a subset of case reports (
                    <E T="03">e.g.,</E>
                     re-abstraction, validation). CDC estimates that on average approximately 85 evaluations of case reports, 2519 updates to case reports and 10130 updates of electronic laboratory test data will be processed by each of the 59 health departments annually. In addition, 59 health departments will conduct routine deduplication activities for new diagnoses and cumulative case reports. CDC estimates that health departments on average will follow up on 3032 reports as part of deduplication activities annually. Case report information compiled over time by health departments is then de-identified and forwarded to CDC monthly to become part of the national HIV surveillance database.
                </P>
                <P>
                    Additional information will be reported by health departments for monitoring and evaluation of health department investigations including activities identifying persons who are not in HIV medical care and linking them to HIV medical care (
                    <E T="03">e.g.,</E>
                     Data-to-Care activities) and other services and identifying and responding to clusters. CDC estimates health departments will on average process 929 responses related to investigation reporting and monitoring annually.
                </P>
                <P>Clusters of HIV are groups of persons related by recent, rapid transmission, for which rapid response is needed to intervene and interrupt ongoing transmission and prevent future HIV infections. Health departments may detect clusters through multiple means, including through routine analyses of Surveillance data and other data reported to the NHSS. Summary data on clusters of recent and rapid HIV transmission in the United States are collected to monitor situations necessitating public health intervention, assess health department response, and evaluate outcomes of intervention activities. Health departments complete an Initial Cluster Report Form when a cluster is first identified, a Follow-up Cluster Report Form each quarter when response activities are ongoing, and an Annual/Closeout Cluster Report Form depending on the state of cluster response. CDC estimates on average health departments will provide information for 2.5 Initial Cluster Report Forms, five Follow-up Cluster Report Forms, and 2.5 Annual/Closeout Cluster Report Forms annually.</P>
                <P>The Standards Evaluation Report (SER) is used by CDC and Health Departments to improve data quality, interpretation, usefulness, and surveillance system efficiency, as well as to monitor progress toward meeting surveillance program objectives. The information collected for the SER includes a brief set of questions about evaluation outcomes and the collection of laboratory data that will be reported once a year by each of the 59 health departments.</P>
                <P>There are no revisions to data collection or changes in burden requested in this Extension. CDC requests OMB approval for an estimated 60,731 annualized burden hours. There is no cost to respondents other than their time to participate.</P>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,r75,11,12,10">
                    <TTITLE>Estimated Annualized Burden Hours</TTITLE>
                    <BOXHD>
                        <CHED H="1">Type of respondent</CHED>
                        <CHED H="1">Form name</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>burden per</LI>
                            <LI>response</LI>
                            <LI>(in hours)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Adult HIV Case Report (ACRF)</ENT>
                        <ENT>59</ENT>
                        <ENT>789</ENT>
                        <ENT>20/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Perinatal Exposure and Pediatric HIV Case Report (PCRF)</ENT>
                        <ENT>59</ENT>
                        <ENT>57</ENT>
                        <ENT>35/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Case Report Evaluations</ENT>
                        <ENT>59</ENT>
                        <ENT>85</ENT>
                        <ENT>20/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Case Report Updates</ENT>
                        <ENT>59</ENT>
                        <ENT>2519</ENT>
                        <ENT>2/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Laboratory Updates</ENT>
                        <ENT>59</ENT>
                        <ENT>10130</ENT>
                        <ENT>0.5/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Deduplication Activities</ENT>
                        <ENT>59</ENT>
                        <ENT>3032</ENT>
                        <ENT>10/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Investigation Reporting and Evaluation</ENT>
                        <ENT>59</ENT>
                        <ENT>929</ENT>
                        <ENT>1/60</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="7490"/>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Initial Cluster Report Form</ENT>
                        <ENT>59</ENT>
                        <ENT>2.5</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Follow-up Cluster Report Form</ENT>
                        <ENT>59</ENT>
                        <ENT>5.0</ENT>
                        <ENT>30/60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Annual/Closeout Cluster Report Form</ENT>
                        <ENT>59</ENT>
                        <ENT>2.5</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Health Departments</ENT>
                        <ENT>Annual Reporting: Standards Evaluation Report (SER)</ENT>
                        <ENT>59</ENT>
                        <ENT>1.0</ENT>
                        <ENT>8</ENT>
                    </ROW>
                </GPOTABLE>
                <SIG>
                    <NAME>Jeffrey M. Zirger,</NAME>
                    <TITLE>Lead, Information Collection Review Office, Office of Public Health Ethics and Regulations, Office of Science, Centers for Disease Control and Prevention.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03100 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4163-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[CMS-1857-NC]</DEPDOC>
                <SUBJECT>Medicare and Medicaid Programs; Announcement of Application From a Hospital Requesting Waiver for Organ Procurement Service Area (High Point Regional Health)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services (CMS), HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice with request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice acknowledges the receipt of an application from a hospital that has requested a waiver of statutory requirements that would otherwise require the hospital to enter into an agreement with its designated organ procurement organization (OPO). This notice requests comments from OPOs and the general public for our consideration in determining whether we should grant the requested waiver.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To be assured consideration, comments must be received at one of the addresses provided below, by April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>In commenting, refer to file code CMS-1857-NC.</P>
                    <P>Comments, including mass comment submissions, must be submitted in one of the following three ways (please choose only one of the ways listed):</P>
                    <P>
                        1. 
                        <E T="03">Electronically.</E>
                         You may submit electronic comments on this regulation to 
                        <E T="03">https://www.regulations.gov.</E>
                         Follow the “Submit a comment” instructions.
                    </P>
                    <P>
                        2. 
                        <E T="03">By regular mail.</E>
                         You may mail written comments to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-1857-NC, P.O. Box 8010, Baltimore, MD 21244-8010.
                    </P>
                    <P>Please allow sufficient time for mailed comments to be received before the close of the comment period.</P>
                    <P>
                        3. 
                        <E T="03">By express or overnight mail.</E>
                         You may send written comments to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-1857-NC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
                    </P>
                    <P>
                        For information on viewing public comments, see the beginning of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Lindsay Pulliam, (410) 786-8674.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Inspection of Public Comments:</E>
                     All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following website as soon as possible after they have been received: 
                    <E T="03">https://www.regulations.gov.</E>
                     Follow the search instructions on that website to view public comments. CMS will not post on 
                    <E T="03">Regulations.gov</E>
                     public comments that make threats to individuals or institutions or suggest that the individual will take actions to harm the individual. CMS continues to encourage individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments.
                </P>
                <HD SOURCE="HD1">I. Background</HD>
                <P>Organ Procurement Organizations (OPOs) are not-for-profit organizations that are responsible for the procurement, preservation, and transport of organs to transplant centers throughout the country. Qualified OPOs are designated by the Centers for Medicare &amp; Medicaid Services (CMS) to recover or procure organs in CMS-defined exclusive geographic service areas, under section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)) and our regulations at 42 CFR 486.306. Once an OPO has been designated for an area, hospitals in that area that participate in Medicare and Medicaid are required to work with that OPO in providing organs for transplant, pursuant to section 1138(a)(1)(C) of the Social Security Act (the Act) and our regulations at 42 CFR 482.45.</P>
                <P>Section 1138(a)(1)(A)(iii) of the Act provides that a hospital must establish protocols which require the hospital to notify the designated OPO (for the service area in which it is located) of potential organ donors. Under section 1138(a)(1)(C) of the Act, every hospital must have an agreement only with its designated OPO to identify potential donors.</P>
                <P>Section 1138(a)(2)(A) of the Act provides that a hospital may submit a request to the Secretary of the Department of Health and Human Services (the Secretary) for a waiver of the above requirements. If the requested waiver meets certain conditions specified in section 1138(a)(2)(A) of the Act, the Secretary shall grant the waiver and allow the hospital to have an agreement with an OPO other than the one designated by CMS. The Secretary may consider factors described in section 1138(a)(2)(B) of the Act when determining whether to grant the hospital's request for a waiver.</P>
                <P>
                    Section 1138(a)(2)(A) of the Act states that the Secretary shall grant a waiver if he determines that the waiver—(1) is expected to increase organ donations; and (2) will ensure equitable treatment of patients referred for transplants within the service area served by the designated OPO and within the service area served by the OPO with which the hospital seeks to enter into an agreement under the waiver. In making a waiver determination, section 1138(a)(2)(B) of the Act provides that the Secretary may consider factors that include but are not limited to: (1) cost effectiveness; (2) improvements in quality; (3) whether there has been any change in a hospital's designated OPO due to the changes made in definitions 
                    <PRTPAGE P="7491"/>
                    for metropolitan statistical areas; and (4) the length and continuity of a hospital's relationship with an OPO other than the hospital's designated OPO. The regulations identifying the relevant considerations are codified in 42 CFR 486.308(e) and (f).
                </P>
                <HD SOURCE="HD1">II. Solicitation of Public Comments</HD>
                <P>Section 1138(a)(2)(D) of the Act states the Secretary shall publish a public notice of any waiver application received from a hospital within 30 days of receiving such application and offer interested parties the opportunity to submit written comments to the Secretary during the 60-day period beginning on the date such notice is published.</P>
                <P>As part of the process of determining whether to grant a waiver, we will review the comments received. During the review process, we may consult with relevant parties, including but not limited to, the Health Resources and Services Administration's Division of Transplantation, the United Network for Organ Sharing, and our regional offices. If necessary, we may request clarifying information from the applying hospital or others. We will then make a final determination on the waiver request and notify the hospital and the designated and requested OPOs.</P>
                <HD SOURCE="HD1">III. Hospital Waiver Request</HD>
                <P>As permitted by § 486.308(e), the following hospital has requested a waiver to enter into an agreement with an OPO other than the OPO designated for the service area in which the hospital is located:</P>
                <P>High Point Regional Health doing business as High Point Medical Center, High Point, NC, is requesting a waiver to work with: LifeShare Carolinas (NCCM), 3621 Randolph Road, Suite 100, Charlotte, North Carolina 28211.</P>
                <P>
                    <E T="03">The Hospital's Designated OPO is:</E>
                     HonorBridge (NCNC), 1430 WestBrook Plaza Drive, Winston-Salem, North Carolina 27103.
                </P>
                <HD SOURCE="HD1">IV. Collection of Information Requirements</HD>
                <P>
                    This document does not impose information collection requirements, that is, reporting, recordkeeping, or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <HD SOURCE="HD1">V. Response to Comments</HD>
                <P>
                    We will consider all comments we receive by the date and time specified in the 
                    <E T="02">DATES</E>
                     section of this document.
                </P>
                <P>
                    The Administrator of the Centers for Medicare &amp; Medicaid Services (CMS), Mehmet Oz, having reviewed and approved this document, authorizes Vanessa Garcia, who is the 
                    <E T="04">Federal Register</E>
                     Liaison, to electronically sign this document for purposes of publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Vanessa Garcia,</NAME>
                    <TITLE>Federal Register Liaison, Centers for Medicare &amp; Medicaid Services.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03110 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4120-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[CMS-1858-NC]</DEPDOC>
                <SUBJECT>Medicare and Medicaid Programs; Announcement of Application From a Hospital Requesting Waiver for Organ Procurement Service Area (WRMC Hospital Operating Corporation)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services (CMS), HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice with request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice acknowledges the receipt of an application from a hospital that has requested a waiver of statutory requirements that would otherwise require the hospital to enter into an agreement with its designated organ procurement organization (OPO). This notice requests comments from OPOs and the general public for our consideration in determining whether we should grant the requested waiver.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To be assured consideration, comments must be received at one of the addresses provided below, by April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>In commenting, refer to file code CMS-1858-NC.</P>
                    <P>Comments, including mass comment submissions, must be submitted in one of the following three ways (please choose only one of the ways listed):</P>
                    <P>
                        1. 
                        <E T="03">Electronically.</E>
                         You may submit electronic comments on this regulation to 
                        <E T="03">https://www.regulations.gov.</E>
                         Follow the “Submit a comment” instructions.
                    </P>
                    <P>
                        2. 
                        <E T="03">By regular mail.</E>
                         You may mail written comments to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-1858-NC, P.O. Box 8010, Baltimore, MD 21244-8010.
                    </P>
                    <P>Please allow sufficient time for mailed comments to be received before the close of the comment period.</P>
                    <P>
                        3. 
                        <E T="03">By express or overnight mail.</E>
                         You may send written comments to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-1858-NC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
                    </P>
                    <P>
                        For information on viewing public comments, see the beginning of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section.
                    </P>
                    <P/>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Lindsay Pulliam, (410) 786-8674.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Inspection of Public Comments:</E>
                     All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following website as soon as possible after they have been received: 
                    <E T="03">https://www.regulations.gov.</E>
                     Follow the search instructions on that website to view public comments. CMS will not post on 
                    <E T="03">Regulations.gov</E>
                     public comments that make threats to individuals or institutions or suggest that the individual will take actions to harm the individual. CMS continues to encourage individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments.
                </P>
                <HD SOURCE="HD1">I. Background</HD>
                <P>Organ Procurement Organizations (OPOs) are not-for-profit organizations that are responsible for the procurement, preservation, and transport of organs to transplant centers throughout the country. Qualified OPOs are designated by the Centers for Medicare &amp; Medicaid Services (CMS) to recover or procure organs in CMS-defined exclusive geographic service areas, under section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)) and our regulations at 42 CFR 486.306. Once an OPO has been designated for an area, hospitals in that area that participate in Medicare and Medicaid are required to work with that OPO in providing organs for transplant, pursuant to section 1138(a)(1)(C) of the Social Security Act (the Act) and our regulations at 42 CFR 482.45.</P>
                <P>
                    Section 1138(a)(1)(A)(iii) of the Act provides that a hospital must establish protocols which require the hospital to notify the designated OPO (for the service area in which it is located) of 
                    <PRTPAGE P="7492"/>
                    potential organ donors. Under section 1138(a)(1)(C) of the Act, every hospital must have an agreement only with its designated OPO to identify potential donors.
                </P>
                <P>Section 1138(a)(2)(A) of the Act provides that a hospital may submit a request to the Secretary of the Department of Health and Human Services (the Secretary) for a waiver of the above requirements. If the requested waiver meets certain conditions specified in section 1138(a)(2)(A) of the Act, the Secretary shall grant the waiver and allow the hospital to have an agreement with an OPO other than the one designated by CMS. The Secretary may consider factors described in section 1138(a)(2)(B) of the Act when determining whether to grant the hospital's request for a waiver.</P>
                <P>Section 1138(a)(2)(A) of the Act states that the Secretary shall grant a waiver if he determines that the waiver—(1) is expected to increase organ donations; and (2) will ensure equitable treatment of patients referred for transplants within the service area served by the designated OPO and within the service area served by the OPO with which the hospital seeks to enter into an agreement under the waiver. In making a waiver determination, section 1138(a)(2)(B) of the Act provides that the Secretary may consider factors that include but are not limited to: (1) cost effectiveness; (2) improvements in quality; (3) whether there has been any change in a hospital's designated OPO due to the changes made in definitions for metropolitan statistical areas; and (4) the length and continuity of a hospital's relationship with an OPO other than the hospital's designated OPO. The regulations identifying the relevant considerations are codified in 42 CFR 486.308(e) and (f).</P>
                <HD SOURCE="HD1">II. Solicitation of Public Comments</HD>
                <P>Section 1138(a)(2)(D) of the Act states the Secretary shall publish a public notice of any waiver application received from a hospital within 30 days of receiving such application and offer interested parties the opportunity to submit written comments to the Secretary during the 60-day period beginning on the date such notice is published.</P>
                <P>As part of the process of determining whether to grant a waiver, we will review the comments received. During the review process, we may consult with relevant parties, including but not limited to, the Health Resources and Services Administration's Division of Transplantation, the United Network for Organ Sharing, and our regional offices. If necessary, we may request clarifying information from the applying hospital or others. We will then make a final determination on the waiver request and notify the hospital and the designated and requested OPOs.</P>
                <HD SOURCE="HD1">III. Hospital Waiver Request</HD>
                <P>As permitted by § 486.308(e), the following hospital has requested a waiver to enter into an agreement with an OPO other than the OPO designated for the service area in which the hospital is located:</P>
                <P>WRMC Hospital Operating Corporation doing business as Wilkes Regional Medical Center, North Wilkesboro, NC, is requesting a waiver to work with: LifeShare Carolinas (NCCM), 3621 Randolph Road, Suite 100, Charlotte, North Carolina 28211.</P>
                <P>
                    <E T="03">The Hospital's Designated OPO is:</E>
                     HonorBridge (NCNC), 1430 WestBrook Plaza Drive, Winston-Salem, North Carolina 27103.
                </P>
                <HD SOURCE="HD1">IV. Collection of Information Requirements</HD>
                <P>
                    This document does not impose information collection requirements, that is, reporting, recordkeeping, or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <HD SOURCE="HD1">V. Response to Comments</HD>
                <P>
                    We will consider all comments we receive by the date and time specified in the 
                    <E T="02">DATES</E>
                     section of this document.
                </P>
                <P>
                    The Administrator of the Centers for Medicare &amp; Medicaid Services (CMS), Mehmet Oz, having reviewed and approved this document, authorizes Vanessa Garcia, who is the 
                    <E T="04">Federal Register</E>
                     Liaison, to electronically sign this document for purposes of publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Vanessa Garcia,</NAME>
                    <TITLE>Federal Register Liaison, Centers for Medicare &amp; Medicaid Services.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03111 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4120-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[Document Identifier: CMS-10595]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Centers for Medicare &amp; Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the 
                        <E T="04">Federal Register</E>
                         concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the collection(s) of information must be received by the OMB desk officer by March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain</E>
                        . Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                    </P>
                    <P>
                        To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: 
                        <E T="03">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.</E>
                    </P>
                </ADD>
                <FURINF>
                    <PRTPAGE P="7493"/>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>William Parham at (410) 786-4669.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the 
                    <E T="04">Federal Register</E>
                     concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment.
                </P>
                <P>
                    1. 
                    <E T="03">Type of Information Collection Request:</E>
                     Extension of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     QHP Issuers Data Collection for Notices for Plan or Display Errors Special Enrollment Periods; 
                    <E T="03">Use:</E>
                     The Patient Protection and Affordable Care Act (Pub. L. 111-148) and Health Care and Education Reconciliation Act of 2010 (Pub. L.111-152), collectively referred to as the PPACA, established new competitive private health insurance markets called Marketplaces, or Exchanges, which gave millions of Americans and small businesses access to qualified health plans (QHPs), including stand-alone dental plans (SADPs)—private health and dental insurance plans that have been certified as meeting certain standards.
                </P>
                <P>
                    In the final rule, the Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017 (CMS-9937-F), we finalized 45 CFR 156.1256, which requires QHP issuers, in the case of a material plan or benefit display error included in 45 CFR 155.420(d)(12), to notify their enrollees of the error and the enrollees' eligibility for a special enrollment period (SEP) within 30 calendar days after the issuer is informed by an Federally-facilitated Exchange (FFE) that the error is corrected, if directed to do so by the FFE. This requirement provides notification to QHP enrollees of errors that may have impacted their QHP selection and enrollment and any associated monthly or annual costs, as well as the availability of an SEP under § 155.420(d)(12) for the enrollee to select a different QHP, if desired. This ICR serves as the formal request for an extension without change of a currently approved clearance. 
                    <E T="03">Form Number:</E>
                     CMS-10595 (OMB control number 0938-1301); 
                    <E T="03">Frequency:</E>
                     Annually; 
                    <E T="03">Affected Public:</E>
                     Private Sector (business or other for-profits, not-for-profit institutions) 
                    <E T="03">Number of Respondents:</E>
                     394; 
                    <E T="03">Number of Responses:</E>
                     394; 
                    <E T="03">Total Annual Hours:</E>
                     153. (For questions regarding this collection, contact Emily Martin at 301-492-4423).
                </P>
                <SIG>
                    <NAME>William N. Parham, III.</NAME>
                    <TITLE>Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03118 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4120-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[CMS-1861-NC]</DEPDOC>
                <SUBJECT>Medicare and Medicaid Programs; Announcement of Application From a Hospital Requesting Waiver for Organ Procurement Service Area (Alleghany County Memorial Hospital, Inc.)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services (CMS), HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice with request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice acknowledges the receipt of an application from a hospital that has requested a waiver of statutory requirements that would otherwise require the hospital to enter into an agreement with its designated organ procurement organization (OPO). This notice requests comments from OPOs and the general public for our consideration in determining whether we should grant the requested waiver.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To be assured consideration, comments must be received at one of the addresses provided below, by April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>In commenting, refer to file code CMS-1861-NC.</P>
                    <P>Comments, including mass comment submissions, must be submitted in one of the following three ways (please choose only one of the ways listed):</P>
                    <P>
                        1. 
                        <E T="03">Electronically.</E>
                         You may submit electronic comments on this regulation to 
                        <E T="03">https://www.regulations.gov.</E>
                         Follow the “Submit a comment” instructions.
                    </P>
                    <P>
                        2. 
                        <E T="03">By regular mail.</E>
                         You may mail written comments to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-1861-NC, P.O. Box 8010, Baltimore, MD 21244-8010.
                    </P>
                    <P>Please allow sufficient time for mailed comments to be received before the close of the comment period.</P>
                    <P>
                        3. 
                        <E T="03">By express or overnight mail.</E>
                         You may send written comments to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-1861-NC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
                    </P>
                    <P>
                        For information on viewing public comments, see the beginning of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Lindsay Pulliam, (410) 786-8674.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Inspection of Public Comments:</E>
                     All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following website as soon as possible after they have been received: 
                    <E T="03">https://www.regulations.gov.</E>
                     Follow the search instructions on that website to view public comments. CMS will not post on 
                    <E T="03">Regulations.gov</E>
                     public comments that make threats to individuals or institutions or suggest that the individual will take actions to harm the individual. CMS continues to encourage individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments.
                </P>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    Organ Procurement Organizations (OPOs) are not-for-profit organizations that are responsible for the procurement, preservation, and transport of organs to transplant centers throughout the country. Qualified OPOs are designated by the Centers for Medicare &amp; Medicaid Services (CMS) to recover or procure organs in CMS-defined exclusive geographic service areas, under section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)) and our regulations at 42 CFR 486.306. Once an OPO has been designated for an area, hospitals in that area that participate in Medicare and Medicaid are required to work with that OPO in providing organs for transplant, pursuant to section 1138(a)(1)(C) of the 
                    <PRTPAGE P="7494"/>
                    Social Security Act (the Act) and our regulations at 42 CFR 482.45.
                </P>
                <P>Section 1138(a)(1)(A)(iii) of the Act provides that a hospital must establish protocols which require the hospital to notify the designated OPO (for the service area in which it is located) of potential organ donors. Under section 1138(a)(1)(C) of the Act, every hospital must have an agreement only with its designated OPO to identify potential donors.</P>
                <P>Section 1138(a)(2)(A) of the Act provides that a hospital may submit a request to the Secretary of the Department of Health and Human Services (the Secretary) for a waiver of the above requirements. If the requested waiver meets certain conditions specified in section 1138(a)(2)(A) of the Act, the Secretary shall grant the waiver and allow the hospital to have an agreement with an OPO other than the one designated by CMS. The Secretary may consider factors described in section 1138(a)(2)(B) of the Act when determining whether to grant the hospital's request for a waiver.</P>
                <P>Section 1138(a)(2)(A) of the Act states that the Secretary shall grant a waiver if he determines that the waiver—(1) is expected to increase organ donations; and (2) will ensure equitable treatment of patients referred for transplants within the service area served by the designated OPO and within the service area served by the OPO with which the hospital seeks to enter into an agreement under the waiver. In making a waiver determination, section 1138(a)(2)(B) of the Act provides that the Secretary may consider factors that include but are not limited to: (1) cost effectiveness; (2) improvements in quality; (3) whether there has been any change in a hospital's designated OPO due to the changes made in definitions for metropolitan statistical areas; and (4) the length and continuity of a hospital's relationship with an OPO other than the hospital's designated OPO. The regulations identifying the relevant considerations are codified in 42 CFR 486.308(e) and (f).</P>
                <HD SOURCE="HD1">II. Solicitation of Public Comments</HD>
                <P>Section 1138(a)(2)(D) of the Act states the Secretary shall publish a public notice of any waiver application received from a hospital within 30 days of receiving such application and offer interested parties the opportunity to submit written comments to the Secretary during the 60-day period beginning on the date such notice is published.</P>
                <P>As part of the process of determining whether to grant a waiver, we will review the comments received. During the review process, we may consult with relevant parties, including but not limited to, the Health Resources and Services Administration's Division of Transplantation, the United Network for Organ Sharing, and our regional offices. If necessary, we may request clarifying information from the applying hospital or others. We will then make a final determination on the waiver request and notify the hospital and the designated and requested OPOs.</P>
                <HD SOURCE="HD1">III. Hospital Waiver Request</HD>
                <P>As permitted by § 486.308(e), the following hospital has requested a waiver to enter into an agreement with an OPO other than the OPO designated for the service area in which the hospital is located:</P>
                <P>Alleghany County Memorial Hospital, Inc. doing business as Alleghany Memorial Hospital, Sparta, NC, is requesting a waiver to work with: LifeShare Carolinas (NCCM), 3621 Randolph Road, Suite 100, Charlotte, North Carolina 28211.</P>
                <P>The Hospital's Designated OPO is: HonorBridge (NCNC), 1430 Westbrook Plaza Drive, Winston-Salem, North Carolina 27103.</P>
                <HD SOURCE="HD1">IV. Collection of Information Requirements</HD>
                <P>
                    This document does not impose information collection requirements, that is, reporting, recordkeeping, or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <HD SOURCE="HD1">V. Response to Comments</HD>
                <P>
                    We will consider all comments we receive by the date and time specified in the 
                    <E T="02">DATES</E>
                     section of this document.
                </P>
                <P>
                    The Administrator of the Centers for Medicare &amp; Medicaid Services (CMS), Mehmet Oz, having reviewed and approved this document, authorizes Vanessa Garcia, who is the 
                    <E T="04">Federal Register</E>
                     Liaison, to electronically sign this document for purposes of publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Vanessa Garcia,</NAME>
                    <TITLE>Federal Register Liaison, Centers for Medicare &amp; Medicaid Services.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03119 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4120-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2026-N-0958]</DEPDOC>
                <SUBJECT>Issuance of Priority Review Voucher; Rare Pediatric Disease Product; ZEVASKYN (Prademagene Zamikeracel)</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) is announcing the issuance of a priority review voucher to the sponsor of a rare pediatric disease product application. The Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) authorizes FDA to award priority review vouchers to sponsors of approved rare pediatric disease product applications that meet certain criteria. FDA is required to publish notice of the award of the priority review voucher. FDA has determined that ZEVASKYN (prademagene zamikeracel), approved on April 28, 2025, manufactured by Abeona Therapeutics, Inc., meets the criteria for a priority review voucher.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Myrna Hanna, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>FDA is announcing the issuance of a priority review voucher to the sponsor of an approved rare pediatric disease product application. Under section 529 of the FD&amp;C Act (21 U.S.C. 360ff), FDA will award priority review vouchers to sponsors of approved rare pediatric disease product applications that meet certain criteria. FDA has determined that ZEVASKYN (prademagene zamikeracel), manufactured by Abeona Therapeutics, Inc., meets the criteria for a priority review voucher. ZEVASKYN (prademagene zamikeracel) is indicated for the treatment of wounds in adult and pediatric patients with recessive dystrophic epidermolysis bullosa.</P>
                <P>
                    For further information about the Rare Pediatric Disease Priority Review Voucher Program and for a link to the full text of section 529 of the FD&amp;C Act, go to 
                    <E T="03">https://www.fda.gov/industry/developing-products-rare-diseases-conditions/rare-pediatric-disease-rpd-designation-and-voucher-programs.</E>
                     For further information about ZEVASKYN
                    <E T="03"> (</E>
                    prademagene zamikeracel), go to the Center for Biologics Evaluation and 
                    <PRTPAGE P="7495"/>
                    Research's Approved Cellular and Gene Therapy Products website at 
                    <E T="03">https://www.fda.gov/vaccines-blood-biologics/cellular-gene-therapy-products/approved-cellular-and-gene-therapy-products.</E>
                </P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03211 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2025-N-1812]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Proposed Collection; Comment Request; Q-Submission and Early Payor Feedback Request Programs and Medical Device Development Tools</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) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit written comments (including recommendations) on the collection of information by March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. The OMB control number for this information collection is 0910-0756. Also include the FDA docket number found in brackets in the heading of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Amber Barrett, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
                        <E T="03">PRAStaff@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.</P>
                <HD SOURCE="HD1">Q-Submission and Early Payor Feedback Request Programs and Medical Device Development Tools</HD>
                <HD SOURCE="HD2">OMB Control Number 0910-0756—Revision</HD>
                <P>
                    The guidance entitled “Requests for Feedback and Meetings for Medical Device Submissions: The Q-Submission Program” (May 2025) (available at 
                    <E T="03">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/requests-feedback-and-meetings-medical-device-submissions-q-submission-program</E>
                    ) provides an overview of the mechanisms available to submitters through which they can request feedback from or a meeting with FDA regarding certain potential or planned medical device submissions reviewed by the Center for Devices and Radiological Health (CDRH) and the Center for Biologics Evaluation and Research (CBER). The guidance provides recommendations regarding certain types of Q-Submissions, such as Pre-Submissions, Submission Issue Requests, Study Risk Determinations, Informational Meetings, and other Q-Submission Types and other uses of the Q-Submission Program.
                </P>
                <P>
                    Recent updates in May 2025 to the Q-Submission guidance moved the instructions for information collection related to requests for feedback regarding development of a Medical Device Development Tool (MDDT), which were previously tracked as Informational Meeting Q-Submissions. We are revising this information collection to add the FDA guidance entitled “Qualification of Medical Device Development Tools: Guidance for Industry, Tool Developers, and Food and Drug Administration Staff” (July 2023) (available at 
                    <E T="03">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/qualification-medical-device-development-tools</E>
                    ), which includes instructions for submitting requests for feedback regarding MDDTs. The submission instructions are otherwise unchanged, but the MDDT guidance is now the collection instrument associated with the existing MDDT burden.
                </P>
                <HD SOURCE="HD3">Early Payor Feedback Program</HD>
                <P>
                    Prior to submitting a Pre-Submission, medical device sponsors may request that one or more payor organizations join a Pre-Submission meeting. Payors include public payors such as Centers for Medicare &amp; Medicaid Services, private health plans, health technology assessment groups, and others who provide input into coverage, procurement, and reimbursement decisions. To facilitate such opportunities to obtain payor input, FDA provides information about our Early Payor Feedback Program (EPFP) and a list of current payor participants on our website (available at 
                    <E T="03">https://www.fda.gov/about-fda/cdrh-innovation/payor-communication-task-force#2</E>
                    ). For payors to decide which devices to provide feedback on, we have developed a voluntary form for manufacturers to provide basic information regarding their device. This form is shared with the payors from whom the manufacturer is requesting feedback.
                </P>
                <HD SOURCE="HD3">eSTAR for Q-Submissions</HD>
                <P>
                    Under section 745A(b) of the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) (21 U.S.C. 379k-1(b)), amended by section 207 of the FDA Reauthorization Act of 2017 (Pub. L. 115-52), and consistent with the Medical Device User Fee Amendments 2017 (MDUFA IV) Commitment Letter and the FDA guidance document entitled “Providing Regulatory Submissions for Medical Devices in Electronic Format—Submissions Under Section 745A(b) of the Federal Food, Drug, and Cosmetic Act” (July 2020) (available at 
                    <E T="03">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/providing-regulatory-submissions-medical-devices-electronic-format-submissions-under-section-745ab</E>
                    ), FDA has developed an “electronic Submission Template and Resource” (eSTAR) for Q-submissions to facilitate the preparation of submissions in electronic format (available at 
                    <E T="03">https://www.fda.gov/medical-devices/how-study-and-market-your-device/estar-program</E>
                    ). The use of eSTAR for Q-Submissions is currently voluntary.
                </P>
                <P>
                    In the 
                    <E T="04">Federal Register</E>
                     of July 14, 2025 (90 FR 31225), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received.
                </P>
                <P>
                    FDA estimates the burden of this collection of information as follows:
                    <PRTPAGE P="7496"/>
                </P>
                <GPOTABLE COLS="6" OPTS="L2,nj,i1" CDEF="s50,11,12,0,xs72,7">
                    <TTITLE>
                        Table 1—Estimated Annual Reporting Burden 
                        <E T="51">1 2</E>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Activity</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>burden per</LI>
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>hours</LI>
                        </CHED>
                    </BOXHD>
                    <ROW EXPSTB="05" RUL="s">
                        <ENT I="21">
                            <E T="02">“Requests for Feedback and Meetings for Medical Device Submissions: The Q-Submission Program”</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="22">Q-Submissions:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">CDRH</ENT>
                        <ENT>5,750</ENT>
                        <ENT>1</ENT>
                        <ENT>5,750</ENT>
                        <ENT>137</ENT>
                        <ENT>787,750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">CBER</ENT>
                        <ENT>60</ENT>
                        <ENT>1</ENT>
                        <ENT>60</ENT>
                        <ENT>137</ENT>
                        <ENT>8,220</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">Q-Submissions using eSTAR:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">CDRH</ENT>
                        <ENT>850</ENT>
                        <ENT>1</ENT>
                        <ENT>850</ENT>
                        <ENT>69</ENT>
                        <ENT>58,650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">CBER</ENT>
                        <ENT>40</ENT>
                        <ENT>1</ENT>
                        <ENT>40</ENT>
                        <ENT>69</ENT>
                        <ENT>2,760</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="03">eSTAR setup</ENT>
                        <ENT>1,480</ENT>
                        <ENT>1</ENT>
                        <ENT>1,480</ENT>
                        <ENT>0.08 (5 minutes)</ENT>
                        <ENT>118</ENT>
                    </ROW>
                    <ROW EXPSTB="05" RUL="s">
                        <ENT I="21">
                            <E T="02">Early Payor Feedback Program (EPFP)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00" RUL="s">
                        <ENT I="01">Manufacturer request to participate in EPFP</ENT>
                        <ENT>35</ENT>
                        <ENT>1</ENT>
                        <ENT>35</ENT>
                        <ENT>2</ENT>
                        <ENT>70</ENT>
                    </ROW>
                    <ROW EXPSTB="05" RUL="s">
                        <ENT I="21">
                            <E T="02">Medical Device Development Tools (MDDT)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00" RUL="n,s">
                        <ENT I="01">MDDT Submissions</ENT>
                        <ENT>50</ENT>
                        <ENT>1</ENT>
                        <ENT>50</ENT>
                        <ENT>137</ENT>
                        <ENT>6,850</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>864,418</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Numbers are rounded.
                    </TNOTE>
                    <TNOTE>
                        <SU>2</SU>
                         There are no capital costs or operating and maintenance costs associated with this collection of information.
                    </TNOTE>
                </GPOTABLE>
                <P>Based on our experience with the Q-Submission and Early Payor Feedback Request Programs and Medical Device Development Tools, our estimated burden for the information collection reflects an overall increase of 451,180 hours and 4,535 responses annually. We attribute this adjustment to an increase in the number of respondents according to FDA data. As discussed above, recent updates to the Q-Submission guidance moved the instructions for information collection related to requests for feedback regarding development of MDDTs to the MDDT guidance. MDDT proposal and qualification packages were previously tracked as Informational Meeting Q-Submissions. The MDDT submission instructions and previously approved burden estimate are otherwise unchanged, but the MDDT guidance is now the collection instrument associated with the existing MDDT burden. Accordingly, we have moved the burden for MDDT submissions to a distinct line item in the burden table to reflect the updated collection instrument. There is no new collection of information occurring in this revision. However, submissions related to MDDTs (Medical Device Development Tools), which were previously tracked as “Informational Meetings” Q-Submissions, are now tracked separately.</P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03096 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2024-N-1055]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request Data To Support Social and Behavioral Research as Used by the Food and Drug Administration</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, us, or we) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit written comments (including recommendations) on the collection of information by March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. The OMB control number for this information collection is 0910-0847. Also include the FDA docket number found in brackets in the heading of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ila S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-1244, 
                        <E T="03">PRAStaff@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.</P>
                <HD SOURCE="HD1">Data To Support Social and Behavioral Research as Used by the Food and Drug Administration</HD>
                <HD SOURCE="HD2">OMB Control Number 0910-0847—Extension</HD>
                <P>
                    This information collection is intended to support FDA-conducted research. Understanding patients, consumers, and healthcare professionals' perceptions and behaviors plays an important role in improving FDA's regulatory decision-making processes and communications that affect various stakeholders. FDA uses the following methodology to achieve these goals: (1) creation and validation of survey instruments; (2) use of techniques to evaluate sampling and recruitment methods; (3) evaluation of the validity and reliability of survey instruments; (4) individual in-depth interviews; (5) general public focus group interviews; (6) intercept interviews; (7) self-administered surveys; (8) gatekeeper surveys; and (9) 
                    <PRTPAGE P="7497"/>
                    focus group interviews. These methods serve the narrowly defined need for direct and informal opinion on a specific topic and serve as a qualitative and quantitative research tool having two major purposes:
                </P>
                <P>• Obtaining useful, valid, and reliable information for the development of variables and measures for formulating the basic objectives of social and behavioral research; and</P>
                <P>• Successfully communicating and addressing behavioral changes with intended audiences to assess the potential effectiveness of FDA communications, behavioral interventions, and other materials.</P>
                <P>While FDA will use these methods to test and refine its ideas and help develop communication and behavioral strategies research, the Agency will generally conduct further research before making important decisions (such as adopting new policies and allocating or redirecting significant resources to support these policies).</P>
                <P>FDA's Center for Drug Evaluation and Research (CDER), Center for Biologics Evaluation and Research, Office of the Commissioner, and any other Centers will use this mechanism to test communications and social and behavioral methods about regulated drug products on a variety of subjects related to consumer, patient, or healthcare professional perceptions, beliefs, attitudes, behaviors, and use of drug and biological products and related materials. These subjects include social and behavioral research, decision-making processes, and communication and behavioral change strategies.</P>
                <P>
                    Further, in addition to overseeing the safety of drug products when used according to approved drug labeling or as directed by a healthcare provider, CDER conducts studies on topics related to the safe and effective use of drug products, and emerging safety issues in areas such as: (1) nonmedical use of approved drug products; (2) use of unapproved and falsified (
                    <E T="03">i.e.,</E>
                     counterfeit, fake) drug products; (3) use of botanical substances (
                    <E T="03">e.g.,</E>
                     cannabis derived products); (4) controlled substance prescribing decisions; (5) bystander response to drug overdoses; and (6) potentially false or misleading information about drug products. Reliable data on these and related topics are a critical first step to understanding whether further studies or action is needed to protect public health.
                </P>
                <P>
                    Because often data on these topics are not collected as part of routine healthcare delivery or via established Federal surveys, FDA requires the development and validation of novel instruments (
                    <E T="03">i.e.,</E>
                     interview and focus group guides, questionnaires) and approaches to gathering data on emerging safety issues the methods used to create and validate these instruments may include interviews, focus groups, small group discussions, pilot and test/re-test survey launches, and external validation against benchmark surveys. In conducting research in these areas, FDA will need to employ the following validation methodology: (1) research to assess knowledge, perceptions, and experiences related to topics in the above-mentioned areas with specific target populations; (2) techniques to evaluate sampling and recruitment methods; and (3) evaluations of the validity and reliability of survey questionnaires in target populations.
                </P>
                <P>Annually, FDA projects about 25 social and behavioral studies using the variety of test methods listed in this document. FDA is revising this burden to account for the number of studies we have received in the last 3 years and to better reflect the scope of the information collection.</P>
                <P>FDA estimates the burden of this collection of information as follows:</P>
                <GPOTABLE COLS="6" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,11,12,9,xs72,6">
                    <TTITLE>
                        Table 1—Estimated Annual Reporting Burden 
                        <SU>1</SU>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Activity</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Average burden
                            <LI>per response</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>hours</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Interviews and Surveys</ENT>
                        <ENT>126,770</ENT>
                        <ENT>1</ENT>
                        <ENT>126,770</ENT>
                        <ENT>0.25 (15 minutes)</ENT>
                        <ENT>31,693</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         There are no capital costs or operating and maintenance costs associated with this collection of information.
                    </TNOTE>
                </GPOTABLE>
                <P>Based on a review of the information collection since our last request for OMB approval, our burden estimate for this information collection reflects an overall increase of 17,300 responses with a corresponding increase of 4,325 hours. We attribute this adjustment to the need to validate information in specific areas.</P>
                <P>
                    In accordance with 5 CFR 1320.8(d), FDA published a 30-day notice for public comment on the proposed collection of information in the 
                    <E T="04">Federal Register</E>
                     on December 19, 2024 (89 FR 103841). FDA is reopening the 30-day comment period in order to satisfy PRA requirements. No changes have been made to the information collection.
                </P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03099 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2026-N-0497]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Proposed Collection; Comment Request; Patent Term Restoration; Due Diligence Petitions; Filing, Format, and Content of Petitions</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 Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the 
                        <E T="04">Federal Register</E>
                         concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on information collection relating to our Patent Term Restoration regulations.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Either electronic or written comments on the collection of information must be submitted by April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may submit comments as follows. Please note that late, untimely filed comments will not be considered. The 
                        <E T="03">https://www.regulations.gov</E>
                         electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of April 20, 2026. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are received on or before that date.
                        <PRTPAGE P="7498"/>
                    </P>
                </ADD>
                <HD SOURCE="HD2">Electronic Submissions</HD>
                <P>Submit electronic comments in the following way:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E>
                     Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to 
                    <E T="03">https://www.regulations.gov</E>
                     will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>• If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).</P>
                <HD SOURCE="HD2">Written/Paper Submissions</HD>
                <P>Submit written/paper submissions as follows:</P>
                <P>
                    • 
                    <E T="03">Mail/Hand Delivery/Courier (for written/paper submissions):</E>
                     Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”</P>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the Docket No. FDA-2026-N-0497 for “Agency Information Collection Activities; Proposed Collection; Comment Request; Patent Term Restoration; Due Diligence Petitions; Filing, Format, and Content of Petitions.” Received comments, those filed in a timely manner (see 
                    <E T="02">ADDRESSES</E>
                    ), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at 
                    <E T="03">https://www.regulations.gov</E>
                     or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500.
                </P>
                <P>
                    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on 
                    <E T="03">https://www.regulations.gov.</E>
                     Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: 
                    <E T="03">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.</E>
                </P>
                <P>
                    <E T="03">Docket:</E>
                     For access to the docket to read background documents or the electronic and written/paper comments received, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Anne Taylor, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 240-402-5683, 
                        <E T="03">PRAStaff@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the PRA (44 U.S.C. 3501-3521), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the 
                    <E T="04">Federal Register</E>
                     concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.
                </P>
                <P>With respect to the following collection of information, FDA invites comments on these topics: (1) whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.</P>
                <HD SOURCE="HD1">Patent Term Restoration; Due Diligence Petitions; Filing, Format, and Content of Petitions—21 CFR Part 60</HD>
                <HD SOURCE="HD2">OMB Control Number 0910-0233—Extension</HD>
                <P>
                    This information collection supports Agency regulations. FDA's patent extension activities are conducted under the authority of section 505(j) of the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) (21 U.S.C. 355(j)) and the Generic Animal Drug and Patent Term Restoration Act of 1988 (Pub. L. 100-670) (21 U.S.C. 301, 
                    <E T="03">et seq.</E>
                    ). The regulations are codified in part 60 (21 CFR part 60), Patent Term Restoration. New human drug, animal drug, human biological, medical device, food additive, or color additive products regulated by FDA must undergo FDA safety, or safety and effectiveness review before marketing is permitted. If the product is covered by a patent, part of the patent's term may be consumed during this review, which diminishes the value of the patent.
                </P>
                <P>
                    In enacting section 505(j) of the FD&amp;C Act and the Generic Animal Drug and Patent Term Restoration Act of 1988, Congress sought to encourage development of new, safer, and more effective medical and food additive products. It did so by authorizing the U.S. Patent and Trademark Office (USPTO) to extend the patent term by a portion of the time during which FDA's safety and effectiveness review prevented marketing of the product. The length of the patent term extension is generally limited to a maximum of 5 years and is calculated by USPTO based on a statutory formula. When a patent 
                    <PRTPAGE P="7499"/>
                    holder submits an application for patent term extension to USPTO, USPTO requests information from FDA, including the length of the regulatory review period for the patented product. If USPTO concludes that the product is eligible for patent term extension, FDA publishes a notice that describes the length of the regulatory review period and the dates used to calculate that period. Interested parties may request, under § 60.24 (21 CFR 60.24), revision of the length of the regulatory review period, or may petition under § 60.30 (21 CFR 60.30) to reduce the regulatory review period by any time where marketing approval was not pursued with “due diligence.”
                </P>
                <P>
                    In 21 CFR 60.36(a) 
                    <E T="03">due diligence</E>
                     is defined as “that degree of attention, continuous directed effort, and timeliness as may reasonably be expected from, and are ordinarily exercised by, a person during a regulatory review period.” As provided in § 60.30(c), a due diligence petition “shall set forth sufficient facts, including dates, if possible, to merit an investigation by FDA of whether the applicant acted with due diligence.” Upon receipt of a due diligence petition, FDA reviews the petition and evaluates whether any change in the regulatory review period is necessary. If so, the corrected regulatory review period is published in the 
                    <E T="04">Federal Register</E>
                    . A due diligence petitioner not satisfied with FDA's decision regarding the petition may, under § 60.40 (21 CFR 60.40), request an informal hearing for reconsideration of the due diligence determination. Petitioners are likely to include persons or organizations having knowledge that FDA's marketing permission for that product was not actively pursued throughout the regulatory review period. The information collection for which an extension of approval is being sought is the use of the statutorily created due diligence petition.
                </P>
                <P>We estimate the burden of this collection of information as follows:</P>
                <GPOTABLE COLS="6" OPTS="L2,nj,i1" CDEF="s50,11,12,9,10,5">
                    <TTITLE>
                        Table 1—Estimated Annual Reporting Burden 
                        <E T="51">1</E>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">21 CFR part 60—patent term restoration</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>burden per</LI>
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>hours</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Revision of regulatory review period determinations; § 60.24</ENT>
                        <ENT>4</ENT>
                        <ENT>1.25</ENT>
                        <ENT>5</ENT>
                        <ENT>100</ENT>
                        <ENT>500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Due diligence petitions; § 60.30</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>50</ENT>
                        <ENT>50</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Due diligence hearings; § 60.40</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>560</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         There are no capital costs or operating and maintenance costs associated with this collection of information.
                    </TNOTE>
                </GPOTABLE>
                <P>We base our estimates on our experience and the average number of requests for revision of regulatory review period determinations, due diligence petitions, and requests for hearing received in the past 3 years. We estimate that 4 respondents will submit an average of 1.25 requests for revision of the regulatory review period determinations annually, for a total of 5 requests received annually. We assume that it will take respondents 100 hours to prepare the factual and legal information necessary to submit a request for revision. Thus, we estimate a total reporting burden of 500 hours. We estimate that one or fewer due diligence petitions will be submitted annually and that will take a respondent 50 hours to prepare the petition, for a total of 50 hours. We estimate that one or fewer requests for hearing will be submitted annually and that it will take a respondent 10 hours to prepare the request for hearing, for a total of 10 hours.</P>
                <P>Based on a review of the information collection since our last request for OMB approval, we have made no adjustments to our burden estimate.</P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03094 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2025-N-2652]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco To Protect Children and Adolescents</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) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit written comments (including recommendations) on the collection of information by March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. The OMB control number for this information collection is 0910-0312. Also include the FDA docket number found in brackets in the heading of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Amber Barrett, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
                        <E T="03">PRAStaff@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.</P>
                <HD SOURCE="HD1">Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco To Protect Children and Adolescents—21 CFR Part 1140</HD>
                <HD SOURCE="HD2">OMB Control Number 0910-0312—Extension</HD>
                <P>
                    This information collection supports FDA regulatory requirements contained in part 1140 (21 CFR part 1140) authorized under Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 9) and associated agency guidance. Regulations in part 1140 establish permissible forms of labeling and advertising for cigarettes or smokeless tobacco and include 
                    <PRTPAGE P="7500"/>
                    reporting requirements directing persons to notify FDA if they intend to use a form of advertising or labeling that is not addressed in the regulations. Section 1140.30(a)(2) requires tobacco product manufacturers, distributors, and retailers to notify FDA if they intend to use advertising or labeling for cigarettes or smokeless tobacco in a medium that is not listed in section 1140.30(a)(1). The notice shall describe the medium and discuss the extent to which the advertising or labeling may be seen by persons younger than 18 years of age. The notifications must be made 30 days prior to the use of such media.
                </P>
                <P>
                    We allow electronic and written submission of these notifications. Respondents can mail notifications as prescribed in section 1140.30(a)(2) to FDA. Instructions providing clarification on how to format the notification may be found in the guidance document entitled ”Compliance with Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco To Protect Children and Adolescents” (2013) (
                    <E T="03">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/compliance-regulations-restricting-sale-and-distribution-cigarettes-and-smokeless-tobacco-protect</E>
                    ).
                </P>
                <P>
                    In the 
                    <E T="04">Federal Register</E>
                     of August 22, 2024 (90 FR 41085), FDA published a 60-day notice requesting public comment on the proposed collection of information. FDA received four comments. Two comments were responsive to the Paperwork Reduction Act (PRA) information collection topics solicited. Two comments were not responded to the PRA and will not be addressed here.
                </P>
                <P>The comments generally supported FDA's collection of information. The comments supported FDA's maintaining oversight related to youth tobacco access through the regulatory provision related to this collection, encouraged the FDA to enhance transparency of this collection by clearly providing better explanation about how retailer and manufacturer data is analyzed and used for enforcement or policy interventions, and recommended expanding digital tools and providing plain language guidance materials in multiple languages to minimize administrative burden and help retailers understand submission requirements.</P>
                <P>The comments also believed FDA has underestimated burden and suggested that there were ways to improve the collection by providing standardized submission templates, clearer definitions of unlisted media, illustrative examples, clarification of material changes requiring new notices, and different ways to provide supporting documentation. The comments believe FDA should provide target review and timelines and should implement an electronic submission portal, accept machine-readable attachments, allow consolidated annual or semiannual notification, provide a fillable submission template, and establish a safe-harbor correction window.</P>
                <P>In response, FDA thanks the commenters and agrees that this information collection has practical utility and is necessary for the proper performance of FDA's functions. Regarding burden estimates, FDA encourages detailed information be submitted and acknowledges burden for each respondent to the collection could vary and that it may take some respondents longer to complete the requirements than others. FDA tries to minimize burden by efficiently collecting information without compromising FDA's ability to identify and address violations by providing options to comply and allowing both electronic and mail submission of information. FDA believes that the average burden estimates per response are sufficient. FDA is always open to improve the quality, utility, and clarity of information we collect, and offers guidance regarding the types of information that should be included with a cover letter describing the information. FDA also provides a clear list of media that should be provided and options for providing supporting documentation and notes that any notification returned to the submitter is not intended to imply that prior approval is required before use of a medium.</P>
                <P>FDA estimates the burden of this collection of information as follows:</P>
                <GPOTABLE COLS="6" OPTS="L2,nj,i1" CDEF="s50,11,12,9,10,5">
                    <TTITLE>
                        Table 1—Estimated Annual Reporting Burden 
                        <E T="51">1</E>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Activity</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>burden per</LI>
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>hours</LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="n,s">
                        <ENT I="01">1140.30(a)(2)—Notification of other advertising or labeling medium</ENT>
                        <ENT>4</ENT>
                        <ENT>1</ENT>
                        <ENT>4</ENT>
                        <ENT>1</ENT>
                        <ENT>4</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>4</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         There are no capital costs or operating and maintenance costs associated with this collection of information.
                    </TNOTE>
                </GPOTABLE>
                <P>The burden hour estimates for this collection of information were based on submissions regarding cigarette and smokeless tobacco product advertising expenditures. FDA has received 12 such notifications to date since 2022. Based on a review of the information collection and the number of notifications received since 2022, FDA estimates that approximately four respondents will submit an annual notice of alternative advertising, and the Agency has estimated it should take one hour to provide such notice. Therefore, our estimated burden for the information collection reflects an overall decrease of 21 hours and a corresponding decrease of 21 responses.</P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03098 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2025-P-3575]</DEPDOC>
                <SUBJECT>Determination That TOLECTIN DS (Tolmetin Sodium) Capsule, Equivalent to 400 Milligrams Base, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness</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>
                    <PRTPAGE P="7501"/>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA, Agency, or we) has determined that TOLECTIN DS (tolmetin sodium) capsule, equivalent to (EQ) 400 milligrams (mg) base, was not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for tolmetin sodium, capsule, EQ 400 mg base, if all other legal and regulatory requirements are met.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Sungjoon Chi, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6216, Silver Spring, MD 20993-0002, 240-402-9674, 
                        <E T="03">Sungjoon.Chi@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Section 505(j) of the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) (21 U.S.C. 355(j)) allows the submission of an ANDA to market a generic version of a previously approved drug product. To obtain approval, the ANDA applicant must show, among other things, that the generic drug product: (1) has the same active ingredient(s), dosage form, route of administration, strength, conditions of use, and (with certain exceptions) labeling as the listed drug, which is a version of the drug that was previously approved, and (2) is bioequivalent to the listed drug. ANDA applicants do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA).</P>
                <P>Section 505(j)(7) of the FD&amp;C Act requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the “Approved Drug Products With Therapeutic Equivalence Evaluations,” which is known generally as the “Orange Book.” Under FDA regulations, a drug is removed from the list if the Agency withdraws or suspends approval of the drug's NDA or ANDA for reasons of safety or effectiveness, or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162).</P>
                <P>A person may petition the Agency to determine, or the Agency may determine on its own initiative, whether a listed drug was withdrawn from sale for reasons of safety or effectiveness. This determination may be made at any time after the drug has been withdrawn from sale, but must be made prior to approving an ANDA that refers to the listed drug (§ 314.161 (21 CFR 314.161)). FDA may not approve an ANDA that does not refer to a listed drug.</P>
                <P>TOLECTIN DS (tolmetin sodium) capsule, EQ 400 mg base, is the subject of NDA 018084, held by Ortho-McNeil-Janssen Pharmaceuticals, Inc., and initially approved on October 30, 1979. TOLECTIN DS is indicated for the relief of signs and symptoms of rheumatoid arthritis and osteoarthritis. TOLECTIN DS is indicated in the treatment of acute flares and the long-term management of the chronic disease. TOLECTIN DS is also indicated for treatment of juvenile rheumatoid arthritis. The safety and effectiveness of TOLECTIN DS have not been established in pediatric patients under 2 years of age.</P>
                <P>
                    In a letter dated May 29, 2008, Johnson &amp; Johnson Pharmaceutical Research &amp; Development, L.L.C., on behalf of Ortho-McNeil-Janssen Pharmaceuticals, Inc., requested withdrawal of NDA 018084 for TOLECTIN DS (tolmetin sodium) capsule, EQ 400 mg base. In the 
                    <E T="04">Federal Register</E>
                     of June 8, 2011 (76 FR 33310), FDA announced that it was withdrawing approval of NDA 018084, effective July 8, 2011.
                </P>
                <P>Senores Pharmaceuticals, Inc., submitted a citizen petition dated September 5, 2025 (Docket No. FDA-2025-P-3575), under 21 CFR 10.30, requesting that the Agency determine whether TOLECTIN DS (tolmetin sodium) capsule, EQ 400 mg base, was withdrawn from sale for reasons of safety or effectiveness.</P>
                <P>After considering the citizen petition and reviewing Agency records and based on the information we have at this time, FDA has determined under § 314.161 that TOLECTIN DS (tolmetin sodium) capsule, EQ 400 mg base, was not withdrawn for reasons of safety or effectiveness. The petitioner has identified no data or other information suggesting that TOLECTIN DS (tolmetin sodium) capsule, EQ 400 mg base, was withdrawn for reasons of safety or effectiveness. We have carefully reviewed our files for records concerning the withdrawal of TOLECTIN DS (tolmetin sodium) capsule, EQ 400 mg base, from sale. We have also independently evaluated relevant literature and data for possible postmarketing adverse events. We have found no information that would indicate that this drug product was withdrawn from sale for reasons of safety or effectiveness.</P>
                <P>Accordingly, the Agency will continue to list TOLECTIN DS (tolmetin sodium) capsule, EQ 400 mg base, in the “Discontinued Drug Product List” section of the Orange Book. The “Discontinued Drug Product List” delineates, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness. ANDAs that refer to TOLECTIN DS (tolmetin sodium) capsule, EQ 400 mg base, may be approved by the Agency as long as they meet all other legal and regulatory requirements for the approval of ANDAs. If FDA determines that labeling for this drug product should be revised to meet current standards, the Agency will advise ANDA applicants to submit such labeling.</P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03213 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2025-N-0308]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Emerging Drug Safety Technology Program</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) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit written comments (including recommendations) on the collection of information by March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. The title of this information collection is “Emerging Drug Safety Technology Program.” Also include the FDA docket number found in brackets in the heading of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ila S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-1244, 
                        <E T="03">PRAStaff@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <PRTPAGE P="7502"/>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.</P>
                <HD SOURCE="HD1">Emerging Drug Safety Technology Program</HD>
                <HD SOURCE="HD2">OMB Control Number 0910-New</HD>
                <P>FDA has a longstanding commitment to ensure medicines marketed in the United States are safe through continued surveillance and research following approval. In the postmarket setting, regulated industry (per 21 CFR 314.80, 314.98, and 600.80) is obligated to review all adverse drug experience information received or otherwise obtained and submit reports to FDA. Both industry and regulatory authorities face challenges with timely and efficient collection, processing, and evaluation of single and aggregate patient safety data compounded by ever-increasing case volumes. Advances in emerging technology have the potential to address some of these challenges by creating more efficiencies within a pharmacovigilance (PV) surveillance system. The pharmaceutical industry is expanding its use of artificial intelligence (AI) and other emerging technologies across the drug product lifecycle, including PV.</P>
                <P>
                    FDA is interested in accelerating its understanding of how AI-enabled tools and other emerging technologies are being used for PV, their associated risks and benefits, model evaluation processes (including performance characteristics), and barriers to implementation. The Emerging Drug Safety Technology Program (EDSTP) 
                    <SU>1</SU>
                     is a means by which applicants and/or other relevant parties who meet the eligibility and selection criteria for participation can meet with the Center for Drug Evaluation and Research (CDER), through Emerging Drug Safety Technology Meetings (EDSTMs), to share information about their use of AI and other emerging technologies, and their potential applications in post-market PV.
                </P>
                <P>
                    The initial phase of the EDSTP was announced in the 
                    <E T="04">Federal Register</E>
                     on June 11, 2024 (89 FR 49179). Since then, CDER has received numerous meeting requests and inquiries from the pharmaceutical industry and other relevant parties, seeking to discuss their latest applications of emerging technologies in PV. The requests represent a diverse set of use cases that are of interest to the Agency. Given the current level of interest in the program expressed by respondents, FDA anticipates an increase in the number of meetings granted to expand the Agency's understanding of how AI-enabled tools and other emerging technologies are being used in PV.
                </P>
                <P>The purpose of the EDSTMs is to facilitate discussion and mutual learning of the pharmaceutical industry's application of these technologies in PV. If selected for a meeting, participants will meet with CDER staff to discuss their research, development, and/or use of AI and other emerging technologies in PV. FDA plans to leverage these learnings to help inform potential regulatory and policy approaches around the use of AI and other emerging technologies in PV.</P>
                <P>The EDSTP will collect information for the following purposes: (1) serve as the central point of contact for dialogue between industry and CDER on the use of AI and other emerging technologies in PV; (2) enable knowledge management and transfer within FDA specific to the context of use for AI or other emerging technologies in PV; and (3) further thinking about policy and application of potential regulatory approaches within the landscape of AI and other emerging technologies.</P>
                <P>
                    Respondents include applicants with at least one approved application regulated by CDER and/or other relevant parties supporting industry's PV activities (
                    <E T="03">e.g.,</E>
                     academia, contract research organizations (CROs), PV vendors, software developers) who develop, leverage, or intend to leverage AI or other emerging technologies that can be used to satisfy the postmarketing reporting requirements in 21 CFR 314.80, 314.98, and 600.80.
                </P>
                <P>Respondents will provide an initial submission to FDA detailing their meeting proposal. We estimate this will require 10 hours to prepare. If selected for participation in an EDSTM, the respondent will need to prepare and deliver a 20-50 minute presentation, which will require an additional burden of 30 hours. FDA estimates 25 organizations will submit requests to present at EDSTMs per year, and 12 meetings will be held per year.</P>
                <P>
                    In the 
                    <E T="04">Federal Register</E>
                     of July 3, 2025 (90 FR 29561) FDA published a 60-day notice soliciting comment on the proposed collection of information. FDA received one comment. The submitter provided supportive comments of the FDA's EDSTP. However, the one comment was not responsive to the four collection of information topics solicited and therefore will not be further discussed in this document.
                </P>
                <P>FDA estimates the burden of the information collection as follows:</P>
                <GPOTABLE COLS="6" OPTS="L2,nj,i1" CDEF="s50,11,12,9,10,5">
                    <TTITLE>
                        Table 1—Estimated Annual Reporting Burden 
                        <SU>1</SU>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Activity</CHED>
                        <CHED H="1">Number of respondents</CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">Average burden per response</CHED>
                        <CHED H="1">Total hours</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Industry request to give presentation at EDSTM</ENT>
                        <ENT>25</ENT>
                        <ENT>1</ENT>
                        <ENT>25</ENT>
                        <ENT>10</ENT>
                        <ENT>250</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Industry preparing and delivering presentation at EDSTM after the request has been granted</ENT>
                        <ENT>12</ENT>
                        <ENT>1</ENT>
                        <ENT>12</ENT>
                        <ENT>30</ENT>
                        <ENT>360</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT>37</ENT>
                        <ENT/>
                        <ENT>610</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         There are no capital costs or operating and maintenance costs associated with this collection of information.
                    </TNOTE>
                </GPOTABLE>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03093 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7503"/>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2025-N-0615]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Generic Clearance for Quick Turnaround Testing of Communication Effectiveness</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) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit written comments (including recommendations) on the collection of information by March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. The OMB control number for this information collection is 0910-0876. Also include the FDA docket number found in brackets in the heading of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Christopher Colburn, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8758, 
                        <E T="03">PRAStaff@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.</P>
                <HD SOURCE="HD1">Generic Clearance for Quick Turnaround Testing of Communication Effectiveness</HD>
                <HD SOURCE="HD2">OMB Control Number 0910-0876—Extension</HD>
                <P>The FDA Food Safety Modernization Act (FSMA) (Pub. L. 111-353) enables FDA to better protect public health by helping to ensure the safety and security of the food supply. It enables FDA to focus more on preventing food safety problems rather than relying primarily on reacting to problems after they occur. FSMA recognizes the important role consumers and stakeholders play in ensuring the safety of the food supply, which helps ensure that suppliers produce food that meets U.S. safety standards. Section 1003(d)(2) of the FD&amp;C Act (21 U.S.C. 393(d)(2)) authorizes FDA to conduct food research and educational and public information programs relating to the safety of the nation's food supply. One way the FDA supports these programs is through the use of this collection of information.</P>
                <P>This notice requests extension of OMB approval of the FDA information collection for a generic clearance that allows FDA to occasionally communicate with consumers and other stakeholders about immediate health issues which could affect public health and safety. This collection of information allows the use of fast-track methods of communication such as quick turnaround surveys, focus groups, and in-depth interviews collected from consumers and other stakeholders to communicate FDA issues of immediate and important public health significance. We plan on using these methods of communication to collect vital public health and safety information. FDA plans to use the data collected under this generic clearance to test consumer or other stakeholder reaction to communications, advisories, and other educational messages under development or review when there are urgent public health matters requiring the dissemination of FDA communications. The tests will allow FDA to better understand consumers' responses, including behavior, knowledge, beliefs, perceptions, and attitudes to topics and concepts included in the communications. The data will not be directly used for the purposes of making regulatory or other policy decisions.</P>
                <P>For example, these methods of communication might be used when there is a foodborne illness outbreak, food recall, or other situation requiring expedited FDA food, dietary supplement, infant formula, or animal food or feed communications. So that FDA may better protect the public health, the Agency needs quick turnaround information provided by this collection of information to help ensure its messaging has reached the target audience, has been effective, and, if needed, to update its communications during these events. FDA has used this collection in the past three years by conducting quick turnaround surveys measuring communication effectiveness for the 2023 Salmonella Infantis Flour Recall, 2023 Hepatitis A Virus Infections/Frozen strawberry recall, and 2023 applesauce pouches recall. We also conducted food recall focus groups. This information gathered from these surveys and focus groups helped us understand how consumers and the public react to FDA communications messages and become aware of foodborne illness outbreaks and food recalls.</P>
                <P>FDA will only submit a collection for approval under this generic clearance if it meets the following conditions:</P>
                <P>• The collections are voluntary;</P>
                <P>• The collections are low burden for participants (based on considerations of total burden hours, total number of participants, or burden hours per respondent) and are low cost for both the participants and the Federal Government;</P>
                <P>• The collections are noncontroversial;</P>
                <P>• Personally identifiable information is collected by the contractor for their benefit only to the extent necessary, is not shared with FDA, and is not retained; and</P>
                <P>• Information gathered will not be used for substantially informing influential policy decisions.</P>
                <P>
                    If these conditions are not met, FDA will submit an information collection request to OMB for approval through the normal PRA process. To obtain approval for a collection that meets the conditions of this generic clearance, an abbreviated supporting statement will be submitted to OMB along with supporting documentation (
                    <E T="03">e.g.,</E>
                     a copy of the survey, focus group or interview guide, and stimuli).
                </P>
                <P>Respondents to this collection of information include a wide range of consumers and other FDA stakeholders such as producers and manufacturers of FDA-regulated food, infant formula, dietary supplements, and animal food and feed. Participation will be voluntary.</P>
                <P>
                    In the 
                    <E T="04">Federal Register</E>
                     of July 3, 2025 (90 FR 29565), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received.
                </P>
                <P>
                    FDA estimates the burden of this collection of information as follows:
                    <PRTPAGE P="7504"/>
                </P>
                <GPOTABLE COLS="6" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,11,12,9,xs72,12">
                    <TTITLE>
                        Table 1—Estimated Reporting Burden 
                        <SU>1</SU>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Survey type</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Average burden
                            <LI>per response</LI>
                        </CHED>
                        <CHED H="1">Total hours</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">In-depth Interviews, Cognitive Interviews Screener</ENT>
                        <ENT>45</ENT>
                        <ENT>1</ENT>
                        <ENT>45</ENT>
                        <ENT>0.083 (5 minutes)</ENT>
                        <ENT>4</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">In-depth Interviews, Cognitive Interviews</ENT>
                        <ENT>9</ENT>
                        <ENT>1</ENT>
                        <ENT>9</ENT>
                        <ENT>1</ENT>
                        <ENT>9</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">In-depth Interviews Screener</ENT>
                        <ENT>300</ENT>
                        <ENT>1</ENT>
                        <ENT>300</ENT>
                        <ENT>0.083 (5 minutes)</ENT>
                        <ENT>25</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">In-depth Interviews</ENT>
                        <ENT>60</ENT>
                        <ENT>1</ENT>
                        <ENT>60</ENT>
                        <ENT>1</ENT>
                        <ENT>60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Survey Cognitive Interviews Screener</ENT>
                        <ENT>45</ENT>
                        <ENT>1</ENT>
                        <ENT>45</ENT>
                        <ENT>0.083 (5 minutes)</ENT>
                        <ENT>4</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Survey Cognitive Interviews</ENT>
                        <ENT>9</ENT>
                        <ENT>1</ENT>
                        <ENT>9</ENT>
                        <ENT>1</ENT>
                        <ENT>9</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Pretest survey screener</ENT>
                        <ENT>1,500</ENT>
                        <ENT>1</ENT>
                        <ENT>1,500</ENT>
                        <ENT>0.083 (5 minutes)</ENT>
                        <ENT>124</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Pretest survey</ENT>
                        <ENT>300</ENT>
                        <ENT>1</ENT>
                        <ENT>300</ENT>
                        <ENT>0.25 (15 minutes)</ENT>
                        <ENT>76</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Self-Administered Surveys—Study Screener</ENT>
                        <ENT>7,500</ENT>
                        <ENT>1</ENT>
                        <ENT>7,500</ENT>
                        <ENT>0.083 (5 minutes)</ENT>
                        <ENT>622.5</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Self-Administered Surveys</ENT>
                        <ENT>1,500</ENT>
                        <ENT>1</ENT>
                        <ENT>1,500</ENT>
                        <ENT>0.25 (15 minutes)</ENT>
                        <ENT>375</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Focus Group/Small Group, Cognitive Groups Screener</ENT>
                        <ENT>180</ENT>
                        <ENT>1</ENT>
                        <ENT>180</ENT>
                        <ENT>0.083 (5 minutes)</ENT>
                        <ENT>15</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Focus Group/Small Group, Cognitive Groups</ENT>
                        <ENT>60</ENT>
                        <ENT>1</ENT>
                        <ENT>60</ENT>
                        <ENT>1.5 (90 minutes)</ENT>
                        <ENT>90</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Focus Group/Small Group Participant Screening</ENT>
                        <ENT>720</ENT>
                        <ENT>1</ENT>
                        <ENT>720</ENT>
                        <ENT>0.083 (5 minutes)</ENT>
                        <ENT>60</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Focus Group/Small Group Discussion</ENT>
                        <ENT>240</ENT>
                        <ENT>1</ENT>
                        <ENT>240</ENT>
                        <ENT>1.5 (90 minutes)</ENT>
                        <ENT>360</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>1,833.5</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         There are no capital costs or operating and maintenance costs associated with this collection of information.
                    </TNOTE>
                </GPOTABLE>
                <P>Since our initial request for continued approval, we have reevaluated actual usage of individual clearance requests. Accordingly, we have adjusted our estimate downward.</P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03095 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2025-N-1560]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Electronic Products Requirements</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) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit written comments (including recommendations) on the collection of information by March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. The OMB control number for this information collection is 0910-0025.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Amber Barrett, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
                        <E T="03">PRAStaff@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.</P>
                <HD SOURCE="HD1">Electronic Products Requirements</HD>
                <HD SOURCE="HD2">OMB Control Number 0910-0025—Revision</HD>
                <P>Under sections 532 through 542 of the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) (21 U.S.C. 360ii through 360ss), FDA has the responsibility to protect the public from unnecessary exposure of radiation from electronic products. The regulations issued under these authorities are listed in Title 21 of the Code of Federal Regulations, chapter I, subchapter J, parts 1000 through 1050 (21 CFR parts 1000 through 1050).</P>
                <P>Section 532 of the FD&amp;C Act directs the Secretary of Health and Human Services (the Secretary), to establish and carry out an electronic product radiation control program, including the development, issuance, and administration of performance standards to control the emission of electronic product radiation from electronic products. The program is designed to protect the public health and safety from electronic radiation, and the FD&amp;C Act authorizes the Secretary to procure (by negotiation or otherwise) electronic products for research and testing purposes and to sell or otherwise dispose of such products. Section 534(g) of the FD&amp;C Act directs the Secretary to review and evaluate industry testing programs on a continuing basis; and section 535(e) and (f) of the FD&amp;C Act directs the Secretary to immediately notify manufacturers of, and ensure correction of, radiation defects or noncompliance with performance standards. Section 537(b) of the FD&amp;C Act contains the authority to require manufacturers of electronic products to establish and maintain records (including testing records), make reports, and provide information to determine whether the manufacturer has acted in compliance.</P>
                <P>The regulations under parts 1002 through 1010 specify reports to be provided by manufacturers and distributors to FDA and records to be maintained in the event of an investigation of a safety concern or a product recall. FDA conducts laboratory compliance testing of products covered by regulations for product standards in parts 1020, 1030, 1040, and 1050.</P>
                <P>
                    FDA details product-specific performance standards that specify information to be supplied with the product or require specific reports. The information collections are either specifically called for in the FD&amp;C Act or were developed to aid the Agency in performing its obligations under the FD&amp;C Act. The data reported to FDA and the records maintained are used by FDA and the industry to make decisions and take actions that protect the public from radiation hazards presented by electronic products. This information refers to the identification of, location of, operational characteristics of, quality assurance programs for, and problem identification and correction of electronic products. The data provided to users and others are intended to encourage actions to reduce or eliminate radiation exposures.
                    <PRTPAGE P="7505"/>
                </P>
                <P>FDA uses the following forms to aid respondents in the submission of information for this information collection:</P>
                <FP SOURCE="FP-1">• Form FDA 2579 “Report of Assembly of a Diagnostic X-Ray System”</FP>
                <FP SOURCE="FP-1">• Form FDA 2767 “Notice of Availability of Sample Electronic Product”</FP>
                <FP SOURCE="FP-1">• Form FDA 2877 “Declaration for Imported Electronic Products Subject to Radiation Control Standards”</FP>
                <FP SOURCE="FP-1">• Form FDA 3626 “A Guide for the Submission of Initial Reports on Diagnostic X-Ray Systems and Their Major Components”</FP>
                <FP SOURCE="FP-1">• Form FDA 3627 “Diagnostic X-Ray CT Products Radiation Safety Report”</FP>
                <FP SOURCE="FP-1">• Form FDA 3628 “General Annual Report (Includes Medical, Analytical, and Industrial X-Ray Products Annual Report)”</FP>
                <FP SOURCE="FP-1">• Form FDA 3629 “Abbreviated Report”</FP>
                <FP SOURCE="FP-1">• Form FDA 3630 “Guide for Preparing Product Reports on Sunlamps and Sunlamp Products”</FP>
                <FP SOURCE="FP-1">• Form FDA 3631 “Guide for Preparing Annual Reports on Radiation Safety Testing of Sunlamp Products”</FP>
                <FP SOURCE="FP-1">• Form FDA 3632 “Guide for Preparing Product Reports on Lasers and Products Containing Lasers”</FP>
                <FP SOURCE="FP-1">• Form FDA 3633 “General Variance Request”</FP>
                <FP SOURCE="FP-1">• Form FDA 3634 “Television Products Annual Report”</FP>
                <FP SOURCE="FP-1">• Form FDA 3635 “Laser Light Show Notification”</FP>
                <FP SOURCE="FP-1">• Form FDA 3636 “Guide for Preparing Annual Reports on Radiation Safety Testing of Laser and Laser Light Show Products”</FP>
                <FP SOURCE="FP-1">• Form FDA 3637 “Laser Original Equipment Manufacturer (OEM) Report”</FP>
                <FP SOURCE="FP-1">• Form FDA 3638 “Guide for Filing Annual Reports for X-Ray Components and Systems”</FP>
                <FP SOURCE="FP-1">• Form FDA 3639 “Guidance for the Submission of Cabinet X-Ray System Reports Pursuant to21 CFR 1020.40”</FP>
                <FP SOURCE="FP-1">• Form FDA 3640 “Reporting Guide for Laser Light Shows and Displays”</FP>
                <FP SOURCE="FP-1">• Form FDA 3147 “Application for a Variance From21 CFR 1040.11(c) for a Laser Light Show, Display, or Device”</FP>
                <FP SOURCE="FP-1">• Form FDA 3641 “Cabinet X-Ray Annual Report”</FP>
                <FP SOURCE="FP-1">• Form FDA 3642 “General Correspondence”</FP>
                <FP SOURCE="FP-1">• Form FDA 3643 “Microwave Oven Products Annual Report”</FP>
                <FP SOURCE="FP-1">• Form FDA 3644 “Guide for Preparing Product Reports for Ultrasonic Therapy Products”</FP>
                <FP SOURCE="FP-1">• Form FDA 3645 “Guide for Preparing Annual Reports for Ultrasonic Therapy Products”</FP>
                <FP SOURCE="FP-1">• Form FDA 3646 “Mercury Vapor Lamp Products Radiation Safety Report”</FP>
                <FP SOURCE="FP-1">• Form FDA 3647 “Guide for Preparing Annual Reports on Radiation Safety Testing of Mercury Vapor Lamps”</FP>
                <FP SOURCE="FP-1">• Form FDA 3649 “Accidental Radiation Occurrence (ARO)”</FP>
                <FP SOURCE="FP-1">• Form FDA 3649C “Consumer Accidental Radiation Occurrence Report”</FP>
                <FP SOURCE="FP-1">• Form FDA 3659 “Reporting and Compliance Guide for Television Products”</FP>
                <FP SOURCE="FP-1">• Form FDA 3660 “Guidance for Preparing Reports on Radiation Safety of Microwave Ovens”</FP>
                <FP SOURCE="FP-1">• Form FDA 3661 “A Guide for the Submission of an Abbreviated Report on X-Ray Tables, Cradles, Film Changers, or Cassette Holders Intended for Diagnostic Use”</FP>
                <FP SOURCE="FP-1">• Form FDA 3662 “A Guide for the Submission of an Abbreviated Radiation Safety Report on Cephalometric Devices Intended for Diagnostic Use”</FP>
                <FP SOURCE="FP-1">• Form FDA 3663 “Abbreviated Reports on Radiation Safety for Microwave Products (Other than Microwave Ovens)”</FP>
                <FP SOURCE="FP-1">• Form FDA 3801 “Guide for Preparing Initial Reports and Model Change Reports on Medical Ultraviolet Lamps and Products Containing Such Lamps”</FP>
                <P>The respondents to this information collection are electronic product and x-ray manufacturers, importers, consumers, and assemblers. The burden estimates were derived by consultation with FDA and industry personnel, and are based on data collected from industry, including product report submissions. An evaluation of the type and scope of information requested was also used to derive some time estimates.</P>
                <P>
                    In the 
                    <E T="04">Federal Register</E>
                     of July, 14, 2025 (90 FR 31211), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received.
                </P>
                <P>FDA estimates the burden of this collection of information as follows:</P>
                <GPOTABLE COLS="7" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,r60,11,12,9,xs64,7">
                    <TTITLE>
                        Table 1—Estimated Annual Reporting Burden 
                        <SU>1</SU>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Activity/21 CFR section</CHED>
                        <CHED H="1">FDA form</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>responses</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>burden per</LI>
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>hours</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Product reports—1002.10(a)-(k)</ENT>
                        <ENT>3639—Cabinet x-ray, 3632—Laser, 3640—Laser light show, 3630—Sunlamp, 3659—TV, 3660—Microwave oven, 3801—UV lamps</ENT>
                        <ENT>1,686</ENT>
                        <ENT>2.2</ENT>
                        <ENT>3,709</ENT>
                        <ENT>24</ENT>
                        <ENT>89,016</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Supplemental reports—1002.11(a)-(b)</ENT>
                        <ENT/>
                        <ENT>484</ENT>
                        <ENT>2.5</ENT>
                        <ENT>1,210</ENT>
                        <ENT>0.5 (30 minutes)</ENT>
                        <ENT>605</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Abbreviated reports—1002.12</ENT>
                        <ENT>3629—General abbreviated report, 3646—Mercury vapor lamp products radiation safety report, 3663—Microwave products (non-oven)</ENT>
                        <ENT>80</ENT>
                        <ENT>1.8</ENT>
                        <ENT>144</ENT>
                        <ENT>5</ENT>
                        <ENT>720</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Annual reports—1002.13(a)-(b)</ENT>
                        <ENT>3628—General, 3634—TV, 3641—Cabinet x-ray, 3643—Microwave oven, 3636—Laser, 3631—Sunlamp</ENT>
                        <ENT>2,344</ENT>
                        <ENT>1.3</ENT>
                        <ENT>3,047</ENT>
                        <ENT>18</ENT>
                        <ENT>54,846</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Accidental radiation occurrence reports—1002.20</ENT>
                        <ENT>3649—ARO</ENT>
                        <ENT>96</ENT>
                        <ENT>4</ENT>
                        <ENT>384</ENT>
                        <ENT>2</ENT>
                        <ENT>768</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Accidental radiation occurrence reports—1002.20</ENT>
                        <ENT>3649S—ARO Summary</ENT>
                        <ENT>4</ENT>
                        <ENT>4</ENT>
                        <ENT>16</ENT>
                        <ENT>10</ENT>
                        <ENT>160</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Accidental radiation occurrence reports—1002.20</ENT>
                        <ENT>3649C—Consumer ARO</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>10</ENT>
                        <ENT>0.25</ENT>
                        <ENT>3</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Exemption requests—1002.50(a) and 1002.51</ENT>
                        <ENT>3642—General correspondence</ENT>
                        <ENT>5</ENT>
                        <ENT>1.3</ENT>
                        <ENT>7</ENT>
                        <ENT>1</ENT>
                        <ENT>7</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Product and sample information—1005.10</ENT>
                        <ENT>2767—Sample product</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>10</ENT>
                        <ENT>0.1 (6 minutes)</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Identification information and compliance status—1005.25</ENT>
                        <ENT>2877—Imports declaration</ENT>
                        <ENT>14,506</ENT>
                        <ENT>67</ENT>
                        <ENT>971,902</ENT>
                        <ENT>0.2 (12 minutes)</ENT>
                        <ENT>194,380</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="7506"/>
                        <ENT I="01">Alternate means of certification—1010.2(d)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>5</ENT>
                        <ENT>5</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Variance—1010.4(b)</ENT>
                        <ENT>3633—General variance request, 3147—Laser show variance request, 3635—Laser show notification</ENT>
                        <ENT>580</ENT>
                        <ENT>1.1</ENT>
                        <ENT>638</ENT>
                        <ENT>1.2</ENT>
                        <ENT>766</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Exemption from performance standards—1010.5(c) and (d)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>22</ENT>
                        <ENT>22</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Alternate test procedures—1010.13</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Microwave oven exemption from warning labels—1030.10(c)(6)(iv)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW RUL="n,n,s">
                        <ENT I="01">Laser products registration—1040.10(a)(3)(i)</ENT>
                        <ENT>3637—Original equipment manufacturer (OEM) report</ENT>
                        <ENT>42</ENT>
                        <ENT>2.9</ENT>
                        <ENT>122</ENT>
                        <ENT>3</ENT>
                        <ENT>366</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT>19,851</ENT>
                        <ENT/>
                        <ENT>981,203</ENT>
                        <ENT/>
                        <ENT>341,676</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Numbers have been rounded.
                    </TNOTE>
                </GPOTABLE>
                <GPOTABLE COLS="6" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,13,12,9,xs64,7">
                    <TTITLE>
                        Table 2—Estimated Annual Recordkeeping Burden 
                        <SU>1</SU>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Activity/21 CFR section</CHED>
                        <CHED H="1">
                            Number of
                            <LI>recordkeepers</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>records per</LI>
                            <LI>recordkeeper</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>records</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>burden per</LI>
                            <LI>recordkeeping</LI>
                        </CHED>
                        <CHED H="1">Total hours</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Manufacturer test and distribution records—1002.30 and 1002.31(a)</ENT>
                        <ENT>2,129</ENT>
                        <ENT>1,650</ENT>
                        <ENT>3,512,850</ENT>
                        <ENT>0.12 (7 minutes)</ENT>
                        <ENT>421,542</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Dealer/distributor records—1002.40 and 1002.41</ENT>
                        <ENT>3,000</ENT>
                        <ENT>50</ENT>
                        <ENT>150,000</ENT>
                        <ENT>0.05 (3 minutes)</ENT>
                        <ENT>7,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Information on diagnostic x-ray systems—1020.30(g)</ENT>
                        <ENT>50</ENT>
                        <ENT>1</ENT>
                        <ENT>50</ENT>
                        <ENT>0.5 (30 minutes)</ENT>
                        <ENT>25</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Laser products distribution records—1040.10(a)(3)(ii)</ENT>
                        <ENT>121</ENT>
                        <ENT>1</ENT>
                        <ENT>121</ENT>
                        <ENT>1</ENT>
                        <ENT>121</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT>5,300</ENT>
                        <ENT/>
                        <ENT>3,663,021</ENT>
                        <ENT/>
                        <ENT>429,188</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Numbers have been rounded.
                    </TNOTE>
                </GPOTABLE>
                <GPOTABLE COLS="7" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,r25,10,10,9,xs64,7">
                    <TTITLE>Table 3—Estimated Annual Third-Party Disclosure Burden</TTITLE>
                    <BOXHD>
                        <CHED H="1">Activity/21 CFR section</CHED>
                        <CHED H="1">FDA form</CHED>
                        <CHED H="1">
                            Number of
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>disclosures</LI>
                            <LI>per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>annual</LI>
                            <LI>disclosures</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>burden per</LI>
                            <LI>disclosure</LI>
                        </CHED>
                        <CHED H="1">
                            Total hours 
                            <SU>1</SU>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Technical and safety information for users—1002.3</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>12</ENT>
                        <ENT>12</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Dealer/distributor records—1002.40 and 1002.41</ENT>
                        <ENT/>
                        <ENT>30</ENT>
                        <ENT>3</ENT>
                        <ENT>90</ENT>
                        <ENT>1</ENT>
                        <ENT>90</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Television receiver critical component warning—1020.10(c)(4)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cold cathode tubes—1020.20(c)(4)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Report of assembly of diagnostic x-ray components—1020.30(d), (d)(1), and (d)(2)</ENT>
                        <ENT>FDA 2579—Assembler report</ENT>
                        <ENT>1,235</ENT>
                        <ENT>34</ENT>
                        <ENT>41,990</ENT>
                        <ENT>0.30 (18 minutes)</ENT>
                        <ENT>12,597</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Information on diagnostic x-ray systems—1020.30(g)</ENT>
                        <ENT/>
                        <ENT>6</ENT>
                        <ENT>1</ENT>
                        <ENT>6</ENT>
                        <ENT>55</ENT>
                        <ENT>330</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Statement of maximum line current of x-ray systems—1020.30(g)(2)</ENT>
                        <ENT/>
                        <ENT>6</ENT>
                        <ENT>1</ENT>
                        <ENT>6</ENT>
                        <ENT>10</ENT>
                        <ENT>60</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Diagnostic x-ray system safety and technical information—1020.30(h)(1)-(h)(4)</ENT>
                        <ENT/>
                        <ENT>6</ENT>
                        <ENT>1</ENT>
                        <ENT>6</ENT>
                        <ENT>200</ENT>
                        <ENT>1,200</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Fluoroscopic x-ray system safety and technical information—1020.30(h)(5)-(h)(6) and 1020.32(a)(1), (g), and (j)(4)</ENT>
                        <ENT/>
                        <ENT>5</ENT>
                        <ENT>1</ENT>
                        <ENT>5</ENT>
                        <ENT>25</ENT>
                        <ENT>125</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">CT equipment—1020.33(c)-(d), (g)(4), and (j)</ENT>
                        <ENT/>
                        <ENT>5</ENT>
                        <ENT>1</ENT>
                        <ENT>5</ENT>
                        <ENT>150</ENT>
                        <ENT>750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cabinet x-ray systems information—1020.40(c)(9)(i)-(c)(9)(ii)</ENT>
                        <ENT/>
                        <ENT>6</ENT>
                        <ENT>1</ENT>
                        <ENT>6</ENT>
                        <ENT>40</ENT>
                        <ENT>240</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Microwave oven radiation safety instructions—1030.10(c)(4)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>20</ENT>
                        <ENT>20</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Microwave oven safety information and instructions—1030.10(c)(5)(i)-(c)(5)(iv)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>20</ENT>
                        <ENT>20</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Microwave oven warning labels—1030.10(c)(6)(iii)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Laser products information—1040.10(h)(1)(i)-(h)(1)(vi)</ENT>
                        <ENT/>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>2</ENT>
                        <ENT>20</ENT>
                        <ENT>40</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Laser product service information—1040.10(h)(2)(i)-(h)(2)(ii)</ENT>
                        <ENT/>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>2</ENT>
                        <ENT>20</ENT>
                        <ENT>40</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Medical laser product instructions—1040.11(a)(2)</ENT>
                        <ENT/>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>2</ENT>
                        <ENT>10</ENT>
                        <ENT>20</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sunlamp products instructions—1040.20</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mercury vapor lamp labeling—1040.30(c)(1)(ii)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW RUL="n,n,s">
                        <ENT I="01">Mercury vapor lamp permanently affixed labels—1040.30(c)(2)</ENT>
                        <ENT/>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT>1,314</ENT>
                        <ENT/>
                        <ENT>42,129</ENT>
                        <ENT/>
                        <ENT>15,559</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Total hours have been rounded.
                    </TNOTE>
                </GPOTABLE>
                <P>Our estimated burden for the information collection reflects an overall increase of 381,821 hours and a corresponding increase of 2,135,962 responses/records.</P>
                <P>
                    We attribute this adjustment to the addition of the new FDA Form 3649C to this collection and the adjustment to an 
                    <PRTPAGE P="7507"/>
                    increase in respondents in the number of submissions we received over the last few years.
                </P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03097 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Topics on neurodevelopment, neurodegeneration, and the blood brain barrier.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         March 17, 2026.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 12:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Eric S. Tucker, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 451-1141, 
                        <E T="03">eric.tucker@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Oncology 1-Basic Translational Integrated Review Group; Tumor Evolution, Heterogeneity and Metastasis Study Section.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         March 18-19, 2026.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address</E>
                        : National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Adriana Stoica, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 443-9734, 
                        <E T="03">Stoicaa2@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Applied Therapeutics for Cancer Integrated Review Group; Drug Discovery and Molecular Pharmacology C Study Section.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         March 20, 2026.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         8:30 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Alireza S. Alavi, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 480-4108, 
                        <E T="03">ali.alavi@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; PAR Panel: Complementary and Integrative Health Approaches and Mind and Body Interventions.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         March 20, 2026.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Sonia Elena Nanescu, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 594-8163, 
                        <E T="03">sonia.nanescu@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; RFA-CA-25-002: Advanced Development and Validation of Emerging Molecular and Cellular Analysis Technologies for Basic and Clinical Cancer Research (R33).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         March 20, 2026.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20852.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Marie-Jose Belanger, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Rm. 6188, MSC 7804, Bethesda, MD 20892, 301-435-1267, 
                        <E T="03">belangerm@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Fellowships: Kidney, Urology, and Related Disciplines.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         March 20, 2026.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:30 p.m. to 4:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Ryan G. Morris, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 451-1322, 
                        <E T="03">ryan.morris@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03200 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Fellowships: Biochemistry, Chemistry &amp; Biophysics.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         March 3, 2026.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Dennis Pantazatos, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 594-2381, 
                        <E T="03">dennis.pantazatos@nih.gov.</E>
                    </P>
                    <P>This notice is being published less than 15 days from the meeting date due to exceptional circumstances. As a result of the government shutdown, due to lapsed appropriations, the above meeting was canceled. This meeting was to assess the scientific and technical merit of NIH grant applications, required by statute to disburse NIH funds. The meeting must take place urgently so that evaluations of biomedical research applications addressing multiple major public health priorities can be submitted to the national advisory councils for timely funding recommendations.</P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <PRTPAGE P="7508"/>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>Bruce A. George, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03201 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <DEPDOC>[Docket No. USCG-2025-0101]</DEPDOC>
                <SUBJECT>Proposal To Relocate the COLREGS Demarcation Line, Atlantic Coast, New York Harbor</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Request for information.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard seeks input from the public on a proposed change to the demarcation line in the New York Harbor. We request public input to help in assessing the current state of navigation safety and regulation in the New York Harbor area and associated waterways which make up the approaches. This information will support our understanding of the diverse array of waterways users and who this change may affect. Coast Guard requests information on whether we should make a change and how an earlier or later change in the demarcation line impacts vessel operations and transit.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received by the Coast Guard on or before May 19, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may submit comments identified by docket number USCG-2025-0101 at 
                        <E T="03">https://www.regulations.gov.</E>
                         See the “Public Participation and Request for Comments” portion of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section for further instructions on submitting comments.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For information about this document call or email Lieutenant Commander John Nolan, Office of Navigation Systems (CG-NAV), Coast Guard; telephone 202-372-1566, email 
                        <E T="03">cgnav@uscg.mil.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Public Participation and Comments</HD>
                <P>Coast Guard encourages you to submit comments or related material on the petitioner's Proposal to Relocate the International Regulations for Preventing Collisions at Sea (COLREGS) Demarcation Line, Atlantic Coast, New York Harbor. The Coast Guard views public participation as essential to understanding the current state of navigation within New York Harbor and the approaches, along with the observations, concern and opinions of those operating on these waterways. If you submit a comment, please include the docket number for this notice, indicate the specific section or question within this document to which each comment applies, and provide a reason for each suggestion or recommendation.</P>
                <P>
                    <E T="03">Submitting comments.</E>
                     We encourage you to submit comments at 
                    <E T="03">http://www.regulations.gov.</E>
                     To do so, go to 
                    <E T="03">https://www.regulations.gov,</E>
                     type USCG-2025-0101 in the search box and click “Search.” Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If your material cannot be submitted using 
                    <E T="03">http://www.regulations.gov,</E>
                     contact the person in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this document for alternate instructions.
                </P>
                <P>
                    <E T="03">Viewing material in docket.</E>
                     To view documents mentioned in this notice as being available in the docket, find the docket as described in the previous paragraph, and then select “Supporting &amp; Related Material” in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the 
                    <E T="03">https://www.regulations.gov</E>
                     Frequently Asked Questions web page.
                </P>
                <P>
                    <E T="03">Personal information.</E>
                     We accept anonymous comments. Comments we post will include any personal information you have provided. For more information about privacy and submissions in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
                </P>
                <HD SOURCE="HD1">II. Background</HD>
                <P>A waterways operator submitted a petition for rulemaking requesting the Coast Guard relocate the demarcation line in the New York Harbor from its current location to a new line starting from Highland Light (LLNR35025) to the Jones Inlet Light (LLNR 30890), intersecting the red and white (RW) “A” Morse Alpha Bouy. This proposal would amend 33 CFR 80.165. The petitioner contends that this adjustment would better reflect contemporary navigational practices and enhance maritime safety by clarifying the application of navigational rules within key approach channels. The petitioner's request is available in the docket, including a chartlet the petitioner provided.</P>
                <HD SOURCE="HD1">III. Request for Information</HD>
                <P>The Coast Guard requests information on the current state of navigation within New York Harbor and the approaches, along with the observations, concerns, and opinions of those operating on these waterways. Accordingly, Coast Guard requests relevant comments and information from the public and particularly from commercial vessel operators to include deep draft, towing industry, and fishing vessel fleets that may be affected by or have information on this topic.</P>
                <P>Coast Guard requests your input on whether we should consider making the change to the demarcation line from “a line from East Rockaway Inlet Breakwater Light to Sandy Hook Light” to instead “a line from Highlands Light (LLBR 35025) to the Jones Inlet Light (LLNR 30890), which intersects the RW `A' Morse Alpha Buoy”. Coast Guard also requests information on how an earlier or later change in the demarcation line (switching from COLREGS to Inland Navigation Rules) impacts vessel operations and transits.</P>
                <SIG>
                    <NAME>Loan T. O'Brien,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Chief, Office of Navigation Systems.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03209 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <DEPDOC>[Docket No. FR-7109-N-02; OMB Control No.: 2577-0230]</DEPDOC>
                <SUBJECT>60-Day Notice of Proposed Information Collection: Public Housing Reform; Change in Admission and Occupancy Requirements</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 comments 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>
                         April 20, 2026.
                    </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 
                        <PRTPAGE P="7509"/>
                        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, Program Analyst, Department of Housing and Urban Development, 451 7th Street SW, Room 3180, Washington, DC 20410.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Eva Fulton, Program Analyst, Office of Policy Programs and Legislative Initiatives, Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Eva Fulton at 
                        <E T="03">PRAPublicComments@hud.gov,</E>
                         telephone (202) 402-5847 for Eva. This is not a toll-free number. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit 
                        <E T="03">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.</E>
                    </P>
                    <P>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>
                     Public Housing Reform Act: Changes to Admission and Occupancy Requirements.
                </P>
                <P>
                    <E T="03">OMB Approval Number:</E>
                     2577-0230.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Revision of currently 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>
                </P>
                <P>The purpose of this information collection is to implement the requirement that public housing agencies (PHAs) make their admission and occupancy policies available upon request to the public and to the Department of Housing and Urban Development (HUD). PHAs must maintain and provide, for inspection, written policies related to admission and continued occupancy, including eligibility, local preferences, and rent determination, to respond to inquiries from tenants, legal-aid organizations, HUD, and other interested parties, whether informally or through the Freedom of Information Act.</P>
                <P>The Quality Housing and Work Responsibility Act of 1998 (QHWRA) (Title V of the FY 1999 HUD Appropriations Act, Pub. L. 105-276), requires PHAs to maintain and make available written documentation of their admission and occupancy policies. QHWRA made comprehensive changes to the public housing program, including updates related to choice of rent, community service and self-sufficiency requirements, admission preferences, and the determination of income and rent. This information collection reflects those QHWRA-related admission and occupancy requirements.</P>
                <P>Section 103 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), which amends the United States Housing Act of 1937, introduced additional requirements that further modified PHA policies. HOTMA required a one-time update of PHA written policies to address “over-income families,” defined as households with annual incomes at least 120 percent of the area median income for two consecutive years, and established new annual reporting requirements on the number of over-income families in public housing and the number of families on public housing waiting lists.</P>
                <P>HUD is revising this collection to reflect updated calculations based on the current number of active PHAs. Since the last approved information collection, the number of active PHAs has changed from 2,774 to 2,667. This number fluctuates over time due to factors such as PHA mergers or the termination of public housing programs through the Rental Assistance Demonstration.</P>
                <P>
                    <E T="03">Respondents:</E>
                     Public Housing Agencies (PHAs).
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     2,667.
                </P>
                <P>
                    <E T="03">Estimated Number of Responses:</E>
                     2,667.
                </P>
                <P>
                    <E T="03">Frequency of Response:</E>
                     1.
                </P>
                <P>
                    <E T="03">Average Hours per Response:</E>
                     24.
                </P>
                <P>
                    <E T="03">Total Estimated Burdens:</E>
                     64,008.
                </P>
                <GPOTABLE COLS="8" OPTS="L2,nj,tp0,i1" CDEF="s50,11C,11C,9C,8C,6C,8C,12C">
                    <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 cost</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Written policies on admission and continued occupancy</ENT>
                        <ENT>2,667</ENT>
                        <ENT>1</ENT>
                        <ENT>2,667</ENT>
                        <ENT>24</ENT>
                        <ENT>64,008</ENT>
                        <ENT>$21.69 *</ENT>
                        <ENT>$1,388,333.52</ENT>
                    </ROW>
                    <TNOTE>
                        * Per 2024 data provided by the Bureau of Labor Statistics (
                        <E T="03">https://www.bls.gov/ooh/community-and-social-service/social-and-human-service-assistants.htm</E>
                        ).
                    </TNOTE>
                </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. 2026-03162 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4210-67-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7510"/>
                <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <DEPDOC>[Docket No. FR-7097-N-02; OMB Control No.: 2503-0034]</DEPDOC>
                <SUBJECT>60-Day Notice of Proposed Information Collection: Ginnie Mae Digital Collateral Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Government National Mortgage Association (Ginnie Mae), 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 comments 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: April 20, 2026</E>
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Interested persons are invited to submit comments regarding this proposal.</P>
                    <P>
                        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>
                         Find this particular information collection by selecting “Currently under 60-day Review—Open for Public Comments” or by using the search function, and 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: John Amberg, Senior Program Development Specialist, HUD Region VIII, 1670 Broadway, 25th floor Denver, CO 80202; telephone (303) 672-5027, (this is not a toll-free number) or email at 
                        <E T="03">john.w.amberg@hud.gov</E>
                         for a copy of the proposed forms or other available information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        John Amberg, Government National Mortgage Association Department of Housing and Urban Development HUD Region VIII, 1670 Broadway, 25th floor Denver, CO 80202; telephone 303-672-5027, (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 and communication disabilities. To learn more about how to make an accessible telephone call, please visit 
                        <E T="03">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.</E>
                    </P>
                    <P>Copies of available documents submitted to OMB may be obtained from Mr. Amberg.</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>
                     Ginnie Mae Digital Collateral Program (e-collection).
                </P>
                <P>
                    <E T="03">OMB Approval Number:</E>
                     2503-0034.
                </P>
                <P>
                    <E T="03">Type of request:</E>
                     Renewal of a currently approved collection.
                </P>
                <P>
                    <E T="03">Form Number:</E>
                     HUD-11701A; HUD- 11701B; HUD-11708SI.
                </P>
                <P>
                    <E T="03">Description of the need for the information and proposed use:</E>
                </P>
                <P>Adapting to the needs of the industry, Ginnie Mae is permitting the securitization of mortgage loans where the note is an eligible eNote. The forms listed above are necessary due to the unique requirements of managing eNotes and eMortgages. This collection permits Ginnie Mae to verify: (1) that eIssuers and eMortgages have the specialized knowledge and experience to participate; (2) that eIssuers and eCustodians have the technological capability to service eMortgages and safeguard eMortgage documents; (3) the name and location of the entities responsible for the various Ginnie Mae accounts and eMortgage documents, and (4) those entities that are responsible for servicing the eMortgages that back the Ginnie Mae pools. Ginnie Mae needs this information to mitigate risk and evaluate its business operations, procedures and programs, and assist lenders in processing borrower requests more efficiently. Ginnie Mae also requires the collection of information to ensure that there are no deficiencies, which could affect the pass-through of securities to its investors.</P>
                <GPOTABLE COLS="8" OPTS="L2,nj,tp0,p7,7/8,i1" CDEF="s75,r50,10,10,10,10,10,10">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Information collection</CHED>
                        <CHED H="1">Number of respondents</CHED>
                        <CHED H="1">Frequency of response</CHED>
                        <CHED H="1">Responses per annum</CHED>
                        <CHED H="1">
                            Burden hour per
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">Annual burden hours annual</CHED>
                        <CHED H="1">
                            Hourly cost per
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">Cost</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">eIssuer Application (HUD-11701A)</ENT>
                        <ENT>20</ENT>
                        <ENT>1</ENT>
                        <ENT>20</ENT>
                        <ENT>.5</ENT>
                        <ENT>10</ENT>
                        <ENT>$45</ENT>
                        <ENT>$450</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">eCustodian Application (HUD-11701B)</ENT>
                        <ENT>5</ENT>
                        <ENT>1</ENT>
                        <ENT>5</ENT>
                        <ENT>.5</ENT>
                        <ENT>2.5</ENT>
                        <ENT>45</ENT>
                        <ENT>112.5</ENT>
                    </ROW>
                    <ROW RUL="n,n,s">
                        <ENT I="01">Request for Release of Secured Party (HUD-11808SI)</ENT>
                        <ENT>Est. Volume, 300</ENT>
                        <ENT>1</ENT>
                        <ENT>300</ENT>
                        <ENT>.05</ENT>
                        <ENT>15</ENT>
                        <ENT>45</ENT>
                        <ENT>675</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT>Varies</ENT>
                        <ENT>1</ENT>
                        <ENT>325</ENT>
                        <ENT>Varies</ENT>
                        <ENT>27.5</ENT>
                        <ENT>45</ENT>
                        <ENT>1237.5</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 comments 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>Joseph M. Gormley,</NAME>
                    <TITLE>President Ginnie Mae.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03161 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4210-67-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Indian Affairs</SUBAGY>
                <DEPDOC>[267A2100DD/AAKP300000/A0A501010.000000]</DEPDOC>
                <SUBJECT>Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Alcoholic Beverage Control Ordinance</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Indian Affairs, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This notice publishes the amended Salt River Pima-Maricopa Indian Community Alcoholic Beverage Control Ordinance (Ordinance). The 
                        <PRTPAGE P="7511"/>
                        Ordinance repeals and replaces the previous liquor ordinance published in the 
                        <E T="04">Federal Register</E>
                         on January 21, 2016.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This Ordinance shall become effective February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Karrie-Ann Quartz, Acting Tribal Government Officer, Western Regional Office, Bureau of Indian Affairs, 2600 N  Central Avenue, 4th Floor Mailroom, Phoenix, AZ 85004, 
                        <E T="03">karrie-ann.quartz@bia.gov;</E>
                         (480) 744-4992.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in 
                    <E T="03">Rice</E>
                     v. 
                    <E T="03">Rehner,</E>
                     463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the 
                    <E T="04">Federal Register</E>
                     notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. On February 12, 2025, the Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona adopted this amended Alcoholic Beverage Control Ordinance by Ordinance No. SRO-588-2025, which regulates and controls the possession, consumption, and sale of liquor or alcoholic beverages within the boundary of the Community in conformity with the laws of the State of Arizona to the extent required by applicable federal law, including 18 U.S.C. 1161. Enactment of this Ordinance will increase the ability of the Community government to control alcoholic beverage sale, distribution, and possession while at the same time providing an important source of revenue for the continued operation and strengthening of the Community government and its delivery of Community government services.
                </P>
                <P>This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that the Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona duly adopted the amended Salt River Pima-Maricopa Indian Community Alcoholic Beverage Control Ordinance by Ordinance No. SRO-588-2025 dated February 12, 2025.</P>
                <SIG>
                    <NAME>William Henry Kirkland III,</NAME>
                    <TITLE>Assistant Secretary—Indian Affairs.</TITLE>
                </SIG>
                <P>The Salt River Pima-Maricopa Indian Community Alcoholic Beverage Control Ordinance, as amended, shall read as follows:</P>
                <EXTRACT>
                    <HD SOURCE="HD1">Salt River Pima-Maricopa Indian Community Alcoholic Beverage Control Ordinance</HD>
                    <HD SOURCE="HD2">Chapter 14 Alcoholic Beverages and Prohibited Substances</HD>
                    <HD SOURCE="HD3">Article I. In General</HD>
                    <P>
                        <E T="03">Sec. 14-1. Sovereign immunity.</E>
                    </P>
                    <P>Nothing in this chapter is intended to be or shall be construed as a waiver of the sovereign immunity of the Community.</P>
                    <P>
                        <E T="03">Secs. 14-2—14-20. Reserved.</E>
                    </P>
                    <HD SOURCE="HD3">Article II. Alcoholic Beverage Control</HD>
                    <HD SOURCE="HD3">Division 1. Generally</HD>
                    <P>
                        <E T="03">Sec. 14-21. Title; authority; purpose; etc.</E>
                    </P>
                    <P>
                        (a) 
                        <E T="03">Title.</E>
                         This article shall be known as the Salt River Pima-Maricopa Indian Community Alcoholic Beverage Control Ordinance.
                    </P>
                    <P>
                        (b) 
                        <E T="03">Authority.</E>
                         This article is enacted pursuant to the Act of August 15, 1953, (Public Law 83-277, 67 stat. 588, 18 U.S.C. 1161) and article VII of the Community Constitution.
                    </P>
                    <P>
                        (c) 
                        <E T="03">Purpose.</E>
                         The purpose of this article and article III of this chapter is to regulate and control the possession, consumption, and sale of liquor or alcoholic beverages within the boundary of the Community. The enactment of an ordinance governing liquor or alcoholic beverage possession and sale on the reservation will increase the ability of the Community government to control alcoholic beverage sale, distribution, and possession while at the same time providing an important source of revenue for the continued operation and strengthening of the Community government and its delivery of Community government services.
                    </P>
                    <P>
                        (d) 
                        <E T="03">Application of 18 U.S.C. 1161.</E>
                         All acts and transactions under this article shall be in conformity with this article and in conformity with the laws of the State of Arizona, to the extent required by 18 U.S.C. 1161.
                    </P>
                    <P>
                        (e) 
                        <E T="03">Effective date.</E>
                         This article shall be effective as a matter of Community law upon approval by the Community Council and effective as a matter of federal law when the Assistant Secretary of Indian Affairs certifies and publishes this article in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                    <P>
                        <E T="03">Sec. 14-22. Scope.</E>
                    </P>
                    <P>This chapter constitutes the entire statutory law of the Community in regard to the sale, possession and/or distribution of alcoholic beverages within the Community.</P>
                    <P>
                        <E T="03">Sec. 14-23. Definitions.</E>
                    </P>
                    <P>The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:</P>
                    <P>
                        <E T="03">Aggrieved party</E>
                         means a person, an applicant, a Community member or the Community.
                    </P>
                    <P>
                        <E T="03">Alcoholic beverage</E>
                         means beer, wine or other spirituous liquor (including but not limited to brandy, whiskey, rum, tequila, mescal, gin, porter, ale any malt liquor beverage, absinthe, a compound mixture of these or a compound mixture of these with any other substance which produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent of alcohol by volume).
                    </P>
                    <P>
                        <E T="03">Applicant</E>
                         means any partnership, corporation, limited liability company or Community enterprise as well as any natural person that is or are requesting approval of a Community liquor license.
                    </P>
                    <P>
                        <E T="03">Community</E>
                         means the Salt River Pima-Maricopa Indian Community, a federally recognized Indian tribe.
                    </P>
                    <P>
                        <E T="03">Controlling person</E>
                         means a person directly or indirectly possessing control of an applicant or licensee.
                    </P>
                    <P>Control is presumed to exist if a person has the direct or indirect ownership of or power to vote ten percent or more of the outstanding voting securities of the applicant, licensee or controlling person or to control in any manner the election of one or more of the directors of the applicant, licensee or controlling person. In the case of a partnership, control is presumed to mean the general partner or a limited partner who holds ten percent or more of the voting rights of the partnership. For the purposes of determining the percentage of voting securities owned, controlled or held by a person, there shall be aggregated with the voting securities attributed to the person the voting securities of any other person directly or indirectly controlling, controlled by or under common control with the other person, or by an officer, partner, employee or agent of the person or by a spouse, parent or child of the person. Control is also presumed to exist if a creditor of the applicant, licensee or controlling person holds a beneficial interest in ten percent or more of the liabilities of the licensee or controlling person.</P>
                    <P>
                        <E T="03">Director</E>
                         means director of the Community regulatory agency who is also the director.
                    </P>
                    <P>
                        <E T="03">Gross revenue</E>
                         means the revenue derived from all the sales of food and alcoholic beverages on the licensed premises, regardless of whether the sales of alcoholic beverages are made under a restaurant license issued pursuant to this article.
                    </P>
                    <P>
                        <E T="03">Hearing officer</E>
                         means a person designated by the Community manager to hear an appeal of a decision made by the director.
                    </P>
                    <P>
                        <E T="03">License</E>
                         means a license issued pursuant to the provisions of this article by the Community.
                    </P>
                    <P>
                        <E T="03">Licensed premises</E>
                         or 
                        <E T="03">premises</E>
                         means a place from which a licensee is authorized to sell alcoholic beverages under the provisions of this article.
                    </P>
                    <P>
                        <E T="03">Licensee</E>
                         means any partnership, corporation, limited liability company or Community enterprise, as well as any natural person who has been authorized to sell alcoholic beverages for consumption at a particular premises by the Community.
                    </P>
                    <P>
                        <E T="03">Minibar</E>
                         means a closed container, either refrigerated in whole or in part or nonrefrigerated, where access to the interior is restricted by means of a locking device which requires the use of a key, magnetic card or similar device.
                    </P>
                    <P>
                        <E T="03">Office</E>
                         means the alcohol beverage control office or persons within the Community regulatory agency that regulate alcoholic beverage and/or liquor sales and distribution transactions within the Community as created in section 14-24.
                    </P>
                    <P>
                        <E T="03">Off-sale retailer</E>
                         means any person operating a bona fide regularly established 
                        <PRTPAGE P="7512"/>
                        retail liquor store selling alcoholic beverages and any established retail store selling commodities other than alcoholic beverages that is engaged in the sale of alcoholic beverages only in the original unbroken package, to be taken away from the premises of the retailer and to be consumed off the premises.
                    </P>
                    <P>
                        <E T="03">On-sale retailer</E>
                         means any person operating an establishment where alcoholic beverages are sold in the original container for consumption on or off the premises or in individual portions for consumption on the premises.
                    </P>
                    <P>
                        <E T="03">Person</E>
                         means any partnership, corporation, limited liability company, or Community enterprise, as well as any natural person.
                    </P>
                    <P>
                        <E T="03">Possess</E>
                         means to have any item or substance within the control of a person or to have any alcoholic beverage within a person's body, regardless of where the consumption may have taken place.
                    </P>
                    <P>
                        <E T="03">Private residence</E>
                         means a place where an individual or a family maintains a habitation.
                    </P>
                    <P>
                        <E T="03">Public patio enclosure</E>
                         means a contiguous patio or a patio that is not contiguous to the remainder of the licensed premises if the noncontiguous patio is separated from the remainder of the premises or licensed premises by a public or private walkway or driveway not to exceed 30 feet, subject to the rules that the office may adopt to establish criteria for a noncontiguous premises.
                    </P>
                    <P>
                        <E T="03">Public place</E>
                         means any place that is not a private residence, including within operational motor vehicles or nonresidential structures, and not licensed, pursuant to this article, for the possession of alcoholic beverages.
                    </P>
                    <P>
                        <E T="03">Restaurant</E>
                         (excluding the provisions in this article that govern casino or golf course licenses) means an establishment that derives at least 40 percent of its gross revenue from the sale of food, including sales of food for consumption off the licensed premises if the amount of these sales included in the calculation of gross revenue from the sale of food does not exceed 15 percent of all gross revenue of the restaurant.
                    </P>
                    <P>
                        <E T="03">Sec. 14-24. Office of alcohol beverage control; director.</E>
                    </P>
                    <P>
                        (a) 
                        <E T="03">Office.</E>
                         The office of alcohol beverage control (office) is hereby established within the Community's regulatory agency. The director of the Community regulatory agency is hereby designated as the alcohol beverage control officer (director) who will be responsible to the Community manager and whose duties may be delegated from time to time to other employees of the office. All of the positions of the office will be filled and conducted in accordance with the Community's established policies and procedures.
                    </P>
                    <P>
                        (b) 
                        <E T="03">Authority of the office.</E>
                         The office shall have the following authority:
                    </P>
                    <P>(1) Grant and deny applications in accordance with this article;</P>
                    <P>(2) Adopt rules and regulations to implement this article;</P>
                    <P>(3) Hold hearings and make determinations on whether to grant or deny licenses;</P>
                    <P>(4) Employ necessary personnel;</P>
                    <P>(5) Maintain a public record open to the public containing the names and addresses of each licensee and any person who is a controlling person;</P>
                    <P>(6) Liaison between the office and the Community police department to ensure enforcement of this article and article III of this chapter and any relevant regulations issued pursuant to this chapter;</P>
                    <P>(7) Investigate and enforce compliance of this article and article III of this chapter and any relevant regulations that also pertain to the selling of alcoholic beverages within the Community; and</P>
                    <P>(8) Inspect, during the hours in which a premises is occupied, the premises of a licensee.</P>
                    <P>(9) To conduct a state and federal criminal history check pursuant to Arizona Revised Statute 41-1750 and Public Law 92-544 on all applicants for a license under this chapter; and that all applicants must submit a full set of fingerprints to the office who shall submit the fingerprints to the Arizona Department of Public Safety, who may then exchange the fingerprint data with the Federal Bureau of Investigation.</P>
                    <P>
                        (c) 
                        <E T="03">Inspection of premises, enforcement and investigations.</E>
                         The office shall receive complaints of alleged violations of this article and article III of this chapter and is also responsible for the investigation of allegations of violations of, or noncompliance with, the selling of alcoholic beverages pursuant to this article and article III of this chapter or any relevant regulations issued pursuant to this chapter.
                    </P>
                    <P>(1) The office shall establish a separate investigation unit which has as its responsibility the investigation of compliance within this article.</P>
                    <P>(2) A complete record of all applications, actions taken thereon, and any licenses issued shall be maintained by the office and shall be open for public inspection at the office.</P>
                    <P>(3) Office staff that are authorized to investigate pursuant to this article shall have the authority to investigate and issue a notice of a violation of noncompliance with this chapter.</P>
                    <P>(4) The office or the Community police department may cite a licensee to appear before the office or the hearing officer for a hearing upon allegations of violations of this article and article III of this chapter or any relevant law or regulation issued pursuant to this chapter.</P>
                    <P>(5) The office or the director may take evidence, administer oaths or affirmations, issue subpoenas requiring attendance and testimony of witnesses, cause depositions to be taken and require by subpoena duces tecum for the production of books, papers and other documents which are necessary for the enforcement of this article and article III of this chapter.</P>
                    <P>(6) The office, including the director, may, in enforcing the provisions of this article, inspect the premises.</P>
                    <P>
                        <E T="03">Sec. 14-25. Lawful commerce, possession or consumption.</E>
                    </P>
                    <P>(a) Alcoholic beverages may be possessed and consumed only at private residences, and licensed premises pursuant to this chapter, and may be transported in unbroken containers to and from such places. For purposes of this provision, “unbroken container” includes when a person removes a bottle of wine that has been partially consumed in conjunction with a purchased meal from a licensed premises if a cork is inserted flush with the top of the bottle or the bottle is otherwise securely closed.</P>
                    <P>(b) Wine may be purchased, stored, distributed and consumed in connection with the bona fide practice of a religious belief or as an integral part of a religious exercise of an organized church and in a manner not dangerous to public health or safety.</P>
                    <P>(c) The purchase, storage and use of alcoholic beverages solely for the purpose of cooking or preparing food and in a manner not dangerous to public health and safety are authorized.</P>
                    <P>(d) Alcoholic beverages may also be served and consumed at a premises licensed pursuant to a business ancillary license if the following conditions have been met:</P>
                    <P>(1) A business serves alcoholic beverages as part of a cooking demonstration or cooking class; or</P>
                    <P>(2) Is an accredited school offering degree or certificate programs in the culinary arts.</P>
                    <P>(e) Alcoholic beverages may be sold at licensed premises only under the conditions under which the license is issued.</P>
                    <P>(f) Alcoholic beverages may be possessed and consumed (and not sold) at a private event of a bona fide commercial entity who is a lessee within the Community's designated area as defined by section 14-54, one time a calendar year, if the following conditions are met:</P>
                    <P>(1) The host is serving alcohol beverages free of charge and there is no fee to be admitted into the private event;</P>
                    <P>(2) The event is private and only open to a known group of guests (and not the public);</P>
                    <P>(3) The host is a commercial tenant within the Community;</P>
                    <P>(4) The host has a business license with the Community;</P>
                    <P>(5) The host notifies the office at least 30 days prior to the event by the filing of a notification form as prescribed by the office, and that provides specifics as to the private event, agrees in writing to follow all applicable Community laws and Arizona State alcoholic beverage laws, and also agrees to assume all risk and liability for any damages that may occur as a result of this event;</P>
                    <P>(6) The office is aware in writing of the event at least 30 days prior to it being held and is able to provide notice of the event to the SRPD and any other necessary departments; and</P>
                    <P>(7) The host agrees to obtain a special use permit or other licensing depending on the size and nature of the event (including any additional costs to provide police or other staffing), at the direction of the office.</P>
                    <P>
                        <E T="03">Secs. 14-26-14-53. Reserved.</E>
                    </P>
                    <HD SOURCE="HD3">Division 2. Licenses</HD>
                    <P>
                        <E T="03">Sec. 14-54. Designated area.</E>
                    </P>
                    <P>
                        The director may issue a license for premises located within the designated area identified in the February 12, 2025, approved SRPMIC Liquor Licensing Area Corridor (attached to the ordinance from which this article is derived, and incorporated herein by reference).
                        <PRTPAGE P="7513"/>
                    </P>
                    <P>(1) On February 12, 2025, the Council approved an updated SRPMIC Liquor Licensing Area Corridor and it shall be kept with the official records of the Community in the office of the council secretary.</P>
                    <P>(2) Upon majority vote by the Community Council and publication in the Community's newspaper, the Community Council may amend the February 12, 2025, approved SRPMIC Liquor Licensing Area Corridor and any future amendments thereof.</P>
                    <P>
                        <E T="03">Sec. 14-55. Premises that may be licensed.</E>
                    </P>
                    <P>Licenses may only be issued for premises listed and defined as follows:</P>
                    <P>
                        (1) 
                        <E T="03">Hotel-motel license.</E>
                    </P>
                    <P>a. The director may issue a hotel-motel license to any hotel or motel that operates either a restaurant or a bar in the hotel or motel, provided that the applicant is otherwise qualified to hold a license.</P>
                    <P>b. The holder of a hotel-motel license is authorized to sell and serve alcoholic beverages solely for consumption on the licensed premises. For the purpose of this section, the term “licensed premises” includes all minibars located within guestrooms, accommodations, public bar rooms, outdoor patio enclosures, outdoor pool areas, public restaurant rooms, facilities, areas, and private banquet or meeting rooms located within the hotel-motel premises or connected to the hotel-motel premises.</P>
                    <P>
                        (2) 
                        <E T="03">Casino license.</E>
                    </P>
                    <P>a. The director may issue a casino license to any casino authorized to operate as a casino by the Community.</P>
                    <P>b. The holder of a casino license is authorized to sell and serve alcoholic beverages solely for consumption on the licensed premises. For the purpose of this section, the term “licensed premises” includes all public bar rooms, gaming areas, private banquet or meeting rooms, restaurants, other food service facilities, outdoor patio enclosures, and land contiguous to the casino facility.</P>
                    <P>
                        (3) 
                        <E T="03">Golf course clubhouse license.</E>
                    </P>
                    <P>a. The director may issue a golf course clubhouse license to any golf course clubhouse.</P>
                    <P>b. The holder of a golf course clubhouse license is authorized to sell and serve alcoholic beverages solely for consumption on the licensed premises and only to patrons of the golf course facility. For the purpose of this section, the term “licensed premises” includes all restaurants and other food service facilities, private banquet or meeting rooms, bar rooms, outdoor patio enclosures, lounge facilities within the golf course clubhouse, and golf course enclosure. For purposes of this section, the term “golf course clubhouse” means a clubhouse located on a golf course. For purposes of this section, the term “golf course enclosure” means substantially undeveloped land, including amenities such as landscaping, irrigation systems, paths and golf greens and tees, that may be used for golfing or golfing practice by the public or by members and guests of a private club.</P>
                    <P>
                        (4) 
                        <E T="03">Restaurant license.</E>
                    </P>
                    <P>a. The director may issue a restaurant license to any restaurant that is regularly open for the serving of food to guests for compensation and that has suitable kitchen facilities connected with the restaurant for keeping, cooking and preparing foods required for ordinary meals.</P>
                    <P>b. The restaurant shall be regularly open for the serving of food to guests for compensation and is an establishment which derives at least 40 percent of its gross revenue from the sale of food (which includes nonalcoholic beverages), including sales of food for consumption off the licensed premises if the amount of these sales included in the calculation of gross revenue from the sale of food does not exceed 15 percent of all gross revenue for the restaurant. For purposes of meeting the gross revenue requirements, a restaurant license applicant may request that the license premises include less than the entire establishment in which the applicant operates its business; provided that alcoholic beverages are restricted to the licensed premises.</P>
                    <P>c. The holder of a restaurant license may sell and serve alcoholic beverages solely for consumption on the licensed premises. For the purpose of this subsection, the term “licensed premises” may include rooms, areas or locations in which the restaurant normally sells or serves alcoholic beverages pursuant to regular operating procedures and practices and that are contiguous to the restaurant or a public patio enclosure. For the purposes of this subsection, a restaurant licensee must submit proof of tenancy or permission from the landlord for all property to be included in the licensed premises.</P>
                    <P>d. The holder of a restaurant license shall be required upon request of the office to submit an audit of the records for the premises to demonstrate compliance with subsection (4)b of this section. An establishment that averages at least 40 percent of its gross revenue from the sale of food during a 12-month audit period shall be deemed to comply with the gross revenue requirements of subsection (4)b of this section. The 12-month audit period shall fall within the 16 months immediately preceding the beginning of the audit. The office shall not require an establishment to submit to such an audit more than once a year after the initial 12 months of operation. When conducting an audit, the office shall use generally accepted auditing standards.</P>
                    <P>1. If the audit reveals that the licensee did not meet the definition of a restaurant as prescribed in subsection (4)b of this section and the percentage of food sales was less than 37 percent, then the office shall deem the license to have been revoked or the office may recommend that the licensee be granted an additional 12-month period to attempt to increase their food percentage to at least 37 percent.</P>
                    <P>2. If the audit reveals that the licensee did not meet the definition of a restaurant as prescribed in subsection (4)b of this section and the percentage of food sales was more than 37 percent and less than 40 percent, then the office shall allow the licensee to continue to operate under the restaurant license for a period of one year, during which the licensee shall attempt to increase the food percentage to at least 40 percent. If the licensee does not increase the percentage of food sales to at least 40 percent, then the license issued pursuant to this article shall be revoked or the office may recommend that the licensee be granted an additional 12-month period to attempt to increase their food percentage to at least 40 percent.</P>
                    <P>
                        (5) 
                        <E T="03">Government license.</E>
                    </P>
                    <P>a. The director may issue a government license to any Community governmental entity or commercial enterprise upon application by the governing board of that Community governmental or commercial enterprise entity for the sales of alcoholic beverages for consumption.</P>
                    <P>b. The holder of a government license may sell and serve alcoholic beverages solely for consumption on the licensed premises. The holder of the government license may sell and serve alcoholic beverages for consumption on the premises for which the license is issued, including a stadium.</P>
                    <P>c. Any agreement entered into by a Community governmental entity to a concessionaire to sell or serve alcoholic beverages pursuant to this subsection shall contain the following provisions:</P>
                    <P>1. A provision that fully indemnifies and holds harmless the Community and any of its agencies, boards, commissions, officers, and employees against any liability for loss or damage incurred either on or off Community property and resulting from the negligent serving of alcoholic beverages by the concessionaire or the concessionaire's agents or employees.</P>
                    <P>2. A provision that either posts a surety bond in favor of the Community in an amount determined by the Community to be sufficient to indemnify the Community against the potential liability or that names the Community as an additional insured in a liability policy that provides sufficient coverage to indemnify the Community as determined by the Community.</P>
                    <P>
                        (6) 
                        <E T="03">Business ancillary license and/or special event license.</E>
                    </P>
                    <P>a. The director may issue a business ancillary license to a business that serves alcoholic beverages as part of a cooking demonstration or cooking class; or a school offering degree programs in the culinary arts.</P>
                    <P>1. A business ancillary license shall be issued pursuant to the process prescribed in sections 14-56 through 14-68; provided that certain provisions, as determined by the director (in a written form), may not be applicable as a business ancillary licensee is generally considered a social host and not engaged in the selling of alcoholic beverages.</P>
                    <P>2. A business ancillary license shall only be available to a business that is not in the primary business of selling food or alcohol.</P>
                    <P>3. The holder of a business ancillary license is authorized to serve alcoholic beverages solely for consumption on the licensed premises and only to guests of the business or in the case of a school, to students enrolled at the school.</P>
                    <P>4. The holder of a business ancillary license shall not be authorized to sell alcoholic beverages separately or by the drink.</P>
                    <P>
                        b. The director may issue a special event license for a business for the purpose of holding a bona fide business-related networking function for its customers, clients, employees or business partners; or 
                        <PRTPAGE P="7514"/>
                        for the purpose of a bona fide charitable, civic, or religious organization to hold a special fundraising event; provided that any license issued as a special event license meets the following conditions:
                    </P>
                    <P>1. A special event license is a temporary license and authorizes the sale of liquor for a limited time in the Community;</P>
                    <P>2. An applicant may be issued a special event license for no more than ten consecutive days per license during the course of a calendar year;</P>
                    <P>3. An unlicensed premises may hold up to 12 special events per calendar year, and a licensed location or government owned location may hold unlimited events per year;</P>
                    <P>4. A special event license shall only be available to a business that is not in the primary business of selling food or alcohol;</P>
                    <P>5. Special event licenses shall only be issued if it also meets the requirements of the Arizona liquor law requirements.</P>
                    <P>c. A person applying for a special event license must make application to the office at least 45 days prior to the special event. The director in his or her administrative discretion, without a public hearing, shall consider the following factors in determining whether to approve or disapprove the special event license:</P>
                    <P>1. Whether the event will be open to the public;</P>
                    <P>2. The criminal history of the applicant;</P>
                    <P>3. The nature of the event;</P>
                    <P>4. The security measures taken by the applicant;</P>
                    <P>5. The type of alcoholic beverages to be sold at the event;</P>
                    <P>6. How the alcoholic beverages will be served at the event;</P>
                    <P>7. Whether the applicant, within the past three years, has held an event that created a Community disturbance or whether the event site has generated Community disturbance complaints;</P>
                    <P>8. The potential for noise, traffic, lack of parking, and other related concerns;</P>
                    <P>9. The length of the event;</P>
                    <P>10. The sanitary facilities available to the participants;</P>
                    <P>11. The anticipated number of participants at the event;</P>
                    <P>12. The availability of the Community's police and fire departments to provide coverage at the event (if deemed reasonably necessary by the Community);</P>
                    <P>13. Proof of adequate insurance (as deemed reasonably necessary by the director) by the applicant for this event; and</P>
                    <P>14. The nature of the sound amplification of the event.</P>
                    <P>d. In addition to the special event license issued pursuant to this article, the applicant must obtain a special use permit from the Community, and pay for any associated costs, including any overtime costs, for police, fire, or other Community departments whose presence is determined necessary, by the Community, for the special event.</P>
                    <P>
                        (7) 
                        <E T="03">Sports stadium/entertainment venue.</E>
                         The director may issue a sport stadium/entertainment venue license to any professional sports stadium or arena, or an entertainment venue (bowling alley, concert hall, theatre, etc.) that is otherwise qualified to hold a license.
                    </P>
                    <P>The holder of a sport stadium/entertainment venue license is authorized to sell and serve alcoholic beverages solely for consumption on the licensed premises. For the purposes of this section, the term “licensed premises” includes all public areas of the venue, food service facilities, outdoor patio enclosures, outdoor pool areas, and private banquet or meeting rooms.</P>
                    <P>
                        (8) 
                        <E T="03">Retail License.</E>
                         The director may issue a retail license to an off-sale retailer to sell packaged liquor within the Community pursuant to the requirements of this ordinance, and the following:
                    </P>
                    <P>(a) Sells alcoholic beverages as a liquor store only as long as it has a square footage of at least 10,000 square feet or above at the premises, and does not have a “drive-thru window” component for the sale of alcoholic beverages (a “drive-thru window” does not include internet based shopping services that a grocery store or a liquor store may use to allow for “drive up and pick up” services for groceries or alcoholic beverages); or</P>
                    <P>(b) Sells alcoholic beverages as a part of a grocery store, convenience store, drug store or big box retailer as long as it does not have a “drive-thru window” component for the sale of alcoholic beverages (a “drive-thru window” does not include internet based shopping services that a grocery store or a liquor store may use to allow for “drive up and pick up” services for groceries or alcoholic beverages).</P>
                    <P>
                        <E T="03">Sec. 14-56. Applicant and licensee qualifications.</E>
                    </P>
                    <P>(a) Every alcoholic beverage licensee shall be a citizen of the United States.</P>
                    <P>(b) The office shall require an applicant and may require any controlling person to furnish background information and to submit a full set of fingerprints to the office.</P>
                    <P>(c) Each applicant or licensee shall designate a person who shall be responsible for managing the premises. The manager shall be a natural person and shall meet all the requirements for licensure pursuant to this article.</P>
                    <P>(d) No license shall be issued to any person who, within one year before application, has had a license revoked in any jurisdiction.</P>
                    <P>(e) No license shall be issued to or renewed for any person who, within five years before the application, has been convicted of a felony in any jurisdiction; provided that for a conviction of a corporation, LLC or partnership to serve as a reason for denial, conduct which constitutes the offense and was the basis for a felony conviction must have been engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the corporation, LLC or partnership or by a high managerial agent acting within the scope of employment. For purposes of this subsection, the term “high managerial agent” means an officer, partner or member of a corporation, LLC or partnership in a position of comparable authority with respect to the formulation of company policy.</P>
                    <P>(f) No corporation shall be issued a license or a renewal of that license unless on file with the office is a list of all of the corporation's officers and directors and any stockholders who owns ten percent or more of the corporation. The office shall not issue or renew a license for any person who at the request of the director fails to provide the office with complete financial disclosure statements indicating all financial holdings of any controlling person. Provided that, publicly traded companies are exempt from the requirements set forth in this subsection.</P>
                    <P>(g) An alcoholic beverage license shall be issued only after a satisfactory showing of the capability, qualifications and reliability of the applicant; and that the public convenience requires and that the best interest of the Community will be substantially served by the issuance of the license.</P>
                    <P>(h) The license shall be to sell or deal in alcoholic beverages only at the place and in the manner provided in the license. A separate license shall be issued for each specific premises.</P>
                    <P>(i) All applications for an original license, the renewal of a license or the transfer of a license pursuant to this article shall be filed with and determined by the director, unless an appeal is filed and then the hearing officer will approve or disapprove of such license.</P>
                    <P>(j) A person who assigns, surrenders, transfers or sells control of a business which has an alcoholic beverage license shall notify the office within 15 business days after the assignment, surrender, transfer or sale. An alcoholic beverage license shall not be leased or subleased. A concessional agreement is not considered a lease or a sublease in violation of this article.</P>
                    <P>(k) If a person other than those persons originally licensed acquires control of a license or licensee, the person shall file notice of the acquisition with the office within 15 business days after such acquisition of control. All officers, directors or other controlling persons shall meet the qualifications for licensure as prescribed in this article. On the request of the licensee, the director shall conduct a preinvestigation prior to the assignment, sale or transfer of control of a license or licensee; the reasonable costs of such investigation shall be borne by the applicant. The preinvestigation shall determine whether the qualifications for licensure as prescribed by this article are met.</P>
                    <P>
                        <E T="03">Sec. 14-57. Application.</E>
                    </P>
                    <P>A person desiring a license to sell or deal alcoholic beverages shall make application to the office on a form prescribed by the office.</P>
                    <P>
                        <E T="03">Sec. 14-58. Notice.</E>
                    </P>
                    <P>Within 30 days of receipt of the license application, the office shall hold a hearing on such application. Upon receipt of such application, the office shall post a copy of the completed application in a conspicuous place on the front of the premises where the business is proposed to be conducted and in this posting, the notice shall contain the following provisions:</P>
                    <P>
                        “A hearing on a liquor license application on behalf of____shall be held at the following date, time and location____[insert date, time and address]. Any person owning or leasing property within a one-mile radius may contact the office in writing to register as a protestor. To request information regarding procedures before the office and notice of any office hearings regarding this application, contact the office at____ [insert office contact information].”
                        <PRTPAGE P="7515"/>
                    </P>
                    <P>
                        <E T="03">Sec. 14-59. Applicant's burden.</E>
                    </P>
                    <P>Licenses will be issued by the director after a hearing and upon a determination by the director that the following criteria have been met by a satisfactory showing by the applicant that:</P>
                    <P>(1) The public convenience requires the issuance of the license; and</P>
                    <P>(2) The best interests of the Community will be substantially served by the issuance of the license.</P>
                    <P>
                        <E T="03">Sec. 14-60. Evidence.</E>
                    </P>
                    <P>Evidence that may be considered when determining whether the public convenience requires and the best interest of the Community is substantially served by the issuance of a license are the following:</P>
                    <P>(1) Petitions and testimony from persons in favor of or opposed to the issuance of a license who reside in the Community, or own or lease property located within the Community that is in close proximity to the proposed premises.</P>
                    <P>(2) The number and series of licenses in close proximity.</P>
                    <P>(3) Evidence that all necessary licenses and permits have been obtained from the state and all other governing bodies.</P>
                    <P>(4) The residential and commercial population of the Community and its likelihood of increasing, decreasing or remaining static.</P>
                    <P>(5) The Community's residential and commercial population density in close proximity.</P>
                    <P>(6) Evidence concerning the nature of the proposed business, its potential market, and its likely customers.</P>
                    <P>(7) Effect on vehicular traffic in close proximity.</P>
                    <P>(8) The compatibility of the proposed business with other activity in close proximity.</P>
                    <P>(9) The effect or impact of the proposed premises on businesses or the residential neighborhood whose activities might be affected by granting the license.</P>
                    <P>(10) The history for the past five years of liquor violations and reported criminal activity at the proposed premises provided that the applicant has received a detailed report(s) of such activity at least 20 days before the hearing.</P>
                    <P>(11) Comparison of the hours of operation of the proposed premises to the existing businesses in close proximity.</P>
                    <P>(12) Proximity to licensed child care facilities and K through 12 schools.</P>
                    <P>
                        <E T="03">Sec. 14-61. Intentionally left blank.</E>
                    </P>
                    <P>
                        <E T="03">Sec. 14-62. Public hearing.</E>
                    </P>
                    <P>The director shall determine after a hearing has been held whether and under what conditions a license shall be issued.</P>
                    <P>(1) The hearing shall be announced by notice in the Community newspaper.</P>
                    <P>(2) Notice shall be given no less than ten business days prior to such hearing.</P>
                    <P>(3) The hearing shall be conducted by the director in an informal manner with rules adopted pursuant to this article calculated to ensure full disclosure of all relevant information.</P>
                    <P>(4) Professional attorneys may be permitted to represent parties at any administrative hearing before the office, the director or the hearing officer pursuant to this article.</P>
                    <P>(5) The director shall hear all relevant issues and, within 30 days after the hearing is concluded, shall issue a written decision.</P>
                    <P>(6) The decision will contain the findings of fact relied on by the director for the decision as well as the decision.</P>
                    <P>(7) The applicant shall be provided notice of the hearing via standard and certified mail.</P>
                    <P>(8) The director shall enter an order recommending approval or disapproval of the license within 60 days after the filing of the application.</P>
                    <P>
                        <E T="03">Sec. 14-63. Appeals.</E>
                    </P>
                    <P>A decision of the director may be appealed by any aggrieved party to the Community manager. The Community manager shall appoint a hearing officer to hear the appeal. The hearing officer shall be a member in good standing of the Arizona state bar and shall have previous experience serving in a judicial capacity.</P>
                    <P>
                        (1) 
                        <E T="03">Appeal process.</E>
                         Appeals of any decision of the director shall follow this process:
                    </P>
                    <P>a. A notice of appeal shall be filed with the Community manager within 15 business days after notice of the decision by the director.</P>
                    <P>b. The notice of appeal shall state all the grounds for appeal relied on by the appellant.</P>
                    <P>c. The appellee may file a short written response to the grounds for appeal within 15 business days after the notice of appeal is filed.</P>
                    <P>d. The notice of appeal and response shall be mailed to the opposing party within two business days after it was filed.</P>
                    <P>e. If the appellant is the applicant for the license, the appellee shall in all cases be the director. If the appellant is a person who filed a notice of appearance or the Community, the appellee shall in all cases be the applicant.</P>
                    <P>f. In the event there is more than one notice of appeal filed, the appeals shall be consolidated and only one response shall be filed to the consolidated appeals.</P>
                    <P>
                        (2) 
                        <E T="03">Status of initial determination.</E>
                         The decision of the director shall be suspended until a final determination of the appeal is issued by the hearing officer.
                    </P>
                    <P>
                        (3) 
                        <E T="03">Grounds for appeal.</E>
                    </P>
                    <P>a. An aggrieved party may appeal any final decision of the director regarding applications or licenses based on a contention that the decision was any of the following:</P>
                    <P>1. Founded on or contained errors of law;</P>
                    <P>2. Unsupported by any competent evidence as disclosed by the record;</P>
                    <P>3. Materially affected by unlawful procedures;</P>
                    <P>4. Based on a violation of any Community constitutional provision; or</P>
                    <P>5. Arbitrary or capricious.</P>
                    <P>b. The hearing officer shall conduct a hearing and may accept any relevant and material evidence and testimony.</P>
                    <P>c. An official record of the hearing shall be prepared. Persons, at their own costs, may request that the hearing record be transcribed and may be provided a copy of the transcribed record.</P>
                    <P>d. The hearing officer shall determine whether the decision is supported by the findings of fact and the law.</P>
                    <P>e. The hearing officer may affirm, reverse or modify any decision issued by the director.</P>
                    <P>f. The hearing officer's decision shall be final and not subject to rehearing, review or appeal.</P>
                    <P>
                        <E T="03">Sec. 14-64. Terms; fees.</E>
                    </P>
                    <P>Licenses shall be issued for a period of one year and are renewable on application to the office which will renew upon payment of the appropriate fee.</P>
                    <P>(1) A licensee who fails to renew the license on or before the due date shall pay a penalty of $500.00.</P>
                    <P>(2) If the due date falls on a Saturday, Sunday or a legal holiday, the renewal shall be considered timely if it is received by the office on the next business day.</P>
                    <P>(3) A licensee who fails to renew the license on or before the due date may not sell, purchase, or otherwise deal in alcoholic beverages until the license is renewed.</P>
                    <P>(4) A license that is not renewed within 60 days after its due date is deemed terminated. The director may renew the terminated license if good cause is shown by the licensee as to why the license was not renewed on its due date or the 60 days following the due date.</P>
                    <P>(5) Issuance fees for an original license and the renewal thereof shall be the following (excluding applicable surcharges):</P>
                    <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,12,12">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">Licenses</CHED>
                            <CHED H="1">Original</CHED>
                            <CHED H="1">Renewal</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">a. Hotel-motel</ENT>
                            <ENT>$2,000.00</ENT>
                            <ENT>$500.00</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">b. Golf course</ENT>
                            <ENT>2,000.00</ENT>
                            <ENT>500.00</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">c. Casino</ENT>
                            <ENT>2,500.00</ENT>
                            <ENT>750.00</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">d. Restaurant</ENT>
                            <ENT>2,000.00</ENT>
                            <ENT>500.00</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">e. Government</ENT>
                            <ENT>200.00</ENT>
                            <ENT>100.00</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">f. Business ancillary</ENT>
                            <ENT>200.00</ENT>
                            <ENT>100.00</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">g. Special event</ENT>
                            <ENT>200.00</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <ENT I="01">h. Sports stadium/entertainment venue</ENT>
                            <ENT>2,000.00</ENT>
                            <ENT>500.00</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">i. Retail license</ENT>
                            <ENT>2,000.00</ENT>
                            <ENT>1,000.00</ENT>
                        </ROW>
                    </GPOTABLE>
                    <PRTPAGE P="7516"/>
                    <P>(6) The office may assess a surcharge on the annual renewals of licenses to be used to help defray the costs of an auditor and support staff to review compliance of the requirements of the licensees.</P>
                    <P>(7) The office may assess a surcharge to assist in the costs of enforcement programs that respond to complaints filed under this article.</P>
                    <P>(8) For purposes of this article only, licensee shall keep records of licensee's business activity and all persons employed at the licensed premises in a manner and location and for such duration as prescribed by the director for a period of at least two years. Business activity shall include invoices, records, bills or other papers and/or documents relating to the purchase, sale and delivery of alcoholic beverages, and in the case of a restaurant or hotel-motel licensee, such documentation shall also be kept for the purchase, sale and delivery of food.</P>
                    <P>(9) Licenses issued under this article are nontransferable without the prior written approval of the director after the application process has been completed.</P>
                    <P>a. The transfer fee of a license from one person to another person is $300.00 (excluding an application fee).</P>
                    <P>b. The transfer fee of license from one location to another location shall be $100.00 (excluding an application fee).</P>
                    <P>c. The office may issue an interim permit to the transferee of a transferable license pursuant to regulations established by the office.</P>
                    <P>
                        <E T="03">Sec. 14-65. Beverage restrictions.</E>
                    </P>
                    <P>(a) Licenses may only be issued for premises operated under the following classifications as defined herein; and such licenses may be restricted to the sale of:</P>
                    <P>(1) All alcoholic beverages;</P>
                    <P>(2) Only beer;</P>
                    <P>(3) Only wine; or</P>
                    <P>(4) Only beer and wine.</P>
                    <P>(b) Licenses may be restricted based on the type of license sought by the applicant.</P>
                    <P>
                        <E T="03">Sec. 14-66. Reasons for revocation, suspension; grounds not to renew.</E>
                    </P>
                    <P>After notice and a hearing, the director may revoke, suspend or refuse to renew any license issued pursuant to this article for the following reasons:</P>
                    <P>(1) There occurs on the licensed premises repeated acts of violence or disorderly conduct.</P>
                    <P>(2) The licensee fails to satisfactorily maintain the capability, qualifications and reliability requirements of an applicant for a license prescribed pursuant to this article.</P>
                    <P>(3) The licensee or controlling person knowingly files with the office an application or other document which contains material information which is false or misleading or while under oath knowingly gives testimony in an investigation or other proceeding under this article which is false or misleading.</P>
                    <P>(4) The licensee or the controlling person is habitually intoxicated while on the premises.</P>
                    <P>(5) The licensed business is delinquent for more than 90 days in the payment of taxes, penalties or interest to the Community.</P>
                    <P>(6) The licensee or the controlling person obtains, assigns, transfers or sells an alcoholic beverage license in a manner that is not compliant with this article and article III of this chapter.</P>
                    <P>(7) The licensee fails to keep for two years and make available to the office upon reasonable request all invoices, records, bills or other papers and/or documents relating the purchase, sale and delivery of alcoholic beverages, and in the case of a restaurant or hotel-motel license, all invoices, records, bills or other papers and/or documents relating to the purchase, sale and delivery of food.</P>
                    <P>(8) The licensee or controlling person violates or fails to comply with this article and article III of this chapter, any rule or regulation adopted pursuant to this chapter or any alcoholic beverage law of the Community.</P>
                    <P>(9) The licensee or an employee of a licensee fails to take reasonable steps to protect the safety of a customer of the licensee entering, leaving or remaining on the licensed premises when the licensee knew or reasonably should have known of the danger to such person, or the licensee fails to take reasonable steps to intervene by notifying law enforcement officials or otherwise prevent or break up an act of violence or an altercation occurring on the licensed premises or immediately adjacent to the premises when the licensee knew or reasonably should have known of such acts of violence or altercations.</P>
                    <P>(10) The licensee or controlling person lacks good moral character.</P>
                    <P>(11) The licensee or controlling person knowingly associates with a person who has engaged in racketeering or has been convicted of a felony, and the association is of such a nature as to create a reasonable risk that the licensee will fail to conform to the requirements of this article or of any Community law.</P>
                    <P>(12) The licensee or controlling person is convicted of a felony provided that for a conviction of a corporation, LLC or partnership to serve as a reason for any action by the office, conduct which constitutes the offense and was the basis for the felony conviction must have been engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the corporation, LLC or partnership or by a high managerial agent acting within the scope of employment. For purposes of this subsection, the term “high managerial agent” means an officer, partner or member of a corporation, LLC or partnership or any other agent of the corporation, LLC or partnership in a position of comparable authority with respect to the formulation of company policy.</P>
                    <P>
                        <E T="03">Sec. 14-67. Suspension; revocation; refusal to renew; sanctions.</E>
                    </P>
                    <P>(a) The director may suspend, revoke or refuse to issue, transfer or renew a license based solely on the unrelated conduct or fitness of any officer, director, managing agent or other controlling person if that officer, director, managing agent or controlling person retains any interest in or control of the license after 60 days following a written notice to the licensee.</P>
                    <P>(b) The director may refuse to transfer any license or issue a new license at the same location if the director has filed a complaint against a licensee or the location which has not been resolved that alleges a violation of any of the grounds identified in this article and article III of this chapter until such time as the complaint has been finally adjudicated.</P>
                    <P>(c) The director may cause a complaint and notice of hearing to be directed to the licensee setting forth the violations alleged against the licensee.</P>
                    <P>
                        <E T="03">Sec. 14-68. Response; appeal.</E>
                    </P>
                    <P>(a) Upon receipt of a complaint, the licensee shall have ten business days to respond to the allegations by filing a written response to the director.</P>
                    <P>(b) Failure by the licensee to respond to the compliant within ten business days shall be considered an admission by the licensee of the allegations. The director may then vacate a hearing and impose appropriate sanctions on the licensee.</P>
                    <P>(c) In lieu of or in addition to any suspension, revocation or refusal to renew a license, the director may impose a civil penalty of not less than $200.00 and no more than $3,000.00 for each violation and/or require the licensee and its employees to attend certain training.</P>
                    <P>(d) The licensee may appeal the decision by the director to fine, revoke or not renew their license to the Community manager who will appoint a hearing officer pursuant to the requirements of this article. The hearing officer may affirm, modify or reverse the decision of the director to impose the civil penalty.</P>
                    <P>
                        <E T="03">Sec. 14-69. Injunction.</E>
                    </P>
                    <P>If the office or the director has reasonable grounds to believe that a person owns, operates, leases, manages or is controlling a business establishment or business premises that is not properly licensed pursuant to this article, then the office or the director may apply to the Community court for a temporary restraining order or other injunctive relief prohibiting the specific acts complained of by the office or the director.</P>
                    <P>
                        <E T="03">Sec. 14-70. Amendment.</E>
                    </P>
                    <P>This chapter may be amended by a majority vote of the Community Council or by the Community initiative or referendum process.</P>
                    <P>
                        <E T="03">Sec. 14-71. Coordination with the Community police department.</E>
                    </P>
                    <P>In order to effectively enforce the regulatory and law enforcement provisions of this chapter, any report of violence or disorderly conduct occurring at a licensed premises that is received by either the office or the Community police department shall be immediately reported by the receiving department to the other department. In addition to the reporting of the incident, the department receiving the report of violence or disorderly conduct shall also share any relevant information with the other department unless the sharing of such information is prohibited by Community law or policy.</P>
                    <P>
                        <E T="03">Secs. 14-72-14-100. Reserved.</E>
                    </P>
                    <HD SOURCE="HD3">Article III. Unlawful Acts</HD>
                    <P>
                        <E T="03">Sec. 14-101. Chapter violations.</E>
                    </P>
                    <P>
                        (a) 
                        <E T="03">Civil sanctions and penalties.</E>
                         A person who violates any provision of this chapter 
                        <PRTPAGE P="7517"/>
                        may have their license revoked, suspended or may be assessed other civil sanctions.
                    </P>
                    <P>
                        (b) 
                        <E T="03">Criminal penalties.</E>
                         Persons who come within the criminal jurisdiction of the Community, and are guilty of violations of this chapter, are subject to criminal penalties and upon conviction shall be sentenced to imprisonment for a period not to exceed six months or to a fine not to exceed $5,000.00 or both such imprisonment and fine, with costs.
                    </P>
                    <P>
                        <E T="03">Sec. 14-102. Unlawful acts.</E>
                    </P>
                    <P>(a) It shall be unlawful for any person to buy, sell or distribute alcoholic beverages in any manner not allowed by this chapter.</P>
                    <P>(b) It shall be unlawful to employ a person under the age of 19 years in any capacity connected with the handling of alcoholic beverages.</P>
                    <P>(c) It shall be unlawful for a licensee or other person to give, sell or cause to be sold or otherwise distribute alcoholic beverages to a person under the age of 21 years.</P>
                    <P>(1) If a licensee, an employee of a licensee or any other person questions or has reason to question that a person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of alcoholic beverages is under the legal drinking age, the licensee, employee of the licensee or other person shall do the following:</P>
                    <P>a. Demand identification from the person.</P>
                    <P>b. Examine the identification to determine that the identification reasonably appears to be a valid, unaltered identification that has not been defaced.</P>
                    <P>c. Examine the photograph in the identification and determine that the person reasonably appears to be the same person in the identification.</P>
                    <P>d. Determine that the date of birth in the identification indicates the person is not under the legal drinking age.</P>
                    <P>(1) If a licensee or an employee of a licensee who follows the procedures prescribed above in subsections (c)(1)a through d of this section, records and retains a record of the person's identification on this particular visit, the licensee or employee of the licensee shall not be in violation of subsections (c) through (e) of this section.</P>
                    <P>(2) Proof that a licensee or employee followed the entire procedure proscribed above in subsections (c)(1)a through d of this section, but did not record and retain a record of the identification is an affirmative defense to a violation of this subsections (c) through (e) of this section.</P>
                    <P>(3) A licensee or employee of a licensee who has not recorded and retained a record of the identification prescribed by subsections (c)(1)a through d of this section, is presumed not to have followed any of the elements of subsections (c)(1)a through d of this section.</P>
                    <P>(d) It shall be unlawful for a person under the age of 21 years to buy, possess, or consume alcoholic beverages.</P>
                    <P>(e) It shall be unlawful for a licensee or an employee of the licensee to knowingly permit any person on or about the licensed premises to give or furnish alcoholic beverages to any person under the age of 21 or knowingly permit any person under the age of 21 to have in the person's possession alcoholic beverages on the licensed premises.</P>
                    <P>(f) It shall be unlawful for a licensee or an employee of the licensee to consume alcoholic beverages on or about the licensed premises, or to be intoxicated or in a disorderly condition during such periods as when such person is working at the licensed premises, except that:</P>
                    <P>(1) An employee of an on-sale retailer, during the employee's working hours in connection with the employment, while the employee is not engaged in waiting on or serving customers, may taste samples of beer or wine not to exceed four ounces per day or distilled spirits not to exceed two ounces per day provided by an employee of a wholesaler or distributor who is present at the time of sampling.</P>
                    <P>(2) An employee of an on-sale retailer, under the supervision of a manager as part of the employee's training and education, while not engaged in waiting on or serving customers may taste samples of distilled spirits not to exceed two ounces per educational session or beer/wine not to exceed four ounces per educational session, and provided that a licensee shall not have more than two educational sessions in any 30-day period.</P>
                    <P>(3) An unpaid volunteer of a special event may purchase and consume alcoholic beverages while not engaged in waiting on or serving alcoholic beverages to customers at the special event. This subsection does not apply to unpaid volunteers whose responsibilities include verification of a person's legal drinking age, security or the operation of any vehicle or heavy machinery.</P>
                    <P>(4) A licensee or employee of a licensee of a business ancillary licensee may consume alcoholic beverages as part of a meal prepared in connection with a cooking demonstration.</P>
                    <P>(g) It shall be unlawful for a licensee or an employee of the licensee to sell alcoholic beverages to a disorderly or obviously intoxicated person, or for a licensee or employee of a licensee to allow or permit a disorderly or obviously intoxicated person to remain on the premises except that a licensee or an employee of the licensee may allow an obviously intoxicated person to remain on the premises for period of time of not to exceed 30 minutes after the state of obvious intoxication is known or should have been known to the licensee in order that a nonintoxicated person may transport the obviously intoxicated person from the premises. For purposes of this article, the term “obviously intoxicated” means inebriated to the extent that a person's physical faculties are substantially impaired and the impairment is shown by significant uncoordinated physical action or physical dysfunction that would have been obvious to a reasonable person.</P>
                    <P>(h) It shall be unlawful for a licensee or an employee of the licensee to sell alcoholic beverages that are in a broken package (all wine and alcoholic beverages shall have their seal broken by the licensee or their employee before serving such alcoholic beverage to the customer).</P>
                    <P>
                        (i) 
                        <E T="03">Intentionally left blank.</E>
                    </P>
                    <P>(j) It shall be unlawful for a licensee or an employee of the licensee to sell alcoholic beverages within the Community without being also licensed by the State of Arizona to sell alcoholic beverages.</P>
                    <P>(k) It shall be unlawful for a licensee or an employee of the licensee to sell, dispose of, deliver or give alcoholic beverages to a person between the hours of 2:00 a.m. and 6:00 a.m.</P>
                    <P>(l) It shall be unlawful for a licensee or an employee of the licensee to allow a person to consume or possess alcoholic beverages on the premises between the hours of 2:30 a.m. and 6:00 a.m.</P>
                    <P>(m) It shall be unlawful for a person to consume alcoholic beverages in a public place, thoroughfare or gathering. Any licensee or employee of the licensee permitting violations of this section shall be subject to license revocation. This subsection does not apply to the sale of alcoholic beverages on the premises of and by an on-sale retailer.</P>
                    <P>(n) It shall be unlawful for an on-sale retailer or an employee of the licensee to allow a person under the age of 21 years to remain in an area on the licensed premises during those hours in which the primary use is the sale, dispensing or consumption of alcoholic beverages after the licensee, or the licensee's employees know or should have known that the person is under the age of 21 years. This subsection does not apply if the person under the legal drinking age is accompanied by a spouse, parent or legal guardian who is of legal drinking age, is an on-duty employee of the licensee, or to the area of the premises used primarily for the serving of food when food is being served.</P>
                    <P>(o) It shall be unlawful for an on-sale retailer or employee of the licensee to conduct drinking contests, to sell or deliver to a person an unlimited number of alcoholic beverages during any set period of time for a fixed price, to deliver more than 40 ounces of beer, one liter of wine or four ounces of distilled spirits in any alcoholic beverage drink to one person at one time for that person's consumption or to advertise any practice prohibited by this subsection.</P>
                    <P>(p) It shall be unlawful for a licensee or an employee of the licensee to knowingly permit the unlawful possession, use, sale or offer for sale of narcotics, dangerous drugs or marijuana on the premises.</P>
                    <P>(q) It shall be unlawful for a licensee or an employee of the licensee to knowingly permit prostitution or the solicitation of prostitution on the premises.</P>
                    <P>(r) It shall be unlawful for a licensee or an employee of the licensee to knowingly permit unlawful gambling on the premises.</P>
                    <P>(s) It shall be unlawful for a licensee or an employee of the licensee to knowingly permit trafficking or attempted trafficking in stolen property on the premises.</P>
                    <P>(t) It shall be unlawful for a licensee or an employee of the licensee to fail or refuse to make the licensed premises or records available for inspection and examination or so to comply with a lawful subpoena issued under this chapter.</P>
                    <P>
                        (u) It shall be unlawful for any person other than a law enforcement officer, the licensee or an employee of the licensee acting with the permission of the licensee to be in the possession of a firearm while on the licensed premises of an on-sale retailer.
                        <PRTPAGE P="7518"/>
                    </P>
                    <P>(v) It shall be unlawful for a licensee or an employee of the licensee to knowingly permit a person in possession of a firearm, other than a law enforcement officer, the licensee or the employee of the licensee (acting with the permission of the licensee) to remain on the licensed premises or to serve, sell or furnish alcoholic beverages to a person in possession of a firearm while on the licensed premises of an on- sale retailer.</P>
                    <P>(w) It shall be unlawful for a person under the age of 21 to drive or be in physical control of a motor vehicle while there is any alcoholic beverage in the person's body.</P>
                    <P>(x) It shall be unlawful for a licensee or employee of the licensee to purposely induce a voter, by means of alcohol, to vote or abstain from voting for or against a particular candidate or issue on election day.</P>
                    <P>(y) It shall be unlawful for a licensee to fail to report an occurrence of an act of violence, within three business days, to either the office or the Community police department.</P>
                    <P>(z) It shall be unlawful for any person to consume or be in the possession of any open container of alcoholic beverages while operating or while within the passenger compartment of a motor vehicle that is located on any roadways or public parking lots within the Community. This subsection does not apply to a passenger on any bus, limousine or a passenger in the living quarters of a mobile home.</P>
                    <P>
                        (1) 
                        <E T="03">Motor vehicle</E>
                         means any vehicle that is driven or drawn by mechanical power and that is designated for primary use on public roadways.
                    </P>
                    <P>
                        (2) 
                        <E T="03">Open container</E>
                         means any bottle, can, jar or other receptacle that contains alcoholic beverages and that has been opened, has had its seal broken or that the contents of which have been partially removed, except that it does not mean when a person removes a bottle of wine that has been partially consumed in conjunction with a purchased meal from a licensed premises if a cork is inserted flush with the top of the bottle or the bottle is otherwise securely closed.
                    </P>
                    <P>
                        (3) 
                        <E T="03">Passenger compartment</E>
                         means the area of a motor vehicle designed for seating of the driver and other passengers of the vehicle. Passenger compartments include any unlocked glove compartment and any unlocked portable devices within the immediate reach of the driver or any passengers.
                    </P>
                    <P>(aa) It shall be unlawful for any person over the age of 18 who lawfully exercises dominion and control within any private residence or the surrounding premises to knowingly permit any person under the age of 21 to possess or consume alcoholic beverages within the private residence or within the immediate surrounding premises.</P>
                    <P>(bb) It shall be unlawful for a licensee to sell alcoholic beverages in any manner not provided for by this chapter or any regulations issued pursuant to this chapter.</P>
                    <P>(cc) It is unlawful for a person to take or solicit orders for alcoholic beverages unless the person is a salesman or solicitor of a licensed wholesaler, a salesman or solicitor of a distiller, brewer, vintner, importer or broker or a registered retail agent.</P>
                    <P>(dd) It is unlawful for any retail licensee to purchase alcoholic beverages from any person other than a solicitor or salesman of a wholesaler licensed by the State of Arizona.</P>
                    <P>(ee) It is unlawful for a retailer to acquire an interest in property owned, occupied or used by a wholesaler in the wholesaler's business, or in a license with respect to the premises of the wholesaler.</P>
                    <P>(ff) It is unlawful for an on-sale retailer to permit an employee or for an employee to solicit or encourage others, directly or indirectly, to buy the employee drinks or anything of value in the licensed premises during the employee's working hours. No on-sale retailer shall serve employees or allow a patron of the establishment to give alcoholic beverages to, purchase liquor for or drink liquor with any employee during the employee's working hours.</P>
                    <P>(gg) It is unlawful for a person to have possession of or to transport alcoholic beverages which are manufactured in a distillery, winery, brewery or rectifying plant contrary to the laws of the United States, the Community and the State of Arizona. Any property used in transporting such alcoholic beverages shall be forfeited, seized and disposed of.</P>
                    <P>(hh) It is unlawful for a person who is obviously intoxicated to buy or attempt to buy alcoholic beverages from a licensee or employee of a licensee or to consume alcoholic beverages on a licensed premises.</P>
                    <P>(ii) It is unlawful for a licensee to use a vending machine for the purpose of dispensing alcoholic beverages.</P>
                    <P>(jj) It is unlawful for a retailer to knowingly allow a customer to bring alcoholic beverages onto the licensed premises.</P>
                    <P>(kk) It is unlawful for a person to purchase, offer for sale or use any device, machine or process which mixes alcoholic beverages with pure oxygen or another gas to produce a vaporized product for the purpose of consumption by inhalation or to allow patrons to use any item for the consumption of vaporized alcoholic beverages.</P>
                    <P>(ll) It is unlawful for a retail licensee or an employee of a retail licensee to sell alcoholic beverages to a person if the retail licensee or employee knows the person intends to resell the alcoholic beverages.</P>
                    <P>(mm) It is unlawful for a person to reuse a bottle or other container authorized for use by the laws of the United States or any agency of the United States for the packaging of distilled spirits or for a person to increase the original contents or a portion of the original contents remaining in a liquor bottle or other authorized container by adding any substance.</P>
                    <P>Packaged liquor area (enacted on February 12, 2025)</P>
                </EXTRACT>
                <BILCOD>BILLING CODE 4337-15-P</BILCOD>
                <GPH SPAN="3" DEEP="544">
                    <PRTPAGE P="7519"/>
                    <GID>EN18FE26.000</GID>
                </GPH>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03105 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4337-15-C</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Indian Affairs</SUBAGY>
                <DEPDOC>[267A2100DD/AAKC001030/A0A501010.00000]</DEPDOC>
                <SUBJECT>Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California; Liquor Control Ordinance</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Indian Affairs, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice publishes the Liquor Control Ordinance of the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Liquor Control Ordinance shall become effective March 20, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Sarraye Forrest-Davis, Tribal Government Specialist, Bureau of Indian Affairs, Pacific Region, Division 
                        <PRTPAGE P="7520"/>
                        of Tribal Government Services, 2800 Cottage Way, Room W-2820, Sacramento, California 95825, Telephone (916) 978-6067, Fax: (916) 978-6099.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in 
                    <E T="03">Rice</E>
                     v. 
                    <E T="03">Rehner,</E>
                     463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the 
                    <E T="04">Federal Register</E>
                     notice of adopted liquor control ordinances for the purpose of regulating liquor transactions in Indian country. On August 20, 2025, the Business Committee of the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, enacted the Elem Indian Colony Liquor Control Ordinance by Resolution No. ADLCO25323 to regulate and control the consumption, possession, sale, manufacture, and distribution of liquor within Tribe's reservation and trust lands.
                </P>
                <P>This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that the Business Committee of the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, duly enacted Elem Indian Colony Liquor Control Ordinance by Resolution No. ADLCO25323 on August 20, 2025.</P>
                <SIG>
                    <NAME>William Henry Kirkland III,</NAME>
                    <TITLE>Assistant Secretary—Indian Affairs.</TITLE>
                </SIG>
                <P>The Elem Indian Colony Liquor Control Ordinance shall read as follows:</P>
                <EXTRACT>
                    <HD SOURCE="HD1">Liquor Control Ordinance</HD>
                    <HD SOURCE="HD1">Table of Contents</HD>
                    <HD SOURCE="HD1">Article One, General Provisions</HD>
                    <FP SOURCE="FP-2">1.1 Title</FP>
                    <FP SOURCE="FP-2">1.2 Authority</FP>
                    <FP SOURCE="FP-2">1.3 Purpose</FP>
                    <FP SOURCE="FP-2">1.4 Jurisdiction</FP>
                    <FP SOURCE="FP-2">1.5 Application of 18 U.S.C. 1161</FP>
                    <FP SOURCE="FP-2">1.6 Declaration of Public Policy; Findings</FP>
                    <FP SOURCE="FP-2">1.7 Interpretation and Findings</FP>
                    <FP SOURCE="FP-2">1.8 Conflicting Provisions</FP>
                    <HD SOURCE="HD1">Article Two, Definitions</HD>
                    <FP SOURCE="FP-2">2.1 Terms Defined</FP>
                    <HD SOURCE="HD1">Article Three, Liquor Sales, Possession, Consumption, and Manufacture</HD>
                    <FP SOURCE="FP-2">3.1 Possession and Consumption of Alcohol</FP>
                    <FP SOURCE="FP-2">3.2 Retail Sales of Alcohol</FP>
                    <FP SOURCE="FP-2">3.3 Manufacture of Alcohol</FP>
                    <FP SOURCE="FP-2">3.4 Age Limits</FP>
                    <HD SOURCE="HD1">Article Four, Power of the Tribe</HD>
                    <FP SOURCE="FP-2">4.1 Licensing</FP>
                    <FP SOURCE="FP-2">4.2 Limitation on Powers</FP>
                    <FP SOURCE="FP-2">4.3 Inspection Rights</FP>
                    <HD SOURCE="HD1">Article Five, Enforcement Power</HD>
                    <FP SOURCE="FP-2">5.1 Enforcement</FP>
                    <HD SOURCE="HD1">Article Six, Taxes, Reports, and Audits</HD>
                    <FP SOURCE="FP-2">6.1 Taxation</FP>
                    <FP SOURCE="FP-2">6.2 Sales Tax</FP>
                    <FP SOURCE="FP-2">6.3 Taxes Due</FP>
                    <FP SOURCE="FP-2">6.4 Delinquent Taxes</FP>
                    <FP SOURCE="FP-2">6.5 Sales Tax Reporting</FP>
                    <FP SOURCE="FP-2">6.6 Audits</FP>
                    <HD SOURCE="HD1">Article Seven, Miscellaneous Provisions</HD>
                    <FP SOURCE="FP-2">7.1 Sovereign Immunity Preserved</FP>
                    <FP SOURCE="FP-2">7.2 Conformance with Applicable Laws</FP>
                    <FP SOURCE="FP-2">7.3 Effective Date</FP>
                    <FP SOURCE="FP-2">7.4 Repeal of Prior Acts</FP>
                    <FP SOURCE="FP-2">7.5 Amendments</FP>
                    <FP SOURCE="FP-2">7.6 Severability and Saving Clause</FP>
                    <HD SOURCE="HD1">Article Eight, Liquor Licensing</HD>
                    <FP SOURCE="FP-2">8.1 Application for Liquor License Form and Content</FP>
                    <FP SOURCE="FP-2">8.2 Fee Accompanying License Application</FP>
                    <FP SOURCE="FP-2">8.3 Investigation and Denial of Application</FP>
                    <FP SOURCE="FP-2">8.4 State License Required</FP>
                    <HD SOURCE="HD1">Article Nine, Issuance, Revewal, and Transfer of Licenses</HD>
                    <FP SOURCE="FP-2">9.1 Public Hearing</FP>
                    <FP SOURCE="FP-2">9.2 Tribal Action on the Application</FP>
                    <FP SOURCE="FP-2">9.3 License Multiple Locations</FP>
                    <FP SOURCE="FP-2">9.4 License Terms; Temporary Licenses</FP>
                    <FP SOURCE="FP-2">9.5 Transfer of License; Tribal Approval Required</FP>
                    <FP SOURCE="FP-2">9.6 Licenses are Not a Property Right</FP>
                    <HD SOURCE="HD1">Article Ten, Suspension and Revocation of Licenses</HD>
                    <FP SOURCE="FP-2">10.1 License Suspension and Revocation</FP>
                    <FP SOURCE="FP-2">10.2 License Revocation</FP>
                    <FP SOURCE="FP-2">10.3 Revocation Hearing</FP>
                    <HD SOURCE="HD1">Article Eleven, Ordinance Enforcement</HD>
                    <FP SOURCE="FP-2">11.1 Ordinance Enforcement</FP>
                    <HD SOURCE="HD1">Article Twelve, Violation a Public Nuissance</HD>
                    <FP SOURCE="FP-2">12.1 Violation a Public Nuisance</FP>
                    <HD SOURCE="HD1">Article Thirteen, Severability</HD>
                    <FP SOURCE="FP-2">13.1 Severability</FP>
                    <HD SOURCE="HD1">Article Fourteen, Effective Date</HD>
                    <FP SOURCE="FP-2">14.1 Effective Date</FP>
                    <HD SOURCE="HD1">Article Fifteen, Amendment</HD>
                    <FP SOURCE="FP-2">15.1 Amendment</FP>
                    <HD SOURCE="HD1">Article Sixteen, Profits</HD>
                    <FP SOURCE="FP-2">16.1 Profits</FP>
                    <HD SOURCE="HD1">Article One, General Provisions</HD>
                    <P>Section 1.1 Title. This Ordinance shall be known as Elem Indian Colony Liquor Control Ordinance. The short title of this Ordinance shall be referred to as the “Liquor Control Ordinance.”</P>
                    <P>1.2 Authority. This Liquor Control Ordinance is enacted pursuant to the Act of August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and the inherent and enumerated powers vested in the Elem Indian Colony of Pomo Indians (“Tribe”) to promulgate and adopt legislation, regulations and ordinances under Article VII, Section 1. and 2. of the Constitution of Elem Indian Colony.</P>
                    <P>1.3 Purpose. The purpose of this Liquor Control Ordinance is to regulate and control the consumption, possession, Sale, manufacture, and distribution of Liquor within Lands under the Tribe's Jurisdiction including its Reservation and/or Rancheria (“Reservation”) and trust Lands, in order to permit Alcohol Sales by tribally owned and operated enterprises, private lessees, and tribally approved special events. The enactment of this Liquor Control Ordinance will help promote a source of revenue for the continued operation of the tribal government, the delivery of governmental services, and the economic viability of tribal enterprises.</P>
                    <P>1.4 Jurisdiction. This Liquor Control Ordinance shall apply to all Lands now or in the future under governmental control or authority of the Tribe, including, but not limited to, the Tribe's current Reservation, as well as any Lands that may be taken into trusts for the Tribe in the future.</P>
                    <P>1.5 Application of 18 U.S.C. 1161. By adopting this Liquor Control Ordinance, the Tribe hereby regulates the Sale, manufacturing, distribution, possession and consumption of Liquor while ensuring that such activity conforms with all applicable laws of the State of California as required by 18 U.S.C. 1161 and the United States.</P>
                    <P>1.6 Declaration of Public Policy; Findings. The Tribe enacts this Liquor Control Ordinance based upon the following findings:</P>
                    <P>(a) The distribution, manufacturing, possession, consumption and Sale of Liquor within the Tribe's jurisdiction is a matter of special concern to the Tribe.</P>
                    <P>(b) The Tribe is the beneficial owner of the Reservation and trust Lands, upon which the Tribe intends to operate various business including a Travel Center/Fuel Station.</P>
                    <P>(c) The Tribe's businesses serve as an integral and indispensable part of the Tribe's economy, providing revenue to the Tribe's government and employment of its tribal citizens and others in the local community.</P>
                    <P>(d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently prohibits the introduction of Liquor into Indian country, except in accordance with State law and the duly enacted laws of the Tribe.</P>
                    <P>(e) The Tribe recognizes the need for strict control and regulation of Liquor transactions on Lands under the Tribe's Jurisdiction because of the potential problems associated with the unregulated or inadequately regulated Sales, possession, manufacturing, distribution and consumption of Liquor.</P>
                    <P>(f) Regulating the possession, Sale, distribution, consumption and manufacture of Liquor within Lands under the Tribe's Jurisdiction is also consistent with the Tribe's interests in ensuring the peace, safety, health, and general welfare of the Tribe and its citizens.</P>
                    <P>(g) Tribal control and regulation of Liquor on Lands under the Tribe's Jurisdiction is consistent with the Tribe's custom and tradition of controlling the possession and consumption of Liquor on tribal Lands, and at tribal events.</P>
                    <P>
                        (h) The purchase, distribution, manufacturing, consumption, possession and Sale of Liquor on Lands under the Tribe's Jurisdiction shall take place only at duly Licensed (i) tribally owned enterprises, (ii) other enterprises operated pursuant to a lease 
                        <PRTPAGE P="7521"/>
                        with the Tribe, and (iii) tribally sanctioned events. (i) The Sale, consumption, possession or other commercial manufacture or distribution of Liquor on Lands under the Tribe's Jurisdiction, other than Sales, consumption, possession, manufacture and distributions made in strict compliance with this Liquor Control Ordinance, is detrimental to the health, safety, and general welfare of the citizens of the Tribe, and is prohibited.
                    </P>
                    <P>1.7 Interpretation and Findings. The Tribe shall interpret any ambiguities contained in this ordinance.</P>
                    <P>1.8 Conflicting Provisions. Whenever a conflict arises between the provisions of this Liquor Control Ordinance, the stricter of such provision shall apply. In construing the provisions of the ordinance, words or phrases shall have their ordinary meaning unless a different meaning is expressly provided or the context clearly indicates otherwise.</P>
                    <HD SOURCE="HD1">Article Two, Definitions</HD>
                    <P>Section 2.1 Terms Defined. As used in this Liquor Control Ordinance, the terms set forth below shall have the following definition:</P>
                    <P>(a) “Alcohol” means ethyl Alcohol, hydrated oxide of ethyl, or other distilled spirits, in any form, regardless of the source or the purpose used for its production.</P>
                    <P>(b) “Alcoholic Beverage” means all Alcohol, spirits, Liquor, wine, beer and any liquid or solid containing Alcohol, spirits, Liquor, wine, or beer, and which contains one-half of 1% or more of Alcohol by volume and that is fit for human consumption, either alone or when diluted, mixed, or combined with any other substance(s).</P>
                    <P>(c) “Compact” means the State Compact entered between the State of California and the Tribe that governs the conduct of Class III gaming activities on the Reservation pursuant to the Indian Gaming Regulatory Act.</P>
                    <P>(d) “Lands” means all real property currently held in trust by the United States for the benefit of the Tribe; as well as all real property that may be taken into trust in the future for the benefit of the Tribe.</P>
                    <P>(e) “Lands under the Tribe's Jurisdiction” means and includes all Lands now or in the future under the governmental authority or control of the Tribe.</P>
                    <P>(f) “License” means, unless otherwise Stated, a License issued by the Tribe in accordance with this Liquor Control Ordinance.</P>
                    <P>(g) “Liquor” means any Alcoholic Beverage, as defined under this section.</P>
                    <P>(h) “Person” means any individual or entity, whether Indian or non-Indian, receiver, assignee, trustee in bankruptcy, trusts, State, firm, corporation, partnership, joint venture, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, and any other Indian tribe, band or group. The term shall also include the businesses of the Tribe.</P>
                    <P>
                        (i) “Tribe” means Elem Indian Colony of Pomo Indians, a federally recognized Indian Tribe that is listed in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                    <P>(j) “Travel Center” means a fuel and convenience store owned by the Tribe and operating on trust Lands.</P>
                    <P>(k) “Sale and Sell” means the transfer for consideration of any kind, including by exchange or barter.</P>
                    <P>(l) “State” means the State of California or a subordinate licensing entity.</P>
                    <P>(m) “Reservation and or Rancheria” means all Lands held in trust by the United States for the benefit of Elem Indian Colony.</P>
                    <HD SOURCE="HD1">Article Three, Liquor Sales, Possession, Consumption and Manufacture</HD>
                    <P>3.1 Possession and Consumption of Alcohol. The introduction, consumption and possession of Alcoholic Beverages shall be lawful within Lands under the Tribe's Jurisdiction; provided that such introduction, consumption or possession is in conformity with the laws of the State and this Liquor Control Ordinance.</P>
                    <P>3.2 Retail Sales of Alcohol. The Sale of Alcoholic Beverages shall be lawful within Lands under the Jurisdiction of the Tribe; provided that such Sales are in conformity with the laws of the State and are made pursuant to a License issued by the Tribe.</P>
                    <P>3.3 Manufacture of Alcohol. The manufacture of beer, wine and spirits shall be lawful within Lands under the Jurisdiction of the Tribe, provided that such manufacture is in conformity with the laws of the State and pursuant to a License issued by the Tribe.</P>
                    <P>3.4 Age Limits. The legal age for possession or consumption of any Alcoholic Beverage within Lands under the Jurisdiction of the Tribe shall be the same as that of the State, which is currently 21 years. No Person under the age of 21 years shall purchase, possess or consume any Alcoholic Beverage. If there is a conflict between State law and the terms of the Compact regarding the age limits for Alcoholic Beverage possession or consumption, the age limits required by the State shall govern for purposes of this Liquor Control Ordinance.</P>
                    <HD SOURCE="HD1">Article Four, Power of the Tribe</HD>
                    <P>4.1 Licensing. The Tribe shall have the power to issue a License under this ordinance for the Sale, manufacture, distribution or possession of Liquor on its Lands; as well as the power to establish procedures and standards for tribal licensing of Liquor Sales, manufacture, distribution and possession within Lands under the Jurisdiction of the Tribe, including the setting of a License fee schedule, and shall have the power to publish and enforce such standards; provided that no Tribal License shall be issued except upon showing of satisfactory proof that the applicant is duly Licensed by the State. The fact that an applicant for a Tribal License possesses a License issued by the State shall not provide the applicant with an entitlement to a Tribal License. The Tribe may, in its discretion, set standards which are more, but in no case less, stringent than those of the State.</P>
                    <P>4.2 Limitation on Powers. In the exercise of its powers and duties under this ordinance, the Tribe, designee, individual members and staff shall not:</P>
                    <P>(a) Accept any gratuity, compensation or other thing of value from any Liquor</P>
                    <P>wholesaler, retailer or distributor, or from any Licensee; or</P>
                    <P>(b) Waive the immunity of the Tribe from suit without the express and separate consent of the Tribe or Executive Committee consistent with its sovereign immunity waiver ordinance, if any, or via resolution.</P>
                    <P>4.3 Inspection Rights. The public places on or within which Liquor is sold, distributed or consumed shall be open for inspection by the Tribe or its designee at all reasonable times for the purposes of ascertaining compliance with this ordinance and other regulations promulgated pursuant thereto. The Tribe may delegate all or part of its inspection authority to a designee or other subordinate tribal entity or agency, or may contract with third parties for this purpose.</P>
                    <HD SOURCE="HD1">Article Five, Enforcement Power</HD>
                    <P>5.1 Enforcement. The Tribe shall have the power to develop, enact, promulgate and enforce regulations as necessary for the enforcement of this Liquor Control Ordinance and to protect the public health, welfare and safety of the Tribe and Lands under the Jurisdiction of the Tribe, provided that all such regulations shall conform to, and not be in conflict with, any applicable tribal, federal or State law. Regulations enacted pursuant to this Liquor Control Ordinance may include provisions for the suspension or revocation of a tribal Liquor License, reasonable search and seizure provisions, and civil and criminal penalties for the violation of the Liquor Control Ordinance to the full extent permitted by federal law and consistent with due process.</P>
                    <P>(a) Tribal law enforcement Personnel and security Personnel duly authorized by the Tribe shall have the authority to enforce this Liquor Control Ordinance by confiscating any Liquor sold, possessed, distributed, manufactured or introduced within the Lands under the Jurisdiction of the Tribe in violation of this Liquor Control Ordinance or of any regulations duly adopted under or pursuant to this Liquor Control Ordinance.</P>
                    <P>(b) The Tribe shall have the exclusive jurisdiction to hold hearings on violations of this Liquor Control Ordinance and any procedures or regulations adopted under or pursuant to this Liquor Control Ordinance; to promulgate appropriate procedures governing such hearings; to determine and enforce penalties or damages for violations of this Liquor Control Ordinance; and delegate to a subordinate hearing officer or panel the authority to take any or all of the foregoing actions on its behalf.</P>
                    <HD SOURCE="HD1">Article Six, Taxes, Reports, and Audits</HD>
                    <P>6.1 Taxation. Nothing contained in this Liquor Control Ordinance is intended to, nor does in any way, limit or restrict the Tribe's ability to impose any tax upon the Sale, manufacture or consumption of Liquor or any Alcoholic Beverage.</P>
                    <P>6.2 Sales Tax. There is hereby levied and shall be collected a tax on each retail Sale of Liquor and Alcoholic Beverages on the Lands within the Tribe's Jurisdiction in an amount of one and one-half (1.5%) percent of the retail Sales price. All taxes from the Sale of Liquor and beverages shall be paid to the General Fund of the Tribe.</P>
                    <P>
                        6.3. Taxes Due. All taxes of the Sale of Liquor and Alcoholic Beverages within the Tribe's Jurisdiction are due on the 15th date of the month following the calendar quarter for which the taxes are due.
                        <PRTPAGE P="7522"/>
                    </P>
                    <P>6.4. Delinquent Taxes. Past due taxes shall accrue interest a two percent (2%) per month.</P>
                    <P>6.5 Sales Tax Reporting. Along with payment of the taxes imposed the taxpayer shall submit a quarterly accounting of all income from the Sale or distribution of Liquor, as well as for the taxes collected.</P>
                    <P>6.6 Audit. As a condition of obtaining a License, the Licensee shall submit to a review of its books and records relating to the Sale of Liquor and Alcoholic Beverages within the Tribe's Jurisdiction. The audit shall be done bi-annually through its agents or designee for purposes of enforcing this ordinance and to review the accuracy of the reports.</P>
                    <HD SOURCE="HD1">Article Seven, Miscellaneous Provisions</HD>
                    <P>Section 7.1 Sovereign Immunity Preserved. Nothing contained in this Liquor Control Ordinance shall be deemed or construed as a waiver of the Tribe's sovereign immunity or is intended to be construed in any way, to limit, alter, restrict, or waive the sovereign immunity of the Tribe or any of its officers, entities or agents. All inherent sovereign rights of the Tribe, its officers, entities and/or agents are hereby expressly reserved, including the Tribe's sovereign immunity from unconsented suits or actions of any kind.</P>
                    <P>Section 7.2 Conformance with Applicable Laws. All acts and transactions under this Liquor Control Ordinance shall be in conformity with the Compact, if applicable, and/or the laws of the State to the extent required by 18 U.S.C. 1161, and with all federal laws regarding Alcohol in Indian Country.</P>
                    <P>
                        Section 7.3 Effective Date. This Liquor Control Ordinance shall be effective as of the date on which the Secretary of Interior certifies this ordinance and publishes the same in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                    <P>Section 7.4 Repeal of Prior Acts. All prior enactments of the Executive Committee, including tribal resolutions, policies, regulations, statutes or ordinances pertaining to the subject matter set forth in this Liquor Control Ordinance are hereby rescinded.</P>
                    <P>
                        Section 7.5 Amendments. This Liquor Control Ordinance may only be amended pursuant to an amendment duly enacted by the Tribe and certified by the Secretary of Interior and published in the 
                        <E T="04">Federal Register</E>
                        , if required.
                    </P>
                    <P>Section 7.6 Severability and Savings Clause. If any part or provision of this Liquor Control Ordinance is held invalid, void or unenforceable by a court of competent jurisdiction, such adjudication should not be held to render such provisions inapplicable to the other Persons or circumstances. Furthermore, the remainder of the ordinance shall not be affected and shall continue to remain in full force and effect.</P>
                    <HD SOURCE="HD1">Article Eight, Liquor Licensing</HD>
                    <P>8.1 Application for Liquor License Form and Content. An Application for a Liquor License under this ordinance shall be made to the Tribe's Executive Committee and shall contain the following information:</P>
                    <P>(a) The names and addresses of the applicant(s). In the case where applicants are an entity the names and addresses of all officers, directors and stockholders owning more than ten percent (10%) of outstanding corporate shares.</P>
                    <P>(b) The specific area or location for which the License is applied for.</P>
                    <P>(c) The Type of Liquor License applied for (retail off-Site, etc.).</P>
                    <P>(d) Whether the applicant has a State License.</P>
                    <P>(e) A Statement that the applicant has not been convicted of a felony and has not violated or will not violate or cause to be violated this ordinance or any provisions of the California Alcoholic Beverage Control Act;</P>
                    <P>(f) The signature and fingerprint of the applicant. In the case of a partnership or limited liability company, the signature and fingerprint of each partner or Company member. In the case of a corporation, a fingerprint of each corporate officer under the seal of the corporation.</P>
                    <P>(g) The application shall be verified, under oath, notarized and accompanied by the License fee required by this ordinance.</P>
                    <P>8.2 Fee Accompanying License Application. The Tribe, by resolution shall establish a fee schedule for the licensure, renewal and transfer of tribal Liquor Licenses. The Tribe may issue any of the California Beverage Control License types for use within its Jurisdiction so long as the Tribe or a tribally owned, chartered or affiliated entity holds an active California Beverage Control License of the type to be Licensed.</P>
                    <P>8.3 Investigation and Denial of Application. Upon receipt of an application for the issuance, transfer or renewal of a License and the application fee, the Tribe or its designee shall investigate whether the applicant or the premises applied for qualify for a License under the ordinance and whether the ordinance has been complied with and shall investigate any matter which may affect the health, welfare and morals of the Tribe and public. The Tribe shall deny a License if either the applicant or the premises applied for does not qualify for a License under the ordinance or the applicant has misrepresented any facts in the application or provided false information to the Tribe on the application to obtain a License. The Tribe may further deny a License if it cannot make the findings required under Section 9.2 of this ordinance or the Tribe determines that the issuance of said License would tend to create a law enforcement problem or the issuance of the License would result in detriment to the health, safety and welfare of the Tribe or public.</P>
                    <P>8.4 State License Required. No Person shall be allowed or permitted to Sell or provide Liquor on the Elem Indian Colony or its trust Lands if she/he/it does not also have a License from the State of California to Sell or provide such Liquor. If such License from the State is revoked or suspended, the Tribal License shall automatically be revoked or suspended as well.</P>
                    <HD SOURCE="HD1">Article Nine, Issuance, Renewal, And Transfer Of Licenses</HD>
                    <P>9.1 Public Hearing. Upon receipt of a License application, renewal or transfer and the payment of all required fees, the Tribe shall set a public hearing at the next available Tribal meeting date. Notice of the hearing shall be provided to the applicant and membership at least ten (10) days prior to the hearing. Notice shall be given by prepaid U.S. Mail at the address listed on the License application. Notice shall be provided to the Tribal membership via electronic mail, and by posting on the Tribal website and Tribal Office. At the hearing the Tribe shall hear from any Person who wishes to speak for or against the issuance, renewal or transfer of the License. The Tribe has the authority to place time limits on the speakers and limit or prohibit repetitive testimony.</P>
                    <P>9.2 Tribal Action on the Application. Within thirty (30) days of the hearing, the Tribe shall act on the application. The Tribe shall have the authority to approve the application without or with conditions or deny the application. Before approving an application, the Tribe shall make the following findings: (1) the site for the proposed License has adequate parking, lighting, security, ingress and egress so as not to adversely affect adjoining properties or businesses; and (2) the Sale of Alcoholic Beverages is consistent with the Tribe's Zoning ordinance if such ordinance exists. Upon approval of an application the Tribe shall issue a License to the applicant in a form to be determined by the Tribe by resolution. All tribal Licensees shall post their License in a conspicuous place where the Alcoholic Beverages are sold or manufactured.</P>
                    <P>9.3 License Multiple Locations. Each tribal License shall be issued to a single location. Separate Licenses are required for the premises of any business establishment having more than one location.</P>
                    <P>9.4 License Terms; Temporary Licenses. All Licenses issued by the Tribe are issued on a calendar year annual basis and shall be renewed annually; provided however, the Tribe may issue a special License for the Sale of Alcoholic Beverages on a temporary basis for premises occupied temporarily by the Licensee; for a picnic, social gathering or similar occasion at a fee to be established by the Tribe by resolution.</P>
                    <P>9.5 Transfer of License; Tribal Approval Required. Each License issued under this ordinance is separate and distinct and transferrable from one Person to another or from one location to another only with tribal approval. The transfer application shall comply with this ordinance information requirements as to Person(s) or entitles Licensed and License location.</P>
                    <P>9.6 Licenses are not a Property Right. Notwithstanding any other provision of this Liquor Control Ordinance, a Tribal Liquor License is a mere permit for a fixed duration of time. A Tribal Liquor License shall not be deemed a property right or vested right of any kind, nor shall the granting of a tribal Liquor ordinance give rise to a presumption of legal entitlement to a License/permit in a subsequent time period.</P>
                    <HD SOURCE="HD1">Article Ten, Suspension And Revocation Of Licenses</HD>
                    <P>
                        10.1 License Suspension and Revocation. The Tribe may revoke or suspend a License under any of the following circumstances:
                        <PRTPAGE P="7523"/>
                    </P>
                    <P>(a) Misrepresentation of a material fact on any application for License, renewal or transfer;</P>
                    <P>(b) A violation of any condition imposed by the Tribe on the License, renewal or transfer;</P>
                    <P>(c) A plea, judgment of guilty or plea of nolo contender to any public offense involving moral turpitude under any federal, State or tribal law prohibiting or a law regulating the Sale, use, possession or giving away of Alcoholic Beverages or intoxicating Liquors;</P>
                    <P>(d) The violation of any Tribal Ordinance;</P>
                    <P>(e) A violation of any rule, regulation or policy of the California Alcoholic Beverage Control Act;</P>
                    <P>(f) The failure to take reasonable steps to correct objectionable conditions constituting a public nuisance on the Licensed premises or any immediately adjacent area leased, assigned or rented by the Licensee within a reasonable time after receipt of notice to make such corrections by the Tribe or its designee.</P>
                    <P>10.2 License Revocation. Any Person or entity, including the Tribe, on its own motion or the adoption of a resolution, may initiate revocation proceedings by filing an accusation with the Executive Committee. The accusation shall be in writing, signed under penalty of perjury, and contain facts that support the revocation of the License consistent with this Ordinance. Upon receipt of the accusation the Executive Committee shall set a hearing date. Notice of the hearing shall be forwarded to the Licensee thirty (30) days prior to the hearing date. The Notice shall command the Licensee to appear at the hearing and show cause why the License should not be revoked. The Notice shall state the Licensee has the right to file a written response to the accusation ten (10) days prior to the hearing. Notice of the hearing shall be posted on the Tribe's website and at the Tribal Offices.</P>
                    <P>10.3 Revocation Hearing. Any revocation hearing shall be held before a majority of the members of Executive Committee or its designee. If a designee is utilized, the designee shall be appointed by the Executive Committee by resolution. The Licensee, accuser and the Tribe may present witnesses to testify and present documents at the hearing. The Executive Committee or its designee shall present a written decision within sixty (60) days of the hearing.</P>
                    <HD SOURCE="HD1">Article Eleven, Ordinance Enforcement</HD>
                    <P>11.1 Ordinance Enforcement. Any Person or entity found to have violated this ordinance shall be subject to a civil penalty not more than five-hundred ($500.00) dollars for each violation. The Tribe may adopt a separate schedule of fines for each type of violation by resolution. Such schedule may provide for penalties in excess of five-hundred ($500.00) dollars the penalties shall be in addition to any criminal penalties that may be imposed subject to a separate ordinance adopted by the Tribe and in conformity with federal law.</P>
                    <HD SOURCE="HD1">Article Twelve, Violation a Public Nuisance</HD>
                    <P>12.1 Violation a Public Nuisance. Any violation of this ordinance shall constitute a public nuisance. The Tribe may initiate and maintain an action in tribal court or any court of competent jurisdiction to abate or permanently enjoin the nuisance. Any action taken under this section shall be in addition to other penalties provided for under this ordinance.</P>
                    <HD SOURCE="HD1">Article Thirteen, Severability</HD>
                    <P>
                        13.1 
                        <E T="03">S</E>
                        everability. If any part of this ordinance shall be deemed invalid, the remaining portions shall remain in full force and effect.
                    </P>
                    <HD SOURCE="HD1">Article Fourteen, Effective Date</HD>
                    <P>
                        14.1 Effective Date. The Effective Date of this ordinance shall be the date the Secretary of the Interior or their designee certifies the ordinance and publishes it in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                    <HD SOURCE="HD1">Article Fifteen, Amendment</HD>
                    <P>
                        15.1 Amendment. This ordinance may be amended by a majority vote of the General Council or its designee at a duly noticed meeting. Such amendment to become effective upon publication in the 
                        <E T="04">Federal Register</E>
                         by the Secretary of the Interior or their designee.
                    </P>
                    <HD SOURCE="HD1">Article Sixteen, Profits</HD>
                    <P>16.1 Profits. The gross proceeds collected by the Tribe from all licensing of the Sale, manufacture and distribution of Alcoholic Beverages within the Tribe's Jurisdiction, and from proceedings involving violations of this ordinance, shall be distributed as follows:</P>
                    <P>(a) First, for the payment of all necessary Personnel, administrative costs, and legal fees incurred in the enforcement of this ordinance; and</P>
                    <P>(b) Second, the remainder shall be turned over to the Tribe's General Fund and expended for governmental services and programs as directed by the Tribe or its designee.</P>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03107 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4337-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[A2407-014-004-065516, #O2509-014-004-125222; AA-8103-15; AA-8103-17]</DEPDOC>
                <SUBJECT>Alaska Native Claims Selection</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of decision approving lands for conveyance.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to Doyon, Limited, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the time limits set out in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this notice.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may obtain a copy of the decision from the Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7504.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Chelsea L. Kreiner, Acting Deputy State Director, BLM Alaska State Office, 907-271-4205, or 
                        <E T="03">ckreiner@blm.gov.</E>
                         Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point of contact in the United States.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    As required by 43 CFR 2650.7(d), notice is hereby given that the BLM will issue an appealable decision to Doyon, Limited. The decision approves conveyance of the surface and subsurface estates in certain lands pursuant to ANCSA (43 U.S.C. 1601, 
                    <E T="03">et seq.</E>
                    ). The lands are located in the vicinity of Flat, Alaska, and are described as:
                </P>
                <EXTRACT>
                    <HD SOURCE="HD1">Seward Meridian, Alaska</HD>
                    <FP SOURCE="FP-2">T. 26 N., R. 47 W.,</FP>
                    <FP SOURCE="FP1-2">Secs. 5 to 8, inclusive;</FP>
                    <FP SOURCE="FP1-2">Sec. 15.</FP>
                    <FP SOURCE="FP1-2">Containing approximately 147 acres.</FP>
                    <FP SOURCE="FP-2">T. 27 N., R. 47 W.,</FP>
                    <FP SOURCE="FP1-2">Secs. 1, 2, and 3;</FP>
                    <FP SOURCE="FP1-2">Secs. 10, 11, and 12;</FP>
                    <FP SOURCE="FP1-2">Sec. 16;</FP>
                    <FP SOURCE="FP1-2">Sec. 21;</FP>
                    <FP SOURCE="FP1-2">Secs. 27 and 28;</FP>
                    <FP SOURCE="FP1-2">Secs. 31, 32, and 33.</FP>
                    <FP SOURCE="FP1-2">Containing approximately 938 acres.</FP>
                    <FP SOURCE="FP1-2">Aggregating approximately 1,085 acres.</FP>
                </EXTRACT>
                <P>The decision addresses public access easements, if any, to be reserved to the United States pursuant to sec. 17(b) of ANCSA (43 U.S.C. 1616(b)), in the lands described above.</P>
                <P>The BLM will also publish notice of the decision once a week for 4 consecutive weeks in the Fairbanks Daily-News Miner newspaper.</P>
                <P>Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the following time limits:</P>
                <P>
                    1. Unknown parties, parties unable to be located after reasonable efforts have been expended to locate, parties who fail or refuse to sign their return receipt, 
                    <PRTPAGE P="7524"/>
                    and parties who receive a copy of the decision by regular mail, which is not certified, return receipt requested, shall have until March 20, 2026 to file an appeal. 
                </P>
                <P>2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal.</P>
                <P>Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4 shall be deemed to have waived their rights. Notices of appeal transmitted by facsimile will not be accepted as timely filed.</P>
                <SIG>
                    <NAME>Chelsea Kreiner,</NAME>
                    <TITLE>Acting Deputy State Director, Division of Lands and Cadastral.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03149 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4331-10-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation Nos. 701-TA-502 and 731-TA-1227 (Second Review)]</DEPDOC>
                <SUBJECT>Steel Concrete Reinforcing Bar From Mexico and Turkey; 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 countervailing duty order on steel concrete reinforcing bar (“rebar”) from Turkey and the antidumping duty order on rebar from Mexico 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>January 26, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kenneth Gatten III (202 708 1447), Office of Industry and Competitiveness Analysis, 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 January 26, 2026, the Commission determined that the domestic interested party group response to its notice of institution (90 FR 42440, September 2, 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)).
                    <SU>2</SU>
                    <FTREF/>
                </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>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Commissioner David S. Johanson voted to conduct full reviews.
                    </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 March 6, 2026. 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 notice of institution,
                    <SU>3</SU>
                    <FTREF/>
                     and any party other than an interested party to the reviews may file written comments with the Secretary on what determination the Commission should reach in the reviews. Comments are due on or before 5:15 p.m. on March 11, 2026, 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 March 11, 2026. 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>3</SU>
                         The Commission has found the responses submitted on behalf of Rebar Trade Action Coalition to be individually adequate. Comments from other interested parties will not be accepted (see 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 that 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: February 12, 2026.</DATED>
                    <NAME>Lisa Barton,</NAME>
                    <TITLE>Secretary to the Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03135 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation No. 701-TA-741 (Final)]</DEPDOC>
                <SUBJECT>Paper File Folders From Cambodia; Determination</SUBJECT>
                <P>
                    On the basis of the record 
                    <SU>1</SU>
                    <FTREF/>
                     developed in the subject investigation, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is materially injured by reason of imports of paper file folders from Cambodia, provided for in subheading 4820.30.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce 
                    <PRTPAGE P="7525"/>
                    (“Commerce”) to be subsidized by the government of Cambodia.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The record is defined in § 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         90 FR 60631, December 29, 2025.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The Commission instituted this investigation effective October 21, 2024, following receipt of petitions filed with the Commission and Commerce by the Coalition of Domestic Folder Manufacturers, Hastings, Minnesota, and Naperville, Illinois, alleging that an industry in the United States is materially injured and threatened with material injury by reason of subsidized and less-than-fair-value (“LTFV”) imports of paper file folders from Cambodia and LTFV imports of paper file folders from Sri Lanka. The Commission scheduled the final phase of its investigations following notification of preliminary affirmative determinations by Commerce that imports of paper file folders from Cambodia were being subsidized by the government of Cambodia and imports of paper file folders from Sri Lanka were being sold at LTFV, and of a preliminary negative determination by Commerce that imports of paper file folders from Cambodia were not being sold at LTFV within the meaning of sections 703(b) and 733(b) of the Act (19 U.S.C. 1671b(b) and 1673b(b)). Notice of the scheduling of the final phase of the Commission's investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the 
                    <E T="04">Federal Register</E>
                     (90 FR 23708, June 4, 2025). Following a request by counsel for the Coalition of Domestic Folder Manufacturers to cancel the scheduled hearing and absent other requests to appear at the hearing, the public hearing scheduled in connection with these investigations was cancelled (90 FR 37886, August 6, 2025).
                </P>
                <P>
                    The investigation schedules became staggered when Commerce did not align its antidumping and countervailing duty investigations concerning paper file folders from Cambodia with its antidumping duty investigation concerning paper file folders from Sri Lanka, and reached an earlier final antidumping determination in the investigation concerning Sri Lanka. On September 22, 2025, the Commission issued a final affirmative determination in its antidumping duty investigation on paper file folders from Sri Lanka (90 FR 45961, September 24, 2025). On December 29, 2025, Commerce issued a final negative determination in its antidumping duty investigation on paper file folders from Cambodia (90 FR 60612, December 29, 2025), after which the Commission terminated its antidumping investigation concerning paper file folders from Cambodia, effective December 29, 2025 (91 FR 380, January 6, 2026). Following notification on December 29, 2025 of a final affirmative determination by Commerce that imports of paper file folders from Cambodia were being subsidized by the government of Cambodia within the meaning of section 705(b) of the Act (19 U.S.C. 1671d(b)) (90 FR 60631, December 29, 2025),
                    <SU>3</SU>
                    <FTREF/>
                     notice of the supplemental scheduling of the final phase of the Commission's countervailing duty investigation was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the 
                    <E T="04">Federal Register</E>
                     of January 6, 2026 (91 FR 381, January 6, 2026).
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Due to the lapse in appropriations and ensuing cessation of government operations, Commerce tolled its deadlines for its final antidumping and countervailing duty determinations concerning paper file folders from Cambodia.
                    </P>
                </FTNT>
                <P>
                    The Commission made this determination pursuant to section 705(b) of the Act (19 U.S.C. 1671d(b)). It completed and filed its determination in this investigation on February 12, 2026. The views of the Commission are contained in USITC Publication 5700 (February 2026), entitled 
                    <E T="03">Paper File Folders from Cambodia: Investigation No. 701-TA-741 (Final).</E>
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: February 12, 2026.</DATED>
                    <NAME>Lisa Barton,</NAME>
                    <TITLE>Secretary to the Commission.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03104 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
                <DEPDOC>[OMB Number 1110-0058]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Proposed eCollection eComments Requested; Title—National Incident-Based Reporting System (NIBRS)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Criminal Justice Information Services (CJIS) Division, Federal Bureau of Investigation, Department of Justice.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Criminal Justice Information Services (CJIS) Division, FBI, DOJ, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are encouraged and will be accepted for 30 days until March 20, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact: Chad M. Garman, Acting Unit Chief, Crime and Law Enforcement Statistics Unit, FBI, CJIS Division, Module D-2, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306, 771-230-3959, or at 
                        <E T="03">ucr@fbi.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     on December 12, 2025, 90 FR 57780, allowing a 60-day comment period. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:
                </P>
                <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</FP>
                <FP SOURCE="FP-1">—Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</FP>
                <FP SOURCE="FP-1">—Enhance the quality, utility, and clarity of the information to be collected; and/or</FP>
                <FP SOURCE="FP-1">
                    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses).
                </FP>
                <P>
                    Written comments and recommendations for this 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 information collection or the OMB Control Number [1110-0058]. This information collection request may be 
                    <PRTPAGE P="7526"/>
                    viewed at 
                    <E T="03">www.reginfo.gov.</E>
                     Follow the instructions to view Department of Justice, information collections currently under review by OMB.
                </P>
                <P>DOJ seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOJ notes that information collection requirements submitted to OMB for existing ICRs receive a month-to-month extension while they undergo review.</P>
                <P>
                    <E T="03">Abstract:</E>
                     Under the Uniform Federal Crime Reporting Act of 1988, 34 U.S.C. 41303; the DOJ's authority regarding the acquisition, preservation, and exchange of identification records and information, 28 U.S.C. 534; the USA Patriot Improvement and Reauthorization Act of 2005, Public Law 109-177, 120 Stat. 193; the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 34 U.S.C. 41309; and the Hate Crimes Statistics Act, 34 U.S.C. 41305, this collection requests incident data from federal, state, local, tribal, and territorial LEAs in order for the FBI's Uniform Crime Reporting (UCR) Program to serve as the national clearinghouse for the collection and dissemination of incident data. The traditional Summary Reporting System (SRS), managed by the FBI's UCR Program since the 1930s, includes 10 crimes and employs the Hierarchy Rule (
                    <E T="03">i.e.,</E>
                     in a multiple-offense incident, only the most serious crime is reported). In contrast, NIBRS includes 28 offense categories made up of 71 specific crimes (
                    <E T="03">i.e.,</E>
                     Group A offenses) and allows LEAs to report up to 10 of those offenses associated with an incident. For each of these offenses, LEAs collect administrative, offense, property, victim, offender, and arrestee information. Arrest data only are reported for an additional 10 Group B offenses. The level of detail is the most significant difference between NIBRS and SRS and the NIBRS data submitted to the FBI's UCR Program are generated as a byproduct of a LEA's records management system.
                </P>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    1. 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a previously approved collection.
                </P>
                <P>
                    2. 
                    <E T="03">The Title of the Form/Collection:</E>
                     National Incident-Based Reporting System (NIBRS).
                </P>
                <P>
                    3. 
                    <E T="03">The agency form number, if any, and the applicable component of the department sponsoring the collection:</E>
                     The form number is 1110-0058. The applicable component within DOJ is the CJIS Division, FBI.
                </P>
                <P>
                    4. 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                     Primary: Federal, state, local, tribal, and territorial law enforcement agencies (LEAs). Abstract: Under the Uniform Federal Crime Reporting Act of 1988, 34 U.S.C. 41303; the DOJ's authority regarding the acquisition, preservation, and exchange of identification records and information, 28 U.S.C. 534; the USA Patriot Improvement and Reauthorization Act of 2005, Public Law 109-177, 120 Stat. 193; the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 34 U.S.C. 41309; and the Hate Crimes Statistics Act, 34 U.S.C. 41305, this collection requests incident data from federal, state, local, tribal, and territorial LEAs in order for the FBI's Uniform Crime Reporting (UCR) Program to serve as the national clearinghouse for the collection and dissemination of incident data. The traditional Summary Reporting System (SRS), managed by the FBI's UCR Program since the 1930s, includes 10 crimes and employs the Hierarchy Rule (
                    <E T="03">i.e.,</E>
                     in a multiple-offense incident, only the most serious crime is reported). In contrast, NIBRS includes 28 offense categories made up of 71 specific crimes (
                    <E T="03">i.e.,</E>
                     Group A offenses) and allows LEAs to report up to 10 of those offenses associated with an incident. For each of these offenses, LEAs collect administrative, offense, property, victim, offender, and arrestee information. Arrest data only are reported for an additional 10 Group B offenses. The level of detail is the most significant difference between NIBRS and SRS and the NIBRS data submitted to the FBI's UCR Program are generated as a byproduct of a LEA's records management system.
                </P>
                <P>
                    5. 
                    <E T="03">Obligation to Respond:</E>
                     The obligation to respond is mandatory for federal agencies and voluntary for non-federal agencies.
                </P>
                <P>
                    6. 
                    <E T="03">Total Estimated Number of Respondents:</E>
                     16,788 respondents.
                </P>
                <P>
                    7. 
                    <E T="03">Estimated Time per Respondent:</E>
                     2 hours.
                </P>
                <P>
                    8. 
                    <E T="03">Frequency:</E>
                     Monthly.
                </P>
                <P>
                    9. 
                    <E T="03">Total Estimated Annual Time Burden</E>
                    : 403,212 hours.
                </P>
                <P>
                    10. 
                    <E T="03">Total Estimated Annual Other Costs Burden:</E>
                     $0.
                </P>
                <P>
                    <E T="03">If additional information is required, contact:</E>
                     Darwin Arceo, Department Clearance Officer, Enterprise Portfolio Management, Justice Management Division, United States Department of Justice, Two Constitution Square, 145 N Street NE, 4W-218, Washington, DC 20530.
                </P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Darwin Arceo,</NAME>
                    <TITLE>Department Clearance Officer for PRA, U.S. Department of Justice.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03091 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBJECT>Notice of Lodging of Proposed Consent Decree Under the Clean Air Act</SUBJECT>
                <P>
                    On February 13, 2026, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of West Virginia in the lawsuit entitled 
                    <E T="03">United States and the West Virginia Department of Environmental Protection</E>
                     v. 
                    <E T="03">Antero Resources Corporation,</E>
                     Civil Action No. 26-cv-00010 (N.D. W. Va.).
                </P>
                <P>The lawsuit seeks injunctive relief and civil penalties for violations of the Clean Air Act and its implementing regulations at oil and natural gas production facilities owned and operated by Antero Resources Corporation (“Antero”) in West Virginia and Ohio. The violations relate to alleged failures to adequately design, operate, and maintain storage tank vapor control systems, resulting in emissions of volatile organic compounds (“VOC”) and other pollutants to the atmosphere. The proposed consent decree requires Antero to perform injunctive relief to address these violations and complete mitigation projects to reduce VOC emissions. Antero must also pay a $3,800,000 civil penalty. Entering into and fully complying with the proposed consent decree would release Antero from past civil liability for violations of Clean Air Act regulations applicable to new and modified storage vessels and related state law at the facilities subject to the proposed consent decree.</P>
                <P>
                    The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to 
                    <E T="03">United States and the West Virginia Department of Environmental Protection</E>
                     v. 
                    <E T="03">Antero Resources Corporation,</E>
                     D.J. Ref. No. 90-5-2-1-12292. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:
                    <PRTPAGE P="7527"/>
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="xs50,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1" O="L">
                            <E T="03">To submit comments:</E>
                        </CHED>
                        <CHED H="1" O="L">
                            <E T="03">Send them to:</E>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">By email</ENT>
                        <ENT>
                            <E T="03">pubcomment-ees.enrd@usdoj.gov.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">By mail</ENT>
                        <ENT>Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>Any comments submitted in writing may be filed by the United States in whole or in part on the public court docket without notice to the commenter.</P>
                <P>
                    During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department website: 
                    <E T="03">https://www.justice.gov/enrd/consent-decrees.</E>
                     If you require assistance accessing the proposed Consent Decree, you may request assistance by email or by mail to the addresses provided above for submitting comments.
                </P>
                <SIG>
                    <NAME>Jason A. Dunn,</NAME>
                    <TITLE>Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03187 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <DEPDOC>[OMB Number 1121-0341]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Proposed eCollection eComments Requested; Reinstatement With Change of a Previously Approved Collection; Office for Victims of Crime Training and Technical Assistance Center (OVC TTAC) Feedback Form Package</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Justice Programs, Department of Justice.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>60-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Office of Justice Programs, Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are encouraged and will be accepted for 60 days until April 20, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have additional comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Tom Talbot, Senior Policy Advisor, Office of Justice Programs, Bureau of Justice Assistance, 999 North Capitol St. NE, Washington, DC 20002, 
                        <E T="03">Thomas.Talbot@usdoj.gov,</E>
                         202-514-9482.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:</P>
                <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the OVC, including whether the information will have practical utility;</FP>
                <FP SOURCE="FP-1">—Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</FP>
                <FP SOURCE="FP-1">—Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and</FP>
                <FP SOURCE="FP-1">
                    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </FP>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    1. 
                    <E T="03">Type of Information Collection:</E>
                     Reinstatement with a change of a previously approved collection.
                </P>
                <P>
                    2. 
                    <E T="03">The Title of the Form/Collection:</E>
                     OVC TTAC Feedback Form Package.
                </P>
                <P>
                    3. 
                    <E T="03">The agency form number, if any, and the applicable component of the Department sponsoring the collection:</E>
                     Office for Victims of Crime, Office of Justice Programs, Department of Justice.
                </P>
                <P>
                    4. 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                     Primary: State, Local, or Tribal agencies/organizations. Other: Federal Government; Individuals or households; Not-for-profit institutions; Businesses or other for-profit. Abstract: The Office for Victims of Crime Training and Technical Assistance Center (OVC TTAC) Feedback Form Package is designed to collect the data necessary to continuously assess the satisfaction and outcomes of assistance provided through OVC TTAC for both monitoring and accountability purposes to continuously meet the needs of the victim services field. OVC TTAC will give these forms to recipients of training and technical assistance, scholarship applicants, users of the website and call center, consultants/instructors providing training, agencies requesting services, and other professionals receiving assistance from OVC TTAC. The purpose of this data collection will be to capture important feedback on the respondents' satisfaction and outcomes of the resources provided. The data will then be used to advise OVC on ways to improve the support that it provides to the victim services field at-large.
                </P>
                <P>
                    4. 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                </P>
                <P>
                    5. 
                    <E T="03">Total Estimated Number of Respondents:</E>
                     32,70 respondents.
                </P>
                <P>
                    6. 
                    <E T="03">Estimated Time per Respondent:</E>
                     20 minutes.
                </P>
                <P>
                    7. 
                    <E T="03">Frequency:</E>
                     Once.
                </P>
                <P>
                    8. 
                    <E T="03">Total Estimated Annual Time Burden:</E>
                     6,609.
                </P>
                <P>
                    9. 
                    <E T="03">Total Estimated Annual Other Costs Burden.</E>
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     Darwin Arceo, Department Clearance Officer, United States Department of Justice, Enterprise Portfolio Management, Two Constitution Square, 145 N Street NE, 4W-218, Washington, DC.
                </P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>Darwin Arceo,</NAME>
                    <TITLE>Department Clearance Officer for PRA, U.S. Department of Justice.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03212 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <DEPDOC>[OMB Number 1122-0030]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of Currently Approved Collection; Financial Capability Form</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office on Violence Against Women, Department of Justice.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are encouraged and will be accepted for 30 days until March 20, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information 
                        <PRTPAGE P="7528"/>
                        collection instrument with instructions or additional information, please contact: Tiffany Watson, Office on Violence Against Women, at 202-307-6026 or 
                        <E T="03">Tiffany.Watson@usdoj.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     on December 10, 2025, 90 FR 57217, allowing a 60-day comment period. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:
                </P>
                <P>1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</P>
                <P>3. Enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </P>
                <P>
                    Written comments and recommendations for this 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 information collection or the OMB Control Number 1122-0030. This information collection request may be viewed at 
                    <E T="03">www.reginfo.gov.</E>
                     Follow the instructions to view Department of Justice information collections currently under review by OMB.
                </P>
                <P>DOJ seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOJ notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review.</P>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    1. 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a currently approved collection.
                </P>
                <P>
                    2. 
                    <E T="03">Title of the Form/Collection:</E>
                     Financial Capability Form.
                </P>
                <P>
                    3. 
                    <E T="03">Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:</E>
                     Form Number: 1122-0030. U.S. Department of Justice, Office on Violence Against Women.
                </P>
                <P>
                    4. 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                     The affected public includes non-governmental applicants to OVW grant programs that do not currently (or within the last 3 years) have funding from OVW. In accordance with 2 CFR 200.206, the information is required for assessing the financial risk of an applicant's ability to administer federal funds. The form includes a mix of check box and narrative questions related to the organization's financial systems, policies and procedures.
                </P>
                <P>
                    5. 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:</E>
                     It is estimated that it will take the approximately 40 respondents (non-governmental) applicants to OVW grant programs approximately 4 hours to complete an online assessment form.
                </P>
                <P>
                    6. 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     The total annual hour burden to complete the data collection forms is 160 hours, that is 40 applicants completing a form once as a new applicant with an estimated completion time for the form being 4 hours.
                </P>
                <P>
                    7. 
                    <E T="03">An estimate of the total annual cost burden associated with the collection, if applicable:</E>
                     The annualized cost to the Federal Government resulting from OVW staff review of the forms is estimated to be $9,275.
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     Darwin Arceo, Department Clearance Officer, United States Department of Justice, Justice Management Division, Enterprise Portfolio Management, Two Constitution Square, 145 N Street NE, 4W-218, Washington, DC.
                </P>
                <SIG>
                    <DATED>Dated: February 12, 2026.</DATED>
                    <NAME>Darwin Arceo,</NAME>
                    <TITLE>Department Clearance Officer for PRA, U.S. Department of Justice.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03090 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-FX-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF LABOR</AGENCY>
                <SUBJECT>Agency Information Collection Activities; Request for Public Comment</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Employee Benefits Security Administration, Department of Labor.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Department of Labor (the Department), in accordance with the Paperwork Reduction Act, provides the general public and Federal agencies with an opportunity to comment on proposed 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 Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the 
                        <E T="02">ADDRESSES</E>
                         section of this notice. ICRs also are available at reginfo.gov (
                        <E T="03">http://www.reginfo.gov/public/do/PRAMain</E>
                        ).
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Written comments must be submitted to the office shown in the 
                        <E T="02">ADDRESSES</E>
                         section on or before April 20, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        U.S. Department of Labor, Employee Benefits Security Administration, Office of Research and Analysis, Attention: PRA Officer, 200 Constitution Avenue NW, Room N-5718, Washington, DC 20210, or 
                        <E T="03">ebsa.opr@dol.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Current Actions</HD>
                <P>This notice requests public comment on the Department's request for extension of the Office of Management and Budget's (OMB) approval of ICRs contained in the rules and prohibited transaction exemptions described below. This action is not related to any pending rulemakings and the Department is not proposing any changes to the existing ICRs at this time. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. A summary of the ICRs and the burden estimates follows:</P>
                <P>
                    <E T="03">Agency:</E>
                     Employee Benefits Security Administration, Department of Labor.
                    <PRTPAGE P="7529"/>
                </P>
                <P>
                    <E T="03">Title:</E>
                     Loans to Plan Participants and Beneficiaries Who Are Parties in Interest with Respect to the Plan Regulation.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection of information.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1210-0076.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector, Businesses or other for-profits, Not-for-profit institutions.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     2,606.
                </P>
                <P>
                    <E T="03">Responses:</E>
                     2,606.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     7,818.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost (Operating and Maintenance):</E>
                     $0.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Section 406(a)(1)(B) of ERISA prohibits the lending of money or other extensions of credit between a plan and a party in interest. A statutory exemption is provided in ERISA section 408(b)(1), which exempts plan loans made to participants and beneficiaries from the prohibited transaction provisions of sections 406(a), (b)(1), and (b)(2) of ERISA if the loans: (A) are made available to all participants and beneficiaries on a reasonably equivalent basis; (B) are not made available to highly compensated employees, officers, or shareholders in an amount greater than the amount made available to other employees; (C) are made in accordance with specific provisions regarding such loans set forth in the plan; (D) bear a reasonable rate of interest; and (E) are adequately secured.
                </P>
                <P>For purposes of this information collection, section 408(b)(1)(C) of ERISA requires plan loans to be made in accordance with specific provisions set forth in the plan document. The Department's regulation at 29 CFR 2550.408b-1(d) prescribes eight specific provisions that must be included in the plan documents, including: (1) an explicit authorization for the plan fiduciary responsible for investing plan assets to establish such a loan program; (2) the identity of the person or position authorized to administer the program; (3) a procedure for applying for loans; (4) the basis on which loans will be approved or denied; (5) limitations (if any) on the types and amounts of loans offered; (6) the procedure for determining a reasonable rate of interest; (7) types of collateral that may secure a participant loan; and (8) the events constituting default and the steps that will be taken to preserve plan assets in the event of such default.</P>
                <P>The Department has received approval from OMB for this ICR under OMB Control No. 1210-0076. The current approval is scheduled to expire on August 31, 2026.</P>
                <P>
                    <E T="03">Agency:</E>
                     Employee Benefits Security Administration, Department of Labor.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Prohibited Transaction Class Exemption 1985-68 to Permit Employee Benefit Plans to Invest in Customer Notes of Employers.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection of information.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1210-0094.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector, Businesses or other for-profits, Not-for-profit institutions.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     1.
                </P>
                <P>
                    <E T="03">Responses:</E>
                     1.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     1.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost (Operating and Maintenance):</E>
                     $0.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Prohibited Transaction Exemption 85-68 provides that the prohibitions of ERISA sections 406(a), 406(b)(1) and (2), and 407(a) and the taxes imposed by Code section 4975(a) and (b) by reason of Code section 4975(c)(1)(A) through (E) shall not apply to the acquisition of customer notes by a plan from an employer with respect to the plan, and holding of the customer notes by the plan, or the repurchase of those notes by the employer. For the purpose of this exemption, a customer note is a two-party instrument, executed along with a security agreement for tangible personal property, which is accepted in connection with, and in the normal course of, an employer's primary business activity as a seller of such property. The exemption does not apply to notes of an employer's affiliate.
                </P>
                <P>This exemption includes a recordkeeping provision, whereby plans are required to maintain all records, information, and data which relate to plan investments in customer notes covered by this exemption. The class exemption requires that those records be made unconditionally available to certain persons on request.</P>
                <P>The Department has received approval from OMB for this ICR under OMB Control No. 1210-0094. The current approval is scheduled to expire on August 31, 2026</P>
                <P>
                    <E T="03">Agency:</E>
                     Employee Benefits Security Administration, Department of Labor.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Summary Plan Description Requirements Under the Employee Retirement Income Security Act of 1974, as Amended.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection of information.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1210-0039.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector, Businesses or other for-profits, Not-for-profit institutions.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     3,214,973.
                </P>
                <P>
                    <E T="03">Responses:</E>
                     117,968,000.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     1,397,000.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost (Operating and Maintenance):</E>
                     $88,872,000.
                </P>
                <P>
                    <E T="03">Description:</E>
                     The Department has promulgated regulations governing the content, style, and format, and furnishing of Summary Plan Descriptions (SPDs), Summary of Material Modifications (SMMs), and Summary of Material Reductions (SMRs) at 29 CFR 102-2 (Style and Format of Summary Plan Descriptions); 29 CFR 2520.102-3 (Contents of Summary Plan Descriptions); 29 CFR 2520.102-4 (Option for Different Summary Plan Descriptions); 29 CFR 2520.2520.104b-1 (Disclosure); 29 CFR 2520.104b-2 (Summary Plan Descriptions); 29 CFR 104b-3 (Summary of Material Modifications to the Plan and Changes in the Information Required to be Included in the Summary Plan Description); and 29 CFR 104(b)-(4) (Alternative Methods of Compliance for Furnishing the Summary Plan Description and Summaries of Material Modifications of a Pension Plan to a Retired Participant, a Separated Participant, and a Beneficiary Receiving Benefits).
                </P>
                <P>These regulations set standards for the content, style, and format of these disclosure documents, the methods of furnishing that will satisfy the statutory disclosure requirements, and alternative methods of compliance.</P>
                <P>The Department has received approval from OMB for this ICR under OMB Control No. 1210-0039. The current approval is scheduled to expire on September 30, 2026.</P>
                <P>
                    <E T="03">Agency:</E>
                     Employee Benefits Security Administration, Department of Labor.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Disclosures for Participant Directed Individual Account Plans.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection of information.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1210-0090.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector, Businesses or other for-profits.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     619,650.
                </P>
                <P>
                    <E T="03">Responses:</E>
                     1,039,819,787.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     5,204,349.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost (Operating and Maintenance):</E>
                     $221,557,106.
                </P>
                <P>
                    <E T="03">Description:</E>
                     The Department published a final regulation under ERISA section 404(a), with conforming amendments to the regulations under ERISA section 404(c), that requires plan fiduciaries to disclose plan- and investment-related fee and expense information to participants and beneficiaries in all participant directed individual account plans (
                    <E T="03">e.g.,</E>
                     401(k)-type plans) for plan years that began on 
                    <PRTPAGE P="7530"/>
                    or after November 1, 2011, and at least annually thereafter (defined by regulation as at least once in any 14-month period, without regard to whether the plan operates on a calendar or fiscal year basis).
                </P>
                <P>
                    The final rule, 29 CFR 2550.404a-5(c), requires three sub-categories of plan-related information to be provided to participants and beneficiaries. The first sub-category is general plan information, which includes how participants may give investment instructions or exercise proxy voting or tendering rights, restrictions on transferring account assets among investment alternatives, and identification of the plan's designated investment alternatives and designated investment managers (29 CFR 2550.404a-5(c)(1)). The second sub-category of plan-related information is administrative expense information, which refers to explanations of any fees and expenses for general plan administrative services (
                    <E T="03">e.g.,</E>
                     legal, accounting, recordkeeping) charged to individual accounts and the basis for allocating such charges among the accounts (
                    <E T="03">e.g.,</E>
                     pro-rata, per capita). (29 CFR 2550.404a-5(c)(2)). The third sub-category of plan-related information is individual expense information, which describes expenses assessed against accounts based on the actions taken by individual participants or beneficiaries. This would include charges for processing participant loans and qualified domestic relations orders. (29 CFR 2550.404a-5(c)(3)). Changes to this information must be disclosed at least 30 days but no more than 90 days before the effective date of the change except for unforeseen events or circumstances beyond the plan administrator's control.
                </P>
                <P>The rule also requires plan administrators to disclose three sub-categories of investment-related information to participants and beneficiaries on or before their date of eligibility, which relates to the plans designated investment alternatives. The first sub-category of information is information required to be provided automatically (29 CFR 2550.404a-5(d)(1)). For each designated investment alternative, the plan must disclose specified identifying information, past performance data, comparable benchmark returns, fee and expense information, and an internet website address that is sufficiently specific to lead participants and beneficiaries to specified supplemental information for each investment alternative. Investment-related information must be furnished in a chart or similar format designed to help participants compare the plan's investment alternatives across each category of information. (29 CFR 2550.404a-5(d)(2)). To facilitate compliance, the rule includes a model chart that may be used by plan fiduciaries to satisfy this requirement. The second sub-category of investment-related information is post-investment information. Following a participant's investment in an alternative, the plan administrator must provide any materials it receives regarding voting, tender or similar rights in the alternative (“pass-through materials”) to the extent such rights are passed through to the participant or beneficiary (29 CFR 2550.404a-5(d)(3)). The third sub-category of investment-related information is information to be provided upon request (29 CFR 2550.404a-5(d)(4)). Participants may request the plan to provide prospectuses, financial reports, as well as statements of valuation and a list of assets held by an investment alternative.</P>
                <P>The Department has received approval from OMB for this ICR under OMB Control No. 1210-0090. The current approval is scheduled to expire on September 30, 2026.</P>
                <P>
                    <E T="03">Agency:</E>
                     Employee Benefits Security Administration, Department of Labor.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Consent to Receive Employee Benefit Plan Disclosures Electronically.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection of information.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1210-0121.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector, Businesses or other for-profits.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     760,585.
                </P>
                <P>
                    <E T="03">Responses:</E>
                     55,055,864.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     982,079.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost (Operating and Maintenance):</E>
                     $3,101,381.
                </P>
                <P>
                    <E T="03">Description:</E>
                </P>
                <P>The Department's 2002 regulatory safe harbor at 29 CFR 2520.104b-1(c) describes the circumstances under which the administrator of an employee benefit plan may furnish required disclosure documents through electronic media. The information collection contains a disclosure requirement and a requirement that participants affirmatively consent to electronic disclosure or confirm consent electronically. The consent serves to demonstrate to the plan administrator that an individual has the ability to access information in the electronic form that will be used for disclosure purposes. Such confirmation will ensure the compatibility of the hardware and software between the individual and the plan, and will also serve to demonstrate that the administrator has taken appropriate and necessary measures reasonably calculated to ensure that the system for furnishing documents results in actual receipt, as required under ERISA. Lastly, where applicable, the consent provides a means for the individual to provide the plan with the correct email address to facilitate the efficiencies that may arise from the use of electronic technologies where appropriate.</P>
                <P>In 2020, the Department issued a final rule providing a safe harbor (Notice-and-Access Safe Harbor) for plan administrators who wish to satisfy ERISA's delivery requirements for retirement plan documents by posting them on a website and notifying workers of the online availability of such documents (29 CFR 2520.104b-31). Retirement plan administrators may satisfy their obligation to furnish ERISA-required disclosures by making the information accessible online and furnishing a notice of internet availability of these disclosures to covered individuals. The notice of internet availability must be sent to the electronic address of the participant, for example to the participant's email address and include, among other things, a brief description of the document being posted online, a website address where the document is posted, and instructions for requesting a free paper copy or electing paper delivery in the future. It must be sent each time a retirement plan disclosure is posted to the internet website. To prevent “email overload,” the 2020 final rule allows a notice of internet availability to incorporate or combine other notices of internet availability in limited circumstances.</P>
                <P>The Department has received approval from OMB for this ICR under OMB Control No. 1210-0121. The current approval is scheduled to expire on September 30, 2026.</P>
                <P>
                    <E T="03">Agency:</E>
                     Employee Benefits Security Administration, Department of Labor.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Defined Benefit Plan Annual Funding Notice.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection of information.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1210-0126.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector, Businesses or other for-profits, Not-for-profit institutions.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     32,209.
                </P>
                <P>
                    <E T="03">Responses:</E>
                     58,201,069.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     166,067.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost (Operating and Maintenance):</E>
                     $5,758,314.
                </P>
                <P>
                    <E T="03">Description:</E>
                </P>
                <P>
                    In 2012, Congress enacted the Moving Ahead for Progress in the 21st Century 
                    <PRTPAGE P="7531"/>
                    Act (MAP-21). The law provides funding interest rate stabilization for single employer defined benefit (DB) plans, effective for plan years beginning on and after January 1, 2012. MAP-21 set a floor (or ceiling) for the interest rates that single employer defined benefit plan administrators generally are required to use to calculate contributions. Under the rules, the generally required interest rates are limited to rates that are within a specified range, or corridor, above or below a 25-year average for the rates.
                </P>
                <P>The Multiemployer Pension Reform Act of 2014 (MPRA), Public Law 113-235 (2014), added new disclosure requirements to section 101(f)(2)(B) of ERISA relating to the new multiemployer funding classification of “critical and declining status.” A plan is in critical and declining status if it is in critical status and is projected to become insolvent with 15 years (or within 20 years if a special rule applies). MPRA requires the annual funding notice of critical and declining status plans to include the projected date of insolvency; a clear statement that such insolvency may result in benefit reductions; and a statement describing whether the plan sponsor has taken legally permitted actions to prevent insolvency. These requirements were added to the final regulation and the multiemployer plan model notice to reflect the MPRA amendments to ERISA section 101(f) and are included in the hour burden to complete that notice.</P>
                <P>MPRA requires the annual funding notice of critical and declining status plans to include the projected date of insolvency; a clear statement that such insolvency may result in benefit reductions; and a statement describing whether the plan sponsor has taken legally permitted actions to prevent insolvency. These requirements were added to the final regulation and the multiemployer plan model notice to reflect the MPRA amendments to ERISA section 101(f).</P>
                <P>On February 2, 2015, the Department published final rules implementing ERISA section 101(f). As required by statute, the final rule requires the plan administrator of a defined benefit pension plan that is subject to the Pension Benefit Guaranty Corporation's Insurance Program to furnish a funding notice annually to participants, beneficiaries, labor organizations representing such participants or beneficiaries, employers obligated to make contributions to a multiemployer plan, and the Pension Benefit Guaranty Corporation (PBGC). Large plans must furnish the notice by the 120th day following the end of the plan year to which the notice relates. A small plan may furnish a funding notice on or before the due date, with extensions, of the plan's Form 5500 Annual Return/Report filed with the Department.</P>
                <P>The Department has received approval from OMB for this ICR under OMB Control No. 1210-0126. The current approval is scheduled to expire on September 30, 2026.</P>
                <P>
                    <E T="03">Agency:</E>
                     Employee Benefits Security Administration, Department of Labor.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Default Investment Alternatives under Participant Directed Individual Account Plans.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection of information.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1210-0132.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector, Businesses or other for-profits, Not-for-profit institutions.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     384,183.
                </P>
                <P>
                    <E T="03">Responses:</E>
                     49,546,060.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     87,978.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost (Operating and Maintenance):</E>
                     $2,183,990.
                </P>
                <P>
                    <E T="03">Description:</E>
                </P>
                <P>The Department of Labor finalized a regulation under ERISA section 404(c)(5)(A). The regulation offers guidance on the types of investment vehicles that plans may choose as their “qualified default investment alternative” (QDIA) and receive fiduciary relief. The regulation also outlines two types of information collections. First, it implements the statutory requirement that plans provide annual notices to participants and beneficiaries whose account assets could be invested in a QDIA. Second, the regulation requires plans to disclose certain information regarding a QDIA to those participants and beneficiaries with assets invested in the QDIA as well to provide certain information on request. These two information collections are necessary to inform participants and beneficiaries, who do not make investment elections, of the consequences of their failure to elect investments, the ways in which their account assets will be invested through the QDIA, and of their continuing opportunity to make other investment elections, including options available under the plan.</P>
                <P>The Department has received approval from OMB for this ICR under OMB Control No. 1210-0132. The current approval is scheduled to expire on September 30, 2026.</P>
                <P>
                    <E T="03">Agency:</E>
                     Employee Benefits Security Administration, Department of Labor.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Notice to Employees of Coverage Options Under Fair Labor Standards Act Section 18B.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection of information.
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1210-0149.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private sector, Farm, Businesses or other for-profits, Not-for-profit institutions. State, Local, and Tribal Governments.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     10,909,076.
                </P>
                <P>
                    <E T="03">Responses:</E>
                     31,595,244.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     263,294.
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost (Operating and Maintenance):</E>
                     $5,480,827.
                </P>
                <P>
                    <E T="03">Description:</E>
                </P>
                <P>
                    Since January 1, 2014, individuals and employees of small businesses have had access to affordable coverage through a competitive private health insurance market—Health Insurance Marketplace. The Marketplace offers “one-stop shopping” to find and compare private health insurance options. Section 1512 of the Affordable Care Act created a new Fair Labor Standards Act (FLSA) section 18B [29 U.S.C. 218b] requiring a notice to employees of coverage options available through the Marketplace.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The Secretary of Labor has delegated responsibility for FLSA section 18B rulemaking to the Employee Benefits Security Administration (EBSA), within the Department of Labor. See Q2 in ACA Implementation FAQ Part V, available at: 
                        <E T="03">http://www.dol.gov/ebsa/faqs/faq-aca5.html.</E>
                    </P>
                </FTNT>
                <P>
                    Section 18B of the FLSA, as added by section 1512 of the Affordable Care Act, generally provides that, in accordance with regulations promulgated by the Secretary of Labor, an applicable employer must provide each employee at the time of hiring a written notice: (1) Informing the employee of the existence of the Marketplace (referred to in the statute as the Exchange) including a description of the services provided by the Marketplace, and the manner in which the employee may contact the Marketplace to request assistance; (2) If the employer plan's share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs, then the employee may be eligible for a premium tax credit under section 36B of the Internal Revenue Code (the Code) if the employee purchases a qualified health plan through the Marketplace; and (3) If the employee purchases a qualified health plan through the Marketplace, the employee may lose the employer contribution (if any) to any health benefits plan offered by the employer and that all or a portion of such contribution may be excludable from 
                    <PRTPAGE P="7532"/>
                    income for Federal income tax purposes.
                </P>
                <P>The Department has received approval from OMB for this ICR under OMB Control No. 1210-0149. The current approval is scheduled to expire on September 30, 2026.</P>
                <HD SOURCE="HD1">II. Focus of Comments</HD>
                <P>The Department is particularly interested in comments that:</P>
                <P>• Evaluate whether the collections of information are necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>• Evaluate the accuracy of the agency's estimate of the collections of information, including the validity of the methodology and assumptions used;</P>
                <P>• Enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    • 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>
                     by permitting electronic submissions of responses.
                </P>
                <P>Comments submitted in response to this notice will be summarized and/or included in the ICR for OMB approval of the information collection; they will also become a matter of public record.</P>
                <EXTRACT>
                    <FP>(Authority: 44 U.S.C. 3507(a)(1)(D))</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Signed at Washington, DC, this 10th day of February 2026.</DATED>
                    <NAME>Daniel Aronowitz,</NAME>
                    <TITLE>Assistant Secretary, Employee Benefits Security Administration, U.S. Department of Labor.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03145 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4510-29-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
                <SUBJECT>Agency Information Collection Activities; Submission for OMB Review; Comment Request; Cadmium in Construction Standard</SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Labor (DOL) is submitting this Occupational Safety &amp; Health Administration (OSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The OMB will consider all written comments that the agency receives on or before March 20, 2026.</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>
                        Nicole Bouchet by telephone at 202-693-0213, or by email at 
                        <E T="03">DOL_PRA_PUBLIC@dol.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The standard requires employers to monitor worker exposure to cadmium, to provide medical surveillance to workers, and to establish and maintain accurate worker and exposure records. These records are used by employers, workers, physicians, and the Government to ensure that workers are not being harmed by exposure to Cadmium. For additional substantive information about this ICR, see the related notice published in the 
                    <E T="04">Federal Register</E>
                     on April 14, 2025 (90 FR 15590).
                </P>
                <P>
                    <E T="03">Comments are invited on:</E>
                     (1) whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the agency's estimates 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>
                <P>
                    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. 
                    <E T="03">See</E>
                     5 CFR 1320.5(a) and 1320.6.
                </P>
                <P>DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review.</P>
                <P>
                    <E T="03">Agency:</E>
                     DOL-OSHA.
                </P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Cadmium in Construction Standard.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1218-0186.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private Sector—Businesses or other for-profits.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Respondents:</E>
                     10,000.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Responses:</E>
                     335,082.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Time Burden:</E>
                     50,444 hours.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Other Costs Burden:</E>
                     $2,082,199.
                </P>
                <EXTRACT>
                    <FP>(Authority: 44 U.S.C. 3507(a)(1)(D))</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Nicole Bouchet,</NAME>
                    <TITLE>Senior Paperwork Reduction Act Analyst.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03142 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4510-26-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
                <SUBAGY>Occupational Safety and Health Administration</SUBAGY>
                <DEPDOC>[Docket No. OSHA-2009-0025]</DEPDOC>
                <SUBJECT>UL LLC: Application for Expansion of Recognition</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Occupational Safety and Health Administration (OSHA), Labor.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In this notice, OSHA announces the application of UL LLC, for expansion of the scope of recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the agency's preliminary finding to grant the application.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments, information, and documents in response to this notice, or requests for an extension of time to make a submission, on or before March 5, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Comments may be submitted as follows:</P>
                    <P>
                        <E T="03">Electronically:</E>
                         You may submit comments, including attachments, electronically at 
                        <E T="03">http://www.regulations.gov,</E>
                         the Federal eRulemaking Portal. Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions must include the agency's name and the docket number for this rulemaking (Docket No. OSHA-2009-0025). All comments, including any personal information you provide, are placed in the public docket without change and may be made available online at 
                        <E T="03">https://www.regulations.gov.</E>
                         Therefore, OSHA cautions commenters about submitting 
                        <PRTPAGE P="7533"/>
                        information they do not want made available to the public, or submitting materials that contain personal information (either about themselves or others), such as Social Security numbers and birthdates.
                    </P>
                    <P>
                        <E T="03">Submission of comments:</E>
                         You may submit comments and attachments, identified by Docket No. OSHA-2009-0025, electronically at 
                        <E T="03">www.regulations.gov,</E>
                         which is the Federal e-Rulemaking Portal. Follow the online instructions for making electronic submissions. The Federal e-Rulemaking Portal at 
                        <E T="03">www.regulations.gov</E>
                         is the only way to submit comments on this Notice.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         To read or download comments or other material in the docket, go to 
                        <E T="03">http://www.regulations.gov.</E>
                         Documents in the docket (including this 
                        <E T="04">Federal Register</E>
                         notice) are listed in the 
                        <E T="03">http://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 website. 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">Extension of comment period:</E>
                         Submit requests for an extension of the comment period on or before March 5, 2026 to the Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-1644.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Information regarding this notice is available from the following sources:</P>
                    <P>
                        <E T="03">Press inquiries:</E>
                         Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, telephone: (202) 693-1999; email: 
                        <E T="03">meilinger.francis2@dol.gov.</E>
                    </P>
                    <P>
                        <E T="03">General and technical information:</E>
                         Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, phone: (202) 693-1911 or email: 
                        <E T="03">robinson.kevin@dol.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Notice of the Application for Expansion</HD>
                <P>OSHA is providing notice that UL LLC (UL), is applying for an expansion of current recognition as a NRTL. UL requests the addition of one test site to the NRTL scope of recognition.</P>
                <P>OSHA recognition of a NRTL signifies that the organization meets the requirements specified in 29 CFR 1910.7. Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within the scope of recognition. Each NRTL's scope of recognition includes (1) the type of products the NRTL may test, with each type specified by the applicable test standard and (2) the recognized site(s) that has/have the technical capability to perform the product-testing and product-certification activities for test standards within the NRTL's scope. Recognition is not a delegation or grant of government authority; however, recognition enables employers to use products approved by the NRTL to meet OSHA standards that require product testing and certification.</P>
                <P>
                    The agency processes applications by a NRTL for initial recognition, as well as for an expansion or renewal of recognition, following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the agency publish two notices in the 
                    <E T="04">Federal Register</E>
                     in processing an application. In the first notice, OSHA announces the application and provides the preliminary finding. In the second notice, the agency provides the final decision on the application. These notices set forth the NRTL's scope of recognition or modifications of that scope. OSHA maintains an informational web page for each NRTL, including UL, which details that NRTL's scope of recognition. These pages are available from the OSHA website at 
                    <E T="03">http://www.osha.gov/dts/otpca/nrtl/index.html.</E>
                </P>
                <P>
                    UL currently has fifty-seven facilities (site) recognized by OSHA for product testing and certification, with the headquarters located at: UL LLC, 333 Pfingsten Road, Northbrook, Illinois 60062. A complete list of UL sites recognized by OSHA is available at 
                    <E T="03">https://www.osha.gov/dts/otpca/nrtl/ul.html.</E>
                </P>
                <HD SOURCE="HD1">II. General Background on the Application</HD>
                <P>UL submitted an application, dated October 6, 2023 (OSHA-2009-0025-0077), to expand recognition as a NRTL to include one additional test site located at: 4322 New Energy Way, Auburn Hills, Michigan 48326. OSHA staff performed a review of UL's testing facilities at UL Auburn Hills on February 24-25, 2025, in which assessors found some nonconformances with the requirements of 29 CFR 1910.7. UL has addressed these issues sufficiently, and OSHA staff has preliminarily determined that OSHA should grant the application.</P>
                <HD SOURCE="HD1">III. Preliminary Finding on the Application</HD>
                <P>UL submitted an acceptable application for expansion of its scope of recognition. OSHA's review of the application file and pertinent documentation preliminarily indicates that UL can meet the requirements prescribed by 29 CFR 1910.7 for expanding its recognition to include one additional test site. This preliminary finding does not constitute an interim or temporary approval of UL's application.</P>
                <P>OSHA seeks public comment on this preliminary determination.</P>
                <HD SOURCE="HD1">IV. Public Participation</HD>
                <P>OSHA welcomes public comment as to whether UL meets the requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL. Comments should consist of pertinent written documents and exhibits.</P>
                <P>Commenters needing more time to comment must submit a request in writing, stating the reasons for the request by the due date for comments. OSHA will limit any extension to 10 days unless the requester justifies a longer time period. OSHA may deny a request for an extension if it is not adequately justified.</P>
                <P>
                    To review copies of the exhibit identified in this notice, as well as comments submitted to the docket, contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor. These materials also are generally available online at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. OSHA-2009-0025 (for further information, see the “
                    <E T="03">Docket</E>
                    ” heading in the section of this notice titled 
                    <E T="02">ADDRESSES</E>
                    ).
                </P>
                <P>OSHA staff will review all comments to the docket submitted in a timely manner. After addressing the issues raised by these comments, staff will make a recommendation to the Assistant Secretary of Labor for Occupational Safety and Health on whether to grant UL's application for expansion of the scope of recognition. The Assistant Secretary will make the final decision on granting the application. In making this decision, the Assistant Secretary may undertake other proceedings prescribed in Appendix A to 29 CFR 1910.7.</P>
                <P>
                    OSHA will publish a public notice of the final decision in the 
                    <E T="04">Federal Register</E>
                    .
                    <PRTPAGE P="7534"/>
                </P>
                <HD SOURCE="HD1">IV. Authority and Signature</HD>
                <P>Amanda Laihow, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this notice. Accordingly, the agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor's Order No. 7-2025 (90 FR 27878, June 30, 2025), and 29 CFR 1910.7.</P>
                <SIG>
                    <DATED>Signed at Washington, DC, on February 12, 2026.</DATED>
                    <NAME>Amanda Laihow,</NAME>
                    <TITLE>Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03141 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4510-26-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
                <SUBAGY>Occupational Safety and Health Administration</SUBAGY>
                <DEPDOC>[Docket No. OSHA-2013-0016]</DEPDOC>
                <SUBJECT>Nemko North America, Inc.: Grant of Expansion of Recognition</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Occupational Safety and Health Administration (OSHA), Labor.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In this notice, OSHA announces the final decision to expand the scope of recognition for Nemko North America, Inc. as a Nationally Recognized Testing Laboratory (NRTL).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The expansion of the scope of recognition becomes effective on February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Information regarding this notice is available from the following sources:</P>
                    <P>
                        <E T="03">Press inquiries:</E>
                         Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor; telephone: (202) 693-1999; email: 
                        <E T="03">meilinger.francis2@dol.gov.</E>
                    </P>
                    <P>
                        <E T="03">General and technical information:</E>
                         Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor; telephone: (202) 693-1911; email: 
                        <E T="03">robinson.kevin@dol.gov.</E>
                         OSHA's web page includes information about the NRTL Program (see 
                        <E T="03">http://www.osha.gov/dts/otpca/nrtl/index.html</E>
                        ).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Notice of Final Decision</HD>
                <P>OSHA hereby gives notice of the expansion of the scope of recognition for Nemko North America, Inc. (NNA). NNA's expansion covers the addition of three test standards to the NRTL scope of recognition.</P>
                <P>OSHA recognition of a NRTL signifies that the organization meets the requirements specified in 29 CFR 1910.7. Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition. Each NRTL's scope of recognition includes (1) the type of products the NRTL may test, with each type specified by its applicable test standard; and (2) the recognized site(s) that has/have the technical capability to perform the product-testing and product-certification activities for test standards within the NRTL's scope. Recognition is not a delegation or grant of government authority; however, recognition enables employers to use products approved by the NRTL to meet OSHA standards that require product testing and certification.</P>
                <P>
                    The agency processes an application by a NRTL for initial recognition and for an expansion or renewal of this recognition, following requirements in Appendix A, 29 CFR 1910.7. This appendix requires that the agency publish two notices in the 
                    <E T="04">Federal Register</E>
                     in processing an application. In the first notice, OSHA announces the application and provides its preliminary finding. In the second notice, the agency provides the final decision on the application. These notices set forth the NRTL's scope of recognition or modifications of that scope. OSHA maintains an informational web page for each NRTL, including NNA, which details the NRTL's scope of recognition. These pages are available from the OSHA website at: 
                    <E T="03">https://www.osha.gov/nationally-recognized-testing-laboratory-program.</E>
                </P>
                <P>NNA submitted an application to OSHA for expansion of the NRTL scope of recognition on July 30, 2024 (OSHA-2013-0016-0033), requesting the expansion of the NRTL scope of recognition to include three additional test standards. OSHA did not perform any on-site reviews with respect to this application.</P>
                <P>
                    OSHA published the preliminary notice announcing NNA's expansion application in the 
                    <E T="04">Federal Register</E>
                     on December 31, 2025 (90 FR 61415). The agency requested comments by January 15, 2026, however no comments were received in response to this notice.
                </P>
                <P>
                    To review copies of all public documents pertaining to NNA's application, go to 
                    <E T="03">http://www.regulations.gov</E>
                     or contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor at (202) 693-2350. Docket No. OSHA-2013-0016 contains all materials in the record concerning NNA's recognition. All submissions, including copyrighted material, are available for inspection through the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-2350 for assistance in locating docket submissions.
                </P>
                <HD SOURCE="HD1">II. Final Decision and Order</HD>
                <P>OSHA staff examined NNA's expansion application and examined other pertinent information. Based on its review of this evidence, OSHA finds that NNA meets the requirements of 29 CFR 1910.7 for expansion of its recognition, subject to the limitations and conditions listed in this notice. OSHA, therefore, is proceeding with this final notice to grant NNA's expanded scope of recognition. OSHA limits the expansion of NNA's recognition to include the testing and certification of products for demonstration of conformance to the test standards shown below in Table 1.</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s50,r50">
                    <TTITLE>Table 1—List of Appropriate Test Standards for Inclusion in NNA's NRTL Scope of Recognition</TTITLE>
                    <BOXHD>
                        <CHED H="1">Test standard</CHED>
                        <CHED H="1">Test standard title</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">UL 1310</ENT>
                        <ENT>Class 2 Power Units.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">UL 1778</ENT>
                        <ENT>Uninterruptible Power Supply Equipment.*</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">UL 60730-1</ENT>
                        <ENT>Automatic Electrical Controls—Part 1: General Requirements.</ENT>
                    </ROW>
                    <TNOTE>
                        * OSHA notes that the title to this standard in the table is taken from OSHA's List of Appropriate Test Standards (see 
                        <E T="03">https://www.osha.gov/nationally-recognized-testing-laboratory-program/list-standards</E>
                        ). This title is not the same as the title currently used by the Standards Developing Organization that issued the test standard. OSHA intends to update the List of Appropriate Test Standards to reflect the currently used title in the near future.
                    </TNOTE>
                </GPOTABLE>
                <P>OSHA's recognition of any NRTL for a particular test standard is limited to equipment or materials for which OSHA standards require third-party testing and certification before using them in the workplace. Consequently, if a test standard also covers any products for which OSHA does not require such testing and certification, a NRTL's scope of recognition does not include these products.</P>
                <P>
                    The American National Standards Institute (ANSI) may approve the test standards listed above as American National Standards. However, for convenience, OSHA may use the designation of the standards-developing organization for the standard as opposed 
                    <PRTPAGE P="7535"/>
                    to the ANSI designation. Under the NRTL Program's policy (see OSHA Instruction CPL 01-00-004, Chapter 2, Section VIII), any NRTL recognized for a particular test standard may use either the proprietary version of the test standard or the ANSI version of that standard. Contact ANSI to determine whether a test standard is currently ANSI-approved.
                </P>
                <HD SOURCE="HD2">A. Conditions</HD>
                <P>Recognition is contingent on continued compliance with 29 CFR 1910.7, including but not limited to, abiding by the following conditions of recognition:</P>
                <P>1. NNA must inform OSHA as soon as possible, in writing, of any change of ownership, facilities, or key personnel, and of any major change in its operations as a NRTL, and provide details of the change(s);</P>
                <P>2. NNA must meet all the terms of its recognition and comply with all OSHA policies pertaining to this recognition; and</P>
                <P>3. NNA must continue to meet the requirements for recognition, including all previously published conditions on NNA's scope of recognition, in all areas for which it has recognition.</P>
                <P>Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the scope of recognition of NNA as a NRTL, subject to the limitations and conditions specified above.</P>
                <HD SOURCE="HD1">III. Authority and Signature</HD>
                <P>Amanda Laihow, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210, authorized the preparation of this notice. Accordingly, the agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor's Order No. 7-2025 (90 FR 27878; June 30, 2025), and 29 CFR 1910.7.</P>
                <SIG>
                    <DATED>Signed at Washington, DC, on February 12, 2026.</DATED>
                    <NAME>Amanda Laihow,</NAME>
                    <TITLE>Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03143 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4510-26-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</AGENCY>
                <DEPDOC>[NASA Document Number: 26-011]</DEPDOC>
                <SUBJECT>Categorical Exclusion Adoption Public Notice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Aeronautics and Space Administration (NASA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of adoption of categorical exclusions.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with Section 109 of the National Environmental Policy Act (NEPA), NASA is adopting one or more categorical exclusions (CATEXs) established by the Federal Rail Administration (FRA), Department of Energy (DOE), National Telecommunications and Information Administration (NTIA), U.S. Coast Guard (USCG), U.S. Forest Service (USFS), Department of the Army (DA), Department of the Air Force (DAF), Department of the Navy, Missile Defense Agency (MDA), Defense Threat Reduction Agency (DTRA) and Federal Bureau of Investigation (FBI). These CATEXs cover actions of the same nature and scope as those originally reviewed by the originating agency or agencies. NASA has determined that applying them to similar NASA activities is appropriate and consistent with NEPA. This notice describes the categories of proposed actions for which NASA intends to use the CATEXs and describes the consultation between the agencies.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The categorical exclusion adoption is effective February 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Nick Murdock, NASA Headquarters, Environmental Management Division, National Aeronautics and Space Administration (NASA), by phone at 321-338-6816 or by email at 
                        <E T="03">nicholas.a.murdock@nasa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <HD SOURCE="HD2">NEPA and CATEXs</HD>
                <P>NEPA, 42 U.S.C. 4321-4347, as amended, requires all Federal agencies to assess the environmental impact of their actions. Congress enacted NEPA to encourage productive and enjoyable harmony between humans and the environment, recognizing the profound impact of human activity and the importance of restoring and maintaining environmental quality to the overall welfare of humankind. NEPA's twin aims are to ensure agencies consider the environmental effects of their proposed actions in decision-making processes and to inform and involve the public in those processes.</P>
                <P>In accordance with NEPA, agencies determine the appropriate level of environmental review—an environmental impact statement (EIS), environmental assessment (EA), or categorical exclusion (CATEX). If a proposed action is likely to have reasonably foreseeable significant effects, the agency must prepare an EIS and document its decision in a record of decision. If the proposed action is not likely to have reasonably foreseeable significant environmental effects or if the effects are unknown, the agency may prepare an EA, which involves a more concise analysis and process than an EIS. Following the EA, if the action will have no significant effects, the agency issues a finding of no significant impact. However, if the EA shows likely significant effects that cannot be mitigated, an EIS is required.</P>
                <P>Under NEPA, a federal agency may also establish CATEXs—categories of actions that normally do not have significant effects on the quality of the human environment—in their agency NEPA procedures. If a proposed action falls within a CATEX, the agency evaluates whether any extraordinary circumstances exist that indicate a normally excluded agency action is likely to have a reasonably foreseeable significant adverse effect. If no such circumstances exist, the CATEX can be applied without further NEPA review. If extraordinary circumstances are present that cannot be mitigated, an EA or EIS may be required.</P>
                <P>Section 109 of NEPA allows a federal agency to adopt or use another agency's (“establishing agency”) CATEX for a category of proposed actions. To do so, the adopting agency must identify the relevant CATEX from the other agency's NEPA procedures that covers its proposed actions; consult with the establishing agency to ensure appropriateness of the adoption; notify the public of the CATEX adoption; and document the adoption.</P>
                <P>
                    This notice documents and notifies the public of NASA's adoption of 18 CATEXs established by other federal agencies to use in NASA's programs and funding opportunities. The adopted CATEXs include: B3.11, B4.12, B5.5, and B5.16 established by the DOE at Appendix B to Part 1021, Title 10 and in Appendix B of DOE's NEPA Implementing Procedures; 
                    <SU>1</SU>
                    <FTREF/>
                     L22 and L23 established by the USCG at Table 3-1 of the Environmental Planning Implementing Procedures; (c)(20) and (c)(21) established by the FRA at 23 CFR 771.116; USDA-40d-USFS established by the USFS; CATEX 13, CATEX 18 and CATEX 19 established by the MDA at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures; CATEX 21 established by the DTRA at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures; CATEX 8 and CATEX 12 established by the DAF at 
                    <PRTPAGE P="7536"/>
                    Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures; CATEX 23 established by the DON at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures; B-4 established by the NTIA at Guidance on NTIA National Environmental Policy Act Compliance; and (R5) established by the FBI at Appendix E to Part 61, Title 28.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Identification of the Categorical Exclusions</HD>
                <P>NASA has identified the following CATEXs for adoption:</P>
                <HD SOURCE="HD2">DOE Categorical Exclusions for Adoption</HD>
                <P>
                    NASA has identified B3.11 at Appendix B to Part 1021, Title 10 for adoption, “
                    <E T="03">Outdoor tests and experiments for the development, quality assurance, or reliability of materials and equipment (including, but not limited to, weapon system components) under controlled conditions. Covered actions include, but are not limited to, burn tests (such as tests of electric cable fire resistance or the combustion characteristics of fuels), impact tests (such as pneumatic ejector tests using earthen embankments or concrete slabs designated and routinely used for that purpose), or drop, puncture, water-immersion, or thermal tests. Covered actions would not involve source, special nuclear, or byproduct materials, except encapsulated sources manufactured to applicable standards that contain source, special nuclear, or byproduct materials may be used for nondestructive actions such as detector/sensor development and testing and first responder field training.”</E>
                     NASA intends to use the CATEX for vehicle and propellant drop tests, which are essential for validating landing systems of spacecraft and aircraft, cryogenic fuel behavior, microgravity research, impact modeling, and structural integrity.
                </P>
                <P>
                    NASA has identified B4.12 at Appendix B to Part 1021, Title 10 for adoption, “
                    <E T="03">Construction of electric powerlines approximately 10 miles in length or less, or approximately 20 miles in length or less within previously disturbed or developed powerline or pipeline rights-of-way.”</E>
                     NASA intends to use the CATEX for upcoming power projects at multi-user spaceports with continuously changing power needs that would include new transmission line infrastructure (electric lines, substations, transformers, etc.) to support launch activities and their associated infrastructure (manufacturing, administration, and processing facilities, etc.).
                </P>
                <P>
                    NASA has identified B5.5 at Appendix B to Part 1021, Title 10 for adoption, “
                    <E T="03">Construction and subsequent operation of short (generally less than 20 miles in length) pipeline segments conveying materials (such as air, brine, carbon dioxide, geothermal system fluids, hydrogen gas, natural gas, nitrogen gas, oil, produced water, steam, and water) between existing source facilities and existing receiving facilities (such as facilities for use, reuse, transportation, storage, and refining), provided that the pipeline segments are within previously disturbed or developed rights-of-way.”</E>
                     NASA intends to use the CATEX for the construction and maintenance of pipelines supporting launch operations, including gas lines conveying materials to launch complexes and processing facilities from gas farms and other source facilities. This CATEX would also be applicable to the construction, replacement, and maintenance of chilled and hot water lines. These activities would be conducted entirely within the existing operational right-of-way.
                </P>
                <P>
                    NASA has identified B5.16 at Appendix B to Part 1021, Title 10 for adoption, “
                    <E T="03">(a) The installation, modification, operation, or decommissioning of commercially available solar photovoltaic systems:(1) Located on a building or other structure (such as rooftop, parking lot or facility, or mounted to signage, lighting, gates, or fences); or (2) Located within a previously disturbed or developed area. (b) Covered actions would be in accordance with applicable requirements (such as land use and zoning requirements) in the proposed project area and the integral elements listed at the start of appendix B of this part, and would be consistent with applicable plans for the management of wildlife and habitat, including plans to maintain habitat connectivity, and incorporate appropriate control technologies and best management practices.”</E>
                     NASA intends to use the CATEX to expedite ongoing photovoltaic projects (
                    <E T="03">e.g.,</E>
                     Energy Savings Performance Contracts).
                </P>
                <HD SOURCE="HD2">USCG Categorical Exclusions for Adoption</HD>
                <P>
                    NASA has identified L22 at Table 3-1 of the Environmental Planning Implementing Procedures for adoption, “
                    <E T="03">Determination by the Coast Guard that Coast Guard controlled personal property, including vessels and aircraft, is “excess property”, as that term is defined in the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(e)), and any subsequent transfer of such property to another federal agency's administrative control or conveyance of the United States' title in such property to a non-federal entity.”</E>
                     NASA intends to use the CATEX for the transfer of aging aircraft and vessels upon their decommissioning and discontinued use.
                </P>
                <P>
                    NASA has identified L23 at Table 3-1 of the Environmental Planning Implementing Procedures for adoption, “
                    <E T="03">Decisions to decommission or temporarily discontinue use of equipment: *L23(a) Decisions to decommission or temporarily discontinue use of vessels and aircraft. This does not preclude the need to review decommissioning under Section 106 of the National Historic Preservation Act. L23(b) Decisions to decommission or temporarily discontinue use of equipment, not including vessels or aircraft. This does not preclude the need to review decommissioning under Section 106 of the National Historic Preservation Act.”</E>
                     NASA intends to use the CATEX for the decommissioning and discontinued use of aging aircraft and vessels. Because this CATEX has a higher possibility of involving extraordinary circumstances, NASA requires a REC to be prepared to document the consideration of those circumstances.
                </P>
                <HD SOURCE="HD2">FRA Categorical Exclusions for Adoption</HD>
                <P>
                    NASA has identified (c)(20) at 23 CFR 771.116 for adoption, “
                    <E T="03">Environmental restoration, remediation, pollution prevention, and mitigation activities conducted in conformance with applicable laws, regulations and permit requirements, including activities such as noise mitigation, landscaping, natural resource management activities, replacement or improvement to storm water oil/water separators, installation of pollution containment systems, slope stabilization, and contaminated soil removal or remediation activities.”</E>
                     NASA intends to use the CATEX for sites with ongoing remediation activities.
                </P>
                <P>
                    NASA has identified (c)(21) at 23 CFR 771.116 for adoption, “
                    <E T="03">Assembly or construction of facilities or stations that are consistent with existing land use and zoning requirements, do not result in a major change in traffic density on existing rail or highway facilities, and result in approximately less than ten acres of surface disturbance, such as storage and maintenance facilities, freight or passenger loading and unloading facilities or stations, parking facilities, passenger platforms, canopies, shelters, pedestrian overpasses or underpasses, paving, or landscaping.”</E>
                      
                    <PRTPAGE P="7537"/>
                    NASA intends to use the CATEX for future upgrades as part of master planning efforts such as wildlife corridors, culvert upgrades, and landscaping expansions.
                </P>
                <HD SOURCE="HD2">USFS Categorical Exclusion for Adoption</HD>
                <P>
                    NASA has identified USDA-40d-USFS adoption, “
                    <E T="03">Restoring wetlands, streams, riparian areas or other water bodies by removing, replacing, or modifying water control structures such as, but not limited to, dams, levees, dikes, ditches, culverts, pipes, drainage tiles, valves, gates, and fencing, to allow waters to flow into natural channels and floodplains and restore natural flow regimes to the extent practicable where valid existing rights or special use authorizations are not unilaterally altered or canceled. Examples include but are not limited to: (i) Repairing an existing water control structure that is no longer functioning properly with minimal dredging, excavation, or placement of fill, and does not involve releasing hazardous substances; (ii) Installing a newly-designed structure that replaces an existing culvert to improve aquatic organism passage and prevent resource and property damage where the road or trail maintenance level does not change; (iii) Removing a culvert and installing a bridge to improve aquatic and/or terrestrial organism passage or prevent resource or property damage where the road or trail maintenance level does not change; and (iv) Removing a small earthen and rock fill dam with a low hazard potential classification that is no longer needed..”</E>
                     NASA intends to use the CATEX for repairing, replacing, or modifying existing water control structures to restore natural flow regimes to the extent practicable.
                </P>
                <HD SOURCE="HD2">MDA Categorical Exclusions for Adoption</HD>
                <P>
                    NASA has identified CATEX 13 established by the MDA at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures for adoption, “
                    <E T="03">Acquisition, installation, modification, routine repair and replacement, and operation of utility (e.g., water, sewer, and electrical) and communication systems, mobile antennas, data processing cable and similar electronic equipment that use existing rights-of-way, easements, distribution systems, facilities, or previously disturbed land (REC required).”</E>
                     NASA intends to use the CATEX for the replacement of aging infrastructure, including updating and installing systems, electric grid upgrades, antenna replacements, and sewer line upgrades.
                </P>
                <P>
                    NASA has identified CATEX 18 established by the MDA at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures for adoption, 
                    <E T="03">“New construction or equipment installation or alterations (interior and exterior) to or construction of an addition to an existing structure that is similar to existing land use if the area to be disturbed has no more than 5.0 cumulative acres of new surface disturbance. The following conditions must be met a. The structure and proposed use are compatible with applicable Federal, tribal, state, and local planning and zoning standards. b. The site and scale of construction or improvement is consistent with those of existing, adjacent, or nearby buildings. c. The construction or improvement will not result in uses that exceed existing support infrastructure capacities (roads, sewer, water, parking, etc.).”</E>
                     NASA intends to use the CATEX for implementing master plans, including consolidation of separate use buildings into multi-function buildings.
                </P>
                <P>
                    NASA has identified CATEX 19 established by the MDA at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures for adoption, “
                    <E T="03">Demolition of non-historic buildings, structures, or other improvements and repairs that result in disposal of debris therefrom, or removal of a part thereof for disposal, in accordance with applicable regulations, including those regulations applying to removal of ACM, PCBs, LBP, and other special hazard items (REC required). (See TAB D)”</E>
                     NASA plans to utilize the CATEX for several long-term projects originally outlined in center-specific Master Plans. Many of these projects involve asbestos abatement, and adopting this CATEX will help streamline NEPA compliance for those efforts.
                </P>
                <HD SOURCE="HD2">Defense Threat Reduction Agency</HD>
                <P>
                    NASA has identified CATEX 21 established by the DTRA at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures for adoption, “
                    <E T="03">Routine installation and use of radars, telemetry systems, communications equipment, and other essentially similar facilities and equipment within a launch facility, mobile platform, military installation, training area, or previously disturbed area that conform to current American National Standards Institute/Institute of Electrical and Electronics Engineers (ANSI/IEEE) guidelines for maximum permissible exposure to electromagnetic fields.”</E>
                     NASA intends to use the CATEX for the installation of small radar systems for research purposes, including the local tracking of aircraft and unmanned aerial systems.
                </P>
                <HD SOURCE="HD2">DAF Categorical Exclusions for Adoption</HD>
                <P>
                    NASA has identified CATEX 8 established by the DAF at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures for adoption, “
                    <E T="03">Performing interior and exterior construction within the 5-foot line of a building without changing the land use of the existing building.”</E>
                     NASA intends to use the CATEX for the installation of tanks, generators, utility boxes, other ancillary and support systems, and equipment associated with existing buildings. 
                </P>
                <P>
                    NASA has identified CATEX 12 established by the DAF at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures for adoption, “
                    <E T="03">Installing, operating, modifying, and routinely repairing and replacing utility and communications systems, data processing cable, and similar electronic equipment that use existing rights of way, easements, distribution systems, or facilities.”</E>
                     NASA intends to use the CATEX for repair and replacement actions in developed, non-sensitive areas previously disturbed by utility installation.
                </P>
                <HD SOURCE="HD2">DON Categorical Exclusion for Adoption</HD>
                <P>
                    NASA has identified CATEX 23 established by the DON at Appendix A of the Department of Defense (DoD) NEPA Implementing Procedures for adoption, “
                    <E T="03">Hosting or participating in public events (e.g., air shows, open houses, Earth Day events, and athletic events) where no permanent changes to existing infrastructure (e.g., road systems, parking, and sanitation systems) are required to accommodate all aspects of the event.”</E>
                     NASA intends to use the CATEX for hosting or participating in public events, including launch-viewing and media events, astronaut presentations, operational demonstrations, and other events held at visitor centers.
                </P>
                <HD SOURCE="HD2">NTIA Categorical Exclusion for Adoption</HD>
                <P>
                    NASA has identified B-4 at Guidance on NTIA National Environmental Policy Act Compliance for adoption, “
                    <E T="03">
                        Abatement of hazardous materials from existing facilities, including asbestos and lead-based paint, conducted in compliance with all applicable laws, regulations, and requirements established for the 
                        <PRTPAGE P="7538"/>
                        protection of human health and the environment. Examples include containment, removal, and disposal of lead-based paint or asbestos tiles and asbestos-containing materials from existing facilities, and remediation of hazardous materials in accordance with all applicable laws, regulations, and requirements as part of facility and space management activities.”
                    </E>
                     NASA intends to use the CATEX for the abatement of hazardous materials from aging infrastructure in accordance with master planning efforts.
                </P>
                <HD SOURCE="HD2">FBI Categorical Exclusion for Adoption</HD>
                <P>
                    NASA has identified (R5) at Appendix E to Part 61, Title 28 for adoption, “
                    <E T="03">Renovation, addition, repair, alteration, and demolition projects affecting buildings, roads, airfields, grounds, equipment, and other facilities, including subsequent disposal of debris, which may be contaminated with hazardous materials such as PCBs, lead, or asbestos. Hazardous materials shall be disposed of at approved sites in accordance with Federal, State, and local regulations.”</E>
                     NASA intends to use the CATEX for the abatement of hazardous materials from aging infrastructure in accordance with master planning efforts.
                </P>
                <HD SOURCE="HD1">III. Consideration of Extraordinary Circumstances</HD>
                <P>
                    Circumstances may arise in which usually categorically excluded actions may have a significant environmental impact and, therefore, may generate a requirement for further environmental analysis (
                    <E T="03">i.e.,</E>
                     extraordinary circumstances). When applying these categorical exclusions, NASA will evaluate the proposed action for whether there are any extraordinary circumstances. If an extraordinary circumstance, or circumstances, exists, NASA will determine whether the proposed action has the potential to result in a reasonably foreseeable significant environmental impact before applying the adopted CATEX, or proceed with preparation of an EIS or EA as appropriate.
                </P>
                <HD SOURCE="HD2">DOE Extraordinary Circumstances</HD>
                <P>The DOE's list of extraordinary circumstances can be found at 10 CFR 1021.102(b)(2) and in DOE's NEPA Implementing Procedures Section 5.4(c)(3). For example, at 10 CFR 1021.102(b)(2), DOE's extraordinary circumstances are as follows:</P>
                <P>
                    “
                    <E T="03">Extraordinary circumstances are unique situations presented by specific proposals, including, but not limited to, scientific controversy about the environmental effects of the proposal; uncertain effects or effects involving unique or unknown risks; and unresolved conflicts concerning alternative uses of available resources.”</E>
                </P>
                <P>NASA also acknowledges the DOE's integral elements, found at Appendix B to Part 1021, Title 10, and in Appendix B to DOE's NEPA Implementing Procedures, and the requirement to evaluate, before use of any of the adopted DOE appendix B CATEXs, the conditions listed as integral elements. To fit within the CATEX, a proposal must be one that would not:</P>
                <P>
                    “
                    <E T="03">(1) Threaten a violation of applicable statutory, regulatory, or permit requirements for environment, safety, and health, or similar requirements of DOE or Executive Orders.</E>
                </P>
                <P>(2) Require siting and construction or major expansion of waste storage, disposal, recovery, or treatment facilities (including incinerators), but the proposal may include categorically excluded waste storage, disposal, recovery, or treatment actions or facilities.</P>
                <P>(3) Disturb hazardous substances, pollutants, contaminants, or CERCLA-excluded petroleum and natural gas products that preexist in the environment such that there would be uncontrolled or unpermitted releases.</P>
                <P>(4) Have the potential to cause significant impacts on environmentally sensitive resources. An environmentally sensitive resource is typically a resource that has been identified as needing protection through Executive Order, statute, or regulation by Federal, state, or local government, or a Federally recognized Indian tribe. An action may be categorically excluded if, although sensitive resources are present, the action would not have the potential to cause significant impacts on those resources (such as construction of a building with its foundation well above a sole-source aquifer or upland surface soil removal on a site that has wetlands). Environmentally sensitive resources include, but are not limited to:</P>
                <P>(i) Property (such as sites, buildings, structures, and objects) of historic, archeological, or architectural significance designated by a Federal, state, or local government, federally recognized Indian tribe, or Native Hawaiian organization, or property determined to be eligible for listing on the National Register of Historic Places.</P>
                <P>(ii) Federally-listed threatened or endangered species or their habitat (including critical habitat) or Federally-proposed or candidate species or their habitat (Endangered Species Act); state-listed or state-proposed endangered or threatened species or their habitat; Federally-protected marine mammals and Essential Fish Habitat (Marine Mammal Protection Act; Magnuson-Stevens Fishery Conservation and Management Act); and otherwise Federally-protected species (such as the Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act).</P>
                <P>(iii) Floodplains and wetlands (as defined in 10 CFR 1022.4, “Compliance with Floodplain and Wetland Environmental Review Requirements: Definitions,” or its successor).</P>
                <P>(iv) Areas having a special designation such as Federally- and state-designated wilderness areas, national parks, national monuments, national natural landmarks, wild and scenic rivers, state and Federal wildlife refuges, scenic areas (such as National Scenic and Historic Trails or National Scenic Areas), and marine sanctuaries.</P>
                <P>(v) Prime or unique farmland, or other farmland of statewide or local importance, as defined at 7 CFR 658.2(a), “Farmland Protection Policy Act: Definitions,” or its successor.</P>
                <P>(vi) Special sources of water (such as sole-source aquifers, wellhead protection areas, and other water sources that are vital in a region).</P>
                <P>(vii) Tundra, coral reefs, or rain forests.</P>
                <P>(5) Involve genetically engineered organisms, synthetic biology, governmentally designated noxious weeds, or invasive species, unless the proposed activity would be contained or confined in a manner designed and operated to prevent unauthorized release into the environment and conducted in accordance with applicable requirements, such as those of the Department of Agriculture, the Environmental Protection Agency, and the National Institutes of Health.”</P>
                <P>DOE defines the term “previously disturbed or developed” in Section 5.4(b) of DOE's NEPA implementing procedures and in 10 CFR 1021.102(g). NASA will review and apply this definition when using any of the adopted DOE CATEXs:</P>
                <P>
                    “
                    <E T="03">Previously disturbed or developed” refers to land that has been changed such that its functioning ecological processes have been and remain altered by human activity. The phrase encompasses areas that have been transformed from natural cover to non-native species or a managed state, including, but not limited to, utility and electric power transmission corridors and rights-of-way, and other areas where active utilities and currently used roads are readily available.</E>
                </P>
                <HD SOURCE="HD2">USCG Extraordinary Circumstances</HD>
                <P>
                    The USCG's list of extraordinary circumstances can be found at the 
                    <PRTPAGE P="7539"/>
                    Environmental Planning Implementing Procedures and are as follows:
                </P>
                <P>
                    “
                    <E T="03">a. A potentially significant effect on public health or safety.</E>
                </P>
                <P>b. A potentially significant effect on species or habitats protected by the ESA, MMPA, MBTA, or Magnuson-Stevens Act.</P>
                <P>c. A potentially significant effect on a district, site, highway, structure, or object that is listed in or eligible for listing in the National Register of Historic Places, affects a historic or cultural resource or traditional and sacred sites, or the loss or destruction of a significant scientific, cultural, or historical resource.</P>
                <P>d. A potentially significant effect on an environmentally sensitive area.</P>
                <P>e. A potential or threatened violation of an applicable federal, state, or local law or administrative determination imposed for the protection of the environment. Some examples of administrative determinations to consider are a local noise control ordinance; the requirement to conform to an applicable State Implementation Plan (SIP); and federal, state, or local requirements for the control of hazardous or toxic substances.</P>
                <P>f. An effect on the quality of the human environment that is likely to be highly controversial in terms of scientific validity, likely to be highly uncertain, or likely to involve unique or unknown environmental risks.</P>
                <P>g. Employment of new technology or unproven technology that is likely to involve unique or unknown environmental risks, where the effect on the human environment is likely to be highly uncertain, or where the effect on the human environment is likely to be highly controversial in terms of scientific validity.</P>
                <P>h. Extent to which a precedent is established for future actions with significant effects.</P>
                <P>i. Significantly greater scope or size than normally experienced for a particular category of action.</P>
                <P>j. Potential for significant degradation of already existing poor environmental conditions. Also, initiation of a potentially significant environmental degrading influence, activity, or effect in areas not already significantly modified from their natural condition.</P>
                <P>k. Whether the action is related to other actions with individually insignificant, but cumulatively significant impacts.”</P>
                <HD SOURCE="HD2">FRA Unusual Circumstances</HD>
                <P>The FRA's list of unusual circumstances can be found at 23 CFR 771.116 and are as follows:</P>
                <P>
                    “
                    <E T="03">(1) Significant environmental impacts.</E>
                </P>
                <P>(2) Substantial controversy on environmental grounds.</P>
                <P>(3) Significant impact on properties protected by Section 4(f) requirements or Section 106 of the National Historic Preservation Act.</P>
                <P>(4) Inconsistencies with any Federal, State, or local law, requirement or administrative determination relating to the environmental aspects of the action.”</P>
                <HD SOURCE="HD2">USFS Resource Conditions</HD>
                <P>The USFS's list of resource conditions can be found at 7 CFR 1b.3 and are as follows:</P>
                <P>
                    “
                    <E T="03">(i)</E>
                     Federally listed threatened or endangered species or designated critical habitat or species proposed for Federal listing or proposed critical habitat.
                </P>
                <P>(ii) Flood plains, wetlands, or other such sensitive areas.</P>
                <P>(iii) Special sources of water, such as sole-source aquifers, wellhead protection areas, municipal watersheds, or other water sources that are vital in a region.</P>
                <P>(iv) Areas having formal Federal or state designations, such as wilderness areas, parks, or wildlife refuges; wild and scenic rivers; marine sanctuaries; national natural landmarks; inventoried roadless areas; or national recreation areas.</P>
                <P>(v) Specially managed areas, such as designated research or experimental areas, coral reefs, coastal barrier resources, or, unless exempt, coastal zone management areas.</P>
                <P>(vi) Important or prime agricultural, forest, or range lands.</P>
                <P>
                    (vii) Property (
                    <E T="03">e.g.,</E>
                     sites, buildings, structures, and objects) of historic, archeological, or architectural significance, as designated by Federal, Tribal, State, or local governments, or property eligible for listing on the National Register of Historic Places.”
                </P>
                <HD SOURCE="HD2">Department of Defense Extraordinary Circumstances</HD>
                <P>The Department of Defense (DoD) list of extraordinary circumstances can be found at the DoD's NEPA Implementing Procedures and are as follows:</P>
                <P>
                    “
                    <E T="03">(i) Potential for substantial adverse effect on public health, safety or the environment.</E>
                </P>
                <P>(ii) Potential to violate applicable Federal, State, Tribal, or local environmental laws.</P>
                <P>(iii) Greater scope or size of project than usual for the category of action proposed.</P>
                <P>(iv) Project poses uncertain, unknown, or unique risks to public health, safety, or the environment that are unlike those posed by typical actions in the excluded category.</P>
                <P>(v) Project will result in an uncontrolled or unpermitted release of hazardous substances or require a conformity determination under standards in 40 CFR part 93, subpart B (the Clean Air Act General Conformity Rule).</P>
                <P>
                    <E T="03">(vi) Potential for substantial adverse effect on the following sensitive resources, unless the potential impact has been resolved through another environmental process</E>
                     (
                    <E T="03">e.g., CZMA, NHPA, CWA, etc.).</E>
                </P>
                <P>
                      
                    <E T="03">(A)endangered or threatened species listed under the Endangered Species Act or designated critical habitat for these species.</E>
                </P>
                <P>
                      
                    <E T="03">(B)areas of particular environmental concern or sensitivity such as coral reefs, federally designated wilderness areas, wildlife refuges, marine sanctuaries and monuments, wetlands, sole source aquifers, or parklands.</E>
                </P>
                <P>
                    <E T="03">(C) Have an adverse effect on archaeological resources or historic properties listed or determined to be eligible for listing in the National Register of Historic Places.”</E>
                </P>
                <HD SOURCE="HD2">NTIA's Extraordinary Circumstances</HD>
                <P>The NTIA's list of extraordinary circumstances can be found at Appendix C of Guidance on NTIA National Environmental Policy Act Compliance and are as follows:</P>
                <P>
                    “
                    <E T="03">1. Proposed action occurs within an environmentally sensitive or unique geographic area of notable recreational, ecological, scientific, cultural, scenic, or aesthetic importance.</E>
                </P>
                <P>
                    <E T="03">2. Proposed action may adversely impact species listed or proposed to be listed as Endangered or Threatened Species or have adverse effects on designated Critical Habitat for these species.</E>
                </P>
                <P>
                    <E T="03">3. Proposed action may adversely impact protected migratory birds or their habitats.</E>
                </P>
                <P>
                    <E T="03">4. Proposed action may adversely affect historic, archeological, or cultural sites, including Native American Traditional Cultural Properties, properties listed or eligible for listing on the National Register of Historic Places.</E>
                </P>
                <P>
                    <E T="03">5. Proposed action that restricts access to and ceremonial use of Indian sacred sites by Indian practitioners or adversely affects the physical integrity of such religious sacred sites.</E>
                </P>
                <P>
                    <E T="03">
                        6. Proposed action occurring in floodplains or involving significant changes to or effects on waterbodies, wetlands, floodplains, water quality, sole source aquifers, public water supply systems, or state, local, or tribal 
                        <PRTPAGE P="7540"/>
                        water quality standards established under the Clean Water Act or the Safe Drinking Water Act.
                    </E>
                </P>
                <P>
                    <E T="03">7. (revoked)</E>
                </P>
                <P>
                    <E T="03">8. Proposed action involving construction impacts on or near an active, inactive, or abandoned contaminated or hazardous waste site, or involving non-permitted generation, transportation, treatment, storage, or disposal of substances hazardous to human health or the environment, unless NTIA determines the action is consistent with an approved remedial action plan for the site.</E>
                </P>
                <P>
                    <E T="03">9. Proposed action would involve human exposure to ionizing or non-ionizing radiation or use of any radiation more than the Federal Communications Commission's established Maximum Permissible Exposure limits for human exposure to Radiofrequency Electromagnetic Energy fields.</E>
                </P>
                <P>
                    <E T="03">10. Proposed action would involve highly scientifically unknown or uncertain effects because of the introduction or employment of unproven technology, substantial disagreement over the possible size, nature, or effect on the environment, or likelihood of degrading already existing poor environmental conditions.</E>
                </P>
                <P>
                    <E T="03">11. Proposed action may violate a Federal, Tribal, state, or local law, regulation, policy, or requirement imposed for the protection of the environment.</E>
                </P>
                <P>
                    <E T="03">12. Proposed size or scope of action is greater than is normal for an action of its type.</E>
                </P>
                <P>
                    <E T="03">13. Proposed action may cause other significant effects on human health or the environment that have not been otherwise addressed.”</E>
                </P>
                <HD SOURCE="HD2">FBI's Extraordinary Circumstances</HD>
                <P>The FBI's list of extraordinary circumstances can be found at Appendix E to Part 61, Title 28 and are as follows:</P>
                <P>
                    “
                    <E T="03">(i) An adverse effect on public health or safety.</E>
                </P>
                <P>
                    <E T="03">(ii) An adverse effect on federally listed endangered or threatened species, marine mammals, or critical habitat.</E>
                </P>
                <P>
                    <E T="03">(iii) An adverse effect on archaeological resources or resources listed or determined to be eligible for listing in the National Register of Historic Places.</E>
                </P>
                <P>
                    <E T="03">(iv) An adverse effect on an environmentally sensitive area, including floodplains, wetlands, streams, critical migration corridors, and wildlife refuges.</E>
                </P>
                <P>
                    <E T="03">(v) A material violation of a Federal, state, or local environmental law by the FBI.</E>
                </P>
                <P>
                    <E T="03">(vi) An effect on the quality of the human or natural environment that is likely to be highly scientifically controversial or uncertain, or likely to involve unique or unknown environmental risks.</E>
                </P>
                <P>
                    <E T="03">(vii) Establishment of precedents or decisions in principle for future actions that have the potential for significant impacts (e.g., master plans, Integrated Natural Resource Management Plans, Integrated Cultural Resource Management Plans).</E>
                </P>
                <P>
                    <E T="03">(viii) Significantly greater scope or size than normally experienced for a particular category of action.</E>
                </P>
                <P>
                    <E T="03">(ix) Potential for substantial degradation of already existing poor environmental conditions. Also, initiation of a potentially substantial environmental degrading influence, activity, or effect in areas not already substantially modified.</E>
                </P>
                <P>
                    <E T="03">(x) A connection to other actions with individually insignificant, but cumulatively significant, impacts.”</E>
                </P>
                <HD SOURCE="HD1">IV. Interagency Consultation</HD>
                <P>NASA consulted with the establishing agencies to ensure that adoption of the CATEXs for the intended category of actions is appropriate. NASA consulted with the FRA on August 11, 2025, the FBI on August 18, 2025, the DOE on August 22, 2025, the NTIA on August 22, 2025, the TVA on August 22, 2025, the USCG on August 29, 2025, the USFS on August 29, 2025, the DON on September 5, 2025, the DAF on December 15, 2025, the MDA on January 20, 2026 and the DTRA on January 26, 2026. NASA reviewed the originating agencies' experience with their respective CATEXs and consulted with them regarding the types of actions for which NASA intends to use these CATEXs. The consultations confirmed that the actions NASA plans to undertake are consistent with the types of projects for which the originating agencies have applied the CATEXs. NASA has determined that its proposed use of the CATEXs, as described in this notice, is appropriate. While this notice describes several examples, NASA's use of these CATEXs is not limited to these examples and could be used in any other circumstances for which their application is appropriate.</P>
                <HD SOURCE="HD1">V. Notice to the Public and Documentation of Adoption</HD>
                <P>This notice serves to identify to the public and document NASA's adoption of the CATEXs described in this notice. The notice identifies the types of actions to which NASA will apply the CATEXs, as well as the considerations that NASA will use in determining whether an action is within the scope of the CATEXs.</P>
                <SIG>
                    <NAME>Nanette Smith,</NAME>
                    <TITLE>Team Lead, NASA Directives and Regulations.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03109 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7510-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Emerging Frontiers and Multidisciplinary Activities; Committee Renewal</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Science Foundation.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Committee Management Renewal.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The National Science Foundation (NSF) is renewing the committee for Emerging Frontiers and Multidisciplinary Activities.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>NSF approves the continuation of this committee on 2/12/2026. Effective date for renewal is February 27, 2026. For more information, please contact Crystal Robinson, NSF, at (703) 292-8687.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Crystal Robinson, Committee Management Officer, NSF, at (703) 292-8687, or by mail to National Science Foundation, Randolph Building, 401 Dulany Street, Alexandria, VA 22314.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The NSF management officials having responsibility for the advisory committee listed below have determined that renewing this committee for another two years is necessary and in the public interest in connection with the performance of duties imposed upon the Director, National Science Foundation (NSF), by 42 U.S.C. 1861 
                    <E T="03">et seq.</E>
                     This determination follows consultation with the Committee Management Secretariat, General Services Administration.
                </P>
                <HD SOURCE="HD1">Committee</HD>
                <P>Proposal Review Panel for Emerging Frontiers and Multidisciplinary Activities, #34558.</P>
                <P>
                    Pursuant to 41 U.S.C. 102-3.60(a), to establish, renew, reestablish, or merge a discretionary (agency discretion) advisory committee, an agency must first consult with the General Services Administration's Committee Management Secretariat (the Secretariat) and, as part of the consultation, provide a written public interest determination approved by the head of the agency to the Secretariat with a copy to the Office of Management and Budget. In addition, pursuant to 41 U.S.C. 102-3.35, an agency shall follow the same 
                    <PRTPAGE P="7541"/>
                    consultation process and document in writing the same determination of need before creating a subcommittee under a discretionary committee that is not made up entirely of members of a parent advisory committee. Information on the following factors for the committee is provided to the Secretariat to demonstrate that renewing the committee is in the public interest:
                </P>
                <P>
                    <E T="03">1. Annual budget:</E>
                     $117,500.
                </P>
                <P>a. Federal personnel on a full-time equivalent (FTE) basis: 1.5 FTE.</P>
                <P>b. Other Federal internal costs: $2,000.</P>
                <P>c. Proposed payments to members: $108,000.</P>
                <P>d. Proposed number of members: 270.</P>
                <P>e. Reimbursable costs: $7,500.</P>
                <P>
                    <E T="03">2. If applicable, the total dollar value of grants expected to be recommended during the fiscal year:</E>
                     $50,000,000.
                </P>
                <P>
                    <E T="03">3. Criteria for selecting members to ensure the committee has the necessary.</E>
                </P>
                <P>Committee members are selected based on their scientific and technical expertise, professional experience, and ability to provide informed, objective advice on proposals within the scope of EFMA activities. Membership is drawn from a broad range of disciplines to ensure representation of the scientific areas encompassed by the committee's review portfolio. Membership consists of approximately 270 members considering all meetings. The subject matter and volume of proposals to be reviewed determine the number of members participating in any given meeting. Every effort is made to ensure balanced membership, including representation across scientific disciplines, institutions, and geographic regions. Members are selected to provide complementary perspectives and the depth of technical expertise necessary to conduct thorough and credible proposal reviews. The majority of committee members are anticipated to be comprised of Special Government Employees (SGEs) with a small percentage of Regular Government Employees (RGEs) when subject matter expertise requires.</P>
                <P>
                    <E T="03">4. List of all other Federal advisory committees of the agency:</E>
                </P>
                <FP SOURCE="FP-2">84684 Advisory Committee for Technology, Innovation and Partnerships</FP>
                <FP SOURCE="FP-2">1172 Alan T. Waterman Award Committee</FP>
                <FP SOURCE="FP-2">13883 Astronomy and Astrophysics Advisory Committee</FP>
                <FP SOURCE="FP-2">1173 Committee on Equal Opportunities in Science and Engineering</FP>
                <FP SOURCE="FP-2">1186 Proposal Review Panel for Astronomical Sciences</FP>
                <FP SOURCE="FP-2">10751 Proposal Review Panel for Atmospheric and Geospace Sciences</FP>
                <FP SOURCE="FP-2">10747 Proposal Review Panel for Behavioral and Cognitive Sciences</FP>
                <FP SOURCE="FP-2">10743 Proposal Review Panel for Biological Infrastructure</FP>
                <FP SOURCE="FP-2">1189 Proposal Review Panel for Chemical, Bioengineering, Environmental, and Transport Systems</FP>
                <FP SOURCE="FP-2">1191 Proposal Review Panel for Chemistry</FP>
                <FP SOURCE="FP-2">1194 Proposal Review Panel for Civil, Mechanical, and Manufacturing Innovation</FP>
                <FP SOURCE="FP-2">1207 Proposal Review Panel for Computer and Network Systems</FP>
                <FP SOURCE="FP-2">1192 Proposal Review Panel for Computing &amp; Communication Foundations</FP>
                <FP SOURCE="FP-2">1185 Proposal Review Panel for Cyberinfrastructure</FP>
                <FP SOURCE="FP-2">1569 Proposal Review Panel for Earth Sciences</FP>
                <FP SOURCE="FP-2">1196 Proposal Review Panel for Electrical, Communications, and Cyber Systems</FP>
                <FP SOURCE="FP-2">44011 Proposal Review Panel for Emerging Frontiers in Biological Sciences</FP>
                <FP SOURCE="FP-2">173 Proposal Review Panel for Engineering Education and Centers</FP>
                <FP SOURCE="FP-2">10744 Proposal Review Panel for Environmental Biology</FP>
                <FP SOURCE="FP-2">1756 Proposal Review Panel for Geosciences</FP>
                <FP SOURCE="FP-2">57 Proposal Review Panel for Graduate Education</FP>
                <FP SOURCE="FP-2">1200 Proposal Review Panel for Information and Intelligent Systems</FP>
                <FP SOURCE="FP-2">84685 Proposal Review Panel for Innovation and Technology Ecosystems</FP>
                <FP SOURCE="FP-2">2469 Proposal Review Panel for Integrative Activities</FP>
                <FP SOURCE="FP-2">10745 Proposal Review Panel for Integrative Organismal Systems</FP>
                <FP SOURCE="FP-2">10749 Proposal Review Panel for International Science and Engineering</FP>
                <FP SOURCE="FP-2">1203 Proposal Review Panel for Materials Research</FP>
                <FP SOURCE="FP-2">1204 Proposal Review Panel for Mathematical Sciences</FP>
                <FP SOURCE="FP-2">10746 Proposal Review Panel for Molecular and Cellular Biosciences</FP>
                <FP SOURCE="FP-2">10752 Proposal Review Panel for Ocean Sciences</FP>
                <FP SOURCE="FP-2">1208 Proposal Review Panel for Physics</FP>
                <FP SOURCE="FP-2">1209 Proposal Review Panel for Polar Programs</FP>
                <FP SOURCE="FP-2">59 Proposal Review Panel for Research on Learning in Formal and Informal Settings</FP>
                <FP SOURCE="FP-2">10748 Proposal Review Panel for Social and Economic Sciences</FP>
                <FP SOURCE="FP-2">1766 Proposal Review Panel for Social, Behavioral and Economic Sciences</FP>
                <FP SOURCE="FP-2">84683 Proposal Review Panel for Translational Impacts</FP>
                <FP SOURCE="FP-2">1214 Proposal Review Panel for Undergraduate Education</FP>
                <P>
                    <E T="03">5. Justification that the information or advice provided by the Federal advisory committee or subcommittee is not available from another Federal advisory committee, another Federal Government source, or any other more cost-effective and less burdensome source.</E>
                </P>
                <P>
                    Proposal peer review is central to NSF processes. Specific advisory committees (
                    <E T="03">i.e.,</E>
                     review panels) are impaneled for individual programs to directly provide the technical expertise relevant to the proposals under review. This therefore requires distinct membership for committees responsible for review of distinct subject areas. Notably, the EFMA Office supports multidisciplinary and interdisciplinary activities that encompass a wide range of engineering and scientific areas necessitating the recruitment of committee members with unique combinations of technical expertise.
                </P>
                <P>
                    <E T="03">6. If the consultation is a committee renewal, a summary of the previous accomplishments of the committee and the reasons it needs to continue.</E>
                </P>
                <P>Past committees have been instrumental in identifying cutting edge topics and projects that pursue bold, innovative research that addresses national needs, strengthens U.S. leadership and fosters advances in new areas of fundamental or applied research, catalyzes development of new industries or capabilities that increase the leadership position for the country, and/or makes significant progress towards addressing a national need or grand challenge, particularly in current priority areas including, but not limited to, artificial intelligence, bioengineering, quantum engineering, robotics, and nuclear engineering. An example of a groundbreaking area identified by the committee is Quantum research in 2016 before it became a priority topic at NSF and subsequently a national initiative: the National Quantum Initiative.</P>
                <P>
                    <E T="03">7. Explanation of why the committee/subcommittee is essential to the conduct of agency business.</E>
                </P>
                <P>
                    The ENG FACA committees are essential to the conduct of agency business as they align with the agency's usage of the merit review process and criteria in keeping with 42 U.S. Code § 1862s, which outlines that “the Foundation's intellectual merit and broader impacts criteria are appropriate for evaluating grant proposals” and directs the Foundation to “maintain the intellectual merit and broader impacts criteria, among other specific criteria as 
                    <PRTPAGE P="7542"/>
                    appropriate, as the basis for evaluating grant proposals in the merit review process.”
                </P>
                <P>NSF's mission, as described in the 1950 NSF act, is “to promote the progress of science, advance national health, prosperity, and welfare, and secure the national defense. This is achieved by investing in research to expand knowledge in science, engineering, and education, and by increasing the capacity of the U.S. to conduct and benefit from such research. Merit review panels under these FACA committees serve as the basis for the gold standard merit review to support the most compelling research to advance the NSF mission.</P>
                <P>This public interest determination documents that renewing the committee is essential to the conduct of agency business and that the information to be obtained is not already available through another advisory committee or source within the Federal Government.</P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer, National Science Foundation.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03164 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <SUBJECT>Advisory Committee on the Medical Uses of Isotopes: Charter Renewal</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of renewal of the Charter of the Advisory Committee on the Medical Uses of Isotopes.</P>
                </ACT>
                <P>The U.S. Nuclear Regulatory Commission (NRC) has determined that renewal of the charter for the Advisory Committee of the Medical Uses of Isotopes (ACMUI) until February 27, 2028, is in the public interest in connection with duties imposed on the Commission by law. This action is being taken in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. chapter 10, after consultation with the Committee Management Secretariat, General Services Administration.</P>
                <P>The purpose of the ACMUI is to provide advice to the NRC on policy and technical issues that arise in regulating the medical use of byproduct material for diagnosis and therapy. Responsibilities include providing guidance and comments on current and proposed NRC regulations and regulatory guidance concerning medical use; evaluating certain non-routine uses of byproduct material for medical use; and evaluating training and experience of proposed authorized users. The members are involved in preliminary discussions of major issues in determining the need for changes in NRC policy and regulation to ensure the continued safe use of byproduct material. Each member provides technical assistance in his/her specific area(s) of expertise, particularly with respect to emerging technologies. Members also provide guidance as to NRC's role in relation to the responsibilities of other Federal agencies as well as of various professional organizations and boards. ACMUI is in the public interest because the advice received from it helps the NRC ensure the safety of the public, patients, and workers who might be exposed to radiation from such medical usage.</P>
                <P>
                    To ensure the committee has the necessary expertise and fairly balanced membership, members are selected based on demonstrated professional qualifications and expertise in both scientific and non-scientific disciplines including nuclear medicine; nuclear cardiology; radiation therapy; medical physics; nuclear pharmacy; State medical regulation; patient's rights and care; health care administration; and Food and Drug Administration regulation. Because the NRC does not have this expertise on staff, it leverages the Committee's well-recognized specialists from different parts of the United States to provide advice and expert opinion on standards and guides used in diagnostic and therapeutic practices in the United States. The NRC continues to emphasize improving performance of medical use licensees and ACMUI's experts will continue to be needed to assist the Commission in this area. To develop and maintain a cost-effective and less burdensome in-house capability to match the quality and quantity of expert advice embodied in the ACMUI is not viable. A summary of specific accomplishments of ACMUI over the last charter term (February 2024-February 2026) can be reviewed at 
                    <E T="03">https://www.nrc.gov/about-nrc/regulatory/advisory/acmui/recomm-actions.</E>
                </P>
                <P>ACMUI is one of three advisory committees at the NRC. The others are the Advisory Committee on Reactor Safeguards and the Licensing Support Network Advisory Review Panel.</P>
                <P>Estimated costs for ACMUI include federal personnel and other costs of $366,000; payments to members of $70,000 for 13 members; and reimbursable costs of $19,000.</P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Sarah Hoenig, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; Email: 
                        <E T="03">Sarah.Hoenig@nrc.gov.</E>
                    </P>
                    <SIG>
                        <DATED>Dated at Rockville, Maryland this 13th day of February, 2026.</DATED>
                        <P>For the U.S. Nuclear Regulatory Commission.</P>
                        <NAME>Russell E. Chazell,</NAME>
                        <TITLE>Federal Advisory Committee Management Officer.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03144 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket No. 50-255; NRC-2026-0497]</DEPDOC>
                <SUBJECT>Holtec Palisades, LLC; Palisades Nuclear Plant; Exemption</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; issuance.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a June 26, 2025, request from Holtec Palisades, LLC (Holtec) that allows Holtec to submit a subsequent license renewal application for Palisades Nuclear Plant at least 3 years prior to the expiration of the existing license and, if the NRC staff finds it acceptable for docketing, the existing license will be in timely renewal under NRC regulations until the NRC has made a final determination on whether to approve the subsequent license renewal application.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The exemption was issued on February 10, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2026-0497 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2026-0497. Address questions about Docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Bridget Curran; telephone: 301-415-1003; email: 
                        <E T="03">Bridget.Curran@nrc.gov.</E>
                         For technical questions, contact the individual listed in the 
                        <E T="02">For Further Information Contact</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                         You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                        <E T="03">
                            https://www.nrc.gov/reading-rm/
                            <PRTPAGE P="7543"/>
                            adams.html.
                        </E>
                         To begin the search, select “Begin ADAMS Public Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                        <E T="03">PDR.Resource@nrc.gov.</E>
                         The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                        <E T="03">PDR.Resource@nrc.gov</E>
                         or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mark Yoo, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-8583; email: 
                        <E T="03">Mark.Yoo@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The text of the exemption is attached.</P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Mark Yoo,</NAME>
                    <TITLE>Senior Project Manager, License Renewal Projects Branch, Division of New and Renewed Licenses, Office of Nuclear Reactor Regulation.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Attachment—Exemption</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">NUCLEAR REGULATORY COMMISSION</HD>
                    <HD SOURCE="HD1">Docket No. 50-255; Holtec Palisades, LLC; Palisades Nuclear Plant; Exemption</HD>
                    <HD SOURCE="HD1">I. Background</HD>
                    <P>Holtec Palisades, LLC (Holtec, the licensee) is the holder of Renewed Facility Operating License No. DPR-20, which authorizes the operation of the Palisades Nuclear Plant (PNP). The PNP consists of one pressurized-water reactor located in Covert, Michigan. The PNP license provides, among other things, that the licensee is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The PNP license expires on March 24, 2031.</P>
                    <P>
                        The PNP had ceased power operations on May 20, 2022. In response to requests by Holtec, on July 24, 2025, the NRC issued six licensing and regulatory actions that collectively reauthorized PNP power operations (Agencywide Documents Access and Management System Accession Nos. ML25157A127; ML25157A107; ML25150A281; ML25156A045; ML25163A182; ML25167A245). By letter dated June 26, 2025 (ML25177A070), Holtec requested an exemption from the requirements of Title 10 of the 
                        <E T="03">Code of Federal Regulations</E>
                         (10 CFR) 2.109(b) to allow Holtec to submit a subsequent license renewal application for the PNP at least 3 years prior to the expiration of the PNP license (
                        <E T="03">i.e.,</E>
                         March 24, 2028) and, if the NRC staff finds it acceptable for docketing, the license will be in timely renewal under NRC regulations until the NRC has made a final determination on whether to approve the subsequent license renewal application. The NRC has completed its evaluation of Holtec's exemption request and has determined that pursuant to 10 CFR 54.15, “Specific exemptions,” and 10 CFR 50.12, “Specific exemptions,” the requested exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. The NRC has also determined that special circumstances, as defined in 10 CFR 50.12(a)(2), are present.
                    </P>
                    <HD SOURCE="HD1">II. Request/Action</HD>
                    <P>Holtec requested an exemption from 10 CFR 2.109(b), which provides that if a nuclear power plant licensee files a sufficient license renewal application “at least 5 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined.” Specifically, Holtec requested timely renewal protection under 10 CFR 2.109(b) if it submits a subsequent license renewal application for the PNP no later than 3 years prior to the expiration of the PNP's renewed facility operating license on March 24, 2031. Holtec stated that the following three special circumstances apply to its exemption request:</P>
                    <P>(1) The application of 10 CFR 2.109(b) in this instance would not serve the underlying purpose of the rule;</P>
                    <P>(2) Compliance with the 5-year time limit specified in that regulation would result in undue hardship and other costs that are significantly in excess of those contemplated when the regulation was adopted, and are significantly in excess of those incurred by others similarly situated; and</P>
                    <P>(3) Material circumstances that were not considered when the regulation was adopted are present such that granting the exemption is in the public interest.</P>
                    <HD SOURCE="HD1">III. Discussion</HD>
                    <P>Under 10 CFR 54.17(a), an application for subsequent license renewal must be filed in accordance with subpart A, “Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval,” of 10 CFR part 2, “Agency Rules of Practice and Procedure,” which includes 10 CFR 2.109(b). Section 2.109(b) of 10 CFR states that “[i]f the licensee of a nuclear power plant licensed under 10 CFR 50.21(b) or 50.22 files a sufficient application for renewal of . . . an operating license . . . at least 5 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined.”</P>
                    <P>As provided in 10 CFR 54.15, exemptions from the requirements of 10 CFR part 54, “Requirements for Renewal of Operating Licenses for Nuclear Power Plants,” are governed by 10 CFR 50.12. Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50, “Domestic Licensing of Production and Utilization Facilities,” when: (1) the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) special circumstances are present, as defined in 10 CFR 50.12(a)(2).</P>
                    <HD SOURCE="HD2">A. The Exemption Is Authorized by Law</HD>
                    <P>The requested exemption would allow the licensee to submit a sufficient subsequent license renewal application for the PNP by March 24, 2028, and, if it does so, receive timely renewal protection under 10 CFR 2.109(b). This means that if the licensee submits a subsequent license renewal application by March 24, 2028, and the NRC staff finds it acceptable for docketing, the existing license for the PNP will not be deemed to have expired until the NRC has made a final determination on whether to approve the subsequent license renewal application.</P>
                    <P>The NRC has determined that even though less than 5 years would remain in the term of the license for the PMP, granting this limited, one-time exemption is authorized by law. The 5-year time period specified in 10 CFR 2.109(b) is not required by the Atomic Energy Act of 1954, as amended, or the Administrative Procedure Act. It is the result of a discretionary agency rulemaking under sections 161 and 181 of the Atomic Energy Act of 1954, as amended (56 FR 64943; December 13, 1991) that was designed to provide the NRC with a reasonable amount of time to review a license renewal application and decide whether to approve it. Section 103c of the Atomic Energy Act of 1954, as amended, permits the Commission to issue operating licenses, including renewed licenses. Section 2.109 of 10 CFR implements section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), which states, in part:</P>
                    <P>When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency.</P>
                    <P>
                        The time period in 10 CFR 2.109(b) is designed to provide a reasonable amount of time for the NRC to review a license renewal application and reach a decision on whether to approve it. Prior to 1992, the rules provided that a licensee would have received timely renewal protection when it submitted its license renewal application 30 days before the expiration of the current license (56 FR 64943; December 13, 1991). In 1990, the NRC proposed modifying 10 CFR 2.109 to provide that an application must be submitted 3 years before the expiration of the current license to be afforded timely renewal protection (55 FR 29043; July 17, 1990). There is nothing in the preamble supporting the proposed rule or final rule revising 10 CFR 2.109(b) that suggests that applying the timely renewal doctrine to license renewal applications submitted 30 days before the expiration of the license was not authorized by law. Instead, it appears that the Commission proposed to revise 10 CFR 2.109(b) from 30 
                        <PRTPAGE P="7544"/>
                        days to 3 years before the expiration of the license so that the final determination on a license renewal application would typically be made before the current operating license expired. In the proposed rule, the Commission explained that it did not believe 30 days would provide “a reasonable time to review an application for a renewed operating license” and estimated that the technical review of a license renewal application would take approximately 2 years (55 FR 29043; July 17, 1990). In the final rule, the Commission stated that the technical review of the application would take approximately 2 years due to the review of many complex technical issues and that “any necessary hearing could likely add an additional year or more” (56 FR 64943; December 13, 1991). Ultimately, the Commission concluded in the final rule that timely renewal protection would be provided for a license renewal application filed 5 years before the operating license expired to promote consistency with the requirement that licensees submit decommissioning plans and related financial assurance information on or about 5 years prior to the expiration of their current operating licenses. Thus, in promulgating 10 CFR 2.109(b), the Commission considered that the time period needed to reach a final determination may be less than 5 years in some cases, but the rule also provides timely renewal protection for timely filed applications to account for situations where the resolution of complex technical issues may take more time.
                    </P>
                    <P>The requested exemption constitutes a change to the schedule by which the licensee must submit its application for PNP subsequent license renewal and is administrative in nature; it does not involve any change to the current operating license. Under 10 CFR 54.17(a), an application for a renewed license must be filed in accordance with subpart A of 10 CFR part 2, which includes 10 CFR 2.109(b). However, the NRC may grant exemptions from the requirements of 10 CFR part 54 pursuant to 10 CFR 54.15. For the reasons stated above, the NRC has determined that granting this one-time exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, the Administrative Procedure Act, or the NRC's regulations. Therefore, the NRC finds that the exemption is authorized by law.</P>
                    <HD SOURCE="HD2">B. The Exemption Will Not Present an Undue Risk to the Public Health and Safety</HD>
                    <P>The requested exemption does not change the manner in which the plant operates and maintains public health and safety because the exemption from 10 CFR 2.109 does not result in a change to the facility or the current operating license, but allows the PNP to continue operating under its existing license in the event that the NRC has not reached a final determination on a subsequent license renewal application prior to the expiration of the current operating license. Pending final action on a subsequent license renewal application, the NRC will continue to conduct all regulatory activities associated with licensing, inspection, and oversight, and will continue to take whatever action may be necessary to ensure adequate protection of the public health and safety. The existence of this exemption would not affect the NRC's authority, applicable to all licenses, to modify, suspend, or revoke a license for cause, such as a serious safety concern.</P>
                    <P>
                        If the licensee submits a subsequent license renewal application by March 24, 2028, there would be 3 years prior to the expiration of the current operating license for the NRC staff to conduct a docketing acceptance review and, if the application is accepted for docketing, provide a hearing opportunity and conduct the required safety and environmental reviews. Three years significantly exceeds the 12-month generic milestone schedule for the NRC staff's review of a subsequent license renewal application; 
                        <SU>1</SU>
                        <FTREF/>
                         therefore, it is sufficient time for the NRC staff to at least determine if any immediate actions need to be taken prior to the licensee entering the period of timely renewal. Based on the discussion in this section, the NRC finds that the exemption will not present an undue risk to the public health and safety.
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             Nuclear Energy Innovation and Modernization Act Milestone Schedules of Requested Activities of the Commission, 
                            <E T="03">https://www.nrc.gov/about-nrc/generic-schedules.html</E>
                             (last updated August 28, 2025).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">C. The Exemption Is Consistent With the Common Defense and Security</HD>
                    <P>The requested exemption does not alter the design, function, or operation of any structures or plant equipment that are necessary to maintain the safe and secure status of any site security matters. Therefore, the NRC finds that the exemption is consistent with the common defense and security.</P>
                    <HD SOURCE="HD2">D. Special Circumstances are Present</HD>
                    <P>Paragraph 50.12(a)(2) of 10 CFR states that the Commission will not consider granting an exemption unless special circumstances are present. Such special circumstances include that: (1) application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule (10 CFR 50.12(a)(2)(ii)); (2) compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by others similarly situated (10 CFR 50.12(a)(2)(iii)); and (3) there is present any other material circumstance not considered when the regulation was adopted for which it would be in the public interest to grant an exemption (10 CFR 50.12(a)(2)(vi)). The NRC finds that Holtec has provided several factors in support of its exemption request that demonstrate that the special circumstances of 10 CFR 50.12(a)(2)(ii), (iii), and (vi) are present.</P>
                    <P>Holtec stated that its submittal of a subsequent license renewal application for the PNP at least 3 years prior to the expiration of the PNP's renewed facility operating license would provide the NRC the time that it needs to complete its review and any hearing, if necessary, and, therefore, the application of 10 CFR 2.109(b) in the particular circumstances would not serve the underlying purpose of the rule and the special circumstance of 10 CFR 50.12(a)(2)(ii) is present. The PNP ceased power operations and was defueled in 2022. In early 2023, Holtec announced plans to restart power operations at the plant, making it the first United States nuclear power plant to reopen after beginning decommissioning. Restarting requires restoring components for safe operation, performing upgrades and repairs, and obtaining the NRC's approval. Holtec stated that meeting the subsequent license renewal application submission deadline would divert significant resources from these efforts, and even with reprioritization, the application may not be ready due to incomplete aging analyses and calculations. Therefore, compliance with the five-year time limit specified in 10 CFR 2.109(b) would result in undue hardship and other costs that are significantly in excess of those contemplated when the regulation was adopted, and are significantly in excess of those incurred by others similarly situated and the special circumstance of 10 CFR 50.12(a)(2)(iii) is present. Finally, Holtec stated that the timely renewal rule did not contemplate the situation in which a restart of power operations would have to occur in parallel with the preparation of a subsequent license renewal application and that the timely restart of the PNP is essential to meet Michigan's clean energy commitment. Holtec stated that allowing it to focus on preparations for a safe and efficient restart rather than draining resources from those preparations to meet the 5-year requirement for a timely subsequent license renewal submittal is a material circumstance not considered when 10 CFR 2.109(b) was adopted for which it would be in the public interest to grant an exemption. Therefore, the special circumstance of 10 CFR 50.12(a)(2)(vi) is present.</P>
                    <P>The NRC finds that the factors that Holtec provided in support of its exemption request are compelling and demonstrate that the special circumstances of 10 CFR 50.12(a)(2)(ii), (iii), and (vi) are present.</P>
                    <HD SOURCE="HD2">E. Environmental Considerations</HD>
                    <P>
                        The NRC has determined that the issuance of the requested exemption meets the provisions of the categorical exclusion in 10 CFR 51.22(c)(25). Under 10 CFR 51.22(c)(25), the granting of an exemption from the requirements of an NRC regulation qualifies as a categorical exclusion if: (i) there is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which the exemption is sought involve one of several matters, including scheduling requirements (10 CFR 51.22(c)(25)(vi)(G)). The basis for the NRC's determination is provided in the following evaluation of the requirements in 10 CFR 51.22(c)(25)(i)-(vi).
                        <PRTPAGE P="7545"/>
                    </P>
                    <HD SOURCE="HD3">Requirements in 10 CFR 51.22(c)(25)(i)</HD>
                    <P>To qualify for a categorical exclusion under 10 CFR 51.22(c)(25)(i), the exemption must involve a no significant hazards consideration. The criteria for making a no significant hazards consideration determination are found in 10 CFR 50.92(c). The NRC has determined that the granting of the exemption request involves no significant hazards consideration because allowing the submittal of the subsequent license renewal application less than 5 years before the expiration of the existing license and deeming the license in timely renewal under 10 CFR 2.109(b) does not: (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. Therefore, the requirements of 10 CFR 51.22(c)(25)(i) are met.</P>
                    <HD SOURCE="HD3">Requirements in 10 CFR 51.22(c)(25)(ii) and (iii)</HD>
                    <P>The requested exemption constitutes a change to the schedule by which the licensee must submit its application for subsequent license renewal and still place the license in timely renewal, which is administrative in nature, and does not involve any change in the types or significant increase in the amounts of effluents that may be released offsite and does not contribute to any significant increase in occupational or public radiation exposure. Accordingly, there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite, and no significant increase in individual or cumulative public or occupational radiation exposure. Therefore, the requirements of 10 CFR 51.22(c)(25)(ii) and (iii) are met.</P>
                    <HD SOURCE="HD3">Requirements in 10 CFR 51.22(c)(25)(iv)</HD>
                    <P>The regulation that is requested to be exempted is not associated with construction, and the exemption request does not propose any changes to the site and would not alter the site or change the operation of the site. Therefore, the requirements of 10 CFR 51.22(c)(25)(iv) are met because there is no significant construction impact.</P>
                    <HD SOURCE="HD3">Requirements in 10 CFR 51.22(c)(25)(v)</HD>
                    <P>The requested exemption constitutes a change to the schedule by which the licensee must submit its subsequent license renewal application and still place the license in timely renewal, which is administrative in nature, and does not impact the probability or consequences of accidents. Thus, there is no significant increase in the potential for, or consequences of, a radiological accident. Therefore, the requirements of 10 CFR 51.22(c)(25)(v) are met.</P>
                    <HD SOURCE="HD3">Requirements in 10 CFR 51.22(c)(25)(vi)</HD>
                    <P>To qualify for a categorical exclusion under 10 CFR 51.22(c)(25)(vi)(G), an exemption must involve scheduling requirements. The requested exemption involves scheduling requirements because it would allow the licensee to submit an application for subsequent license renewal for the PNP less than 5 years prior to the expiration of the existing license, rather than the 5 years specified in 10 CFR 2.109(b), and still place the license in timely renewal under 10 CFR 2.109(b). Therefore, the requirements of 10 CFR 51.22(c)(25)(vi) are met.</P>
                    <P>Based on the above, the NRC concludes that the requested exemption meets the eligibility criteria for a categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need to be prepared in connection with the granting of this exemption request.</P>
                    <HD SOURCE="HD1">IV. Conclusion</HD>
                    <P>Accordingly, the NRC has determined that, pursuant to 10 CFR 54.15 and 10 CFR 50.12, the requested exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances, as defined in 10 CFR 50.12(a)(2), are present. Therefore, the NRC hereby grants the licensee a one-time exemption from 10 CFR 2.109(b) to allow Holtec to submit a subsequent license renewal application for the PNP less than 5 years prior to the expiration of the PNP's renewed facility operating license, but no later than March 24, 2028.</P>
                    <P>The decision to issue Holtec an exemption from 10 CFR 2.109(b) does not constitute approval of the subsequent license renewal application that Holtec intends to submit by March 24, 2028. Rather, this exemption provides that if Holtec submits an application by March 24, 2028, and the application is sufficient for docketing, the licensee will receive timely renewal protection under 10 CFR 2.109(b) while the NRC evaluates that application. Should the application be docketed, the NRC will provide an opportunity for the public to seek a hearing and will review the application using its normal license renewal review processes and standards to determine whether the application meets all applicable regulatory requirements.</P>
                    <P>This exemption is effective upon issuance.</P>
                    <P>Dated: February 10, 2026.</P>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <P>/RA/</P>
                    <FP>Michele Sampson,</FP>
                    <FP>
                        <E T="03">Director, Division of New and Renewed Licenses, Office of Nuclear Reactor Regulation.</E>
                    </FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03169 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket No. 50-352; NRC 2026-0859]</DEPDOC>
                <SUBJECT>Constellation Energy Generation, LLC; Limerick Generating Station, Unit 1; License Amendment Application; Partial Withdrawal by Applicant</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Nuclear Regulatory Commission (NRC) has granted the request of Constellation Energy Generation, LLC (Constellation, the licensee) to withdraw the portion of its application dated August 8, 2025, as supplemented by letter dated August 15, 2025, that proposed an amendment to Renewed Facility Operating License No. NPF-39. The licensee withdrew its request to modify the facility technical specifications to allow a one-time extension to performing the containment integrated leakage rate test, which is required to be performed every 15 years.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This document was published in the 
                        <E T="04">Federal Register</E>
                         on February 18, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2026-0859 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2026-0859. Address questions about Docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Bridget Curran; telephone: 301-415-1003; email: 
                        <E T="03">Bridget.Curran@nrc.gov.</E>
                         For technical questions, contact the individual(s) listed in the 
                        <E T="02">For Further Information Contact</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                         You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                        <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                         To begin the search, select “Begin ADAMS Public Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                        <E T="03">PDR.Resource@nrc.gov.</E>
                         The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                        <E T="03">PDR.Resource@nrc.gov</E>
                         or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Audrey L. Klett, Office of Nuclear Reactor Regulation, U.S. Nuclear 
                        <PRTPAGE P="7546"/>
                        Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0489; email: 
                        <E T="03">Audrey.Klett@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The NRC has granted Constellation's request dated January 30, 2026 (ADAMS Accession No. ML26030A249), to withdraw the portions of its application dated August 8, 2025 (non-public), as supplemented by letter dated August 15, 2025 (ADAMS Accession No. ML25227A183), that are applicable to Renewed Facility Operating License No. NPF-39 for the Limerick Generating Station, Unit 1, located in Limerick, Pennsylvania. The licensee's supplement dated August 15, 2025, is a publicly available version of the application dated August 8, 2025, which contains personally identifiable information.</P>
                <P>The licensee requested the NRC to modify the facility technical specifications to allow a one-time extension to performing the containment integrated leakage rate test, which is required to be performed every 15 years. The portions of the request that are applicable to Renewed Facility Operating License No. NPF-85 for the Limerick Generating Station, Unit 2, have not been withdrawn.</P>
                <P>
                    A notice of consideration of issuance and proposed no significant hazards consideration determination for the license amendment request was published in the 
                    <E T="04">Federal Register</E>
                     (90 FR 61169) on December 30, 2025.
                </P>
                <SIG>
                    <DATED>Dated: February 13, 2026.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Audrey Klett,</NAME>
                    <TITLE>Senior Project Manager, Plant Licensing Branch I, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03163 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2025-2161]</DEPDOC>
                <SUBJECT>Duke Energy Carolinas, LLC; Belews Creek; Early Site Permit Application</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; receipt.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Nuclear Regulatory Commission (NRC) is providing public notice each week, for four consecutive weeks, of receipt and availability of an application for an early site permit (ESP) from Duke Energy Carolinas, LLC for the Belews Creek site located in Stokes County, North Carolina.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>February 18, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2025-2161 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2025-2161. Address questions about Docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Bridget Curran; telephone: 301-415-1003; email: 
                        <E T="03">Bridget.Curran@nrc.gov.</E>
                         For technical questions, contact the individual(s) listed in the 
                        <E T="02">For Further Information Contact</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                         You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                        <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                         To begin the search, select “Begin ADAMS Public Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                        <E T="03">PDR.Resource@nrc.gov.</E>
                         The Belews Creek Early Site Permit Application package is available in ADAMS under Accession No. ML25364A004.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                        <E T="03">PDR.Resource@nrc.gov</E>
                         or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Emmanuel Sayoc, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-4084; email: 
                        <E T="03">Emmanuel.Sayoc@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Discussion</HD>
                <P>
                    On December 30, 2025, Duke Energy Carolinas, LLC filed with the NRC, pursuant to Section 103 of the Atomic Energy Act and part 52 of title 10 of the 
                    <E T="03">Code of Federal Regulations</E>
                     (10 CFR), “Licenses, Certifications, and Approvals for Nuclear Power Plants,” an application for an ESP for the Belews Creek site located in Stokes County, North Carolina. By issuance of 
                    <E T="04">Federal Register</E>
                     notice of Receipt and Availability on January 7, 2026, (91 FR 542), and in ADAMS under Accession No. ML25352A121, the staff also acknowledged receipt of the application.
                </P>
                <P>In accordance with subpart A of 10 CFR part 52, “Early Site Permits,” an applicant may seek an ESP separate from the filing of an application for a construction permit (CP) or combined license (COL). The ESP process allows resolution of issues relating to siting. At any time during the period of an ESP, the ESP holder may reference the ESP in an application for a CP or COL. These notices are being provided in accordance with the requirements in10 CFR 50.43(a)(3).</P>
                <P>
                    A subsequent 
                    <E T="04">Federal Register</E>
                     notice will be published addressing the acceptability of the tendered ESP application for docketing and provisions for participation of the public in the ESP process.
                </P>
                <SIG>
                    <DATED>Dated: January 29, 2026.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Michelle Hayes,</NAME>
                    <TITLE>Chief, Licensing and Regulatory Infrastructure Branch, Division of New and Renewed Licenses, Office of Nuclear Reactor Regulation.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03139 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket No. CP2024-531]</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>
                         February 23, 2026.
                    </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>
                <PRTPAGE P="7547"/>
                <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.
                </P>
                <HD SOURCE="HD1">II. Public Proceeding(s)</HD>
                <P>
                    1. 
                    <E T="03">Docket No(s).:</E>
                     CP2024-531; 
                    <E T="03">Filing Title:</E>
                     USPS Request Concerning Amendment One to Priority Mail Express, Priority Mail &amp; USPS Ground Advantage Contract 231, with Materials Filed Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     February 12, 2026; 
                    <E T="03">Filing Authority:</E>
                     39 CFR 3035.105 and 39 CFR 3041.505; 
                    <E T="03">Public Representative:</E>
                     Kenneth Moeller; 
                    <E T="03">Comments Due:</E>
                     February 23, 2026.
                </P>
                <HD SOURCE="HD1">III. Summary Proceeding(s)</HD>
                <P>None. See Section II for public proceedings.</P>
                <P>
                    This Notice will be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Danielle LeFlore,</NAME>
                    <TITLE>Alternate Federal Register Liaison.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03208 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-FW-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 35952; File No. 812-15965]</DEPDOC>
                <SUBJECT>Investcorp US Private Credit BDC II and CM Investment Partners LLC</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of an application under Section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from Sections 18(a)(2), 18(c), 18(i), and 61(a) of the Act.</P>
                <P>
                    <E T="03">Summary of Application:</E>
                     Applicants request an order to permit certain registered closed-end investment companies that have elected to be regulated as business development companies to issue multiple classes of shares with varying sales loads and asset-based distribution and/or service fees.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Investcorp US Private Credit BDC II and CM Investment Partners LLC.
                </P>
                <P>
                    <E T="03">Filing Date:</E>
                     The application was filed on January 5, 2026.
                </P>
                <P>
                    <E T="03">Hearing or Notification of Hearing:</E>
                     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. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern time, on March 9, 2026, and should be accompanied by proof of service on 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>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Suhail A. Shaikh, Investcorp US Private Credit BDC II, 
                        <E T="03">sshaikh@investcorp.com,</E>
                         and copies to: Harry S. Pangas, Esq., Dechert LLP, 
                        <E T="03">alexander.karampatsos@dechert.com,</E>
                         and Alexander C. Karampatsos, Esq., Dechert LLP, 
                        <E T="03">alexander.karampatsos@dechert.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Trace W. Rakestraw, Senior Counsel at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' Application, dated January 5, 2026, 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/search-filings.</E>
                </P>
                <P>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. 2026-03122 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7548"/>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-104833; File No. SR-LTSE-2026-05]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Fee Schedule With Respect to the Co-Lead Incentive</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    Pursuant to the provisions of Section 19(b)(1) under the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on January 30, 2026, Long-Term Stock Exchange, Inc. (“LTSE” 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>
                         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 Securities and Exchange Commission (“Commission”) a proposed rule change to amend the LTSE Fee Schedule with respect to the Co-Lead Incentive rebates (“Co-Lead Incentives”) to adopt a month-based qualification and prospective rebate framework to provide fee transparency in compliance with Rule 610(d) of Regulation NMS, as amended.</P>
                <P>
                    The text of the proposed rule change is available at the Exchange's website at 
                    <E T="03">https://longtermstockexchange.com/,</E>
                     and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement on 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 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 Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>The purpose of the proposed rule change is to enhance the clarity, transparency, and operability of the Exchange's Co-Lead Incentive program, while continuing to promote displayed liquidity, improved execution quality, and market quality on the Exchange.</P>
                <P>To comply with Rule 610(d) of Regulation NMS, as amended, the Exchange is adopting a month-based qualification and rebate framework under which a Member's eligibility for Co-Lead Incentives is determined based on its quoting activity during a month, and any applicable rebates are applied to qualifying executions during the immediately following month. This structure introduces a clear and predictable one-month look-back between qualification and rebate application, ensuring that Members have advance notice of the rebates that may apply to their trading activity.</P>
                <P>
                    The Exchange is adopting this framework to comply with the Commission's recently adopted fee transparency rule, which requires national securities exchanges to ensure that fees and rebates are clearly disclosed and not applied in a manner that is retroactive or otherwise opaque. By separating the month in which qualification is measured from the month in which rebates are applied, the Exchange eliminates any potential ambiguity regarding when a Member earns and receives rebates.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The Co-Lead Incentive of $0.0040 per share remains unchanged.
                    </P>
                </FTNT>
                <P>
                    The calculation for determining whether a Member qualifies for the Co-Lead Incentive remains unchanged. However, the Exchange is now adopting a provision addressing the timing of when the Co-Lead Incentives are applied. This provision states, if, based on such calculation, a Member satisfies the quoting requirement for a given calendar month, that calendar month shall be deemed a Qualification Month 
                    <SU>4</SU>
                    <FTREF/>
                     for the purposes of the Co-Lead Incentive, and the Member will be eligible to receive the applicable Co-Lead Incentive during the following calendar month.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The term “Qualification Month” shall mean a calendar month used by the Exchange to determine that a Member satisfied the quoting requirement and therefore qualifies for the Co-Lead Incentive in the following month. The applicable Co-Lead Incentive will apply to all executions of securities priced at or above $1 (excluding LIP Enhanced Securities) by that Member during the following calendar month.
                    </P>
                </FTNT>
                <P>The proposed rule change also reduces the number of securities in which a Member must satisfy the quoting requirement during the Qualification Month from 2000 to 1000 securities. The Exchange believes this adjustment will encourage broader participation in the program by lowering operational barriers to entry, while continuing to require meaningful and sustained displayed liquidity contributions across a diversified set of securities.</P>
                <HD SOURCE="HD3">(b) Statutory Basis</HD>
                <P>
                    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,
                    <SU>5</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4) of the Act,
                    <SU>6</SU>
                    <FTREF/>
                     in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among all of its Members and issuers and other persons using its facilities; Section 6(b)(5) of the Act,
                    <SU>7</SU>
                    <FTREF/>
                     which requires, among other things, that the rules of the Exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and to protect investors and the public interest and are not designed to permit unfair discrimination 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).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C.78f(b)(5).
                    </P>
                </FTNT>
                <P>The proposed Co-Lead framework is reasonable because it ties rebates to a Member's demonstrated quoting activity during a month and applies those rebates prospectively during the following month. This structure promotes transparency and ensures that Members can understand in advance the pricing that will apply to its trading activity.</P>
                <P>The proposal is equitably allocated and not unfairly discriminatory because the quoting requirement and rebates are applied uniformly to all Members that choose to participate in the program and satisfy the objective eligibility requirements. No Member is required to participate in Co-Lead, and any Member that meets the quoting requirements during a Qualification Month is eligible to receive the Co-Lead Incentive during the following month.</P>
                <PRTPAGE P="7549"/>
                <P>The Exchange further believes that adopting a one-month look-back between qualification and rebate application is consistent with the Act because it enhances fee transparency and avoids pricing uncertainty, consistent with Commission guidance and recently adopted fee transparency requirements applicable to national securities exchanges.</P>
                <P>Finally, the Exchange believes that reducing the number of securities required to satisfy the quoting requirement is consistent with the Act because it encourages broader participation in a liquidity-enhancing program without diminishing the requirement that participating Members provide meaningful displayed liquidity.</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 does not believe that the proposed rule change would 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>The proposed changes apply uniformly to all Members and are designed to promote transparency, predictability, and participation in a liquidity-enhancing program. The revised Co-Lead framework does not limit a Member's ability to access or trade on the Exchange.</P>
                <P>The Exchange operates in a highly competitive environment in which market participants can readily direct order flow to competing venues if they deem pricing or incentives to be unattractive. The Exchange therefore believes that the proposed rule change will enhance, rather than burden, competition by encouraging broader participation in Co-Lead and improving displayed liquidity and market quality on the Exchange.</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>
                    This proposed rule change establishes dues, fees or other charges among its members and, as such, may take effect upon filing with the Commission pursuant to Section 19(b)(3)(A)(ii) of the Act 
                    <SU>9</SU>
                    <FTREF/>
                     and paragraph (f)(2) of Rule 19b-4 thereunder.
                    <SU>10</SU>
                    <FTREF/>
                     Accordingly, the proposed rule change would take effect upon filing with the Commission.
                </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(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 the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would otherwise further the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.</P>
                <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-LTSE-2026-05 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to File Number SR-LTSE-2026-05. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of LTSE and on its internet website at 
                    <E T="03">https://longtermstockexchange.com/.</E>
                     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-LTSE-2026-05 and should be submitted on or before March 11, 2026.
                </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. 2026-03130 Filed 2-17-26; 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. 34-104836; File No. SR-MIAX-2026-07]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Exchange Fee Schedule To Amend Non-Transaction Fees</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    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/>
                     notice is hereby given that on January 30, 2026, Miami International Securities Exchange, LLC (“MIAX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend the MIAX Options Exchange Fee Schedule (the “Fee Schedule”) to update various non-transaction fees that have not been changed in a number of years to be comparable to fees charged by other like exchanges for similar products.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/all-options-exchanges/rule-filings</E>
                     and at MIAX's principal office.
                </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 
                    <PRTPAGE P="7550"/>
                    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 first launched operations in December 2012 to attract order flow and encourage market participants to experience the high determinism and resiliency of the Exchange's trading Systems.
                    <SU>3</SU>
                    <FTREF/>
                     To do so, the Exchange took a pragmatic and thoughtful approach to each fee proposal to encourage and increase participation in its marketplace while being mindful of fee levels charged by other exchanges for similar products and services. The Exchange now proposes to amend various fees for non-transaction related services to be in line with those of other options exchanges and enable it to continue to effectively compete with other exchanges who charge higher non-transaction fees and generate greater revenue. This proposal simply seeks to increase certain fees to reflect current market rates. The Exchange notes that significant portion of the fees for non-transaction related services that are the subject of this filing have not been increased since 2015.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The term “System” means the automated trading system used by the Exchange for the trading of securities. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <P>
                    Specifically, the Exchange proposes to amend the Fee Schedule to amend the following non-transaction fees: (1) monthly Trading Permit 
                    <SU>4</SU>
                    <FTREF/>
                     fees applicable to Electronic Exchange Members (“EEMs”) 
                    <SU>5</SU>
                    <FTREF/>
                     and Market Makers; 
                    <SU>6</SU>
                    <FTREF/>
                     (2) connectivity fees to the primary/secondary facility and disaster recovery facility for Members 
                    <SU>7</SU>
                    <FTREF/>
                     and non-Members; and (3) FIX,
                    <SU>8</SU>
                    <FTREF/>
                     MEI,
                    <SU>9</SU>
                    <FTREF/>
                     Purge,
                    <SU>10</SU>
                    <FTREF/>
                     and FXD 
                    <SU>11</SU>
                    <FTREF/>
                     Port fees.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The term “Trading Permit” means a permit issued by the Exchange that confers the ability to transact on the Exchange. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The term “Electronic Exchange Member” or “EEM” means the holder of a Trading Permit who is not a Market Maker. Electronic Exchange Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         The term “Market Makers” refers to “Lead Market Makers,” “Primary Lead Market Makers,” and “Registered Market Makers” collectively. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The term “Member” means an individual or organization approved to exercise the trading rights associated with a Trading Permit. Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         A FIX Port is an interface with MIAX systems that enables the Port user (typically an Electronic Exchange Member or a Market Maker) to submit simple and complex orders electronically to MIAX. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), footnote 24.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         MIAX Express Interface is a connection to MIAX systems that enables Market Makers to submit simple and complex electronic quotes to MIAX. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), footnote 26. Full Service MEI Ports provide Market Makers with the ability to send Market Maker simple and complex quotes, eQuotes, and quote purge messages to the MIAX System. Full Service MEI Ports are also capable of receiving administrative information. Market Makers are limited to two Full Service MEI Ports per matching engine. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), footnote 27. Limited Service MEI Ports provide Market Makers with the ability to send simple and complex eQuotes and quote purge messages only, but not Market Maker Quotes, to the MIAX System. Limited Service MEI Ports are also capable of receiving administrative information. Market Makers initially receive four Limited Service MEI Ports per matching engine. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), footnote 28.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Purge Ports provide Market Makers with the ability to send quote purge messages to the MIAX System. Purge Ports are not capable of sending or receiving any other type of messages or information. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), footnote 30.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         The FIX Drop Copy Port (“FXD”) is a messaging interface that will provide a copy of real-time trade execution, trade correction and trade cancellation information for simple and complex orders to FIX Drop Copy Port users who subscribe to the service. FIX Drop Copy Port users are those users who are designated by an EEM to receive the information and the information is restricted for use by the EEM only. FXD Port Fees will be assessed in any month the Member is credentialed to use the FXD Port in the production environment. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)iv).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Monthly Trading Permit Fees</HD>
                <P>The Exchange proposes to amend the Fee Schedule to amend the amount of the monthly Trading Permit fees assessed to EEMs and Market Makers.</P>
                <HD SOURCE="HD3">EEMs</HD>
                <P>
                    The Exchange notes that Trading Permit fees for EEMs have not been amended since January 1, 2015.
                    <SU>12</SU>
                    <FTREF/>
                     The Exchange assesses a flat monthly fee of $1,500 per Trading Permit to each EEM. The Exchange now proposes to increase the monthly Trading Permit fee assessed to EEMs from $1,500 to $2,000.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 73957 (December 30, 2014), 80 FR 593 (January 6, 2015) (SR-MIAX-2014-68).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Market Makers</HD>
                <P>
                    The monthly Trading Permit fees for Market Makers have not been amended since May 1, 2015.
                    <SU>13</SU>
                    <FTREF/>
                     Currently, the Exchange assesses monthly Trading Permit fees to Market Makers based on the lesser of either the per class basis or percentage of total national average daily volume (“ADV”) measurements. The amount of the monthly Trading Permit fee is based upon the number of classes in which the Market Maker was assigned to quote on any given day within the calendar month, or upon class volume percentages. The Exchange will assess MIAX Market Makers the monthly Trading Permit fee based on the greatest number of classes listed on MIAX that the Market Maker was assigned to quote in on any given day within a calendar month.
                    <SU>14</SU>
                    <FTREF/>
                     The class volume percentage is based on the total national ADV in classes listed on MIAX in the prior calendar quarter. Newly listed option classes are excluded from the calculation of the monthly Trading Permit fee until the calendar quarter following their listing, at which time the newly listed option classes will be included in both the per class count and the percentage of total national average daily volume
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 74856 (May 1, 2015), 80 FR 26304 (May 7, 2015) (SR-MIAX-2015-31). The Exchange notes that in 2018 the Exchange filed to establish a lower Trading Permit fee rate for Market Makers that were willing to quote the entire Exchange market (or a substantial amount of the Exchange market), as objectively measure by either the number of classes assigned or national average daily volume, but who did not otherwise execute a significant amount of volume on the Exchange. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 82868 (March 13, 2018), 83 FR 12063 (March 19, 2018) (SR-MIAX-2018-08); 
                        <E T="03">see, generally,</E>
                         Fee Schedule, Section 3)b), footnote “*”. However, the standard monthly Trading Permit fee rates have remain unchanged since 2015.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Pursuant to Exchange Rule 602(a), the Board or a committee designated by the Board shall appoint Market Makers to one or more classes of option contracts traded on the Exchange based on several factors described in the Rule in the best interest of the Exchange to provide competitive markets.
                    </P>
                </FTNT>
                <P>Currently, the Exchange assess the following Trading Permit fees to Market Makers:</P>
                <P>• $7,000 for Market Maker registrations in up to 10 option classes or up to 20% of option classes by national ADV;</P>
                <P>• $12,000 for Market Maker registrations in up to 40 option classes or up to 35% of option classes by ADV;</P>
                <P>• $17,000 for Market Maker registrations in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $22,000 for Market Maker registrations in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX.</P>
                <P>
                    The Exchange also assesses an alternative lower Trading Permit fee to Market Makers who fall within the 3rd and 4th levels of the Market Maker Trading Permit fee table, which levels are described immediately above, if certain volume thresholds are met. This alternative lower Trading Permit fee for Market Makers is set forth in footnote “ * ” that is included in the Market Maker Trading Permit fee table and provides that if the Market Maker's total 
                    <PRTPAGE P="7551"/>
                    monthly executed volume during the relevant month is less than 0.060% of the total monthly executed volume reported by OCC in the market maker account type for MIAX-listed option classes for that month, then the fee will be $15,500 instead of the fee otherwise applicable to such level.
                </P>
                <P>The Exchange now proposes to increase the Trading Permit fees assessed to Market Makers, which, as described above, were last amended over ten years ago in May 2015. In particular, the Exchange proposes to assess the following Trading Permit fees to Market Makers:</P>
                <P>• $9,500 for Market Maker registrations in up to 10 option classes or up to 20% of option classes by national ADV;</P>
                <P>• $16,000 for Market Maker registrations in up to 40 option classes or up to 35% of option classes by ADV;</P>
                <P>• $23,000 for Market Maker registrations in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $29,500 for Market Maker registrations in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX.</P>
                <P>The Exchange also proposes to increase the alternative lower Trading Permit fee to Market Makers who fall within the 3rd and 4th levels of the Market Maker Trading Permit fee table, if certain volume thresholds are met, from $15,500 to $16,000 per month by amending the footnote “ * ” following the Market Maker Trading Permit fee table for these monthly Trading Permit tier levels.</P>
                <HD SOURCE="HD3">System Connectivity Fees</HD>
                <HD SOURCE="HD3">1Gb and 10Gb Network Connectivity Fees</HD>
                <P>Next, the Exchange proposes to amend the Fee Schedule to increase connectivity fees to the primary/secondary and disaster recovery facilities for Members and non-Members. Currently, the Exchange assesses the same amount of connectivity fees to Members and non-Members that connect to the Exchange's primary/secondary facility and disaster recovery facility. In particular, the Exchange assesses the following connectivity fees to Members and non-Members:</P>
                <P>• $1,400 per 1 gigabit (“Gb”) connection to the primary/secondary facility;</P>
                <P>• $550 per 1Gb connection to the disaster recovery facility;</P>
                <P>• $2,750 per 10Gb connection to the disaster recovery facility; and</P>
                <P>• $13,500 per 10Gb ultra-low latency (“ULL”) connection to the primary/secondary facility.</P>
                <P>
                    The Exchange notes that the above fees for 1Gb connectivity and 10Gb to the disaster recovery facility, and 1Gb connectivity to the primary/secondary facilities, have not been increased since December 2019.
                    <SU>15</SU>
                    <FTREF/>
                     The fee for 10Gb ULL connectivity was last increased in January 2023.
                    <SU>16</SU>
                    <FTREF/>
                     The Exchange now propose to amend Sections 5)a)-b) of the Fee Schedule to increase connectivity fees for Members and non-Members. In particular, the Exchange proposes to assess the following connectivity fees to Members and non-Members:
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 87875 (December 31, 2019), 85 FR 770 (January 7, 2020) (SR-MIAX-2019-51).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 96629 (January 10, 2023), 88 FR 2729 (January 17, 2023) (SR-MIAX-2022-50) 
                        <E T="03">and</E>
                         99822 (March 21, 2024), 89 FR 21337 (March 27, 2024) (SR-MIAX-2024-16) (noting that while the proposed fee changes subject to this filing were immediately effective, the proposed fee changes had been effective since January 1, 2023 pursuant to the Exchange's initially filed proposal on December 30, 2022 (
                        <E T="03">i.e.,</E>
                         SR-MIAX-2022-50)).
                    </P>
                </FTNT>
                <P>• $1,500 per 1Gb connection to the primary/secondary facility;</P>
                <P>• $650 per 1Gb connection to the disaster recovery facility;</P>
                <P>• $3,500 per 10Gb connection to the disaster recovery facility; and</P>
                <P>• $15,000 per 10Gb ULL connection to the primary/secondary facility.</P>
                <HD SOURCE="HD3">Port Fees</HD>
                <P>The Exchange proposes to amend the fees for FIX Ports, Full Service MEI Ports, Limited Service MEI Ports, Purge Ports, and FXD Ports. Some of these fees have not been increased since they were first adopted in 2015. Each port provides access to the Exchange's primary and secondary data centers as well as its disaster recovery center for a single fee.</P>
                <HD SOURCE="HD3">FIX Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for FIX Ports, which have not been increased since January 2017. A FIX Port allows Members to submit simple and complex orders electronically to MIAX.
                    <SU>17</SU>
                    <FTREF/>
                     The Exchange currently assesses the following monthly FIX Port fees:
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See supra</E>
                         note 8.
                    </P>
                </FTNT>
                <P>• $550 for the first FIX Port;</P>
                <P>• $350 per port for the second to fifth FIX Ports; and</P>
                <P>
                    • $150 per port for the sixth or more FIX Ports.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         Each FIX Port provides access to all matching engines. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “^”.
                    </P>
                </FTNT>
                <P>The Exchange proposes to increase monthly FIX Port fees as follows:</P>
                <P>• $700 for the first FIX Port;</P>
                <P>• $450 per port for the second to fifth FIX Ports; and</P>
                <P>• $200 per port for the sixth or more FIX Ports.</P>
                <HD SOURCE="HD3">Full Service MEI Ports</HD>
                <P>
                    The Exchange proposes to amend the Full Service MEI Port fees for Market Makers, which have not been increased since June 1, 2015.
                    <SU>19</SU>
                    <FTREF/>
                     Full Service MEI Ports provide Market Makers with the ability to send Market Maker simple and complex quotes, eQuotes, and quote purge messages to the MIAX System. Full Service MEI Ports are also capable of receiving administrative information.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 75140 (June 10, 2015), 80 FR 34480 (June 16, 2015) (SR-MIAX-2015-37).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See supra</E>
                         note 9.
                    </P>
                </FTNT>
                <P>The Exchange assesses the amount of the monthly Full Service MEI Port fees for Market Makers based on the lesser of either the per class basis or percentage of total national ADV measurements. The amount of the monthly Full Service MEI Port fee is based upon the number of classes in which the Market Maker was assigned to quote on any given day within the calendar month, or upon class volume percentages. The Exchange assesses Market Makers the monthly Full Service MEI Port fee based on the greatest number of classes listed on MIAX that the Market Maker was assigned to quote in on any given day within a calendar month. The class volume percentage is based on the total national ADV in classes listed on MIAX in the prior calendar quarter. Newly listed option classes are excluded from the calculation of the monthly Full Service MEI Port fee until the calendar quarter following their listing, at which time the newly listed option classes will be included in both the per class count and the percentage of total national average daily volume. Specifically, the Exchange assesses the following Full Service MEI Port fees to Market Makers:</P>
                <P>• $5,000 for Market Maker assignments in up to 5 option classes or up to 10% of option classes by national ADV;</P>
                <P>• $10,000 for Market Maker assignments in up to 10 option classes or up to 20% of option classes by ADV;</P>
                <P>• $14,000 for Market Maker assignments in up to 40 option classes or up to 35% of option classes by national ADV;</P>
                <P>• $17,500 for Market Maker assignments in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <PRTPAGE P="7552"/>
                <P>• $20,500 for Market Maker assignments in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX.</P>
                <P>The Exchange also provides an alternative lower Full Service MEI Port fee for Market Makers who fall within the 4th and 5th levels of the Market Maker Full Service MEI Port fee table, which levels are described directly above, if certain volume thresholds are met. This alternative lower Full Service MEI Port fee for Market Makers is set forth in footnote “*” in the Market Maker Full Service MEI Port fee table and provides that if the Market Maker's total monthly executed volume during the relevant month is less than 0.060% of the total monthly executed volume reported by OCC in the market maker account type for MIAX-listed option classes for that month, then the fee will be $14,500 instead of the fee otherwise applicable to such level.</P>
                <P>The Exchange now proposes to increase the Full Service MEI Port fees assessed to Market Makers as follows:</P>
                <P>• $6,500 for Market Maker assignments in up to 5 option classes or up to 10% of option classes by national ADV;</P>
                <P>• $13,500 for Market Maker assignments in up to 10 option classes or up to 20% of option classes by ADV;</P>
                <P>• $19,000 for Market Maker assignments in up to 40 option classes or up to 35% of option classes by national ADV;</P>
                <P>• $23,500 for Market Maker assignments in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $27,500 for Market Maker assignments in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX.</P>
                <P>The Exchange also proposes to decrease the alternative lower Full Service MEI Port fee for Market Makers who fall within the 3rd, 4th and 5th levels of the proposed Market Maker Full Service MEI Port fee table, if certain volume thresholds are met, from $14,500 to $13,500 per month by amending footnote “ * ” following the Market Maker Full Service MEI Port fee table.</P>
                <HD SOURCE="HD3">Limited Service MEI Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for Limited Service MEI Ports, which provide Market Makers with the ability to send simple and complex eQuotes and quote purge messages only, but not Market Maker Quotes, to the MIAX System. Limited Service MEI Ports are also capable of receiving administrative information. Market Makers currently receive four free Limited Service MEI Ports per matching engine.
                    <SU>21</SU>
                    <FTREF/>
                     Currently, Market Makers may request additional Limited Service MEI Ports for which MIAX will assess Market Makers $275 per month per additional Limited Service MEI Port for each matching engine. The Exchange proposes to increase the fee for each additional Limited Service MEI Port from $275 to $350 per month per additional Limited Service MEI Port for each matching engine.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See supra</E>
                         note 9.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Purge Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for Purge Ports, which provide Market Makers with the ability to send quote purge messages to the MIAX System. Purge Ports are not capable of sending or receiving any other type of messages or information.
                    <SU>22</SU>
                    <FTREF/>
                     The Exchange proposes to increase the monthly Purge Port fee from $300 per matching engine to $400 per matching engine.
                    <SU>23</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">See supra</E>
                         note 10.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         A Market Maker may request and be allocated two (2) Purge Ports per matching engine to which it connects via a Full Service MEI Port and will be charged the monthly fee per Matching Engine. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)ii).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">FXD Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for FXD Ports, which have not been increased since they were first adopted in September 2015.
                    <SU>24</SU>
                    <FTREF/>
                     A FXD Port means a messaging interface that will provide a copy of real-time trade execution, trade correction and trade cancellation information for simple and complex orders to FIX Drop Copy Port users who subscribe to the service. FXD Port Fees will be assessed in any month the Member is credentialed to use the FXD Port in the production environment.
                    <SU>25</SU>
                    <FTREF/>
                     The Exchange now proposes to increase the monthly fee per FXD Port from $500 to $675.
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 75735 (August 19, 2015), 80 FR 51641 (August 25, 2015) (SR-MIAX-2015-52).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See supra</E>
                         note 11.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         Each FXD Port provides access to all matching engines. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)iv), footnote 31.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Implementation</HD>
                <P>
                    The Exchange issued an alert publicly announcing the proposed fees on October 14, 2025 and a reminder alert on December 19, 2025.
                    <SU>27</SU>
                    <FTREF/>
                     The fees subject to this proposal are immediately effective.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">See</E>
                         Fee Change Alert, MIAX Options, Pearl Options and Emerald Options—January 1, 2026 Non-Transaction Fee Changes (dated October 14, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/alert/2025/10/14/miax-options-pearl-options-and-emerald-options-exchanges-january-1-2026-non-1?nav=all and</E>
                         Fee Change Alert, MIAX Options, Pearl Options and Emerald Options Exchanges—Reminder: January 1, 2026 Non-Transaction Fee Changes (dated December 19, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/alert/2025/12/19/miax-options-pearl-options-and-emerald-options-exchanges-reminder-january-1-1?nav=all.</E>
                    </P>
                </FTNT>
                <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>28</SU>
                    <FTREF/>
                     of the Act in general, and furthers the objectives of Section 6(b)(4) 
                    <SU>29</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. Additionally, the Exchange believes that the proposed fees are consistent with the objectives of Section 6(b)(5) 
                    <SU>30</SU>
                    <FTREF/>
                     of the Act in that they are designed 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 a free and open market and national market system, and, in general, to protect investors and the public interest, and, particularly, are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">The Proposed Fees are Reasonable and Comparable to the Fees Charged By Other Exchanges for Similar Products and Services</HD>
                <P>
                    <E T="03">Overall.</E>
                     The proposed fees are comparable to those of other options exchanges. The Exchange compared the fees proposed herein to the fees charged by other options exchanges for similar products or services. A more detailed discussion of the comparison follows: 
                    <SU>31</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         The fee amounts listed in each table provided in the Statutory Basis section of this filing that pertain to the Exchange are the proposed new rates for each product or service.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">EEM Trading Permit Fees</HD>
                <P>
                    The proposed Trading Permit fee for EEMs are lower than the trading permit fees charged by Cboe Exchange, Inc. (“Cboe”), as summarized in the table below.
                    <PRTPAGE P="7553"/>
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">Monthly fee</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>EEM Trading Permit</ENT>
                        <ENT>$2,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Electronic Access Permit</ENT>
                        <ENT>3,000</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe Fee Schedule, Electronic Trading Permit Fees section, page 6, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe.</E>
                     Cboe charges higher trading permit fees than the Trading Permit fees proposed by the Exchange for EEMs. Cboe's Electronic Access Permit is analogous to the Exchange's Trading Permits for EEMs. In general, a Trading Permit is a permit issued by the Exchange that confers the ability to transact on the Exchange.
                    <SU>32</SU>
                    <FTREF/>
                     EEMs are assessed the monthly Trading Permit fee in order to transact on the Exchange on behalf of their customers or to conduct proprietary trading. Likewise, Cboe's Electronic Access Permits entitle the holder to access Cboe.
                    <SU>33</SU>
                    <FTREF/>
                     Like Trading Permit Holders on the Exchange, Electronic Access Permit holders must be broker-dealers registered with Cboe and are allowed transact on Cboe.
                    <SU>34</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         Cboe Fee Schedule, Electronic Trading Permit Fees section, page 6, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf.</E>
                         The Exchange notes that Cboe differentiates between electronic access permits for clearing firms and electronic exchange member firms and charges a trading permit fee of $2,000 per month for Clearing TPH Permits, which is the same rate for a Trading Permit as proposed by the Exchange for EEMs that act as Clearing Members. 
                        <E T="03">See id.</E>
                         The term “Clearing Member” means a Member that has been admitted to membership in the Clearing Corporation pursuant to the provisions of the rules of the Clearing Corporation. 
                        <E T="03">See</E>
                         Exchange Rule 100. The term “Clearing Corporation” means The Options Clearing Corporation (“OCC”). 
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         Cboe Rulebook, Chapter 3, Rules 3.2-3.3.
                    </P>
                </FTNT>
                <P>Cboe charges a higher trading permit fee for Electronic Access Permits than the Trading Permit fee proposed by the Exchange for EEMs. Cboe charges a flat $3,000 per Electronic Access Permit per month, while the Exchange proposes to charge a flat $2,000 per EEM Trading Permit per month, lower than Cboe's flat $3,000 fee.</P>
                <HD SOURCE="HD3">Market Maker Trading Permit Fees</HD>
                <P>
                    The proposed Trading Permit 
                    <SU>35</SU>
                    <FTREF/>
                     fees for Market Makers are similar to the Trading Permit fees charged by NYSE American LLC (“NYSE American”), as summarized in the table below.
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         Similar to NYSE American, the Exchange assesses the monthly Trading Permit fee on a per-Member basis, not to each individual person within the Member.
                    </P>
                </FTNT>
                <GPOTABLE COLS="5" OPTS="L2,nj,tp0,p1,8/9,i1" CDEF="s50,r50,10,r50,r75">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25">Exchange</ENT>
                        <ENT>Type of product/service</ENT>
                        <ENT A="02">Monthly fee</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>Market Maker Trading Permit</ENT>
                        <ENT>$9,500</ENT>
                        <ENT>Up to 10 Classes</ENT>
                        <ENT>Up to 20% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>16,000</ENT>
                        <ENT>Up to 40 Classes</ENT>
                        <ENT>Up to 35% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>23,000</ENT>
                        <ENT>Up to 100 Classes</ENT>
                        <ENT>Up to 50% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>29,500</ENT>
                        <ENT>Over 100 Classes</ENT>
                        <ENT>Over 50% of Classes by volume up to all Classes on MIAX Options (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            NYSE American 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Options Market Maker ATPs</ENT>
                        <ENT>8,000</ENT>
                        <ENT A="L01">1st ATP: 60 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>6,000</ENT>
                        <ENT A="L01">2nd ATP: 150 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>5,000</ENT>
                        <ENT A="L01">3rd ATP: 500 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>4,000</ENT>
                        <ENT A="L01">4th ATP: 1,100 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>3,000</ENT>
                        <ENT A="L01">5th ATP: all issues traded.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>2,000</ENT>
                        <ENT A="L01">6th to 9th ATP: all issues traded.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>500</ENT>
                        <ENT A="L01">10th or more ATPs: all issues traded.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.A., 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">NYSE American.</E>
                     NYSE American charges similar trading permit fees for its market makers as the Trading Permit fees proposed by the Exchange for its Market Makers. In general, a Trading Permit is a permit issued by the Exchange that confers the ability to transact on the Exchange.
                    <SU>36</SU>
                    <FTREF/>
                     Each registered Market Maker is assessed a monthly Trading Permit fee in order to appoint a qualified person (or persons) to act as a Registered Option Trader (“ROT”) 
                    <SU>37</SU>
                    <FTREF/>
                     pursuant to the Exchange's Rules and fulfill the Market Maker's obligations to act as a specialist on the Exchange.
                    <SU>38</SU>
                    <FTREF/>
                     The Exchange assesses Trading Permit fees based on the lesser of either the per class basis or percentage of total national average daily volume measurement. A “class” of options means all option contracts covering the same underlying security.
                    <SU>39</SU>
                    <FTREF/>
                     NYSE American's market maker ATP 
                    <SU>40</SU>
                    <FTREF/>
                     fee is analogous to the Exchange's Trading Permit fees for Market Makers, which is a monthly fee in order to transact on NYSE American for the purpose of making markets in options contracts.
                    <SU>41</SU>
                    <FTREF/>
                     NYSE American assesses its ATP fees based on the number of issues 
                    <SU>42</SU>
                    <FTREF/>
                     in their appointment. The Exchange and NYSE American provide for different numbers 
                    <PRTPAGE P="7554"/>
                    of option classes included in each tier of their respective trading permit fee structures due to their own business and competitive reasons. The Exchange provides fewer options class assignments for each Trading Permit tier because it believes this structure best represents the Market Makers that trade on the Exchange. NYSE American, on the other hand, provides significantly more “issues” or options classes in each ATP tier in order to “properly [incentivize] Market Makers to quote in a broad range of options, including less liquid and active names . . .” 
                    <SU>43</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         An ROT is permitted to enter quotes and orders only for the account of the Market Maker with which he is associated. 
                        <E T="03">See</E>
                         Exchange Rule 601(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         
                        <E T="03">See, generally,</E>
                         Chapter VI of the Exchange's Rules.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         An “ATP” or “ATP Holder” is a registered Broker-Dealer who is a permit holder on NYSE American, per NYSE American Rule 900.2NY(4),(5). 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Key Terms and Definitions section, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         
                        <E T="03">See, generally,</E>
                         NYSE American Rule 923NY.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         An “issue” means an options class. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 67764 (August 31, 2012), 77 FR 55254 (September 7, 2012) (SR-NYSEMKT-2012-44) (changing the calculation of trading permit fees to be based on the “number of option classes in [a NYSE Amex Options Market Maker's] electronic trading appointment. . .” and then using the term “issue” in the tiers of ATP fees).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>43</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    NYSE American charges similar trading permit fees to its ATPs as proposed by the Exchange herein for the Exchange's Market Makers. NYSE American charges all Options Market Makers 
                    <SU>44</SU>
                    <FTREF/>
                     tiered trading permit fees based on the number of issues permitted in an Options Market Maker's quoting assignment.
                    <SU>45</SU>
                    <FTREF/>
                     NYSE American provides tiered ATP fees ranging from $8,000 to $26,000 due to the cumulative nature of the fee,
                    <SU>46</SU>
                    <FTREF/>
                     which amount could be significantly higher if a market maker purchases six or more ATPs, while the Exchange provides tiered Trading Permit fees ranging from $9,500 to $29,500 (as proposed), based on the lesser of either the per class basis or percentage of total national ADV measurements. The Exchange offers even greater savings to Market Makers as it provides a reduced Trading Permit fee of $16,000 (as proposed) for Market Makers if their total monthly executed volume during the relevant month is less than 0.060% of the total monthly executed volume reported by OCC in the market maker account type for MIAX-listed option classes for that month, which still allows these Market Makers to quote the entire market (or close to the entire market). NYSE American does not offer reduced fees for its Options Market Makers that only quote in certain classes compared to those that quote the entire market. NYSE American actually charges higher fees for Options Market Makers that transacts in certain options classes, which fees add to the ATP fees described above.
                    <SU>47</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>44</SU>
                         A “Market Maker” refers to an ATP Holder that acts as a Market Maker pursuant to NYSE American Rule 920NY and is referred to as an “NYSE AMERICAN Options Market Maker” in the NYSE American Fee Schedule. 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Preface, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>45</SU>
                         NYSE American charges ATP fees based on the maximum number of ATPs held during the month. The “bottom 45%” refers to the least actively traded issues on NYSE American, ranked by industry volume, as reported by the OCC for each issue during the calendar quarter. 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.A., 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>46</SU>
                         This was calculated by adding the monthly fees for the first five ATPs that a market maker would be required to purchase in order to quote the entire NYSE American market (
                        <E T="03">i.e.,</E>
                         $8,000 + $6,000 + $5,000 + $4,000 + $3,000).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>47</SU>
                         
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.D. Premium Product fees (assessing an additional monthly fee of $1,000 per product to NYSE American Options Market Makers that transact in premium products, such SPY, APPL, etc., capped at $7,000 per month).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Network Connectivity Fees (Disaster Recovery Facility)</HD>
                <P>The proposed network connectivity fees to the Exchange's disaster recovery facility for Members and non-Members are lower than the connectivity fees charged by Cboe C2 Exchange, Inc. (“Cboe C2”) for connecting to the Cboe C2 disaster recovery facility, as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">
                            Type of
                            <LI>product/service</LI>
                        </CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per connection)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>1Gb Connectivity (disaster recovery)</ENT>
                        <ENT>$650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Connectivity (disaster recovery)</ENT>
                        <ENT>3,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Physical Port 1Gb (disaster recovery)</ENT>
                        <ENT>2,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Physical Port 10Gb (disaster recovery)</ENT>
                        <ENT>6,000</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Physical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges higher 1Gb and 10Gb connectivity fees to connect to its disaster recovery facility than the Exchange proposes to connect to its disaster recovery facility. Cboe C2's connectivity fees to connect to its disaster recovery facility are analogous to the Exchange's connectivity fees to its disaster recovery facility. In general, the disaster recovery facility is a secondary data center in a separate, geographically diverse location that Exchange participants are able to connect to in order to have redundancy for their trading and market data connections in the event that the Exchange's primary data center operations are disabled. Cboe C2's 1Gb and 10Gb connections to its disaster recovery center allow its members to connect to that data center in the event that Cboe C2's primary data center is no longer operational.
                    <SU>48</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>48</SU>
                         
                        <E T="03">See</E>
                         Cboe BCP/DR Plan Highlights, v1.3, page 2, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_Corporate_BCP-DR.pdf.</E>
                    </P>
                </FTNT>
                <P>Cboe C2 charges higher 1Gb and 10Gb connectivity fees to its disaster recovery facility than the fees proposed by the Exchange herein for connectivity to the Exchange's disaster recovery facility. Cboe C2 charges monthly fees of $2,000 per 1Gb connection and $6,000 per 10Gb connection to its disaster recovery facility. Meanwhile, the Exchange proposes to charge monthly fees of $650 per 1Gb connection and $3,500 per 10Gb connection to its disaster recovery facility.</P>
                <HD SOURCE="HD3">Network Connectivity Fees (Primary/Secondary Facility)</HD>
                <P>
                    The proposed network connectivity fees to the Exchange's primary and secondary facility for Members and non-Members are lower than the connectivity fees charged by Nasdaq BX, Inc. (“Nasdaq BX”) and NYSE American for connectivity to their primary data centers, as summarized in the table below.
                    <SU>49</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>49</SU>
                         The Exchange notes that Nasdaq BX and NYSE America operate on shared infrastructure with their affiliates. As such, one network connection to one exchange provides access to the affiliated exchanges on their shared network. Meanwhile, the Exchange operates on a dedicated 10Gb ULL network that is not shared with its affiliates and therefore, each 10Gb ULL connection only provides connectivity to a single exchange. This is difference with other exchanges is of no consequence because market participants that wish to experience certain latency may elect to purchase multiple connections rather than using one 10 Gb connection to access multiple markets or, in some cases, purchase a more expensive 40 Gb line if available. In addition, those that purchase connections to receive market data need a dedicated connection to each exchange because they are unable to receive market data from multiple markets over a single connection. Also, market participants may choose to not use the single connection to access other markets within an exchange family to avoid incurring other ancillary costs, such as membership, transaction, or other network fees.
                    </P>
                </FTNT>
                <PRTPAGE P="7555"/>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">
                            Type of
                            <LI>product/service</LI>
                        </CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per connection)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>1Gb Connectivity</ENT>
                        <ENT>$1,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Connectivity</ENT>
                        <ENT>15,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq BX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>1Gb Connection</ENT>
                        <ENT>2,750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Ultra Connection</ENT>
                        <ENT>18,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            NYSE American 
                            <SU>b</SU>
                        </ENT>
                        <ENT>10Gb LX LCN Circuit</ENT>
                        <ENT>22,000</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104261 (November 25, 2025), 90 FR 55209 (December 1, 2025) (SR-BX-2025-027).
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         NYSE American Connectivity Fee Schedule, page 12, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/Wireless_Connectivity_Fees_and_Charges.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Nasdaq BX.</E>
                     Nasdaq BX charges higher connectivity fees to its primary data center. Nasdaq BX's 1Gb and 10Gb Ultra fiber connection fees are analogous to the Exchange's 1Gb and 10Gb ULL connectivity fees. In general, the Exchange's 1Gb and 10Gb ULL connectivity fees provide Members and non-Members with access to the Exchange's primary and secondary facilities (
                    <E T="03">i.e.,</E>
                     the live trading platforms and market data systems). Nasdaq BX's 1Gb and 10Gb Ultra fiber connections provide Nasdaq BX participants with the ability to connect directly to Nasdaq BX's trading platforms and market data feeds.
                    <SU>50</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>50</SU>
                         
                        <E T="03">See, generally,</E>
                         Nasdaq Market Connectivity Options web page, 
                        <E T="03">available at https://www.nasdaq.com/solutions/nasdaq-co-location</E>
                         (last visited November 25, 2025).
                    </P>
                </FTNT>
                <P>
                    Nasdaq BX charges higher connectivity fees than the connectivity fees to the primary and secondary facilities proposed by the Exchange herein. Nasdaq BX charges all participants monthly fees of $2,750 per 1Gb connection and $18,500 per 10Gb connection to access its primary data center. Meanwhile, the Exchange proposes to charge Members and non-Members monthly fees of $1,500 per 1Gb connection and $15,000 per 10Gb ULL connection to the Exchange's primary and secondary facilities. Nasdaq BX charges an additional installation fee for each 1Gb or 10Gb connection of $1,650.
                    <SU>51</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>51</SU>
                         
                        <E T="03">See</E>
                         Nasdaq BX, General 8: Connectivity, Section 1(b), Connectivity to the Exchange, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/bx/rules/BX%20General%208.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">NYSE American.</E>
                     NYSE American charges higher 10Gb connectivity fees to its primary data center. NYSE American's 10Gb LX LCN Circuit connection fee is analogous to the Exchange's 10Gb ULL connectivity fee. In general, the Exchange's 10Gb ULL connectivity fee provides Members and non-Members with access to the Exchange's primary and secondary facilities (
                    <E T="03">i.e.,</E>
                     the live trading platforms and market data systems). NYSE American's 10Gb LX LCN Circuit connection provides NYSE American participants with the ability to connect directly to NYSE American trading platforms and market data feeds.
                    <SU>52</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>52</SU>
                         
                        <E T="03">See, generally,</E>
                         NYSE American Connectivity Fee Schedule, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/Wireless_Connectivity_Fees_and_Charges.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    NYSE American charges higher connectivity fees as proposed by the Exchange herein. NYSE American charges all participants a monthly fee of $22,000 per 10Gb LX LCN Circuit connection to access its primary data center. Meanwhile, the Exchange proposes to charge Members and non-Members a monthly fee of $15,000 per 10Gb ULL connection to the Exchange's primary and secondary facilities. NYSE American charges an additional installation fee for each 10Gb LX LCN Circuit connection of $15,000.
                    <SU>53</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>53</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">FIX Port Fees</HD>
                <P>The proposed FIX Port fees are comparable to, or lower than, the similar port fees charged by Cboe BZX Exchange, Inc. (“Cboe BZX”), Cboe C2 and the options trading facility of The Nasdaq Stock Market LLC (“Nasdaq”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>1st FIX Port</ENT>
                        <ENT>$700</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>2nd to 5th FIX Ports</ENT>
                        <ENT>450</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">6th or more FIX Ports</ENT>
                        <ENT>200</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe BZX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Logical Ports</ENT>
                        <ENT>750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>b</SU>
                        </ENT>
                        <ENT>FIX Logical Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>c</SU>
                        </ENT>
                        <ENT>FIX Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe BZX Fee Schedule, Options Logical Port Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/bzx/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>c</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7 Pricing Schedule, Section 3(i)(1), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe BZX.</E>
                     Cboe BZX charges higher Logical Port fees than the FIX Port fees proposed by the Exchange. Cboe BZX's Logical Ports are analogous to the Exchange's FIX Ports. In general, a FIX Port allows an Exchange Member to send simple and complex orders, as well as other messages, to the Exchange using the FIX protocol.
                    <SU>54</SU>
                    <FTREF/>
                     Cboe BZX's Logical Ports allow for order entry and other messages to be sent to Cboe BZX by participants.
                    <SU>55</SU>
                    <FTREF/>
                     Cboe BZX charges higher Logical Port fees than the FIX Port fees proposed by the Exchange herein. Cboe BZX charges a monthly fee of $750 per Logical Port, while the Exchange's highest proposed tier is only $700 per FIX Port per month.
                </P>
                <FTNT>
                    <P>
                        <SU>54</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)i), note 24.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>55</SU>
                         
                        <E T="03">See, generally,</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97 (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges comparable FIX Logical Port fees as the FIX Port fees proposed by the Exchange, although the 
                    <PRTPAGE P="7556"/>
                    Exchange's first FIX Port fee is slightly higher ($700 compared to $650). Cboe C2's FIX Logical Ports are analogous to the Exchange's FIX Ports. In general, a FIX Port allows an Exchange Member to send simple and complex orders and other messages to the Exchange using the FIX protocol.
                    <SU>56</SU>
                    <FTREF/>
                     Cboe C2's FIX Logical Ports allow for order entry and other messages to be sent to Cboe C2 by participants.
                    <SU>57</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>56</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)i), note 24.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>57</SU>
                         
                        <E T="03">See, generally,</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97 (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    Cboe C2 charges comparable FIX Logical Port fees as proposed by the Exchange herein. Cboe C2 charges a monthly fee of $650 per FIX Logical Port, while the Exchange's highest proposed tier is $700 per FIX Port per month. Cboe C2 FIX Logical Port users may incur an additional monthly fee of $650 per port. Cboe C2 provides that for the standard monthly fee of $650 per FIX Logical Port, a user may enter up to 70,000 orders per trading day per port as measured on average in a single month. However, each incremental usage of up to 70,000 per day per FIX Logical Port will incur an additional $650 fee per month.
                    <SU>58</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>58</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                         Incremental usage is determined on a monthly basis based on the average orders per day entered in a single month across all of a market participant's subscribed FIX Ports. 
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges comparable FIX Port fees as the FIX Port fees proposed by the Exchange, although the Exchange's first FIX Port fee is slightly higher ($700 compared to $650). Nasdaq's FIX Ports are analogous to the Exchange's FIX Ports in that they that allow Nasdaq participants to connect, send, and receive messages related to orders to and from Nasdaq, which include the following: (1) execution messages; (2) order messages; and (3) risk protection triggers and cancel notifications.
                    <SU>59</SU>
                    <FTREF/>
                     Nasdaq charges participants $650 per FIX Port per month, while the Exchange's highest proposed tier is $700 per FIX Port per month. Nasdaq charges comparable FIX Port fees as proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>59</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3 Options Trading Rules, Section 7(e)(1)(A).
                    </P>
                </FTNT>
                <P/>
                <HD SOURCE="HD3">Limited Service MEI Port Fees</HD>
                <P>The proposed Limited Service MEI Port (“LSPs”) fees are lower than the similar port fees charged by Nasdaq and Nasdaq MRX, LLC (“Nasdaq MRX”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>Limited Service MEI Port</ENT>
                        <ENT>$350</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>a</SU>
                        </ENT>
                        <ENT>QUO Ports</ENT>
                        <ENT>750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq MRX 
                            <SU>b</SU>
                        </ENT>
                        <ENT>OTTO Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Nasdaq, Options 7: Pricing Schedule, Section 3(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 7: Pricing Schedule, Section 6(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/mrx/rules/MRX%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher Quote Using Order (“QUO”) Port fees than the Limited Service MEI Port fees proposed by the Exchange. The Exchange acknowledges differences between the functionality of its LSPs and that of Nasdaq's QUO Ports; however, the Exchange believes that the fee comparison between LSPs and QUO Ports is relevant as both ports provide a limited subset of functionality as provided by other ports offered by both the Exchange and Nasdaq. In general, Limited Service MEI Ports support all MEI Interface 
                    <SU>60</SU>
                    <FTREF/>
                     input message types,
                    <SU>61</SU>
                    <FTREF/>
                     but do not support bulk Quote entry.
                    <SU>62</SU>
                    <FTREF/>
                     Notifications sent over LSPs between market participants and the Exchange may include the following information: (1) execution notifications, cancel notifications, stock leg execution notifications, and order notifications; (2) administrative messages (
                    <E T="03">i.e.,</E>
                     series updates); (3) risk protection settings and notification updates; and (4) trading status notifications (
                    <E T="03">i.e.,</E>
                     halted).
                    <SU>63</SU>
                    <FTREF/>
                     Nasdaq's QUO Ports allow Nasdaq market makers to connect, send, and receive messages related to single-sided orders to and from Nasdaq.
                    <SU>64</SU>
                    <FTREF/>
                     Messages sent over QUO Ports may include the following: (1) options symbol directory messages (
                    <E T="03">e.g.,</E>
                     underlying); (2) system event messages (
                    <E T="03">e.g.,</E>
                     start of trading hours messages and start of opening); (3) trading action messages (
                    <E T="03">e.g.,</E>
                     halts and resumes); (4) execution messages; (5) order messages; and (6) risk protection triggers and cancel notifications.
                    <SU>65</SU>
                    <FTREF/>
                     Nasdaq charges a monthly fee of $750 per QUO Port, per account number, while the Exchange provides the first four LSPs for free and proposes to charge $350 per additional LSP for each matching engine per month thereafter. Nasdaq charges higher QUO Port fees than the fees proposed by the Exchange herein for LSPs.
                </P>
                <FTNT>
                    <P>
                        <SU>60</SU>
                         The MIAX Express Interface (“MEI”) is a connection to MIAX systems that enables Market Makers to submit simple and complex electronic quotes to MIAX. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)ii), note 26.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>61</SU>
                         
                        <E T="03">See</E>
                         MIAX MEI Interface Specification, Version 2.10a (revision date April 8, 2024), 
                        <E T="03">available at https://www.miaxglobal.com/sites/default/files/job-files/MIAX_Express_Interface_MEI_v2.10a.pdf</E>
                         (providing full description of messages supported by the MEI Interface).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>62</SU>
                         
                        <E T="03">See</E>
                         MIAX Options Exchange User Manual, Version 1.0.0, Section 5.01 (revision date December 12, 2023), 
                        <E T="03">available at https://www.miaxglobal.com/miax_options_user_manual.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>63</SU>
                         
                        <E T="03">See</E>
                         MIAX MEI Interface Specification, Version 2.10a (revision date April 8, 2024), 
                        <E T="03">available at https://www.miaxglobal.com/sites/default/files/job-files/MIAX_Express_Interface_MEI_v2.10a.pdf</E>
                         (providing full description of messages supported by the MEI Interface).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>64</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Options Trading Rules, Section 7(e)(1)(D).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>65</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Options Trading Rules, Section 7(e)(1)(D).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq MRX.</E>
                     Nasdaq charges higher Ouch to Trade Options (“OTTO”) Port fees than the Limited Service MEI Port fees proposed by the Exchange. The Exchange acknowledges differences between the functionality of its LSPs and that of Nasdaq MRX's OTTO Ports; however, the Exchange believes that the fee comparison between LSPs and OTTO Ports is relevant as both ports provide a limited subset of functionality as provided by other ports offered by both the Exchange and Nasdaq MRX. Nasdaq MRX's OTTO Ports allow Nasdaq MRX members to connect, send, and receive messages related to orders, auction orders, and auction responses to Nasdaq MRX.
                    <SU>66</SU>
                    <FTREF/>
                     Messages sent over OTTO Ports include the following: (1) options symbol directory messages (
                    <E T="03">e.g.,</E>
                     underlying and complex instruments); (2) system event messages (
                    <E T="03">e.g.,</E>
                     start of trading hours messages and start of opening); (3) trading action messages 
                    <PRTPAGE P="7557"/>
                    (
                    <E T="03">e.g.,</E>
                     halts and resumes); (4) execution messages; (5) order messages; (6) risk protection triggers and cancel notifications; (7) auction notifications; (8) auction responses; and (9) post trade allocation messages.
                    <SU>67</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>66</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 3: Options Trading Rules, Supplementary Material to Options 3, Section 7, .03(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>67</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 3: Options Trading Rules, Supplementary Material to Options 3, Section 7, .03(b).
                    </P>
                </FTNT>
                <P>Nasdaq MRX charges a monthly fee of $650 per OTTO Port, per account number (with fees for all OTTO Ports, CTI Ports, FIX Ports, FIX Drop Ports and disaster recovery ports subject to a monthly cap of $7,500), while the Exchange provides the first four LSPs for free and proposes to charge $350 per additional LSP for each matching engine per month thereafter. Nasdaq MRX charges higher OTTO Port fees than the fees proposed by the Exchange herein for LSPs.</P>
                <HD SOURCE="HD3">Purge Port Fees</HD>
                <P>The proposed Purge Port fees are comparable to, or lower than, the similar port fees charged by Nasdaq MRX, Cboe C2 and Nasdaq, as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">
                            Type of
                            <LI>product/service</LI>
                        </CHED>
                        <CHED H="1">Monthly fee</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>Purge Ports</ENT>
                        <ENT>$400 per matching engine.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq MRX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>First 5 SQF Purge Ports</ENT>
                        <ENT>1,620 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Next 15 SQF Purge Ports</ENT>
                        <ENT>1,080 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>All SQF Purge Ports over 20</ENT>
                        <ENT>540 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>b</SU>
                        </ENT>
                        <ENT>Purge Ports</ENT>
                        <ENT>850 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>c</SU>
                        </ENT>
                        <ENT>First 5 SQF Purge Ports</ENT>
                        <ENT>1,620 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Next 15 SQF Purge Ports</ENT>
                        <ENT>1,080 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>All SQF Purge Ports over 20</ENT>
                        <ENT>540 per port.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104005 (September 18, 2025), 90 FR 45855 (September 23, 2025) (SR-MRX-2025-20) (new fees effective January 1, 2026).
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>c</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7: Pricing Schedule, Section 3 Nasdaq Options Market—Ports and Other Services, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>The Exchange's comparison to fees charged by other exchanges for similar ports is limited because a thorough comparison would require the Exchange to obtain competitively sensitive information about other exchanges' architecture and how their members connect. However, in a practical sense, the Exchange can surmise that a market participant would require multiple purge ports to access an exchange's entire market as a single port might not connect to all matching engines or provide the latency benefits that the market participant's trading behavior requires. The Exchange does not know the actual number of purge ports needed because it does not have insight into the technical architecture of other exchanges so it is difficult to ascertain the number of purge ports a firm would need to connect to another exchange's entire market. Therefore, the Exchange is limited to comparing its proposed fee to other exchanges' purge port fees as listed in their fee schedules.</P>
                <P>
                    <E T="03">Nasdaq MRX.</E>
                     Nasdaq MRX charges higher Specialized Quote Feed (“SQF”) Purge Port fees than the Purge Port fees proposed by the Exchange. Nasdaq MRX's SQF Purge Ports are analogous to the Exchange's Purge Ports. In general, Purge Ports provide Market Makers with the ability to send quote purge messages to the Exchange, but are not capable of sending or receiving any other type of messages or information.
                    <SU>68</SU>
                    <FTREF/>
                     Nasdaq MRX's SQF Purge Ports allow Nasdaq MRX market makers to send purge requests to the Nasdaq MRX trading system.
                    <SU>69</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>68</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)ii), note 30.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>69</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX Options 3: Trading Rules, Supplementary Material to Options 3, Section 7, .03(c).
                    </P>
                </FTNT>
                <P>
                    Nasdaq MRX charges higher SQF Purge Port fees than the Purge Port fees proposed by the Exchange herein. Nasdaq MRX will charge (beginning January 1, 2026) SQF Purge Port fees as follows: (a) $1,620 per SQF Purge Port per month for the first 5 ports; (b) $1,080 per SQF Purge Port per month for the next 15 ports; and (c) $540 per SQF Purge Port for all ports over 20 ports. The Exchange proposes to charge $400 per Purge Port per matching engine per month. The Exchange chose to charge Purge ports on a per matching engine basis instead of a per port basis due to its System architecture, which provides two (2) Purge Ports per matching engine for redundancy purposes. Market Makers are able to select the matching engines that they want to connect to based on the business needs of each Market Maker and pay the applicable fee based on the number of matching engines and pair of ports utilized.
                    <SU>70</SU>
                    <FTREF/>
                     This architecture provides Market Makers with flexibility to control their Purge Port costs based on the number of matching engines each Marker Maker elects to connect to based on each Market Maker's business needs. Further, the Exchange's monthly Purge Port fee provides access to the Exchange's primary, secondary, and disaster recovery data centers for the single monthly fee. Nasdaq MRX, on the other hand, assesses an additional fee $50 per SQF Purge Port per month, per account number, to access its disaster recovery facility (albeit, Nasdaq MRX currently waives the fee for one SQF Purge Port to the disaster recovery facility per market maker per month).
                </P>
                <FTNT>
                    <P>
                        <SU>70</SU>
                         The Exchange notes that each matching engine corresponds to a specified group of symbols. Certain Market Makers choose to only quote in certain symbols while other Market Makers choose to quote the entire market.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges higher Purge Port fees than the Purge Port fees proposed by the Exchange. Cboe C2's Purge Ports are analogous to the Exchange's Purge Ports. In general, Cboe C2's Purge Ports allow its members the ability to cancel a subset (or all) of open orders across the executing firm's ID, underlying symbol(s), or custom group ID, across multiple logical ports/sessions.
                    <SU>71</SU>
                    <FTREF/>
                     Cboe C2 charges $850 per Purge Port per month, while the Exchange proposes to charge $400 per pair of Purge Ports per matching engine per month. Cboe C2 charges higher 
                    <PRTPAGE P="7558"/>
                    Purge Port fees than the Purge Port fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>71</SU>
                         
                        <E T="03">See</E>
                         Cboe Purge Ports, Frequently Asked Questions, U.S. Options, Version 1.3, 
                        <E T="03">available at https://cdn.cboe.com/resources/features/Cboe_USO_PurgePortsFAQs.pdf</E>
                         (last visited November 5, 2025).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher SQF Purge Port fees than the Purge Port fees proposed by the Exchange. Nasdaq's SQF Purge Ports are analogous to the Exchange's Purge Ports, which allow Nasdaq market makers to send purge requests to the Nasdaq trading system.
                    <SU>72</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>72</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Trading Rules, Section 7(e)(1)(B).
                    </P>
                </FTNT>
                <P>Nasdaq charges higher Purge Port fees than proposed by the Exchange herein. Nasdaq charges tiered SQF Purge Port fees as follows: (a) $1,620 per SQF Purge Port per month for the first 5 ports; (b) $1,080 per SQF Purge Port per month for the next 15 ports; and (c) $540 per SQF Purge Port for all ports over 20 ports. The Exchange proposes to charge a flat $400 per pair of Purge Ports per matching engine per month.</P>
                <HD SOURCE="HD3">FXD Port Fees</HD>
                <P>The proposed FXD Port fees are comparable to the similar port fees charged by Cboe C2 and Nasdaq BX, as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>FXD Ports</ENT>
                        <ENT>$675</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Drop Logical Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>b</SU>
                        </ENT>
                        <ENT>FIX Drop Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7: Pricing Schedule, Section 3 Nasdaq Options Market—Ports and Other Services, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges comparable logical Drop Port fees as the FXD Port fees proposed by the Exchange. Cboe C2's Drop Logical Ports are analogous to the Exchange's FXD Ports. In general, FXD Ports allow the Exchange's market participants to connect their systems with a messaging interface that provides a copy of real-time trade execution, trade correction and trade cancellation information.
                    <SU>73</SU>
                    <FTREF/>
                     Cboe C2's Drop Logical Ports allow its members to receive real-time information about order flow, including execution information (
                    <E T="03">i.e.,</E>
                     filled or partially filled) and cancellation information.
                    <SU>74</SU>
                    <FTREF/>
                     Like the Exchange's FXD Ports, Cboe C2's Drop Logical Ports do not allow the user to submit orders to the exchange. Cboe C2 charges $650 per Drop Logical Port per month, while the Exchange proposes to charge $675 per FXD Port per month. Cboe C2 charges comparable Drop Logical Port fees as the FXD Port fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>73</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)iv).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>74</SU>
                         
                        <E T="03">See</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97, FIX Drop section (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges comparable FIX Drop Port fees as the FXD Port fees proposed by the Exchange. Nasdaq's FIX Drop Ports are analogous to the Exchange's FXD Ports in that they provide a real-time order and execution update message that is sent to a Nasdaq participant after an order has been received or modified or an execution has occurred and contains trade details specific to that participant.
                    <SU>75</SU>
                    <FTREF/>
                     The information provided through the Nasdaq FIX Drop Port includes, among other things, the following: (i) executions; (ii) cancellations; (iii) modifications to an existing order and (iv) busts or post-trade corrections.
                    <SU>76</SU>
                    <FTREF/>
                     Nasdaq charges $650 per FIX Drop Port per month, while the Exchange proposes to charge $675 per FXD Port per month. Nasdaq charges comparable FIX Drop Port fees as the FXD Port fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>75</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Trading Rules, Section 23(b)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>76</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Full Service MEI Port Fees</HD>
                <P>The proposed Full Service MEI Port fees are comparable to the similar port fees charged by Cboe C2, as summarized in the table below.</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,tp0,p1,8/9,i1" CDEF="s50,r50,10,r50,r75">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25">Exchange</ENT>
                        <ENT>Type of product/service</ENT>
                        <ENT A="02">Monthly fee</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MIAX</ENT>
                        <ENT>Market Maker Full Service MEI Port</ENT>
                        <ENT>$6,500</ENT>
                        <ENT>Up to 5 Classes</ENT>
                        <ENT>Up to 10% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>13,500</ENT>
                        <ENT>Up to 10 Classes</ENT>
                        <ENT>Up to 20% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>19,000</ENT>
                        <ENT>Up to 40 Classes</ENT>
                        <ENT>Up to 35% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>23,500</ENT>
                        <ENT>Up to 100 Classes</ENT>
                        <ENT>Up to 50% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>27,500</ENT>
                        <ENT>Over 100 Classes</ENT>
                        <ENT>Over 50% of Classes by volume up to all Classes on MIAX (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Bulk BOE Ports</ENT>
                        <ENT A="L02">$1,500 per port for ports 1 though 5.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT A="L02">$2,500 per port for ports 6 or more.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    The Exchange's comparison to fees charged by other exchanges for similar ports is limited because a thorough comparison would require the Exchange to obtain competitively sensitive information about other exchanges' architecture and how their members connect. However, in a practical sense, the Exchange can surmise that a market participant would require multiple ports to access an exchange's entire market as a single port might not connect to all 
                    <PRTPAGE P="7559"/>
                    matching engines or provide the latency benefits that the market participant's quoting behavior requires. The Exchange does not know the actual number of purge ports needed because it does not have insight into the technical architecture of other exchanges so it is difficult to ascertain the number of ports a firm would need to connect to another exchange's entire market and quote that entire market. Therefore, the Exchange is limited to comparing its proposed fee to other exchanges' port fees as listed in their fee schedules.
                </P>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges similar, or higher, bulk order port fees than the Full Service MEI Port fees proposed by the Exchange. Cboe C2's Bulk BOE Ports are analogous to the Exchange's Full Service MEI Ports. In general, Full Service MEI Ports provide Market Makers with the ability to send simple and complex quotes, eQuotes, and quote purge messages to the MIAX System.
                    <SU>77</SU>
                    <FTREF/>
                     Full Service MEI Ports are also capable of receiving administrative information.
                    <SU>78</SU>
                    <FTREF/>
                     The Exchange's Full Service MEI Ports entitle a Market Maker to two such ports for each matching engine for a single monthly port fee.
                    <SU>79</SU>
                    <FTREF/>
                     The Exchange has twenty-four total matching engines; therefore, for one monthly fee, each Market Maker is provided forty-eight total Full Service MEI Ports (
                    <E T="03">i.e.,</E>
                     two per matching engine multiplied by twenty-four matching engines). Cboe C2's Bulk BOE Ports provide users with the ability to submit single and bulk order messages to enter, modify, or cancel orders and are intended for use by market makers quoting large numbers of simple options series.
                    <SU>80</SU>
                    <FTREF/>
                     Each Bulk BOE Port has access to all of Cboe C2's matching units, which, according to Cboe, typically ranges from 31-35 matching units per Cboe-affiliated exchange.
                    <SU>81</SU>
                    <FTREF/>
                     The Cboe C2 Bulk BOE Port does not provide a Cboe C2 market maker with a port for each matching unit and the Exchange believes that, based on the experience of its own Market Makers, it would not be feasible to quote an entire market with only a single (or handful) of ports; rather, a market maker would likely need to have a port on each matching unit to be able to quote the entire market.
                </P>
                <FTNT>
                    <P>
                        <SU>77</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)ii), note 27.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>78</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)ii), note 27. 
                        <E T="03">See also</E>
                         MIAX Options Exchange User Manual, Version 1.0.0, Section 5.01 (revision date December 12, 2023), 
                        <E T="03">available at https://www.miaxglobal.com/miax_options_user_manual.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>79</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)ii), note 27.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>80</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83201 (May 9, 2018), 83 FR 22546 (May 15, 2018) (SR-C2-2018-006) 
                        <E T="03">and</E>
                         Cboe Titanium U.S. Options Binary Order Entry Version 3 Specification, Version 1.10, page 45 (October 31, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_BOE3_Specification.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>81</SU>
                         
                        <E T="03">See</E>
                         Cboe Titanium U.S. Options Binary Order Entry Version 3 Specification, Version 1.10, page 224 (October 31, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_BOE3_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>The Exchange believes that Cboe C2 charges higher bulk port fees than proposed by the Exchange herein. Cboe C2 charges $1,500 per port for the first five Bulk BOE Ports, and $2,500 per port for each Bulk BOE Port utilized in excess of five ports. The Exchange proposes to charge between $6,500 and $27,500 per month for Full Service MEI Ports for Market Makers, depending on the number of classes assigned or percentage of national ADV. The Exchange's proposed Full Service MEI Port fees for Market Makers provide two such ports for each of the Exchange's twenty-four matching engines, for a total of forty-eight total ports for the monthly fee (between $6,500 and $27,500). For a Cboe C2 member to utilize a Bulk BOE Port on each matching unit, that member would have to purchase between 31 and 35 such ports. As such, the approximated fees for doing so would be between $72,500 (($1,500 per port multiplied by the first five Bulk BOE Ports) + ($2,500 per port multiplied by the next twenty-six Bulk BOE Ports)) and $82,500 (($1,500 per port multiplied by the first five Bulk BOE Ports) + ($2,500 per port multiplied by the next thirty Bulk BOE Ports)).</P>
                <STARS/>
                <P>Each of the above examples of other exchanges' non-transaction fees support the proposition that the Exchange's proposed fees are comparable to those of other exchanges for similar products or services and are, therefore, reasonable.</P>
                <HD SOURCE="HD3">The Proposed Fees Are Equitably Allocated and Not Unfairly Discriminatory</HD>
                <P>
                    <E T="03">Overall.</E>
                     The Exchange believes that its proposed fees are reasonable, equitable, and not unfairly discriminatory because, in sum, they are designed to align fees with services provided by amending them to levels that are comparable to similar fees for services assessed by other equity options exchanges. The Exchange believes that the proposed fees are allocated fairly and equitably among Members and non-Members because they apply to all Members and non-Members equally, and any differences among categories of fees are not unfairly discriminatory and are justified and appropriate.
                </P>
                <P>The Exchange believes that the proposed fees are equitably allocated because they will apply uniformly to all Members and non-Members that choose to purchase a particular service based on their business need. Any Member or non-Member that chooses to purchase a particular product or service is subject to the same Fee Schedule, regardless of what type of business they operate, and the decision to purchase a particular product or service is based on objective differences in usage of the particular product or service among different Members and non-Member, which are still ultimately in the control of any particular Member or non-Member. The Exchange believes the proposed pricing is equitably allocated because of the service's or product's utility and value to market participants as compared to other like exchanges' products and services.</P>
                <P>The Exchange further believes that the proposed fees are reasonable, fair and equitable, and non-discriminatory because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy.</P>
                <P>
                    <E T="03">EEM Trading Permit Fees.</E>
                     The Exchange believes the proposed Trading Permit fee for EEMs is equitably allocated and not unfairly discriminatory because the proposed fee would apply to each EEM in a uniform manner without regard to membership status or the extent of any other business with the Exchange or affiliated entities (
                    <E T="03">i.e.,</E>
                     order flow provider, clearing services, etc.).
                </P>
                <P>
                    <E T="03">Market Maker Trading Permit Fees.</E>
                     The Exchange believes the proposed Trading Permit fees for Market Makers are equitable as the fees apply equally to all Market Makers based upon the number of class registrations or percentage of executed national ADV each month. The Exchange believes that assessing lower fees to Market Makers that quote in fewer classes is equitable because it will allow the Exchange to retain and attract smaller-scale Market Makers, which are an integral component of the options industry marketplace. Since these smaller Market Makers typically utilize less bandwidth and capacity on the Exchange network due to the lower number of quoted classes, the Exchange believes it is equitable to offer Market Makers Trading Permit fee tiers with lower rates based on a lower number of classes assigned or a lower percentage of executed national ADV. In addition, smaller Market Makers who want to quote greater number of classes or a higher percentage of executed national ADV, but have lower volume thresholds, the Exchange believes it is equitable to offer such Market Makers a 
                    <PRTPAGE P="7560"/>
                    lower fee, designated in footnote “*” following the Market Maker Trading Permit fee table.
                </P>
                <P>The Exchange believes it is equitable and not unfairly discriminatory to charge higher Trading Permit fees to Market Makers that quote a higher number of classes or execute higher percentages of volume on the Exchange because the System requires increased performance and capacity in order to provide the opportunity for Market Makers to quote in a higher number of options classes on the Exchange. Specifically, more classes that are actively quoted on the Exchange by a Market Maker will require increased memory for record retention, increased bandwidth for optimized performance, increased functionalities on each application layer, and increased optimization with regard to surveillance and monitoring of such classes quoted. As such, basing the higher Market Maker Trading Permit fees on the greater number of classes quoted in on any given day in a calendar month is equitable and not unfairly discriminatory when considering how the increased number of quoted classes directly impacts the resources required for the Exchange to operate for all market participants.</P>
                <P>
                    <E T="03">Network Connectivity Fees.</E>
                     The Exchange believes that the proposed fees for network connectivity to the primary/secondary facility and disaster recovery facility for Members and non-Members are equitably allocated because they would apply equally to all market participants that choose to purchase such connectivity products and services from the Exchange. Any participant that chooses to purchase the Exchange's connectivity products and services would be subject to the same fees, regardless of what type of business they operate or the use they plan to make of the products and services. Additionally, the fee increases would be applied uniformly to market participants without regard to Exchange membership status or the extent of any other business with the Exchange or affiliated entities.
                </P>
                <P>The Exchange believes that the proposed fees are equitably allocated among anticipated users of the network connectivity as the Exchange expects that users of 10Gb ULL connections will consume substantially more bandwidth and network resources than users of 1Gb connections. It is the experience of the Exchange and its affiliated exchanges that this is the case as 10Gb ULL connection users have historically accounted for more than 99% of message traffic over the network, which drives increased capacity utilization, while the users of the 1Gb connections account for less than 1% of message traffic over the network. In the experience of the Exchange and its affiliates, users of the 1Gb connections do not have the same business needs for the high-performance network as 10Gb ULL users.</P>
                <P>
                    The Exchange's high-performance network and supporting infrastructure (including employee support), provides unparalleled system throughput. To achieve a consistent, premium network performance, the Exchange built out and must now maintain a network that has the capacity to handle the message rate requirements of its most heavy network consumers. These billions of messages per day consume the Exchange's resources and significantly contribute to the overall increase in storage and network transport capabilities. The Exchange must analyze its storage capacity on an ongoing basis to ensure it has sufficient capacity to store these messages to satisfy its record keeping requirements under the Exchange Act.
                    <SU>82</SU>
                    <FTREF/>
                     Given this difference in network utilization rate, the Exchange believes that it is equitable and not unfairly discriminatory that the 10Gb ULL users continue to pay higher network connectivity fees.
                </P>
                <FTNT>
                    <P>
                        <SU>82</SU>
                         17 CFR 240.17a-1 (recordkeeping rule for national securities exchanges, national securities associations, registered clearing agencies and the Municipal Securities Rulemaking Board).
                    </P>
                </FTNT>
                <P>
                    <E T="03">FIX and FXD Port Fees.</E>
                     The Exchange believes that the proposed FIX and FXD Port fees are equitable and non-discriminatory because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy. The proposed fees for each type of port (FIX or FXD) does not depend on any distinctions between Members, customers, broker-dealers, or any other entity. The proposed fee will be assessed solely based on the number of FIX or FXD Ports an entity selects and not on any other distinction applied by the Exchange. The Exchange believes offering a tiered fee structure where the fee for FIX Ports decreases with the number utilized is equitable and not unfairly discriminatory because FIX Ports are used for order entry compared to FXD Ports, which are used to provide messages concerning real-time trade execution, trade correction and trade cancellation information and, in the Exchange's experience, Members tend to utilize fewer such ports overall. Further, the Exchange believes the proposed fees for FIX and FXD Ports are reasonable because for one monthly fee for each port, Members are able to access all matching engines.
                </P>
                <P>
                    <E T="03">Purge Port Fees.</E>
                     The Exchange believes that the proposed Purge Port fees are equitable because Purge Ports are completely voluntary as they relate solely to optional risk management functionality. While the Exchange believes that Purge Ports provide a valuable service, Market Makers can choose to purchase, or not purchase, these ports based on their own determination of the value and their business needs. No Market Maker is required or under any regulatory obligation to utilize Purge Ports. In fact, some market participants, in particular the larger firms, could and do build similar risk functionality in their trading systems that permit the flexible cancellation of quotes entered on the Exchange at a high rate. Accordingly, the Exchange believes that Purge Ports offer appropriate risk management functionality to firms that trade on the Exchange for Market Makers that chose to purchase them.
                </P>
                <P>Purge Ports enhance Market Makers' ability to manage quotes, which, in turn, improves their risk controls to the benefit of all market participants. The Exchange also believes that the proposed Purge Port fees are not unfairly discriminatory because they will apply uniformly to all Market Makers that choose to use the optional Purge Ports. Purge Ports are completely voluntary and, as they relate solely to optional risk management functionality, no Market Maker is required or under any regulatory obligation to utilize them. All Market Makers that voluntarily select this service option will be charged the same amount for the same services based upon the number of matching engines. The Exchange also believes that offering Purge Ports at the matching engine level promotes risk management across the industry, and thereby facilitates investor protection. Offering matching engine level protections ensures that such functionality is widely available to all firms, including smaller firms that may otherwise not be willing to incur the costs and development work necessary to support their own customized mass cancel functionality. As such, the Exchange believes the proposed fees are equitable and not unfairly discriminatory.</P>
                <P>
                    <E T="03">Limited Service MEI Port Fees.</E>
                     The Exchange believes the proposed fee for Limited Service MEI Ports is not unfairly discriminatory because it would apply to all Market Makers equally. All Market Makers remain eligible to receive four free Limited Service MEI Ports per matching engine 
                    <PRTPAGE P="7561"/>
                    and those that elect to purchase more would be subject to the same monthly rate depending upon the number they choose to utilize. In the Exchange's experience, certain Market Makers choose to purchase additional Limited Service MEI Ports based on their own particular trading/quoting strategies and feel they need a certain number of ports to execute on those strategies. Other Market Makers may continue to choose to only utilize the free Limited Service MEI Ports to accommodate their own trading or quoting strategies, or other business models. All Market Makers elect to receive or purchase the amount of Limited Service MEI Ports they require based on their own business decisions and all Market Makers would be subject to the same fee structure. Every Market Maker may receive up to four free Limited Service MEI Ports and those that choose to purchase additional Limited Service MEI Ports may elect to do so based on their own business decisions and would continue to be subject to the same monthly fees.
                </P>
                <P>
                    The Exchange believes that the proposed fee for Limited Service MEI Ports is reasonable, equitable, and not unfairly discriminatory because it is designed to align fees with services provided, will apply equally to all Market Makers that are assigned Limited Service MEI Ports, and minimizes barriers to entry by providing all Market Makers with four free Limited Service MEI Ports. As a result, there are several Market Makers that are not subject to any additional LSP fees. In contrast, other exchanges generally charge in excess of $350 per port (the fee the Exchange proposes to charge for Limited Service MEI Ports) without providing any initial ports for free.
                    <SU>83</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>83</SU>
                         
                        <E T="03">See</E>
                         Nasdaq, Options 7: Pricing Schedule, Section 3(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207</E>
                         (providing zero free ports and charging $750 per QUO Port, which is analogous to the Exchange's Limited Service MEI Ports) 
                        <E T="03">and</E>
                         Nasdaq MRX, Options 7: Pricing Schedule, Section 6(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/mrx/rules/MRX%20Options%207</E>
                         (providing zero free ports and charging $650 per OTTO Port, which is analogous to the Exchange's Limited Service MEI Ports).
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed Limited Service MEI Port fee structure is equitable and not unfairly discriminatory because it will continue to enable Market Makers to access the Exchange with four free ports before the proposed fees for additional Limited Service MEI Ports apply, thereby continuing to encourage order flow and liquidity from a diverse set of Market Makers, facilitating price discovery and the interaction of orders. The Exchange notes that a substantial majority of Market Makers only utilize the four Limited Service MEI Ports provided for no fee. The proposed fees are designed to encourage Market Makers to be efficient with their Limited Service MEI Port usage. There is no requirement that any Market Maker maintain a specific number of Limited Service MEI Ports and a Market Maker may choose to maintain as many or as few of such ports as each Market Maker deems appropriate.</P>
                <P>
                    <E T="03">Full Service MEI Port Fees.</E>
                     The proposed fees for Full Service MEI Ports are not unfairly discriminatory because they would apply to all Market Makers equally. The Exchange's pricing structure for Full Service MEI Ports is similar to the pricing structure used by the Exchange's affiliates, MIAX Pearl, MIAX Emerald, and MIAX Sapphire, for their Full Service MEI/MEO Port fees.
                    <SU>84</SU>
                    <FTREF/>
                     In the Exchange's experience, Members that are frequently in the highest tier for Full Service MEI Ports consume the most bandwidth and resources of the network.
                </P>
                <FTNT>
                    <P>
                        <SU>84</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Fee Schedule, Section 5)d); MIAX Emerald Fee Schedule, Section 5)d)ii); 
                        <E T="03">and</E>
                         MIAX Sapphire Fee Schedule, Section 5)d)ii).
                    </P>
                </FTNT>
                <P>To achieve a consistent, premium network performance, the Exchange must build out and maintain a network that has the capacity to handle the message rate requirements of its most heavy network consumers during anticipated peak market conditions. The need to support billions of messages per day consumes the Exchange's resources and significantly contributes to the overall need to increase network storage and transport capabilities. Thus, as the number of ports a Market Maker has increases, the related pull on Exchange resources may continue to increase.</P>
                <P>
                    The Exchange further believes that the proposed fees are reasonable, equitably allocated and not unfairly discriminatory because, for the flat fee in each tier, the Exchange provides each Member two Full Service MEI Ports for each matching engine to which that Member is connected. Unlike other options exchanges that provide similar port functionality and charge fees on a per port basis,
                    <SU>85</SU>
                    <FTREF/>
                     the Exchange offers Full Service MEI Ports as a package and provides Market Makers with the option to receive up to two Full Service MEI Ports per matching engine to which it connects. The Exchange currently has twenty-four matching engines, which means Market Makers may receive up to forty-eight Full Service MEI Ports for a single monthly fee, which can vary based on certain volume percentages or classes the Market Maker is registered in. Assuming a Market Maker connects to all twenty-four matching engines during the month, and achieves the highest tier for that month, with two Full Service MEI Ports per matching engine, this would result in a cost of approximately $573 per Full Service MEI Port ($27,500 divided by 48, and rounded up to the nearest dollar).
                </P>
                <FTNT>
                    <P>
                        <SU>85</SU>
                         
                        <E T="03">See</E>
                         NASDAQ Pricing Schedule, Options 7, Section 3, Ports and Other Services 
                        <E T="03">and</E>
                         NASDAQ Rules, General 8: Connectivity, Section 1. Co-Location Services (similar to the MIAX Pearl Options' MEO Ports, SQF ports are primarily utilized by Market Makers); ISE Pricing Schedule, Options 7, Section 7, Connectivity Fees 
                        <E T="03">and</E>
                         ISE Rules, General 8: Connectivity; NYSE American Options Fee Schedule, Section V.A. Port Fees 
                        <E T="03">and</E>
                         Section V.B. Co-Location Fees; GEMX Pricing Schedule, Options 7, Section 6, Connectivity Fees 
                        <E T="03">and</E>
                         GEMX Rules, General 8: Connectivity.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed reduced Full Service MEI Port fee for Market Makers that fall within the 3rd, 4th, and 5th levels of the Full Service MEI Port fee table and certain volume thresholds are met is not unfairly discriminatory because this lower monthly fee is designed to provide a lower fixed cost to those Market Makers who are willing to quote the entire Exchange market (or substantial amount of the Exchange market), as objectively measured by either number of classes assigned or national ADV, but who do not otherwise execute a significant amount of volume on the Exchange. The Exchange believes that, by continuing to offer a lower fixed cost to Market Makers that execute less volume, the Exchange will continue to retain and attract smaller-scale Market Makers, which are an integral component of the option industry marketplace, but have been decreasing in number in recent years, due to industry consolidation and lower market maker profitability. The Exchange believes it is beneficial to incentivize these additional Market Makers to register to make markets on the Exchange to increase liquidity as the Exchange begins operations. Increased liquidity from a diverse set of market participants helps facilitate price discovery and the interaction of orders, which benefits all market participants of the Exchange. Since these smaller-scale Market Makers may utilize less Exchange capacity due to lower overall volume executed, the Exchange believes it is reasonable, equitably allocated and not unfairly discriminatory to offer such Market Makers a lower fixed cost. The Exchange notes that its affiliated markets, MIAX Pearl, MIAX Emerald, and MIAX Sapphire, offer a similar reduced fee for their Full Service MEO/
                    <PRTPAGE P="7562"/>
                    MEI Ports for smaller-scale Market Makers.
                    <SU>86</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>86</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Fee Schedule, Section 5)d), note “**”; MIAX Emerald Fee Schedule, Section 5)d)ii), note “▪”; 
                        <E T="03">and</E>
                         MIAX Sapphire Fee Schedule, Section 5)d), note “b”.
                    </P>
                </FTNT>
                <STARS/>
                <P>For all of the foregoing reasons, the Exchange believes that the proposed fees are equitably allocated and not unfairly discriminatory.</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>87</SU>
                    <FTREF/>
                     the Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>87</SU>
                         15 U.S.C. 78f(b)(8).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Intra-Market Competition</HD>
                <HD SOURCE="HD3">EEM Trading Permit Fees</HD>
                <P>The Exchange believes the proposed Trading Permit fee for EEMs does not impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed fee does not favor certain categories of market participants in a manner that would impose a burden on competition. The proposed fee is the same for all EEMs of different sizes and business models without regard to membership status or the extent of any other business with the Exchange or affiliated entities.</P>
                <HD SOURCE="HD3">Market Maker Trading Permit Fees</HD>
                <P>
                    The Exchange believes that the proposed Trading Permit fees for Market Makers do not place certain market participants at a relative disadvantage to other market participants because the proposed fees do not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the fee rates are designed in order to provide objective criteria for Market Makers of different sizes and business models that best matches their order and quoting activity on the Exchange. Further, the Exchange believes that the proposed Market Maker Trading Permit fees will not impose a burden on intra-market competition because, when these fees are viewed in the context of the overall activity on the Exchange, Market Makers: (1) consume the most bandwidth and resources of the network; (2) transact the vast majority of the volume on the Exchange; and (3) require the high touch network support services provided by the Exchange and its staff, including more costly network monitoring, reporting and support services, resulting in a much higher cost to the Exchange. The Exchange notes that the majority of customer demand comes from Market Makers, whose transactions make up a majority of the volume on the Exchange. Further, other member types, 
                    <E T="03">i.e.,</E>
                     EEMs, take up significantly less Exchange resources and costs. As such, the Exchange does not believe charging Market Makers higher Trading Permit fees than other member types will impose a burden on intra-market competition.
                </P>
                <P>The Exchange believes that the increasing fees under the tiered Market Maker Trading Permit fee structure do not impose a burden on intra-market competition because the tiered structure continues to take into account the number of classes quoted by each individual Market Maker or percentage of total national ADV. The Exchange's system requires increased performance and capacity in order to provide the opportunity for each Market Maker to quote in a higher number of options classes on the Exchange. Specifically, the more classes that are actively quoted on the Exchange by a Market Maker requires increased memory for record retention, increased bandwidth for optimized performance, increased functionalities on each application layer, and increased optimization with regard to surveillance and monitoring of such classes quoted. As such, basing the Market Maker Trading Permit fee on the greatest number of classes quoted in on any given day in a calendar month, or percentage of total national ADV, does not impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act when taking into account how the increased number of quoted classes directly impact the costs and resources for the Exchange.</P>
                <HD SOURCE="HD3">Network Connectivity Fees</HD>
                <P>The Exchange believes that the proposed network connectivity fees for Members and non-Members do not place certain market participants at a relative disadvantage to other market participants or affect the ability of such market participants to compete. The proposed fees will apply uniformly to all market participants regardless of the number of 1Gb or 10Gb ULL connections they choose to purchase to the primary/secondary facility or the disaster recovery facility. The proposed fees do not favor certain categories of market participants in a manner that would impose an undue burden on competition.</P>
                <P>The Exchange does not believe that the proposed fees for connectivity services place certain market participants at a relative disadvantage to other market participants because the proposed connectivity pricing is associated with relative usage of the Exchange by each market participant and does not impose a barrier to entry to smaller participants. The Exchange believes its proposed pricing is reasonable and, when coupled with the availability of third-party providers that also offer connectivity solutions, participation on the Exchange is competitive for all market participants, including smaller trading firms. The connectivity services purchased by market participants typically increase based on their additional message traffic and/or the complexity of their operations. The market participants that utilize more connectivity services typically utilize the most bandwidth, and those are the participants that consume the most resources from the network. Accordingly, the proposed fees for connectivity services do not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the allocation of the proposed connectivity fees reflects the network resources consumed by the various size of market participants and the costs to the Exchange of providing such connectivity services.</P>
                <HD SOURCE="HD3">FIX and FXD Port Fees</HD>
                <P>The Exchange believes that the proposed FIX and FXD Port fees do not place certain market participants at a relative disadvantage to other market participants because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy. The proposed fees for each type of port (FIX or FXD) do not depend on any distinctions between Members, customers, broker-dealers, or any other entity. The proposed fee will be assessed solely based on the number of FIX or FXD Ports an entity selects and not on any other distinction applied by the Exchange.</P>
                <HD SOURCE="HD3">Purge Port Fees</HD>
                <P>
                    The Exchange believes that the proposed Purge Port fees do not place certain market participants at a relative disadvantage to other market participants because Purge Ports are completely voluntary as they relate solely to optional risk management functionality. Purge Ports enhance Members' ability to manage orders, which, in turn, improves their risk controls to the benefit of all market participants. Further, the proposed fees 
                    <PRTPAGE P="7563"/>
                    apply uniformly to all Members that choose to use the optional Purge Ports and no Market Maker is required or under any regulatory obligation to utilize them. All Members that voluntarily choose to utilize Purge Ports will be charged the same amount based upon the number of matching engines for each set of Purge Ports in use.
                </P>
                <HD SOURCE="HD3">Limited Service MEI Port Fees</HD>
                <P>The Exchange does not believe its proposed fee for Limited Service MEI Ports will place certain market participants at a relative disadvantage to other market participants. All Market Makers would be eligible to receive four free Limited Service MEI Ports and those that elect to purchase more would be subject to the same monthly fee. All Market Makers purchase the amount of Limited Service MEI Ports they require based on their own business decisions and similarly situated firms are subject to the same fee.</P>
                <HD SOURCE="HD3">Full Service MEI Port Fees</HD>
                <P>The Exchange does not believe proposed fees for Full Service MEI Ports will place certain market participants at a relative disadvantage to other market participants because they would apply to all Market Makers equally depending on the number of classes the Market Maker is registered to quote in or the percentage of national ADV. The Exchange believes the proposed fees will not result in any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because, in the Exchange's experience, Market Makers that are frequently in the highest tier for Full Service MEI Ports consume the most bandwidth and resources of the network.</P>
                <P>The Exchange further believes that the proposed fees do not place certain market participants at the Exchange at a relative disadvantage compared to other market participants or affect the ability of such market participants to compete because, for the flat fee in each tier, the Exchange provides each Market Maker two Full Service MEI Ports for each matching engine to which that Market Maker is connected. Further, the Exchange offers a reduced Full Service MEI Port fee for Market Makers that fall within the 3rd, 4th and 5th levels of the Full Service MEI Port fee table, which lower monthly fee is designed to provide a lower fixed cost to those Market Makers who are willing to quote the entire Exchange market (or substantial amount of the Exchange market), as objectively measured by either number of classes assigned or national ADV, but who do not otherwise execute a significant amount of volume on the Exchange. The Exchange believes that, by continuing to offer a lower fixed cost to Market Makers that execute less volume, the Exchange will continue to retain and attract smaller-scale Market Makers, which are an integral component of the option industry marketplace, but have been decreasing in number in recent years, due to industry consolidation and lower market maker profitability. Accordingly, the Exchange believes the reduced fee will promote competition by incentivizing these additional Market Makers to register to make markets on the Exchange to increase liquidity.</P>
                <HD SOURCE="HD3">Inter-Market Competition</HD>
                <P>The Exchange does not believe that the proposed changes will result in any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act. In contrast, the Exchange believes that, without the fee changes proposed herein, the Exchange is potentially at a competitive disadvantage to certain other exchanges that have in place comparable or higher fees for similar services, as described above. The Exchange believes that non-transaction fees can be used to foster more competitive transaction pricing and additional infrastructure investment and there are other options markets of which market participants may connect to trade options that charge higher or comparable rates as the Exchange for similar services and products. Accordingly, the Exchange does not believe its proposed fee changes impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>Written comments were neither solicited nor received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>88</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>89</SU>
                    <FTREF/>
                     thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>88</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>89</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">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-MIAX-2026-07 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-MIAX-2026-07. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">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-MIAX-2026-07 and should be submitted on or before March 11, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>90</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>90</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03132 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7564"/>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 35953; File No. 812-15917]</DEPDOC>
                <SUBJECT>Pursuit Asset-Based Income Fund, et al.</SUBJECT>
                <DATE>February 12, 2026.</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>
                <P>
                    <E T="03">Summary of Application:</E>
                     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>
                <P>
                    <E T="03">Applicants:</E>
                     Pursuit Asset-Based Income Fund; Pursuit Fund Advisers, LLC; and Pursuit Investment Partners LLC.
                </P>
                <P>
                    <E T="03">Filing Dates:</E>
                     The application was filed on October 14, 2025, and amended on February 11, 2026.
                </P>
                <P>
                    <E T="03">Hearing or Notification of Hearing:</E>
                     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. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern time, on March 9, 2026, 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>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Adam Stern, Pursuit Fund Advisers, LLC, 
                        <E T="03">adam@pursuitfunds.com;</E>
                         and Josh B. Deringer, Esq. and David L. Williams, Esq., Faegre Drinker Biddle &amp; Reath LLP, 
                        <E T="03">joshua.deringer@faegredrinker.com</E>
                         and 
                        <E T="03">david.williams@faegredrinker.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Adam Large, Senior Special Counsel, or Steven Amchan, Senior 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' amended application, filed February 11, 2026, 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/search-filings.</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. 2026-03123 Filed 2-17-26; 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. 34-104829; File No. SR-EMERALD-2026-04]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX Emerald Options Exchange Fee Schedule</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    Pursuant to the provisions of 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 January 30, 2026, MIAX Emerald, LLC (“MIAX Emerald” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange proposes to amend the MIAX Emerald Options Exchange Fee Schedule (the “Fee Schedule”) to amend the alternative Simple Maker (as defined below) rebate for options transactions in Penny classes in Tier 4 for executed Priority Customer 
                    <SU>3</SU>
                    <FTREF/>
                     orders when the contra-side is an Affiliated 
                    <SU>4</SU>
                    <FTREF/>
                     Market Maker 
                    <SU>5</SU>
                    <FTREF/>
                     and certain volume thresholds are met.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         “Priority Customer” means a person or entity that (i) is not a broker or dealer in securities, and (ii) does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). The number of orders shall be counted in accordance with Interpretation and Policy .01 of Exchange Rule 100. 
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule 
                        <E T="03">and</E>
                         Exchange Rule 100, including Interpretation and Policy .01.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         “Affiliate” means (i) an affiliate of a Member of at least 75% common ownership between the firms as reflected on each firm's Form BD, Schedule A, or (ii) the Appointed Market Maker of an Appointed EEM (or, conversely, the Appointed EEM of an Appointed Market Maker). An “Appointed Market Maker” is a MIAX Emerald Market Maker (who does not otherwise have a corporate affiliation based upon common ownership with an EEM) that has been appointed by an EEM and an “Appointed EEM” is an EEM (who does not otherwise have a corporate affiliation based upon common ownership with a MIAX Emerald Market Maker) that has been appointed by a MIAX Emerald Market Maker, pursuant to the following process. A MIAX Emerald Market Maker appoints an EEM and an EEM appoints a MIAX Emerald Market Maker, for the purposes of the Fee Schedule, by each completing and sending an executed Volume Aggregation Request Form by email to 
                        <E T="03">membership@miaxglobal.com</E>
                         no later than 2 business days prior to the first business day of the month in which the designation is to become effective. Transmittal of a validly completed and executed form to the Exchange along with the Exchange's acknowledgement of the effective designation to each of the Market Maker and EEM will be viewed as acceptance of the appointment. The Exchange will only recognize one designation per Member. A Member may make a designation not more than once every 12 months (from the date of its most recent designation), which designation shall remain in effect unless or until the Exchange receives written notice submitted 2 business days prior to the first business day of the month from either Member indicating that the appointment has been terminated. Designations will become operative on the first business day of the effective month and may not be terminated prior to the end of the month. Execution data and reports will be provided to both parties. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         “Market Maker” refers to “Lead Market Maker” (“LMM”), “Primary Lead Market Maker” (“PLMM”) and “Registered Market Maker” (“RMM”), collectively. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule and Exchange Rule 100.
                    </P>
                </FTNT>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/miax-options/rule-filings,</E>
                     and at the Exchange's principal office.
                    <PRTPAGE P="7565"/>
                </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 currently provides transaction rebates and assesses transaction fees to all market participants based upon a threshold tier structure (“Tier”) that is applicable to all transactions. Tiers are determined on a monthly basis and are based on three alternative volume calculation methods, as described in Section 1)a)ii) of the Fee Schedule.
                    <SU>6</SU>
                    <FTREF/>
                     Each method is calculated based on the total monthly sides executed by the Member 
                    <SU>7</SU>
                    <FTREF/>
                     in all options classes on MIAX Emerald in the relevant origin(s) and/or applicable liquidity (
                    <E T="03">i.e.,</E>
                     Priority Customer Maker), not including Excluded Contracts,
                    <SU>8</SU>
                    <FTREF/>
                     (as the numerator) expressed as a percentage of (divided by) Customer Total Consolidated Volume (“CTCV”) 
                    <SU>9</SU>
                    <FTREF/>
                     (as the denominator). The per contract transaction rebates and fees shall be applied retroactively to all eligible volume once the Tier has been reached by the Member. The Exchange aggregates the volume of Members and their Affiliates in the Tiers. Members that place resting liquidity, 
                    <E T="03">i.e.,</E>
                     orders on the MIAX Emerald System, will be assessed the specified “maker” rebate or fee (each a “Maker”) and Members that execute against resting liquidity will be assessed the specified “taker” fee or rebate (each a “Taker”). Members are also assessed lower transaction fees and provided lower rebates for order executions in standard option classes in the Penny Interval Program 
                    <SU>10</SU>
                    <FTREF/>
                     (“Penny classes”) than for order executions in standard option classes which are not in the Penny Interval Program (“non-Penny classes”), for which Members will be assessed higher transaction fees and receive higher rebates.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         The three alternative volume calculation methods are as follows. Method 1 is calculated by total Member sides volume as a percentage of CTCV. Method 2 is calculated by total MIAX Emerald Market Maker sides volume as a percentage of CTCV. Method 3 is calculated by total Priority Customer, Maker sides volume as a percentage of CTCV. 
                        <E T="03">See</E>
                         Fee Schedule, Section 1)a)ii) (also providing the volume threshold percentages for Tiers 1-4 for each volume calculation method). The Tier applied for a Member and its Affiliates' Priority Customer origin will solely be determined by Method 3. The Tier applied for a Member and its Affiliates' Market Maker and other professional origins (non-MIAX Emerald Market Maker, Firm Proprietary/Broker-Dealer, and Non-Priority Customer) will be the highest Tier achieved among the three alternative calculation methods. 
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         “Member” means an individual or organization approved to exercise the trading rights associated with a Trading Permit. Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule 
                        <E T="03">and</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         “Excluded Contracts” means any contracts routed to an away market for execution. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         “CTCV” means Customer Total Consolidated Volume calculated as the total national volume cleared at The Options Clearing Corporation in the Customer range in those classes listed on MIAX Emerald for the month for which fees apply, excluding volume cleared at the Options Clearing Corporation in the Customer range executed during the period of time in which the Exchange experiences an Exchange System Disruption (solely in the option classes of the affected Matching Engine). The term “Exchange System Disruption” means an outage of a Matching Engine or collective Matching Engines for a period of two consecutive hour or more, during trading hours. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 88993 (June 2, 2020), 85 FR 35145 (June 8, 2020) (SR-EMERALD-2020-05) (Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 510, Minimum Price Variations and Minimum Trading Increments, To Conform the Rule to Section 3.1 of the Plan for the Purpose of Developing and Implementing Procedures Designed To Facilitate the Listing and Trading of Standardized Options).
                    </P>
                </FTNT>
                <P>
                    Effective for December 1, 2025, the Exchange filed its proposal with the Securities and Exchange Commission (“Commission”) to amend the Fee Schedule to establish alternative Simple Maker rebates of ($0.49) and ($0.95) for options transactions in Penny classes and non-Penny classes, respectively, in Tier 4 for executed Priority Customer orders when the contra-side is an Affiliated Market Maker and the Member has achieved above 0.90% of total Market Maker sides volume and above 0.60% of total Priority Customer, Maker sides volume, both thresholds as a percentage of CTCV.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104445 (December 18, 2025), 90 FR 60193 (December 23, 2025) (SR-EMERALD-2025-22); 
                        <E T="03">see also</E>
                         Fee Schedule, Section 1)a)i), notes:☐” and “▪”.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Proposal</HD>
                <P>The Exchange proposes to reduce the alternative Simple Maker rebate for options transactions in Penny classes in Tier 4 for executed Priority Customer orders when the contra-side is an Affiliated Market Maker and the above-described volume thresholds are met. In particular, the Exchange proposes to reduce the alternative Simple Maker rebate from ($0.49) to ($0.43) for options transactions in Penny classes in Tier 4 for executed Priority Customer orders when the contra-side is an Affiliated Market Maker and the Member has achieved above 0.90% of total Market Maker sides volume and above 0.60% of total Priority Customer, Maker sides volume, both thresholds as a percentage of CTCV. This change will be reflected in footnote ☐ following the tables in Section 1)a)i) of the Fee Schedule.</P>
                <P>
                    The purpose of the proposed change is for business and competitive reasons. The Exchange believes that, even with the proposed reduction, the alternative rebate will continue to attract additional Priority Customer volume. The Exchange believes that this may, in turn, continue to encourage Members to submit more Priority Customer orders, leading to increased liquidity on the Exchange to the benefit of all market participants by providing more trading opportunities and tighter spreads. The Exchange believes that, even with the proposed reduction, the alternative rebate may continue to provide an incentive for Market Makers to interact with more Priority Customer liquidity in Penny and non-Penny classes, thereby promoting price discovery and contributing to a deeper and more liquid market, which benefits all market participants and enhances the attractiveness of the Exchange as a trading venue. The Exchange also notes that other equity options exchanges provide for different pricing dependent upon whether the executing buyer and seller are the same market participant, have some form of common ownership, and/or based upon certain volume thresholds in different segments.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         NYSE Arca, Inc. Options Fees and Charges, page 11, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf</E>
                         (providing a reduced taker fee of $0.03 or $0.02 for Professional Customers and non-Customers removing liquidity that execute at least 0.80% of TCADV from Customer posted interest in all issues, plus executed ADV of 0.30% ADV of U.S. equity market share posted and executed on the equity market of NYSE Arca; however, the $0.03 discount only applies when the executing buyer and seller are the same OTP Holder or OTP Firm or an Affiliate or Appointed OFP or Appointed MM of that OTP Holder or OTP Firm); 
                        <E T="03">see also</E>
                         Nasdaq ISE, Options 7: Pricing Schedule, Section 4, Maker and Taker Fees section, footnote 3, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/ise/rules/ISE%20Options%207</E>
                         (providing reduced Taker fee in select symbols for all origins other than Priority Customer when executed against Priority Customer Complex Orders in Select Symbols entered by an Affiliated Member or Affiliated Entity, excluding 
                        <PRTPAGE/>
                        Complex Orders executed in the Nasdaq ISE Facilitation Mechanism, Solicited Order Mechanism, and Price Improvement Mechanism).
                    </P>
                </FTNT>
                <PRTPAGE P="7566"/>
                <HD SOURCE="HD3">Implementation</HD>
                <P>The proposed change is effective beginning February 1, 2026.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that its proposal to amend the Fee Schedule is consistent with Section 6(b) of the Act 
                    <SU>13</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4) of the Act,
                    <SU>14</SU>
                    <FTREF/>
                     in that it is an equitable allocation of reasonable dues, fees and other charges among Exchange Members and issuers and other persons using its facilities, and 6(b)(5) of the Act,
                    <SU>15</SU>
                    <FTREF/>
                     in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanisms of a free and open market and a national market system and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         15 U.S.C. 78f(b)(1) and (b)(5).
                    </P>
                </FTNT>
                <P>
                    The Commission has repeatedly expressed its 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>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496 (June 29, 2005).
                    </P>
                </FTNT>
                <P>
                    There are currently 18 registered options exchanges competing for order flow. Based on publicly-available information, and excluding index-based options, no single exchange had more than approximately 14.88% of the multiply-listed equity options market share for the month of December 2025.
                    <SU>17</SU>
                    <FTREF/>
                     Therefore, no exchange possesses significant pricing power. More specifically, the Exchange had a market share of approximately 3.35% of executed volume of multiply-listed equity options for the month of December 2025.
                    <SU>18</SU>
                    <FTREF/>
                     The Exchange believes that the ever-shifting market share among the exchanges from month to month demonstrates that market participants can discontinue or reduce use of certain categories of products and services, terminate an existing membership or determine to not become a new member, and/or shift order flow, in response to transaction fee changes.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         the “Market Share” section of the Exchange's website, 
                        <E T="03">available at https://www.miaxglobal.com/.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange believes its proposal to reduce the alternative Simple Maker rebate for options transactions in Penny classes in Tier 4 for executed Priority Customer orders when the contra-side is an Affiliated Market Maker and certain volume thresholds are met is reasonable, equitable and not unfairly discriminatory. The Exchange believes the change is reasonable because, even with the proposed reduction, the alternative rebate may continue to attract additional Priority Customer volume to the Exchange, which may, in turn, encourage Members to submit more Priority Customer orders, leading to increased liquidity on the Exchange to the benefit of all market participants by providing more trading opportunities and tighter spreads. The Exchange further believes the proposed change is reasonable because should continue to provide an incentive for Market Makers to interact with more Priority Customer liquidity in Penny classes, thereby promoting price discovery and contributing to a deeper and more liquid market. A more liquid market benefits all market participants and enhances the attractiveness of the Exchange as a trading venue. The Exchange also notes that other equity options exchanges provide for different pricing dependent upon whether the executing buyer and seller are the same market participant, have some form of common ownership, and/or based upon certain volume thresholds in different segments. Accordingly, the Exchange believes the proposal is reasonable as other exchanges offer similar pricing structures.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See supa</E>
                         note 12.
                    </P>
                </FTNT>
                <P>The Exchange believes the proposal is equitable and not unfairly discriminatory because all similarly situated market participants in the same origin type are subject to the same tiered Maker rebates and Taker fees and access to the Exchange is offered on terms that are not unfairly discriminatory. The Exchange believes it is equitably allocated and not unfairly discriminatory to reduce the alternative rebate for Priority Customer orders when the contra-side is an Affiliated Market Maker and certain volume thresholds are met because, even with the proposed reduction, Market Makers should continue to be incentivized to increase their participation in Penny classes of options, which benefits the entire market by leading to increased order flow sent to the Exchange. In turn, this should lead to increased Member participation and order flow, tighter markets and order interaction.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule changes will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act.</P>
                <HD SOURCE="HD3">Intra-Market Competition</HD>
                <P>The Exchange does not believe that the proposed change will impose any burden on intra-market competition. The Exchange believes that, even with the proposed reduction, the alternative rebate will continue to promote competition because it will continue to incentivize Priority Customer orders being sent to the Exchange. The Exchange believes that this may, in turn, encourage Members to submit more Priority Customer orders, leading to increased liquidity on the Exchange to the benefit of all market participants by providing more trading opportunities and tighter spreads.</P>
                <HD SOURCE="HD3">Inter-Market Competition</HD>
                <P>
                    The Exchange does not believe that the proposed change will impose any burden on inter-market competition and the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive, or rebate opportunities available at other venues to be more favorable. There are currently 18 registered options exchanges competing for order flow. Based on publicly-available information, and excluding index-based options, no single exchange had more than approximately 14.88% of the multiply-listed equity options market share for the month of December 2025.
                    <SU>20</SU>
                    <FTREF/>
                     Therefore, no exchange possesses significant pricing power. More specifically, the Exchange had a market share of approximately 3.35% of executed volume of multiply-listed equity options for the month of December 2025.
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See supra</E>
                         note 17.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    In such an environment, the Exchange must continually adjust its rebates and tiers to remain competitive with other options exchanges. Because competitors are free to modify their own fees and tiers in response, and because market participants may readily adjust their 
                    <PRTPAGE P="7567"/>
                    order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited. The Exchange believes that the proposed rule changes reflect this competitive environment because they modify the Exchange's rebates in a manner that encourages market participants to continue to provide liquidity and to send order flow to the Exchange.
                </P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>No written comments were either solicited or received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>22</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>23</SU>
                    <FTREF/>
                     thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">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-EMERALD-2026-04 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-EMERALD-2026-04. 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-EMERALD-2026-04 and should be submitted on or before March 11, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>24</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>24</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03126 Filed 2-17-26; 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. 34-104831; File No. SR-NSCC-2026-002]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Corrections, Clarifications and Certain Other Changes to the NSCC Rules</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on February 9, 2026, National Securities Clearing Corporation (“NSCC”) 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 clearing agency. NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(4) 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(f)(4).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The proposed rule change would (i) make certain corrections and clarifications in the Rules 
                    <SU>5</SU>
                    <FTREF/>
                     and (ii) make certain changes to harmonize the language in the Rules with the rules of NSCC's two clearing agency affiliates, The Depository Trust Company (“DTC”) and Fixed Income Clearing Corporation (“FICC”). NSCC has conducted a review of its Rules to improve transparency and consistency and to harmonize language in its Rules with similar language in the DTC and FICC rulebooks. DTC and FICC have also conducted similar reviews of their respective rulebooks.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Terms not defined herein are defined in the NSCC Rules &amp; Procedures (“Rules”), 
                        <E T="03">available at www.dtcc.com/legal/rules-and-procedures.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the clearing agency 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 clearing agency 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) Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    NSCC is proposing to (i) make certain corrections and clarifications in the Rules and (ii) make certain changes to harmonize the language in the Rules with the rules of NSCC's two clearing agency affiliates, DTC and FICC. NSCC has conducted a review of its Rules to improve transparency and consistency and to harmonize language in its Rules with similar language in the DTC and FICC rulebooks. DTC and FICC have also conducted similar reviews of their respective rulebooks. As a result of the reviews, NSCC is proposing the following changes to the Rules.
                    <PRTPAGE P="7568"/>
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="xs72,r100">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Rule</CHED>
                        <CHED H="1">Proposed changes</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Rule 1</ENT>
                        <ENT>Add the following defined terms to Rule 1 (Definitions and Descriptions) of the Rules which capitalized terms are used in the Rules but are either not currently defined or are defined elsewhere in the Rules:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Accounting Summary</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Buy-In Intent</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Cash Reconciliation Statement</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Closing Money Balance</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Closing Net Market Value</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">CNS Retransmittal Notice</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Exemptions</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">FINRA</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Fund/SERV</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">MSRB</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Mutual Fund Processor</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Officer of the Corporation</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Opening Money Balance</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Opening Position</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Priority Override</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Settlement Statement</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Settling Trades</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Standing Priority Request</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Remove the following defined terms from Rule 1 that are no longer in use:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Insurance Participant</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="oi3">
                            <E T="03">Mutual Fund Participant</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>
                            Change the definition of “Fund Member” to remove historical context that is not necessary.
                            <LI>Change the definition of “Insurance Carrier/Retirement Services Member” to remove historical context that is not necessary.</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>
                            Remove a footnote in the definition of “Mutual Fund/Insurance Services Member” that provides historical context that is not necessary.
                            <LI>
                                Change the definition of “Watch List” to reflect an expanded scale used for the Credit Risk Rating Matrix (“CRRM”). The CRRM is currently based on a scale of 1 through 7. The CRRM is also currently calculated internally using a more granular scale of 1 through 18 which corresponds to the current 1 through 7 scale (
                                <E T="03">e.g.,</E>
                                 credit rating 6 on the current scale is equivalent to credit ratings 12 and 13 on the more granular scale). The changes would not change how Members are analyzed with respect to the Watch List.
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 2</ENT>
                        <ENT>Change “Mutual Fund Services” to “Fund Solutions” and “Insurance &amp; Retirement Services” to “Insurance &amp; Retirement Solutions” to reflect the new names that are being used for those services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Add quotation marks on “non-Member” to clarify that it is a defined term used elsewhere in the Rule.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 2A</ENT>
                        <ENT>Use lower case for “applicant questionnaire” since that term is not defined and clarify language relating to the initial Required Fund Deposit.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Change “Mutual Fund Services” to “Fund Solutions” and “Insurance &amp; Retirement Services” to “Insurance &amp; Retirement Solutions” to reflect the new names that are being used for those services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 2B</ENT>
                        <ENT>Remove cross references to Sections of Rule 4 (Clearing Fund) that have been removed and are no longer applicable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 2C</ENT>
                        <ENT>Make grammatical correction by changing “Transactions” to singular case.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 3</ENT>
                        <ENT>Change “Mutual Fund Services” to “Fund Solutions” and “Insurance &amp; Retirement Services” to “Insurance &amp; Retirement Solutions” to reflect the new names that are being used for those services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 7</ENT>
                        <ENT>Remove reference to Index Receipt Authorization Agreement. The Index Receipt Authorization Agreement was an agreement entered into between the Index Receipt Agents and exchange traded funds. NSCC no longer requires that Members provide copies of the Index Receipt Authorization Agreement.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 11</ENT>
                        <ENT>Add defined terms for capitalized terms that are used elsewhere in the Rules but not defined.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 12</ENT>
                        <ENT>Add defined terms for capitalized terms that are used elsewhere in the Rules but not defined.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 14</ENT>
                        <ENT>Correct the name of the New York State Department of Taxation and Finance.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 22</ENT>
                        <ENT>Make grammatical correction adding “by” to the sentence.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 23</ENT>
                        <ENT>Add “and Chief Executive Officer” to reflect the correct title of the President and Chief Executive Officer.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 26</ENT>
                        <ENT>Revise the language in the Rule to clarify the language and align to the current billing process.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 27</ENT>
                        <ENT>Delete unnecessary separate reference to AIP Member as AIP Members are covered by the reference to “participant.”</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 33</ENT>
                        <ENT>Use defined term “Officer of the Corporation” to name officers subject to the delegation in the Rule.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 35</ENT>
                        <ENT>Revise to reflect that financial reports are delivered based on the fiscal year of NSCC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 36</ENT>
                        <ENT>Revise to reflect that Sponsored Members are entitled to the provisions in the Rule in addition to Members and Limited Members.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 38</ENT>
                        <ENT>Revise to reflect that provisions relating to captions relate to Procedures also.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 40</ENT>
                        <ENT>Change the phrase “continue use of one” to “continue to use one” to improve readability.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 41</ENT>
                        <ENT>Add definition of “CNS Close-out Value” that is used elsewhere in the Rule and update to clarify that valuations of claims relating to SFT Positions are performed pursuant to Rule 56 (Securities Financing Transaction Clearing Service).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 45</ENT>
                        <ENT>Update references to “email”.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 47</ENT>
                        <ENT>Revise to reflect that interpretation provisions relate to Procedures also.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 50</ENT>
                        <ENT>
                            Change “Mutual Fund Services” to “Fund Solutions” to reflect the new name that is being used for that service.
                            <LI>Delete comma after “more edit errors or” for readability.</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 51</ENT>
                        <ENT>Delete outdated and unnecessary footnote regarding implementation of entering CNS-eligible OW Obligations into the CNS Accounting Operation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 52</ENT>
                        <ENT>Add quotation marks on “Fund/SERV,” “Mutual Fund Processor” and “TTP/TPA/IMA Settling Entity” to clarify those are defined terms used elsewhere in the Rules.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Change “Mutual Fund Services” to “Fund Solutions” to reflect the new name that is being used for that service.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 55</ENT>
                        <ENT>Make the following grammatical corrections for readability: (i) change phrasing and punctuation relating to Settling Banks and participants in a number of places, (ii) change “due to the insolvency” to “due to its insolvency” in two places, and (iii) change “exits” to “exists”.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="7569"/>
                        <ENT I="22"> </ENT>
                        <ENT>Change references from “terminal system” to “settlement interface” in two places to more accurately describe the interface.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 56</ENT>
                        <ENT>
                            Update numbers used in the CRRM to reflect expanded matrix. As discussed above in reference to changes in Rule 1, the CRRM is currently based on a scale of 1 through 7. The CRRM is also currently calculated internally using a more granular scale of 1 through 18 which corresponds to the current 1 through 7 scale (
                            <E T="03">e.g.,</E>
                             credit ratings 1 through 4 on the current scale are equivalent to credit ratings 1 through 9 on the more granular scale).
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 57</ENT>
                        <ENT>Change “Insurance &amp; Retirement Services” to “Insurance &amp; Retirement Solutions” to reflect the new name that is being used for that service.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rule 58</ENT>
                        <ENT>Revise language to clarify meaning.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Procedure II</ENT>
                        <ENT>Use defined terms “FINRA” and “MSRB” which terms would be added to Rule 1 (Definitions and Descriptions) defined terms and add “at” for readability.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Procedure IIA</ENT>
                        <ENT>Add comma after the phrase “or those exited from the ACATS Settlement Accounting Operation)” for improved readability.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Procedure VII</ENT>
                        <ENT>Correct references to Procedure XVIII (ACATS Settlement Accounting Operations) and Procedure VIII (Money Settlement Service) and use defined term Closing Net Market Value.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Procedure VIII</ENT>
                        <ENT>Change references from “terminal system” to “settlement interface” to more accurately describe the interface and remove duplicative footnote.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Procedure X</ENT>
                        <ENT>Make grammatical correction in footnote by removing “transmits”.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Procedure XIII</ENT>
                        <ENT>Remove defined terms that are no longer in use.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Procedure XV</ENT>
                        <ENT>Clarify how Eligible Clearing Fund Securities are valued.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Addendum A</ENT>
                        <ENT>Change “Mutual Fund Services” to “Fund Solutions” and “Insurance &amp; Retirement Services” to “Insurance &amp; Retirement Solutions” to reflect the new names that are being used for those services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Addendum B</ENT>
                        <ENT>Change “Mutual Fund Services” to “Fund Solutions” to reflect the new name that is being used for that service.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Addendum D</ENT>
                        <ENT>Change “Mutual Fund Services” to “Fund Solutions” and “Insurance &amp; Retirement Services” to “Insurance &amp; Retirement Solutions” to reflect the new names that are being used for those services.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Addendum O</ENT>
                        <ENT>Clarify that the policy statement on admission of non-US entities applies to non-U.S. entities applying as Members and Limited Members and remove a conflicting footnote stating that non-U.S. entities that are insurance companies are excluded.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>
                            The policy statement currently includes certain Limited Members but not all Limited Members. NSCC applies the same criteria for all non-U.S. entities that are applying to become Limited Members except that, given the lower risk profile for certain membership types, NSCC does not require that certain Limited Members provide a legal opinion, go through a thorough credit risk review or provide ongoing financial statements. For instance, for U.S. applicants applying to become AIP Members, NSCC does not currently require that such applicants provide a legal opinion or provide ongoing financial statements.
                            <SU>a</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Language would be added to reflect that certain criteria in the Addendum may be waived with respect to certain membership types.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>In addition, the footnote to the Addendum currently excludes non-U.S. insurance companies. However, the policy statement states that it applies to admission of non-U.S. entities such as Insurance Carrier/Retirement Services Members and only insurance companies are permitted to be that membership type. Therefore, the footnote excluding non-U.S. insurance companies conflicts with the statement that the Addendum applies to Insurance Carrier/Retirement Services Members. In addition, the exclusion is not necessary since NSCC would apply the same criteria for non-U.S. insurance companies that it applies to all non-U.S. entities that are applying for NSCC membership for the same membership type.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Rule 2B (Ongoing Membership Requirements and Monitoring), Section 2, which requires ongoing reports and information for Members, Mutual Fund/Insurance Services Members, Fund Members, and Insurance Carrier/Retirement Services Members but not AIP Members.
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD2">2. Statutory Basis</HD>
                <P>
                    Section 17A(b)(3)(F) of the Act requires, in part, that the Rules be designed to promote the prompt and accurate clearance and settlement of securities transactions.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         15 U.S.C. 78q-1(b)(3)(F).
                    </P>
                </FTNT>
                <P>
                    NSCC believes that the proposed changes to (i) correct or clarify language in the Rules and (ii) harmonize the language in Rules with the rulebooks of NSCC's two clearing agency affiliates, DTC and FICC, are consistent with Section 17(A)(b)(3)(F) of the Act 
                    <SU>7</SU>
                    <FTREF/>
                     because such changes would enhance the clarity and transparency of the Rules. By enhancing the clarity and transparency of the Rules, the proposed changes would allow Members and Limited Members to more efficiently and effectively conduct their business in accordance with the Rules, which NSCC believes would promote the prompt and accurate clearance and settlement of securities transactions. As such, NSCC believes that the proposed changes would be consistent with Section 17A(b)(3)(F) of the Act.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">(B) Clearing Agency's Statement on Burden on Competition</HD>
                <P>
                    NSCC does not believe the proposed rule changes would impact competition. The proposed rule changes described above would merely enhance the clarity and transparency of the Rules and would not significantly affect NSCC's operations or the rights and obligations of the membership. As such, NSCC believes the proposed rule changes would not have any impact on competition and would be consistent with Section 17A(b)(3)(I) of the Act.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78q-1(b)(3)(I).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">(C) Clearing Agency's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>NSCC has not received or solicited any written comments relating to this proposal. If any written comments are received by NSCC, they will be publicly filed as an Exhibit 2 to this filing, as required by Form 19b-4 and the General Instructions thereto.</P>
                <P>
                    Persons submitting comments are cautioned that, according to Section IV (Solicitation of Comments) of the Exhibit 1A in the General Instructions to Form 19b-4, the Commission does not edit personal identifying information from comment submissions. Commenters should submit only information that they wish to make available publicly, including their name, email address, and any other identifying information.
                    <PRTPAGE P="7570"/>
                </P>
                <P>
                    All prospective commenters should follow the Commission's instructions on how to submit comments, 
                    <E T="03">available at www.sec.gov/rules-regulations/how-submit-comments.</E>
                     General questions regarding the rule filing process or logistical questions regarding this filing should be directed to the Main Office of the Commission's Division of Trading and Markets at 
                    <E T="03">tradingandmarkets@sec.gov</E>
                     or 202-551-5777.
                </P>
                <P>NSCC reserves the right to not respond to any comments 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) 
                    <SU>10</SU>
                    <FTREF/>
                     of the Act and paragraph (f) of Rule 19b-4 thereunder.
                    <SU>11</SU>
                    <FTREF/>
                     At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         17 CFR 240.19b-4(f).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include File Number SR-NSCC-2026-002 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.</P>
                <FP>
                    All submissions should refer to File Number SR-NSCC-2026-002. 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 NSCC and on DTCC's website (
                    <E T="03">https://dtcc.com/legal/sec-rule-filings.aspx</E>
                    ). 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-NSCC-2026-002 and should be submitted on or before March 11, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>12</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>12</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03128 Filed 2-17-26; 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. 34-104830; File No. SR-FINRA-2025-003]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, To Amend FINRA Rule 3220 (Influencing or Rewarding Employees of Others)</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>
                    On May 29, 2025, the Financial Industry Regulatory Authority, Inc. (“FINRA”) filed with the Securities and Exchange Commission (“SEC” or “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change to amend FINRA Rule 3220 (Influencing or Rewarding Employees of Others) (formerly NASD Rule 3060) (the “Gifts Rule”). The proposed rule change, as modified by Amendment No. 1 (hereinafter, the “proposed rule change” unless otherwise specified), would, among other things, increase the gift limit from $100 to $300 per person per year; provide FINRA authority to grant exemptive relief from the Gifts Rule; and codify existing guidance regarding, among other things, gifts incidental to business entertainment, valuation of gifts, aggregation of gifts, personal gifts, bereavement gifts, 
                    <E T="03">de minimis</E>
                     gifts and promotional or commemorative items, donations due to federally declared major disasters, and supervision and recordkeeping, as well as make conforming changes to the gift limits in FINRA's non-cash compensation rules.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Exchange Act Release No. 103226 (June 11, 2025), 90 FR 25674 (June 17, 2025) (File No. SR-FINRA-2025-003) (“Notice”); 
                        <E T="03">see also</E>
                         Amendment No. 1, 
                        <E T="03">https://www.finra.org/sites/default/files/2025-09/FINRA-2025-003_Partial_A-1.pdf.</E>
                         Amendment No. 1 modified the proposed rule change to increase the gift limit to $300 from $250, as originally proposed in the Notice.
                    </P>
                </FTNT>
                <P>
                    The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on June 17, 2025.
                    <SU>4</SU>
                    <FTREF/>
                     The public comment period closed on July 8, 2025. The Commission received comment letters in response to the Notice.
                    <SU>5</SU>
                    <FTREF/>
                     On July 14, 2025, FINRA consented to an extension of the time period in which the Commission must approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to approve or disapprove the proposed rule change to September 15, 2025.
                    <SU>6</SU>
                    <FTREF/>
                     On September 11, 2025, FINRA responded to the comment letters received in response to the Notice and filed an amendment to modify the proposed rule as originally proposed in the Notice (“Amendment No. 1”).
                    <SU>7</SU>
                    <FTREF/>
                     On September 12, 2025, the Commission published a notice of the filing of Amendment No. 1 and an order instituting proceedings (“OIP”) to determine whether to approve or disapprove the proposed rule change, as modified by Amendment No. 1.
                    <SU>8</SU>
                    <FTREF/>
                     The Commission received additional comment letters in response to the Notice and OIP.
                    <SU>9</SU>
                    <FTREF/>
                     On December 2, 2025, FINRA responded to the comment letters received in response to the Notice and OIP.
                    <SU>10</SU>
                    <FTREF/>
                     On December 2, 2025, FINRA consented to extend until February 12, 2026, the time period in 
                    <PRTPAGE P="7571"/>
                    which the Commission must approve or disapprove the proposed rule change.
                    <SU>11</SU>
                    <FTREF/>
                     This order approves the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Notice.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The comment letters are available at 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003.htm.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         letter from April Collaku, Assistant General Counsel, Office of General Counsel, FINRA (dated July 14, 2025), 
                        <E T="03">https://www.finra.org/sites/default/files/2025-07/sr-finra-2025-003-extension1.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         letter from Ilana Reid, Associate General Counsel, Office of General Counsel, FINRA (dated Sept. 11, 2025) (“FINRA Letter 1”), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003.htm.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         Exchange Act Release No. 103958 (Sept. 12, 2025), 90 FR 44855 (Sep. 17, 2025) (File No. SR-FINRA-2025-003) (“Notice and OIP”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See supra</E>
                         note 5. One of these letters is a form letter, which has been submitted multiple times in response to the Notice and OIP (“Letter Type A”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         letter from Ilana Reid, Associate General Counsel, Office of General Counsel, FINRA (dated Dec. 2, 2025) (“FINRA Letter 2”), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-681107-2097894.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         letter from Ilana Reid, Associate General Counsel, Office of General Counsel, FINRA (dated Dec. 2, 2025), 
                        <E T="03">https://www.finra.org/sites/default/files/2025-12/FINRA-2025-003-extension-2.pdf.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Description of the Proposed Rule Change</HD>
                <P>
                    In general, the Gifts Rule prohibits any broker-dealer that is a member of FINRA (“member”) or person associated with a member (“associated person”), directly or indirectly, from giving anything of value in excess of $100 per year to any person where such payment is in relation to the business of the recipient's employer.
                    <SU>12</SU>
                    <FTREF/>
                     It also requires members to maintain separate records of all payments made or gratuities given in any amount known to the member pursuant to Exchange Act Rule 17a-4.
                    <SU>13</SU>
                    <FTREF/>
                     FINRA stated that the Gifts Rule is designed to avoid improprieties, such as conflicts of interest, that may arise when a member or associated person makes a gift to an employee of another person, such as an institutional customer, vendor, or counterparty with the hope of strengthening the business relationship with them.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         FINRA Rule 3220(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         FINRA Rule 3220(c).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Notice at 25674.
                    </P>
                </FTNT>
                <P>
                    FINRA has also published guidance regarding the application of the Gifts Rule, including NASD Notice to Members 06-69,
                    <SU>15</SU>
                    <FTREF/>
                     Frequently Asked Questions,
                    <SU>16</SU>
                    <FTREF/>
                     and an interpretive letter.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         NASD Notice to Members 06-69 (Dec. 2006) (“NTM 06-69”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         Gifts/Business Entertainment/Non-Cash Compensation FAQs, 
                        <E T="03">https://www.finra.org/rules-guidance/key-topics/gifts-gratuities-and-non-cash-compensation/faqs</E>
                         (“FAQs”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         Letter from Gary L. Goldsholle, Vice President &amp; Associate General Counsel, FINRA, to Amal Aly, Managing Director &amp; Associate General Counsel, SIFMA, dated December 17, 2007 (“Aly Letter”), 
                        <E T="03">https://www.finra.org/rules-guidance/guidance/interpretive-letters/amal-aly-sifma-reasonable-and-customary-bereavement-gifts.</E>
                    </P>
                </FTNT>
                <P>
                    As discussed in more detail below, FINRA's proposed rule change would, among other things, increase the gift limit from $100 to $300 per person per year, provide FINRA exemptive authority regarding the Gifts Rule, codify certain existing FINRA guidance pertaining to the Gifts Rule, and make conforming changes to the gift limits in FINRA's non-cash compensation rules.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         Notice at 25674. The non-cash compensation rules prohibit members and their associated persons from directly or indirectly accepting or making payments or offers of payments of any non-cash compensation to any person in connection with the sale of direct participation programs (
                        <E T="03">see</E>
                         FINRA Rule 2310 (Direct Participation Programs)), variable insurance contracts (
                        <E T="03">see</E>
                         FINRA Rule 2320 (Variable Contracts of an Insurance Company)), investment company securities (
                        <E T="03">see</E>
                         FINRA Rule 2341 (Investment Company Securities)), and the public offerings of securities (
                        <E T="03">see</E>
                         FINRA Rule 5110 (Corporate Financing Rule—Underwriting Terms and Arrangements)). 
                        <E T="03">Id.</E>
                         at 25678.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">A. Increasing the Gift Limit From $100 to $300</HD>
                <P>
                    FINRA stated that the current gift limit of $100 has been in place since 1992.
                    <SU>19</SU>
                    <FTREF/>
                     As originally proposed in the Notice, the proposed rule change would have amended FINRA Rule 3220(a) to increase the current gift limit to $250 to account for past, and “some” expected future, inflation.
                    <SU>20</SU>
                    <FTREF/>
                     As modified by Amendment No. 1, the proposed rule change would increase the gift limit further from $250 to $300 to account for expected future inflation for approximately ten years.
                    <SU>21</SU>
                    <FTREF/>
                     FINRA stated that the proposed rule change “would continue to permit the exchange of business courtesies while helping to guard against excessiveness.” 
                    <SU>22</SU>
                    <FTREF/>
                     FINRA also stated that, if the proposed rule change is approved, FINRA would review the gift limit periodically to determine if additional modifications are needed to reflect changing economic conditions.
                    <SU>23</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         Notice at 25675; FINRA Rule 3220(a); 
                        <E T="03">see also</E>
                         Exchange Act Release No. 31662 (Dec. 28, 1992), 58 FR 370 (Jan. 5, 1993) (Order Approving File No. SR-NASD-92-40) (increasing the gift limit from $50 to $100).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         Notice at 25675.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Amendment No. 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">See</E>
                         Notice at 25675.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See id.; see also</E>
                         Amendment No. 1.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Exemptive Relief</HD>
                <P>
                    Proposed Rule 3220(d) would authorize FINRA to conditionally or unconditionally grant an exemption from any provision of FINRA Rule 3220. Specifically, proposed Rule 3220(d) would state that FINRA staff has authority to grant exemptions, pursuant to the FINRA Rule 9600 Series (Procedures for Exemption), from FINRA Rule 3220 “for good cause shown, after taking into account all relevant factors and provided that such exemption is consistent with the purposes of the Rule, the protection of investors, and the public interest.” 
                    <SU>24</SU>
                    <FTREF/>
                     FINRA stated that because its members differ in size, structure, business, and distribution models, it would be appropriate to have the ability to provide relief from the Gifts Rule under specific factual circumstances.
                    <SU>25</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         FINRA is also proposing to amend FINRA Rule 9610 to add the Gifts Rule to the list of rules under which a member may seek exemptive relief. Notice at 25675.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Supplementary Material Consistent With Existing FINRA Guidance and Interpretive Positions</HD>
                <P>
                    FINRA staff has published guidance interpreting the Gifts Rule as it applies to, among other things, certain gifts given during business entertainment events; 
                    <SU>26</SU>
                    <FTREF/>
                     the valuation of certain gifts, including tickets to sporting or other events; 
                    <SU>27</SU>
                    <FTREF/>
                     the aggregation of the value of gifts given by a member and its associated persons to a particular recipient over the course of a year; 
                    <SU>28</SU>
                    <FTREF/>
                     personal gifts (
                    <E T="03">e.g.,</E>
                     a wedding gift or a congratulatory gift for the birth of a child); 
                    <SU>29</SU>
                    <FTREF/>
                     bereavement gifts (
                    <E T="03">e.g.,</E>
                     appropriate flowers or food platter for the mourners); 
                    <SU>30</SU>
                    <FTREF/>
                     gifts of 
                    <E T="03">de minimis</E>
                     value (
                    <E T="03">e.g.,</E>
                     pens, notepads or modest desk ornaments) and promotional items of nominal value that display the firm's logo (
                    <E T="03">e.g.,</E>
                     umbrellas, tote bags or shirts); 
                    <SU>31</SU>
                    <FTREF/>
                     donations by a member or an associated person of a member to an individual in connection with a federally declared major disaster; 
                    <SU>32</SU>
                    <FTREF/>
                     as well as guidance regarding a member's supervisory obligations.
                    <SU>33</SU>
                    <FTREF/>
                     The proposed rule change would add Supplementary Material to FINRA Rule 3220 consistent with this guidance, as well as new material not covered by existing guidance. Each supplemental rule section is described below.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See</E>
                         NTM 06-69 at n.3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">See id.</E>
                         at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">See id.</E>
                         at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">See</E>
                         Aly Letter.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">See</E>
                         NTM 06-69 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">See</E>
                         FAQs.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         NTM 06-69 at 3.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">1. Proposed Rule 3220.01 (Gifts Incidental to Business Entertainment)</HD>
                <P>
                    Currently, there is no express exclusion from the restrictions of FINRA Rule 3220 for gifts given during the course of a business entertainment event.
                    <SU>34</SU>
                    <FTREF/>
                     FINRA has provided guidance, however, stating that gifts given during business entertainment may fall within the exclusion for promotional items.
                    <SU>35</SU>
                    <FTREF/>
                     Proposed Rule 3220.01 would expressly state that a gift given during the course of a business entertainment event would be subject to FINRA Rule 3220 unless it is consistent with the requirements of proposed Rules 3220.04 and 3220.06. In particular, under the proposed rule change, a gift given during the course of a business entertainment event would be subject to the $300 limit on gifts in FINRA Rule 3220(a) unless it is a personal gift under proposed Rule 3220.04 or of 
                    <E T="03">de minimis</E>
                     value or a 
                    <PRTPAGE P="7572"/>
                    promotional or commemorative item under proposed Rule 3220.06.
                    <SU>36</SU>
                    <FTREF/>
                     FINRA stated that for the purpose of this limit, the cost of the business entertainment event itself would not be included in the value of the gift.
                    <SU>37</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         Notice at 25675.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         NTM 06-69 at n.3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See</E>
                         Notice at 25675-25676.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         
                        <E T="03">Id.</E>
                         at 25676.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Proposed Rule 3220.02 (Valuation of Gifts)</HD>
                <P>
                    Current FINRA guidance states that a member should value gifts (other than tickets for sporting or other events) at the higher of cost or market value exclusive of tax and delivery charges.
                    <SU>38</SU>
                    <FTREF/>
                     Proposed Rule 3220.02 would codify a modified version of this guidance, stating that gifts (other than tickets for sporting or other events) must be valued at cost, exclusive of tax and delivery charges. FINRA stated that requiring a member to value gifts at the higher of cost or market value adds complexity and subjectivity because it is difficult and/or burdensome for members and associated persons to determine the market value of such gifts.
                    <SU>39</SU>
                    <FTREF/>
                     Accordingly, FINRA determined not to codify the requirement set forth in current guidance for a member to value gifts (other than tickets for sporting or other events) at the higher of cost or market value.
                    <SU>40</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         NTM 06-69 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         
                        <E T="03">See</E>
                         Notice at 25676.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    Current FINRA guidance also states that when valuing tickets for sporting or other events, a member must use the higher of cost or face value.
                    <SU>41</SU>
                    <FTREF/>
                     Consistent with this guidance, proposed Rule 3220.02 would require that when valuing tickets for sporting or other events a member must use the higher of cost or face value. FINRA stated that it is appropriate to distinguish tickets to sporting or other events from other gifts because such tickets are commonly purchased on secondary markets at a cost that is different from the face value and the face value of such tickets are typically readily determinable.
                    <SU>42</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         NTM 06-69 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         Notice at 25676.
                    </P>
                </FTNT>
                <P>
                    Additionally, current FINRA guidance states that if gifts are given to multiple recipients, members should record the names of each recipient and calculate and record the value of the gift on a pro rata, per-recipient basis for purposes of complying with the gift limit.
                    <SU>43</SU>
                    <FTREF/>
                     Proposed Rule 3220.02 would codify this guidance, stating that if gifts are given to multiple recipients, members must record the names of each recipient and calculate and record the value of the gift on a pro rata, per-recipient basis for purposes of ensuring compliance with the $300 limit in proposed Rule 3220(a). FINRA stated that codifying this guidance would improve transparency, awareness, and understanding of how to apply the gift limit in situations where a gift is to be shared among multiple recipients.
                    <SU>44</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>43</SU>
                         NTM 06-69 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>44</SU>
                         Notice at 25676.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">3. Proposed Rule 3220.03 (Aggregation of Gifts)</HD>
                <P>
                    Current FINRA guidance states that a member must aggregate all gifts given by the member and its associated persons to a particular recipient over the course of a year when assessing compliance with the gift limit.
                    <SU>45</SU>
                    <FTREF/>
                     Under the current guidance, each member also must state in its procedures whether it is aggregating all gifts given by the member and its associated persons on a calendar year, fiscal year, or on a rolling basis beginning with the first gift to any particular recipient.
                    <SU>46</SU>
                    <FTREF/>
                     Consistent with this guidance, proposed Rule 3220.03 would require that members aggregate all gifts given by the member and each associated person of the member to a particular recipient over the course of the year for purposes of ensuring compliance with the gift limit. Proposed Rule 3220.03 would also codify existing guidance and require that each member state in its procedures whether it is aggregating all gifts given by the member and its associated persons on a calendar year, fiscal year, or on a rolling basis beginning with the first gift to any particular recipient. Proposed Rule 3220.03 would also state, however, that the aggregation requirements would not apply to personal gifts under proposed Rule 3220.04 or to gifts of 
                    <E T="03">de minimis</E>
                     value or promotional or commemorative items under proposed Rule 3220.06 as they are already not subject to the gift limit.
                    <SU>47</SU>
                    <FTREF/>
                     FINRA stated that the aggregation requirement would help ensure that persons who give multiple gifts in a year to the same recipient do not circumvent the gift limit.
                    <SU>48</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>45</SU>
                         
                        <E T="03">Id.</E>
                         (citing NTM 06-69).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>46</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>47</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>48</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">
                    4. Proposed Rule 3220.04 (Personal Gifts) 
                    <SU>49</SU>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>49</SU>
                         As originally proposed in the Notice, proposed Rule 3220.04 (Personal Gifts) would have treated a bereavement gift (
                        <E T="03">e.g.,</E>
                         appropriate flowers or food platter for the mourners) sent on behalf of a member or its associated persons to acknowledge the death of an employee of a client, or a member of such employee's immediate family, as a personal gift. As modified by Amendment No. 1, bereavement gifts would be separately governed under proposed Rule 3220.05 (Bereavement Gifts), described more fully below.
                    </P>
                </FTNT>
                <P>
                    Current FINRA guidance states that the prohibitions in the Gifts Rule generally do not apply to personal gifts (
                    <E T="03">e.g.,</E>
                     a wedding gift or a congratulatory gift for the birth of a child), provided that these gifts are not “in relation to the business of the employer of the recipient.” 
                    <SU>50</SU>
                    <FTREF/>
                     Current FINRA guidance also provides several factors members should consider in determining whether a gift is “in relation to the business of the employer of the recipient,” including the nature of any pre-existing personal or family relationship between the person giving the gift and the recipient, and whether the associated person paid for the gift.
                    <SU>51</SU>
                    <FTREF/>
                     Under current FINRA guidance, FINRA presumes that a gift for which a member bears the cost (either directly or by reimbursing an employee) is in relation to the business of the employer of the recipient and therefore subject to the gift limit.
                    <SU>52</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>50</SU>
                         NTM 06-69 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>51</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>52</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    Proposed Rule 3220.04 would codify obligations consistent with this guidance. First, proposed Rule 3220.04 would state that gifts that are given for infrequent life events (
                    <E T="03">e.g.,</E>
                     a wedding gift or a congratulatory gift for the birth of a child) are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c), provided the gifts are customary and reasonable, personal in nature, and not in relation to the business of the employer of the recipient. Second, proposed Rule 3220.04 would state that in determining whether a gift is “personal in nature and not in relation to the business of the employer of the recipient,” members should consider a number of factors, including the nature of any pre-existing personal or family relationship between the person giving the gift and the recipient and whether the associated person paid for the gift. Third, proposed Rule 3220.04 would state that when a member bears the cost of a gift, either directly or by reimbursing an associated person, FINRA will presume the gift is not personal in nature and instead is in relation to the business of the employer of the recipient.
                </P>
                <P>
                    FINRA stated that gifts for infrequent life events do not typically create the types of improper incentives that the Gifts Rule seeks to avoid.
                    <SU>53</SU>
                    <FTREF/>
                     FINRA also stated that the proposed rule change should help minimize the unnecessary burdens associated with applying the recordkeeping obligations to such gifts.
                    <SU>54</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>53</SU>
                         Notice at 25677.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>54</SU>
                         
                        <E T="03">Id.</E>
                         at 25679.
                    </P>
                </FTNT>
                <PRTPAGE P="7573"/>
                <HD SOURCE="HD3">
                    5. Proposed Rule 3220.05 (Bereavement Gifts) 
                    <SU>55</SU>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>55</SU>
                         Amendment No. 1 added proposed Rule 3220.05 to differentiate bereavement gifts from personal gifts, resulting in renumbering of the supplementary materials as originally proposed in the Notice. 
                        <E T="03">See supra</E>
                         note 49.
                    </P>
                </FTNT>
                <P>
                    Current FINRA guidance states that reasonable and customary bereavement gifts (
                    <E T="03">e.g.,</E>
                     appropriate flowers or food platter for the mourners) sent on behalf of a member or its associated persons to acknowledge the death of an employee of a client, or a member of such employee's immediate family, are not considered to be “in relation to the business of the employer of the recipient.” 
                    <SU>56</SU>
                    <FTREF/>
                     Consistent with this guidance, proposed Rule 3220.05 would state that bereavement gifts that are customary and reasonable are not considered to be in relation to the business of the employer of the recipient and, therefore, are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c). FINRA stated that gifts for infrequent life events to acknowledge the death of an employee of a client, or a member of such employee's immediate family, do not typically create the types of improper incentives that the Gifts Rule seeks to avoid.
                    <SU>57</SU>
                    <FTREF/>
                     FINRA also stated that the proposed rule change should help minimize unnecessary burdens associated with applying the recordkeeping obligations to such gifts.
                    <SU>58</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>56</SU>
                         
                        <E T="03">See</E>
                         Aly Letter.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>57</SU>
                         Notice at 25677.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>58</SU>
                         
                        <E T="03">Id.</E>
                         at 25679.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">6. Proposed Rule 3220.06 (De minimis Gifts and Promotional or Commemorative Items)</HD>
                <HD SOURCE="HD3">a. De Minimis Gifts and Promotional Items</HD>
                <P>
                    Current FINRA guidance states that FINRA Rule 3220 does not apply to gifts of 
                    <E T="03">de minimis</E>
                     value (
                    <E T="03">e.g.,</E>
                     pens, notepads or modest desk ornaments) or to promotional items of nominal value that display the firm's logo (
                    <E T="03">e.g.,</E>
                     umbrellas, tote bags or shirts).
                    <SU>59</SU>
                    <FTREF/>
                     This guidance also states that in order for a promotional item to fall within this exclusion, its value must be “substantially below” the current $100 gift limit.
                    <SU>60</SU>
                    <FTREF/>
                     Consistent with this guidance and recognizing proposed Rule 3220(a)'s increase to the gift limit, proposed Rule 3220.06 would state that gifts of a 
                    <E T="03">de minimis</E>
                     value (
                    <E T="03">e.g.,</E>
                     pens, notepads, or modest desk ornaments) or promotional items of nominal value that display the member's logo (
                    <E T="03">e.g.,</E>
                     umbrellas, tote bags, or shirts) are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c), provided that the value of the gift or promotional item is “substantially below” the $300 limit. FINRA stated that the proposed rule change should help minimize unnecessary burdens associated with applying the recordkeeping obligations to such gifts.
                    <SU>61</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>59</SU>
                         NTM 06-69 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>60</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>61</SU>
                         Notice at 25679.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">b. Commemorative Items</HD>
                <P>
                    Current FINRA guidance states that, in general, neither the prohibition in FINRA Rule 3220(a) nor the recordkeeping requirements in FINRA Rule 3220(c) applies to customary Lucite tombstones, plaques or other similar solely decorative items commemorating a business transaction, even when such items have a cost of more than $100.
                    <SU>62</SU>
                    <FTREF/>
                     Consistent with this guidance, proposed Rule 3220.06(b) would state that customary and reasonable solely decorative items commemorating a business transaction are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c). FINRA stated that the proposed rule change would not explicitly limit the value of customary commemorative items because they must be solely decorative. Therefore, where an item is not solely decorative, it would be subject to the restrictions in the Gifts Rule.
                    <SU>63</SU>
                    <FTREF/>
                     FINRA also stated that the proposed rule change should help minimize unnecessary burdens associated with applying the recordkeeping obligations to such gifts.
                    <SU>64</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>62</SU>
                         NTM 06-69 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>63</SU>
                         
                        <E T="03">See</E>
                         Notice at 25677.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>64</SU>
                         
                        <E T="03">See id.</E>
                         at 25679.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">7. Proposed Rule 3220.07 (Donations Due to Federally Declared Major Disasters)</HD>
                <P>
                    Current FINRA guidance states that it does not consider donations by a member or an associated person of a member to an employee of an institutional customer to provide assistance to the individual in connection with a federally declared major disaster to be “in relation to the business of the employer of the recipient” for purposes of FINRA Rule 3220(a).
                    <SU>65</SU>
                    <FTREF/>
                     Consistent with this guidance, proposed Rule 3220.07 would state that donations by a member or an associated person to any person, principal, proprietor, employee, agent, or representative of another person to provide assistance to the individual for losses sustained in a natural event that the President has declared to be a major disaster, such as a wildfire, hurricane, tornado, earthquake, or flood, are not considered “in relation to the business of the employer of the recipient” for purposes of FINRA Rule 3220(a). Proposed Rule 3220.07 would also state that such donations are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements of FINRA Rule 3220(c). FINRA stated that such donations would not be considered to be “in relation to the business of the employer of the recipient” because the nature of such disasters are unpredictable and catastrophic.
                    <SU>66</SU>
                    <FTREF/>
                     FINRA also stated that the proposed rule change should help minimize unnecessary burdens associated with applying the recordkeeping obligations to such gifts.
                    <SU>67</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>65</SU>
                         FAQs.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>66</SU>
                         Notice at 25677.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>67</SU>
                         
                        <E T="03">Id.</E>
                         at 25679.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">8. Proposed Rule 3220.08 (Supervision and Recordkeeping)</HD>
                <P>
                    FINRA Rule 3220(c) requires among other things, that members retain a separate record of all payments or gratuities in any amount known to the member for the period specified by Exchange Act Rule 17a-4.
                    <SU>68</SU>
                    <FTREF/>
                     Current FINRA guidance also states that FINRA Rule 3110 (formerly NASD Rule 3010) requires a member to have a supervisory system reasonably designed to achieve compliance with the Gifts Rule.
                    <SU>69</SU>
                    <FTREF/>
                     Current FINRA guidance further states that in order to meet the requirements of FINRA Rules 3220(c) and 3110, members are required to have systems and procedures reasonably designed to ensure that gifts in relation to the business of the employer of the recipient given by the member and its associated persons to employees of clients of the member are: (1) reported to the member, (2) reviewed for compliance with the Gifts Rule, including aggregation, and (3) maintained in the member's records.
                    <SU>70</SU>
                    <FTREF/>
                     Such procedures should include provisions reasonably designed to ensure that an associated person who is making a gift is not responsible for determining whether such gift is personal rather than in relation to the 
                    <PRTPAGE P="7574"/>
                    business of the recipient's employer.
                    <SU>71</SU>
                    <FTREF/>
                     Current FINRA guidance also states that items of 
                    <E T="03">de minimis</E>
                     value or nominal promotional or commemorative items are not subject to the Gifts Rule's record-keeping requirements.
                    <SU>72</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>68</SU>
                         
                        <E T="03">See</E>
                         NTM 06-69 at 3 (reminding members that the FINRA Gifts Rule requires “separate recordkeeping” of gifts and gratuities).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>69</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>70</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>71</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>72</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    Consistent with this guidance, proposed Rule 3220.08 would state that FINRA Rule 3110 requires a member to have a supervisory system reasonably designed to achieve compliance with FINRA Rule 3220. Proposed Rule 3220.08 would further state that to meet these standards, members would be required to have systems and procedures reasonably designed to ensure that payments and gratuities in relation to the business of the employer of the recipient given by the member and its associated persons to employees of another person would be: (1) reported to the member; (2) reviewed for compliance with FINRA Rule 3220; and (3) maintained in the member's records. In addition, proposed FINRA Rule 3220.08 would require that such procedures be reasonably designed to ensure that an associated person who is giving a payment or gratuity is not responsible for determining whether such payment or gratuity is in relation to the business of the recipient's employer.
                    <SU>73</SU>
                    <FTREF/>
                     FINRA stated that requiring a person other than the associated person giving the gift to assess the nature of the gift would encourage objectivity in making such determinations.
                    <SU>74</SU>
                    <FTREF/>
                     Consistent with existing guidance, proposed Rule 3220.08 would further state that members would not be required to maintain records of gifts that are excluded from the restrictions of the Gifts Rule pursuant to proposed FINRA Rules 3220.04 through 3220.07.
                </P>
                <FTNT>
                    <P>
                        <SU>73</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>74</SU>
                         
                        <E T="03">See</E>
                         Notice at 25678.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">9. Proposed FINRA Rule 3220.09 (Gifts to a Member's Associated Persons or Individual Retail Customers)</HD>
                <P>
                    The proposed rule change would add new Rule 3220.09, stating that FINRA Rule 3220 would not apply to gifts from a member to its own associated persons, or to gifts from a member or an associated person to individual retail customers. FINRA stated that new proposed Rule 3220.09 would clarify, and improve awareness and understanding of, the scope of the Gifts Rule.
                    <SU>75</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>75</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">D. Proposed Conforming Changes to the Non-Cash Compensation Rules</HD>
                <P>
                    The proposed rule change would make conforming changes to the gift limits in FINRA Rule 2310 (Direct Participation Programs), FINRA Rule 2320 (Variable Contracts of an Insurance Company), FINRA Rule 2341 (Investment Company Securities), and FINRA Rule 5110 (Corporate Financing Rule—Underwriting Terms and Arrangements) (collectively, the “Non-Cash Compensation Rules”).
                    <SU>76</SU>
                    <FTREF/>
                     FINRA stated that the Non-Cash Compensation Rules prohibit members and their associated persons from directly or indirectly accepting or making payments or offers of payments of any non-cash compensation to any person in connection with the sale of direct participation programs,
                    <SU>77</SU>
                    <FTREF/>
                     variable insurance contracts,
                    <SU>78</SU>
                    <FTREF/>
                     investment company securities,
                    <SU>79</SU>
                    <FTREF/>
                     and the public offerings of securities.
                    <SU>80</SU>
                    <FTREF/>
                     The Non-Cash Compensation Rules include exceptions from this prohibition for gifts that do not exceed $100 per individual per year and are not preconditioned on the achievement of a sales target.
                    <SU>81</SU>
                    <FTREF/>
                     Consistent with the proposed change to the gift limit in FINRA Rule 3220(a), the proposed rule change would raise the dollar limits in the Non-Cash Compensation Rules from $100 to $300.
                    <SU>82</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>76</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>77</SU>
                         
                        <E T="03">See</E>
                         FINRA Rule 2310(c) (Direct Participation Programs).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>78</SU>
                         
                        <E T="03">See</E>
                         FINRA Rule 2320(g)(4) (Variable Contracts of an Insurance Company).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>79</SU>
                         
                        <E T="03">See</E>
                         FINRA Rule 2341(l)(5) (Investment Company Securities).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>80</SU>
                         
                        <E T="03">See</E>
                         FINRA Rule 5110(f) (Corporate Financing Rule—Underwriting Terms and Arrangements); Notice at 25678.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>81</SU>
                         
                        <E T="03">See</E>
                         FINRA Rules 2310(c)(2)(A); 2320(g)(4)(A); 2341(l)(5)(A); 5110(f)(2)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>82</SU>
                         Notice at 25678; Amendment No.1; 
                        <E T="03">see</E>
                         proposed Rules 2310(c)(2)(A); 2320(g)(4)(A); 2341(l)(5)(A); 5110(f)(2)(A).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">III. Discussion and Commission Findings</HD>
                <P>
                    After careful review of the proposed rule change, the comment letters, and FINRA's responses to the comments, the Commission finds that the proposed rule change is consistent with the requirements of the Exchange Act and the rules and regulations thereunder that are applicable to a national securities association.
                    <SU>83</SU>
                    <FTREF/>
                     Specifically, the Commission finds that the proposed rule change is consistent with Section 15A(b)(6) of the Exchange Act, which requires, among other things, that FINRA rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
                    <SU>84</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>83</SU>
                         In approving this rule change, the Commission has considered the rule's impact on efficiency, competition, and capital formation. 
                        <E T="03">See</E>
                         15 U.S.C. 78c(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>84</SU>
                         15 U.S.C. 78
                        <E T="03">o</E>
                        -3(b)(6).
                    </P>
                </FTNT>
                <P>
                    The proposed rule change is reasonably designed to focus member compliance on the types of gifts that FINRA believes are more likely to be associated with the improprieties and improper incentives that the Gifts Rule is designed to address. In particular, increasing the gift limit from $100 to $300 reasonably reflects changes to purchasing power due to inflation since the gift limit was last raised in 1992, as well as approximately ten years of expected future inflation to reduce the frequency of future upward adjustments. In addition, codifying and clarifying guidance that provides member firms with clear and objective methods regarding the valuation, attribution, and aggregation of gifts, as well as the treatment of, among other things, personal gifts, bereavement gifts, 
                    <E T="03">de minimis</E>
                     gifts and promotional items, commemorative items, and donations associated with federally declared major disasters, should facilitate compliance and clarify regulatory expectations regarding the Gifts Rule.
                </P>
                <P>
                    Moreover, by codifying the obligation for members to maintain a supervisory system reasonably designed to achieve compliance with FINRA Rule 3220, the proposed rule change clarifies regulatory expectations, and reasonably imposes on member firms the obligation to oversee their compliance with the Gifts Rule, while allowing for supervisory flexibility appropriate to firms of different sizes and business models. In particular, requiring that a firm's procedures be reasonably designed to ensure that an associated person giving a gift is not responsible for determining whether a gift is in relation to the business of the recipient's employer, the proposed rule change would promote visibility for the firm and oversight of its associated persons' activities, and help foster objectivity in the evaluation of whether certain gifts are subject to the restrictions in the Gifts Rule. Accordingly, and as explained in more detail below, the Commission finds that the proposed rule change is consistent with Section 15A(b)(6) of the Exchange Act. The Commission addresses the proposed rule change's specific provisions, and any related comments, in turn.
                    <PRTPAGE P="7575"/>
                </P>
                <HD SOURCE="HD2">A. Increasing the Gift Limit from $100 to $300</HD>
                <P>
                    As stated above, the current gift limit of $100 has been in place since 1992 (the last time FINRA raised the gift limit).
                    <SU>85</SU>
                    <FTREF/>
                     As originally proposed in the Notice, the proposed rule change would have raised the gift limit from $100 to $250 to account for past, and some expected future, inflation.
                    <SU>86</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>85</SU>
                         
                        <E T="03">See supra</E>
                         note 19.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>86</SU>
                         Notice at 25675.
                    </P>
                </FTNT>
                <P>
                    Commenters generally supported the proposed rule change.
                    <SU>87</SU>
                    <FTREF/>
                     Specifically, commenters stated that the increase to the gift limit would more accurately reflect inflation and current business practices.
                    <SU>88</SU>
                    <FTREF/>
                     Some supportive commenters, however, requested that FINRA raise the gift limit further.
                    <SU>89</SU>
                    <FTREF/>
                     Two commenters recommended that FINRA raise the gift limit to $500,
                    <SU>90</SU>
                    <FTREF/>
                     while another commenter recommended raising it to $300.
                    <SU>91</SU>
                    <FTREF/>
                     These commenters stated that further increasing the gift limit would more appropriately reflect the impact of future inflation.
                    <SU>92</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>87</SU>
                         Letters from Patricia Reinard-Kopsa, Chief Compliance Officer, Trubee Wealth Advisors, at 1 (dated July 3, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-619927-1819774.html</E>
                         (“Trubee Letter”); Jessica R. Giroux, Chief Legal Officer, American Securities Association, at 1 (July 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-621567-1825174.pdf</E>
                         (“ASA Letter”); Michael Decker, Senior Vice President of Research and Public Policy, Bond Dealers of America, at 1 (dated July 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-621928-1825556.pdf,</E>
                         (“BDA Letter”); David T. Bellaire, Esq., Executive Vice President &amp; General Counsel, Financial Services Institute, at 1 (dated July 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-622028-1825654.pdf</E>
                         (“FSI Letter”); Clifford Kirsch and Eric Arnold, Eversheds Sutherland (US) LLP for the Committee of Annuity Insurers, at 2 (dated July 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-622347-1825994.pdf</E>
                         (“CAI Letter 1”); Bernard V. Canepa, Managing Director and Associate General Counsel, SIFMA, at 1 (dated July 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-622087-1825716.pdf</E>
                         (“SIFMA Letter 1”); Tara Buckley, Deputy General Counsel, Investment Company Institute, at 2 (dated July 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-624587-1839775.pdf</E>
                         (“ICI Letter”); Matt Billings, President, Robinhood Financial LLC and Robinhood Securities, LLC, at 1 (dated July 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-623867-1837254.pdf</E>
                         (“Robinhood Letter”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>88</SU>
                         
                        <E T="03">See</E>
                         ASA Letter at 1 (stating that increasing the gift limit is “a long overdue update that reflects inflation and current business realities, while maintaining appropriate safeguards to prevent conflicts of interest and excessive inducements”); Trubee Letter at 1 (stating that adjusting for inflation aligns the rule with today's business environment and the reasonable costs of business courtesies); BDA Letter at 1 (stating that this increase is sensible and necessary, reflects decades of inflation, and aligns the rule more closely with actual business practices).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>89</SU>
                         Robinhood Letter; FSI Letter; CAI Letter 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>90</SU>
                         Robinhood Letter; FSI Letter.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>91</SU>
                         CAI Letter 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>92</SU>
                         Robinhood Letter at 1 (stating that “a higher limit is necessary to take into account future inflation and the likelihood that the new limit will remain in place for many years”); FSI Letter (stating that a higher threshold for the gift limit would mitigate cost-of-living inequities and account for difference in purchasing power across parts of the country); CAI letter 1 (stating that “[a]n increase of the gift limit to $300 would provide for future inflation through 2035”).
                    </P>
                </FTNT>
                <P>
                    In response, FINRA amended the proposed rule change to increase the gift limit to $300.
                    <SU>93</SU>
                    <FTREF/>
                     While the $250 gift limit would have accounted for past, and “some” expected future, inflation, FINRA proposed raising the gift limit to $300 to account for potential future inflation for approximately ten years (based on the average rate of inflation since 1992).
                    <SU>94</SU>
                    <FTREF/>
                     FINRA stated that such an increase would “account for future inflation as well as cost-of-living inequities and differences in purchasing power across parts of the country” 
                    <SU>95</SU>
                    <FTREF/>
                     and reduce the frequency of future upward adjustments.
                    <SU>96</SU>
                    <FTREF/>
                     FINRA further stated, however, that it would periodically review the gift limit to determine if further increases are warranted.
                    <SU>97</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>93</SU>
                         
                        <E T="03">See</E>
                         Amendment No. 1; 
                        <E T="03">see also</E>
                         FINRA Letter 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>94</SU>
                         FINRA Letter 1 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>95</SU>
                         
                        <E T="03">Id.</E>
                         at 2-3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>96</SU>
                         
                        <E T="03">Id.</E>
                         at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>97</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    Commenters also generally supported the proposed rule change, as modified by Amendment No. 1.
                    <SU>98</SU>
                    <FTREF/>
                     Several of these commenters stated that raising the annual gift limit from $100 to $300 would adjust for inflation while also ensuring proper investor protections.
                    <SU>99</SU>
                    <FTREF/>
                     Another commenter, however, requested that FINRA further raise the gift limit to $500.
                    <SU>100</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>98</SU>
                         Clifford Kirsch and Eric Arnold, Eversheds Sutherland (US) LLP for the Committee of Annuity Insurers, at 2 (dated Oct. 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-667807-2004514.pdf</E>
                         (“CAI Letter 2”) (stating that FINRA's decision to raise the gift limit to $300 will provide for future inflation through 2035); Bernard V. Canepa, Managing Director and Associate General Counsel, SIFMA, at 1 (dated Oct. 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-667967-2004694.pdf</E>
                         (“SIFMA Letter 2”); Letter Type A, 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-typea.htm.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>99</SU>
                         
                        <E T="03">See</E>
                         Letter Type A; 
                        <E T="03">see also</E>
                         CAI Letter 2 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>100</SU>
                         Jeanine Blackman, CCO, Reagan Securities, at 1 (dated Oct. 8, 2025), 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2025-003/srfinra2025003-668047-2005435.pdf</E>
                         (“Reagan Letter”).
                    </P>
                </FTNT>
                <P>
                    In response, FINRA stated that it previously considered commenters' suggestion to raise the gift limit to $500 
                    <SU>101</SU>
                    <FTREF/>
                     and continues to believe that a $300 gift limit is appropriate for the reasons expressed in its first response letter.
                    <SU>102</SU>
                    <FTREF/>
                     Specifically, a $300 gift limit should account for approximately 10 years of future inflation, thereby reducing the frequency of future upward adjustments.
                    <SU>103</SU>
                    <FTREF/>
                     FINRA further stated, however, that it would periodically review the gift limit to determine if further increases are warranted.
                    <SU>104</SU>
                    <FTREF/>
                     For these reasons, FINRA has determined not to propose further changes to the gift limit at this time.
                    <SU>105</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>101</SU>
                         
                        <E T="03">See supra</E>
                         note 90 and accompanying text.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>102</SU>
                         
                        <E T="03">See</E>
                         FINRA Letter 2 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>103</SU>
                         
                        <E T="03">See</E>
                         FINRA Letter 1 at 3; FINRA Letter 2 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>104</SU>
                         FINRA Letter 1 at 3; FINRA Letter 2 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>105</SU>
                         FINRA Letter 1 at 3; FINRA Letter 2 at 3.
                    </P>
                </FTNT>
                <P>
                    Several commenters recommended that FINRA establish a process to encourage a more frequent reevaluation of the gift limit in order to account for inflation.
                    <SU>106</SU>
                    <FTREF/>
                     One of these commenters suggested that FINRA amend the proposed rule change to require a formal recalculation of the gift limit on a periodic basis based on the annual rate of inflation as calculated by the Consumer Price Index (or some similar metric).
                    <SU>107</SU>
                    <FTREF/>
                     Similarly, a commenter recommended that FINRA amend the proposed rule change to establish a “self-executing” formula that would adjust the gift limit on an ongoing basis.
                    <SU>108</SU>
                    <FTREF/>
                     Alternatively, commenters recommended that FINRA commit to periodically reconsider the gift limit after a specified time period.
                    <SU>109</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>106</SU>
                         
                        <E T="03">See</E>
                         CAI Letter 1 at 2; ASA Letter at 2; FSI Letter at 3; ICI Letter at 2; SIFMA Letter 1 at 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>107</SU>
                         CAI Letter 1 at 2 (stating that this approach would align the gift limit with economic conditions on a regular basis without FINRA having to expend time and resources amending the rule).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>108</SU>
                         ICI Letter at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>109</SU>
                         
                        <E T="03">See id.</E>
                         at 2 (recommending that in lieu of establishing a self-executing formula FINRA amend the proposed rule change to require it to revisit the gift limit no less frequently than every five years); SIFMA Letter 1 at 1 (recommending that FINRA periodically review the gift limit every five years); FSI Letter at 3 (recommending that FINRA mandate a review cycle every three years); ASA Letter at 2 (recommending that FINRA periodically review the gift limit to ensure it remains appropriate in light of future inflation and evolving business practices).
                    </P>
                </FTNT>
                <P>
                    In response, FINRA stated that in determining the proposed $300 gift limit, it considered the average annual rate of inflation since 1992 (the last time it raised the gift limit to $100) and concluded that the proposed $300 gift limit should account for future inflation for approximately 10 years.
                    <SU>110</SU>
                    <FTREF/>
                     FINRA stated that the proposed increase should therefore reduce the frequency of future upward adjustments.
                    <SU>111</SU>
                    <FTREF/>
                     As such, FINRA stated that it believes that there is no need to commit to a specific amount of time to periodically review the gift limit at this time.
                    <SU>112</SU>
                    <FTREF/>
                     Nevertheless, FINRA 
                    <PRTPAGE P="7576"/>
                    also stated that it intends to periodically review the gift limit to determine if further increases are warranted.
                    <SU>113</SU>
                    <FTREF/>
                     For these reasons, FINRA declined to further amend the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>110</SU>
                         FINRA Letter 1 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>111</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>112</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>113</SU>
                         
                        <E T="03">Id.; see also</E>
                         Notice at 25675.
                    </P>
                </FTNT>
                <P>The proposed rule change increasing the gift limit from $100 to $300 is reasonably designed to account for inflation since 1992 (when the gift limit was last adjusted) as well as potential future inflation for the next ten years. Raising the gift limit to $300 more accurately reflects current and anticipated economic conditions while maintaining the fundamental limitations to minimize potential improprieties, such as conflicts of interest, that FINRA believes may arise when a member or an associated person makes a gift to an employee of another person. FINRA intends to periodically review the gift limit to determine if further increases are warranted, which should help ensure that the gift limit reflects future economic conditions. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.</P>
                <HD SOURCE="HD2">B. Exemptive Relief</HD>
                <P>
                    As stated above, proposed FINRA Rule 3220(d) would authorize FINRA to conditionally or unconditionally grant an exemption from any provision of FINRA Rule 3220. Specifically, proposed Rule 3220(d) would state that FINRA staff may grant exemptions, pursuant to the FINRA Rule 9600 Series,
                    <SU>114</SU>
                    <FTREF/>
                     from FINRA Rule 3220 “for good cause shown after taking into consideration all relevant factors . . . to the extent that such exemption is consistent with the purpose of the Rule, the protection of investors, and the public interest.” 
                    <SU>115</SU>
                    <FTREF/>
                     Commenters generally supported this proposed rule change,
                    <SU>116</SU>
                    <FTREF/>
                     with one recommending that FINRA issue guidance to assist members in assessing when a potential request may be appropriate.
                    <SU>117</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>114</SU>
                         Pursuant to FINRA Rule 9610, a member seeking exemptive relief must file an application with FINRA containing the member's name and address, the name of a person associated with the member who will serve as the primary contact for the application, the rule from which the member is seeking an exemption, and a detailed statement of the grounds for granting the exemption.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>115</SU>
                         Proposed Rule 3220(d).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>116</SU>
                         Trubee Letter at 1; CAI Letter 1 at 2; ASA Letter at 1 (stating that a process for exemptive relief provides needed flexibility and recognizes the diversity of firm sizes, business models, and circumstances in the industry).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>117</SU>
                         CAI Letter 1 at 2 (stating that such guidance could save members time and resources by avoiding unnecessary requests).
                    </P>
                </FTNT>
                <P>
                    In response, FINRA stated that it is premature to provide further guidance regarding when a potential exemptive request may be appropriate because the proposed rule change has not been approved. However, FINRA stated that if the proposed rule change is approved, it welcomes future discussion on this topic.
                    <SU>118</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>118</SU>
                         FINRA Letter 1 at 7.
                    </P>
                </FTNT>
                <P>The proposed rule change authorizing FINRA to grant exemptive relief from any provision of the Gifts Rule is reasonably designed to provide FINRA with flexibility to address issues that may arise under the Gifts Rule, taking into account specific factual circumstances, and in light of differences among members, including their size and business models. In addition, FINRA has committed to further discussion of the potential application of this rule change after the rule has been approved. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.</P>
                <HD SOURCE="HD2">C. Supplementary Material</HD>
                <P>As stated above, the proposed rule change would add Supplementary Material to FINRA Rule 3220 consistent with current FINRA staff guidance related to the Gifts Rule, as well as new material not covered by existing guidance. The Commission discusses each individual Supplementary Material and comments and responses in turn below.</P>
                <HD SOURCE="HD3">1. Proposed Rule 3220.01 (Gifts Incidental to Business Entertainment)</HD>
                <P>
                    As stated above, proposed Rule 3220.01 would clarify that gifts given during the course of a business entertainment event would be subject to the Gifts Rule unless it is a personal gift under proposed Rule 3220.04 (Personal Gifts) or of 
                    <E T="03">de minimis</E>
                     value or a promotional or commemorative item under proposed Rule 3220.06 (
                    <E T="03">De Minimis</E>
                     Gifts and Promotional or Commemorative Items).
                </P>
                <P>
                    In addition to generally supporting the proposed rule change, a commenter recommended that after the proposed rule change has been approved, FINRA provide “clear and formal clarification regarding the treatment of business entertainment under the rule.” 
                    <SU>119</SU>
                    <FTREF/>
                     The commenter stated that additional regulatory clarity would reduce ambiguity and support more consistent and cost-effective compliance.
                    <SU>120</SU>
                    <FTREF/>
                     Several commenters also recommended that FINRA harmonize its treatment of gifts across regulatory regimes.
                    <SU>121</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>119</SU>
                         BDA Letter at 1-2 (recommending FINRA provide clear, formal guidance confirming that reasonable entertainment falls outside the annual limit).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>120</SU>
                         
                        <E T="03">Id.</E>
                         at 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>121</SU>
                         
                        <E T="03">See</E>
                         ASA Letter at 2; BDA Letter at 1-2 (stating that “[f]or the sake of regulatory coherence, FINRA and [Municipal Securities Rulemaking Board (MSRB)] rules should align as closely as possible”); SIFMA Letter 1 at 2 (recommending that FINRA work with the MSRB and the exchanges to identify additional areas where gift requirements could be harmonized).
                    </P>
                </FTNT>
                <P>
                    In response, FINRA stated that other than increasing the dollar limit for gifts given during a business entertainment event, the treatment of such events themselves is outside the scope of the proposed rule change, and noted that the current guidance on business entertainment continues to apply.
                    <SU>122</SU>
                    <FTREF/>
                     Moreover, FINRA stated that it is premature to provide further guidance or make additional changes prior to Commission approval of the proposed rule change.
                    <SU>123</SU>
                    <FTREF/>
                     Finally, FINRA stated that it appreciated comments regarding regulatory harmonization and will take them under advisement.
                    <SU>124</SU>
                    <FTREF/>
                     As such, FINRA declined to further amend the proposed rule change at this time but welcomed future discussion on these topics, including on whether additional guidance may be warranted.
                    <SU>125</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>122</SU>
                         
                        <E T="03">See</E>
                         FINRA Letter 1 at 8, n.19. Similarly, another commenter requested guidance regarding whether training and education expenses are permitted under the Gifts Rule. ICI Letter at 3. FINRA stated that commenter's request related to FINRA's non-cash compensation rules, which are generally outside the scope of the proposed rule change. 
                        <E T="03">See</E>
                         FINRA Letter 1 at 8, n.19 (noting that the current rules on non-cash compensation continue to apply).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>123</SU>
                         FINRA Letter 1 at 8.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>124</SU>
                         
                        <E T="03">Id.</E>
                         at 7, n. 18.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>125</SU>
                         
                        <E T="03">Id.</E>
                         at 7-8.
                    </P>
                </FTNT>
                <P>
                    Proposed Rule 3220.01 is reasonably designed to clarify the application of the Gifts Rule to certain gifts given during the course of business entertainment events. Current FINRA guidance states that there is no FINRA rule that expressly excludes gifts given during the course of business entertainment and conferences from the restrictions of the Gifts Rule. As such, gifts given during a business entertainment event should be treated like any other gift subject to FINRA Rule 3220. Specifically, such a gift would be subject to the restrictions of the Gifts Rule unless it is a personal gift under proposed Rule 3220.04 or of 
                    <E T="03">de minimis</E>
                      
                    <PRTPAGE P="7577"/>
                    value or a promotional or commemorative item under proposed Rule 3220.06. By clarifying the application of the Gifts Rule, the proposed rule change would facilitate compliance and provide regulatory certainty to members that provide gifts in the course of business entertainment events. In addition, while comments regarding further regulatory harmonization are out of scope of the proposed rule change, FINRA has indicated both that it will take those comments under advisement and its openness to future discussion regarding the need for additional guidance. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
                </P>
                <HD SOURCE="HD3">2. Proposed Rule 3220.02 (Valuation of Gifts)</HD>
                <P>As stated above, proposed Rule 3220.02 would, consistent with current FINRA guidance, require members to value tickets for sporting or other events at the higher of cost or face value. In addition, it would require members to value all other gifts at cost (rather than at the higher of cost or market value as is the case under current FINRA guidance), exclusive of tax and delivery charges. If a gift is given to multiple recipients, proposed Rule 3220.02 would require members to record the names of each recipient and calculate and record the value of the gift on a pro rata, per-recipient basis for purposes of ensuring compliance with the $300 gift limit.</P>
                <P>
                    Commenters supported the proposed rule change.
                    <SU>126</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>126</SU>
                         LeGaye Letter at 1 (supporting FINRA's “clear, practical guidance regarding valuation”); ASA Letter at 2 (stating that allowing members to value most gifts at cost (exclusive of tax and delivery), rather than the higher cost or market value, will reduce subjectivity and compliance costs).
                    </P>
                </FTNT>
                <P>The proposed rule change is reasonably designed to provide members with clear and objective methods to value gifts under the Gifts Rule. Current FINRA guidance advises members to value gifts (other than tickets for sporting or other events) at the higher of cost or market value exclusive of tax and delivery charges. However, determining a gift's market value can be difficult and could introduce complexity and subjectivity to the valuation process, thus creating compliance uncertainty. Requiring members to value certain gifts at cost is a clearer and more objective method to achieve the purposes of the Gifts Rule while minimizing unnecessary compliance burdens. It is also appropriate for FINRA to distinguish tickets to sporting or other events from other gifts, because such tickets are commonly purchased on secondary markets at a cost that is different from the face value and the face value of such tickets is typically readily determinable. Finally, requiring members to record the names of each recipient of a gift given to multiple recipients and calculate and record the value of such gift on a pro rata, per-recipient basis should help clarify regulatory expectations and facilitate regulatory oversight of compliance with the proposed rule. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.</P>
                <HD SOURCE="HD3">3. Proposed Rule 3220.03 (Aggregation of Gifts)</HD>
                <P>
                    As stated above, the proposed rule change would require a member to aggregate all gifts given by the member and each associated person of the member to a particular recipient over the course of the year for purposes of ensuring compliance with the $300 gift limit in proposed Rule 3220(a). Proposed Rule 3220.03 would also require that each member state in its procedures whether it is aggregating all gifts given by the member and its associated persons on a calendar year, fiscal year, or on a rolling basis beginning with the first gift to any particular recipient. The aggregation requirement would not, however, apply to personal gifts under proposed Rule 3220.04 or to gifts of 
                    <E T="03">de minimis</E>
                     value or promotional or commemorative items under proposed Rule 3220.06.
                </P>
                <P>
                    Two commenters supported proposed Rule 3220.03.
                    <SU>127</SU>
                    <FTREF/>
                     One of the two stated that the aggregation requirement is appropriately tailored to the rule's purpose and provides clear direction for members.
                    <SU>128</SU>
                    <FTREF/>
                     The other commenter commended FINRA for codifying clear practical guidance regarding aggregation.
                    <SU>129</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>127</SU>
                         
                        <E T="03">See</E>
                         ASA Letter at 2; LeGaye Letter at 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>128</SU>
                         ASA Letter at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>129</SU>
                         LeGaye Letter at 1.
                    </P>
                </FTNT>
                <P>
                    The proposed aggregation requirement is reasonably designed to help avoid circumvention of the $300 annual gifts limit by giving multiple gifts below the threshold in a year to the same recipient. The proposed rule also reasonably excludes from the aggregation requirement personal gifts, as well as gifts of 
                    <E T="03">de minimis</E>
                     value or promotional or commemorative items, since such gifts would be excluded from the gifts limit under proposed Rules 3220.04 and 3220.06. In addition, by allowing three aggregation methods, whether on a calendar year, fiscal year, or on a rolling basis, the proposed aggregation requirement provides flexibility for members to choose a method that best reflects their business operations. Finally, codifying existing guidance requiring members to address in their procedures how they intend to aggregate the gifts given by them and their associated persons should facilitate regulatory oversight. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
                </P>
                <HD SOURCE="HD3">4. Proposed Rule 3220.04 (Personal Gifts)</HD>
                <P>
                    As stated above, the proposed rule change would exclude gifts that are given for infrequent life events (
                    <E T="03">e.g.,</E>
                     a wedding gift or a congratulatory gift for the birth of a child) from the gift limit restrictions in FINRA Rule 3220(a) and recordkeeping requirements in FINRA Rule 3220(c), provided such gifts are customary and reasonable, personal in nature, and not in relation to the business of the employer of the recipient. In determining whether a gift is “personal in nature and not in relation to the business of the employer of the recipient,” proposed Rule 3220.04 states that members should consider a number of factors, including the nature of any pre-existing personal or family relationship between the person giving the gift and the recipient and whether the associated person paid for the gift.
                    <SU>130</SU>
                    <FTREF/>
                     However, under the proposed rule change, FINRA would presume that any gift for which a member bears the cost, either directly or by reimbursing an associated person, to be not personal in nature and instead in relation to the business of the employer of the recipient.
                    <SU>131</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>130</SU>
                         In addition, proposed Rule 3220.08 would require that a member's supervisory system for compliance with Rule 3220 be reasonably designed to ensure that an associated person who is giving a payment or gratuity is not responsible for determining whether such payment or gratuity is in relation to the business of the recipient's employer.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>131</SU>
                         Proposed Rule 3220.08.
                    </P>
                </FTNT>
                <P>
                    Commenters expressed support for proposed Rule 3220.04, stating that it will help reduce ambiguity around what constitutes a personal gift 
                    <SU>132</SU>
                    <FTREF/>
                     and help members implement more effective compliance programs.
                    <SU>133</SU>
                    <FTREF/>
                     Other 
                    <PRTPAGE P="7578"/>
                    commenters requested that FINRA amend the personal gift exception under Supplementary Material 3220.04.
                    <SU>134</SU>
                    <FTREF/>
                     One of these commenters recommended that FINRA amend the proposed rule change or provide guidance to clarify that a personal gift would not lose its exempt status solely because a member reimburses the associated person for the gift, provided the member: (1) has reasonable controls to confirm that the gift is personal and not related to the recipient's business duties; and (2) treats the reimbursement, for accounting purposes, as a personal or registered representative gift expense, rather than a client entertainment or marketing expense.
                    <SU>135</SU>
                    <FTREF/>
                     Another commenter suggested the Commission approve the proposed rule change but that FINRA revisit, at a future time, the limitations on personal gifts given on a more frequent basis (
                    <E T="03">e.g.,</E>
                     birthday or holiday gifts) that are paid for by an associated person.
                    <SU>136</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>132</SU>
                         
                        <E T="03">See</E>
                         Trubee Letter at 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>133</SU>
                         
                        <E T="03">See</E>
                         ASA Letter at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>134</SU>
                         LeGaye Letter at 2; SIFMA Letter 1 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>135</SU>
                         LeGaye Letter at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>136</SU>
                         SIFMA Letter 1 at 3.
                    </P>
                </FTNT>
                <P>
                    In response, FINRA stated that the personal gift exclusion is designed to eliminate the restrictions and recordkeeping requirements for gifts that do not typically create the types of improper incentives that the Gifts Rule seeks to avoid when gifts are given in relation to the business of the recipient's employer.
                    <SU>137</SU>
                    <FTREF/>
                     FINRA further stated that the current guidance, codified by the proposed rule change, presumes such improprieties may exist when a member reimburses an employee for the cost of a gift to an employee of another person with the hope of strengthening the business relationship with them, regardless of whether the member treats the reimbursement as personal for accounting purposes.
                    <SU>138</SU>
                    <FTREF/>
                     For these reasons, FINRA declined to amend the proposed rule change.
                    <SU>139</SU>
                    <FTREF/>
                     However, FINRA stated that it welcomes continued discussion on whether additional guidance on personal gifts may be warranted, but noted that under current guidance, the personal gift exclusion is not intended to cover gifts given for events that occur frequently or even annually, such as birthdays.
                    <SU>140</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>137</SU>
                         FINRA Letter 1 at 5-6.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>138</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>139</SU>
                         
                        <E T="03">Id.</E>
                         at 6.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>140</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>The proposed rule change to exclude gifts that are given for infrequent life events from the gift limit restrictions in FINRA Rule 3220(a) and recordkeeping requirements in FINRA Rule 3220(c), provided such gifts are customary and reasonable, personal in nature, and not in relation to the business of the employer of the recipient, is reasonably designed to distinguish between gifts that FINRA believes raise the prospect of improper incentives from those that are less likely to do so. Specifically, requiring that members consider a number of factors, including the nature of any pre-existing personal or family relationship between the person giving the gift and the recipient and whether the associated person paid for the gift, in determining whether a gift is “personal in nature” (and so eligible for this exclusion) should help members reasonably distinguish between gifts that are personal and those that are in relation to the business of the employer. In addition, codifying the presumption that a gift whose cost is reimbursed by the member is a gift given for business reasons, is also a reasonable codification of existing guidance, and appropriately focuses members on the type of gifts that FINRA believes may be associated with the improprieties the Gifts Rule is meant to address. Moreover, requiring that any gift given for infrequent life events also be “customary and reasonable,” should help limit the factual situations under which the exclusion may apply as well as the potential improper incentives that the Gifts Rule is designed to address. By excluding certain gifts that FINRA believes are less likely to raise the prospect of improper incentives, the proposed rule change appropriately minimizes unnecessary burdens associated with applying the recordkeeping obligations to such gifts. In addition, proposed Rule 3220.04 should help enhance regulatory clarity by codifying existing FINRA guidance describing the types of factors a member should consider in determining whether a gift is “personal in nature and not in relation to the business of the employer of the recipient.” Nevertheless, FINRA has indicated its openness to future discussion regarding the need for additional guidance. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.</P>
                <HD SOURCE="HD3">5. Proposed Rule 3220.05 (Bereavement Gifts)</HD>
                <P>
                    As originally proposed in the Notice, proposed Rule 3220.04 would have treated a bereavement gift sent on behalf of a member or its associated persons as a personal gift given for an infrequent life event not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c), provided the gift was customary and reasonable, personal in nature, and not in relation to the business of the employer of the recipient. The member would, therefore, have been required to consider a number of factors, including the nature of any pre-existing personal or family relationship between the person giving the gift and the recipient and whether the associated person paid for the gift, when determining whether the gift is “personal in nature and not in relation to the business of the employer of the recipient.” 
                    <SU>141</SU>
                    <FTREF/>
                     Moreover, if a member bore the cost of the gift, either directly or by reimbursing an associated person, FINRA would have presumed the gift was not personal in nature and instead in relation to the business of the employer of the recipient and subject to the gift limit and recordkeeping requirement of FINRA Rule 3220(a) and (c) respectively.
                    <SU>142</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>141</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 3220.04, as originally proposed in the Notice.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>142</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    One commenter opposed this proposed rule change, stating that as originally proposed Rule 3220.04 should not have bundled bereavement gifts with personal gifts because current guidance does not treat reasonable and customary bereavement gifts (regardless of who bears the cost) as being “in relation to the business of the employer of the recipient.” 
                    <SU>143</SU>
                    <FTREF/>
                     As such, this commenter stated that all customary and reasonable bereavement gifts should not be subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c), regardless of who bears the cost for it.
                    <SU>144</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>143</SU>
                         SIFMA Letter 1 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>144</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In response, FINRA stated that it agreed with the commenter's “observation that, under current guidance, customary and reasonable bereavement gifts from members are not considered in relation to the business of the employer of the recipient” 
                    <SU>145</SU>
                    <FTREF/>
                     and amended the proposed rule change, separating the proposed supplementary material on bereavement gifts and personal gifts.
                    <SU>146</SU>
                    <FTREF/>
                     As modified by Amendment No. 1, proposed Rule 3220.05 would state that bereavement gifts that are customary and reasonable are not considered to be in relation to the business of the employer of the recipient and, therefore, are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c).
                </P>
                <FTNT>
                    <P>
                        <SU>145</SU>
                         FINRA Letter 1 at 4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>146</SU>
                         
                        <E T="03">Id.</E>
                         at 4-5.
                    </P>
                </FTNT>
                <PRTPAGE P="7579"/>
                <P>
                    Commenters supported the proposed rule change, as modified by Amendment No. 1.
                    <SU>147</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>147</SU>
                         CAI Letter 2 at 2; SIFMA Letter 2 at 1 (stating that the amended proposal reflects a balanced and pragmatic approach that recognizes evolving business practices).
                    </P>
                </FTNT>
                <P>
                    The proposed rule change excluding any customary and reasonable bereavement gift from the gift limit restrictions in FINRA Rule 3220(a) and recordkeeping requirements in FINRA Rule 3220(c) is reasonably designed to codify a narrowly tailored exclusion for a type of gift that FINRA reasonably believes typically does not create the types of improper incentives that the Gifts Rule seeks to address. Since 2007, FINRA staff guidance has excluded “reasonable and customary” bereavement gifts from the gift limit restrictions by deeming them not to be “in relation to the business of the employer of the recipient.” 
                    <SU>148</SU>
                    <FTREF/>
                     Proposed Rule 3220.05 would provide regulatory clarity to members who were previously relying on FINRA staff guidance.
                    <SU>149</SU>
                    <FTREF/>
                     Proposed Rule 3220.05 limits the exclusion to bereavement gifts that are “customary and reasonable,” and, as FINRA states, are, by their nature, infrequent, thus limiting the factual situations under which the exclusion may apply, as well as the potential improper incentives that the Gifts Rule is designed to address. By excluding certain gifts that FINRA believes are less likely to raise the prospect of improper incentives, the proposed rule change appropriately minimizes unnecessary burdens associated with applying the recordkeeping obligations to such gifts. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>148</SU>
                         
                        <E T="03">See</E>
                         Aly Letter.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>149</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">6. Proposed Rule 3220.06 (De minimis Gifts and Promotional or Commemorative Items)</HD>
                <P>
                    As stated above, proposed Rule 3220.06(a) would state that gifts of a 
                    <E T="03">de minimis</E>
                     value (
                    <E T="03">e.g.,</E>
                     pens, notepads, or modest desk ornaments) or promotional items of nominal value that display the member's logo (
                    <E T="03">e.g.,</E>
                     umbrellas, tote bags, or shirts) are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c), provided that the value of the gift or promotional item is “substantially below” the $300 limit. Similarly, proposed Rule 3220.06(b) would state that customary and reasonable solely decorative items commemorating a business transaction are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements in FINRA Rule 3220(c).
                </P>
                <P>
                    Several commenters supported the codification of prior guidance, including the codification of existing FINRA guidance on 
                    <E T="03">de minimis</E>
                     gifts.
                    <SU>150</SU>
                    <FTREF/>
                     Three of these commenters, however, suggested that FINRA provide additional guidance on the application of proposed Rule 3220.06: 
                    <SU>151</SU>
                    <FTREF/>
                     one recommended that FINRA provide guidance on what constitutes “substantially below” the gift limit; 
                    <SU>152</SU>
                    <FTREF/>
                     the second suggested that FINRA amend proposed Rule 3220.06 to set a clear threshold of $100 for 
                    <E T="03">de minimis</E>
                     gifts and promotional items displaying a firm's logo; 
                    <SU>153</SU>
                    <FTREF/>
                     and the third recommended the Commission approve the proposed rule change but that FINRA consider at a future time providing examples to distinguish between promotional and 
                    <E T="03">de minimis</E>
                     items to avoid confusion when certain items fall into one or both categories.
                    <SU>154</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>150</SU>
                         
                        <E T="03">See</E>
                         Trubee Letter at 1 (stating that codifying existing guidance within the rule text helps eliminate ambiguity around what constitutes a gift versus personal or 
                        <E T="03">de minimis</E>
                         items); ASA Letter at 2 (stating that the codification of the treatment of personal, 
                        <E T="03">de minimis,</E>
                         and disaster-related gifts, are welcome clarifications that will help firms implement more effective compliance programs); 
                        <E T="03">see also</E>
                         CAI Letter 1 at 2, Robinhood Letter at 1; SIFMA Letter 1 at 1-2 (stating that SIFMA appreciates FINRA's efforts to incorporate and substantially codify existing guidance related to the Gifts Rule).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>151</SU>
                         
                        <E T="03">See</E>
                         CAI Letter 1 at 2-3; Robinhood Letter at 1; SIFMA Letter 1 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>152</SU>
                         CAI Letter 1 at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>153</SU>
                         Robinhood Letter at 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>154</SU>
                         SIFMA Letter 1 at 4.
                    </P>
                </FTNT>
                <P>
                    In response, FINRA stated that by codifying existing guidance requiring the value of 
                    <E T="03">de minimis</E>
                     gifts and promotional items to be “substantially below” the gift limit, the proposed rule change will provide members more flexibility than establishing a firm dollar threshold.
                    <SU>155</SU>
                    <FTREF/>
                     FINRA also stated that it would not provide additional guidance at this time, but stated that it would consider what additional guidance may be warranted if the Commission approves the proposed rule change.
                    <SU>156</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>155</SU>
                         FINRA Letter 1 at 6.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>156</SU>
                         
                        <E T="03">Id.</E>
                         at 6, n.16.
                    </P>
                </FTNT>
                <P>
                    The proposed rule change to exclude gifts of 
                    <E T="03">de minimis</E>
                     value and promotional items of nominal value that display the member's logo from the gift limit restrictions in FINRA Rule 3220(a) and recordkeeping requirements in FINRA Rule 3220(c) is reasonably designed to distinguish between gifts that FINRA believes raise the prospect of improper incentives from those that are less likely to do so. In addition, the proposed rule change raising to $300 from $100 the value that 
                    <E T="03">de minimis</E>
                     gifts and promotional items subject to proposed Rule 3220.06 must fall “substantially below” in order to qualify for the exclusion is reasonably designed to account for current and anticipated economic conditions (described above) while helping limit the factual situations under which the exclusion may apply, as well as the potential improper incentives that the Gifts Rule is designed to address. By excluding certain gifts that FINRA believes are less likely to raise the prospect of improper incentives, the proposed rule change appropriately minimizes unnecessary burdens associated with applying the recordkeeping obligations to such gifts. Regarding commenters' requests for additional guidance, FINRA indicated that it would consider what additional guidance may be warranted if the Commission approves the proposed rule change.
                </P>
                <P>
                    Similarly, the proposed rule change to exclude customary and reasonable “solely decorative” items commemorating a business transaction from the gift limit restrictions in FINRA Rule 3220(a) and recordkeeping requirements in FINRA Rule 3220(c) is reasonably designed to distinguish between gifts that FINRA believes raise the prospect of improper incentives from those items that do not. In particular, requiring that such gifts be “customary and reasonable” would subject such common commemorative items as Lucite tombstones or plaques to reasonable limitations given the potential improprieties that may be associated with the receipt of such items. Additionally, as FINRA notes, the restrictions of the Gifts Rule would apply where an item is not solely decorative, irrespective of whether the item was intended to commemorate a business transaction.
                    <SU>157</SU>
                    <FTREF/>
                     In addition, proposed Rule 3220.06 should help facilitate members' compliance with the rule by codifying existing guidance with which members are familiar. By excluding certain gifts that FINRA believes are less likely to raise the prospect of improper incentives, the proposed rule change appropriately minimizes unnecessary burdens associated with applying the recordkeeping obligations to such gifts. Regarding commenter requests for 
                    <PRTPAGE P="7580"/>
                    additional guidance, FINRA indicated that it would consider what additional guidance may be warranted if the Commission approves the proposed rule change. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>157</SU>
                         Notice at 25677. For example, FINRA stated that providing employees of an Institutional Customer with elaborate electronic equipment following the closing of a transaction would be subject to the gift limit. 
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">7. Proposed Rule 3220.07 (Donations Due to Federally Declared Major Disasters)</HD>
                <P>As stated above, proposed Rule 3220.07 would state that donations by a member or an associated person to any person, principal, proprietor, employee, agent, or representative of another person to provide assistance to the individual for losses sustained in a natural event that the President has declared to be a major disaster, such as a wildfire, hurricane, tornado, earthquake, or flood, are not considered “in relation to the business of the employer of the recipient” for purposes of FINRA Rule 3220(a). Proposed Rule 3220.07 would also state that such donations are not subject to the gift limit restrictions in FINRA Rule 3220(a) or the recordkeeping requirements of FINRA Rule 3220(c).</P>
                <P>
                    Commenters supported the proposed rule change,
                    <SU>158</SU>
                    <FTREF/>
                     including one commenter stating that codifying the treatment of disaster-related gifts should help members implement more effective compliance programs.
                    <SU>159</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>158</SU>
                         
                        <E T="03">See supra</E>
                         note 87.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>159</SU>
                         ASA Letter at 2.
                    </P>
                </FTNT>
                <P>
                    The proposed rule change, which codifies guidance first issued in 2020,
                    <SU>160</SU>
                    <FTREF/>
                     is narrowly tailored to permit member firms and their associated persons to assist individuals solely for losses sustained in Presidentially declared major disasters, which FINRA notes are, by their nature, unpredictable and catastrophic.
                    <SU>161</SU>
                    <FTREF/>
                     Limiting such gifts to losses associated with a “major disaster” declared “by the President” will help to facilitate compliance by providing a clear precondition to the rule's application and also restrict the factual situations in which it applies. Proposed Rule 3220.07 would thus appropriately account for the potential for improprieties that may be associated with such gifts in light of the wish of members and associated persons to help the victims of Presidentially declared major disasters. By excluding certain gifts that FINRA believes are less likely to raise the prospect of improper incentives, the proposed rule change appropriately minimizes unnecessary burdens associated with applying the recordkeeping obligations to such gifts. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>160</SU>
                         
                        <E T="03">See</E>
                         FAQs.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>161</SU>
                         
                        <E T="03">See</E>
                         Notice at 25677.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">8. Proposed Rule 3220.08 (Supervision and Recordkeeping)</HD>
                <P>As stated above, proposed Rule 3220.08 would state that FINRA Rule 3110 requires a member to have a supervisory system reasonably designed to achieve compliance with FINRA Rule 3220. To meet these standards, proposed Rule 3220.08 would require members to have systems and procedures reasonably designed to ensure that payments and gratuities in relation to the business of the employer of the recipient given by the member and its associated persons to employees of another person are: (a) reported to the member; (b) reviewed for compliance with FINRA Rule 3220; and (c) maintained in the member's records. In addition, proposed Rule 3220.08 would require that such procedures be reasonably designed to ensure that an associated person who is giving a payment or gratuity is not responsible for determining whether such payment or gratuity is in relation to the business of the recipient's employer. Proposed Rule 3220.08 would further state that members are not required to maintain records of gifts that are excluded from the restrictions of the Gifts Rule consistent with the requirements of proposed Rules 3220.04 through 3220.07.</P>
                <P>
                    Commenters supported the proposed rule change,
                    <SU>162</SU>
                    <FTREF/>
                     including one commenter stating that the proposed rule change's emphasis on robust recordkeeping and supervision—while excluding certain categories of gifts from these requirements—appropriately balances regulatory objectives with practical compliance burdens.
                    <SU>163</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>162</SU>
                         
                        <E T="03">See supra</E>
                         note 87.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>163</SU>
                         ASA Letter at 2.
                    </P>
                </FTNT>
                <P>The proposed rule change to require a member to have a supervisory system reasonably designed to ensure compliance with the Gifts Rule will promote regulatory clarity and compliance. Additionally, requiring procedures reasonably designed to ensure that an associated person who is giving a payment or gratuity is not responsible for determining whether such payment or gratuity is in relation to the business of the recipient's employer should encourage a more objective assessment of whether a gift is personal. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.</P>
                <HD SOURCE="HD3">9. Proposed FINRA Rule 3220.09 (Gifts to a Member's Associated Persons or Individual Retail Customers)</HD>
                <P>As stated above, the proposed rule change would add new Rule 3220.09, stating that FINRA Rule 3220 would not apply to gifts from a member to its own associated persons, or to gifts from a member or an associated person to individual retail customers.</P>
                <P>
                    Commenters supported the proposed rule change,
                    <SU>164</SU>
                    <FTREF/>
                     but two of them recommended that FINRA clarify the scope of the term “retail customer” for purposes of the Gifts Rule.
                    <SU>165</SU>
                    <FTREF/>
                     One of these commenters also recommended that FINRA amend Rule 3220 in the future to clarify that it does not apply to gifts received by members' employees.
                    <SU>166</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>164</SU>
                         
                        <E T="03">See supra</E>
                         note 87.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>165</SU>
                         BDA Letter at 2 (requesting FINRA clarify the scope of “retail customer” and any regulatory expectations appliable to those customers in the context of the gifts rule); SIFMA Letter 1 at 2-3 (requesting future discussion with FINRA about “the contours of who is a retail customer”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>166</SU>
                         BDA Letter at 2.
                    </P>
                </FTNT>
                <P>
                    In response, FINRA stated that the Gifts Rule is intended to avoid improprieties associated with gifts from a member or its associated person to an employee of an institutional customer and does not apply to gifts from members or associated persons to individual retail customers.
                    <SU>167</SU>
                    <FTREF/>
                     FINRA noted, however, that members may have policies and procedures that restrict or prohibit gifts to individual retail customers.
                    <SU>168</SU>
                    <FTREF/>
                     In addition, FINRA stated that it is sufficiently clear from the scope articulated in FINRA Rule 3220(a) that FINRA Rule 3220 applies only to gifts a member or an associated person gives to any person, principal, proprietor employee, agent, or representative of another person where such payment or gratuity is in relation to the business of the employer of the recipient. For these reasons, FINRA declined to further amend the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>167</SU>
                         FINRA Letter 1 at 6-7.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>168</SU>
                         
                        <E T="03">Id.</E>
                         at 6.
                    </P>
                </FTNT>
                <P>
                    The proposed rule change excludes from the Gifts Rule a gift from: (1) a member to its own associated persons, or (2) a member or an associated person 
                    <PRTPAGE P="7581"/>
                    to an individual retail customer. Gifts to retail customers are outside the scope of the proposed rule change, although FINRA notes that member firms may have policies and procedures that restrict or prohibit gifts to individual retail customers. The proposed rule change will promote regulatory clarity regarding the scope of the Gifts Rule, and the types of gifts that are not covered by the Gifts Rule. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
                </P>
                <HD SOURCE="HD2">D. Proposed Conforming Changes to the Non-Cash Compensation Rules</HD>
                <P>
                    As stated above, the proposed rule change would make conforming changes to the respective gift limits of FINRA's Non-Cash Compensation Rules.
                    <SU>169</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>169</SU>
                         
                        <E T="03">See</E>
                         FINRA Rule 2320(g)(4) (Variable Contracts of an Insurance Company); FINRA Rule 2341(l)(5) (Investment Company Securities); FINRA Rule 2310(c) (Direct Participation Programs); FINRA Rule 5110(f) (Corporate Financing Rule—Underwriting Terms and Arrangements).
                    </P>
                </FTNT>
                <P>
                    One commenter expressly supported the proposed conforming changes, stating that updating FINRA's Non-Cash Compensation Rules to reflect the new gift limit will promote consistency and reduce confusion for members subject to multiple regulatory frameworks.
                    <SU>170</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>170</SU>
                         ASA Letter at 2.
                    </P>
                </FTNT>
                <P>The proposed rule change reasonably conforms FINRA's Non-Cash Compensation Rules to the proposed changes to the Gifts Rule. The proposed rule change will provide consistency across the different gift limits in FINRA's rule book, facilitating members' compliance with those rules. For these reasons, the proposed rule change is reasonably designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.</P>
                <HD SOURCE="HD1">IV. Conclusion</HD>
                <P>
                    For the reasons set forth above, the Commission finds that the proposed rule change is consistent with Section 15A(b)(6) of the Exchange Act, which requires, among other things, that FINRA rules be designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, and, in general, protect investors and the public interest.
                    <SU>171</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>171</SU>
                         15 U.S.C. 78
                        <E T="03">o</E>
                        -3(b)(6).
                    </P>
                </FTNT>
                <P>
                    <E T="03">It is therefore ordered</E>
                     pursuant to Section 19(b)(2) of the Exchange Act 
                    <SU>172</SU>
                    <FTREF/>
                     that the proposed rule change (SR-FINRA-2025-003) be, and hereby is, approved.
                </P>
                <FTNT>
                    <P>
                        <SU>172</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>173</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>173</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03127 Filed 2-17-26; 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. 34-104835; File No. SR-LTSE-2026-06]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the LTSE Fee Schedule Relating to Its Co-Lead Incentive Rebates</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    Pursuant to the provisions of Section 19(b)(1) under the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on January 30, 2026, Long-Term Stock Exchange, Inc. (“LTSE” 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>
                         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 Securities and Exchange Commission (“Commission”) a proposed rule change to amend the LTSE Fee Schedule relating to its Co-Lead Incentive rebates (“Co-Lead Incentive”) to provide a temporary enhanced rebate for Members 
                    <SU>3</SU>
                    <FTREF/>
                     that newly qualify beginning on or after February 1, 2026. The Exchange proposes to implement the changes to the fee schedule pursuant to this proposal on February 1, 2026.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The term “Member” shall mean any registered broker or dealer that has been admitted to membership in the Exchange. A Member will have the status of a Member of the Exchange as that term is defined in Section 3(a)(3) of the Act. Membership may be granted to a sole proprietor, partnership, corporation, limited liability company, or other organization that is a registered broker or dealer pursuant to Section 15 of the Act, and which has been approved by the Exchange. 
                        <E T="03">See</E>
                         LTSE Rule 1.160(w).
                    </P>
                </FTNT>
                <P>
                    The text of the proposed rule change is available at the Exchange's website at 
                    <E T="03">https://longtermstockexchange.com/,</E>
                     and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement on 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 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 Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>The Exchange proposes to amend its Co-Lead Incentive to provide a temporary enhanced rebate for Members that newly qualify beginning on or after February 1, 2026. The proposed change is designed to further incent early and sustained participation in Co-Lead, thereby promoting displayed liquidity, tighter spreads, and improved execution quality for market participants.</P>
                <P>
                    As described in a separate contemporaneous filing, the Exchange is amending Co-Lead to comply with recently adopted fee-transparency requirements 
                    <SU>4</SU>
                    <FTREF/>
                     by instituting a one-month look-back between qualification and the receipt of incentives.
                    <SU>5</SU>
                    <FTREF/>
                     Under that structure, a Member's eligibility for Co-Lead Incentives is determined based on its activity during a given month, and any applicable rebates are applied to the Member's activity during the subsequent month. The Exchange is also reducing the Co-Lead quoting obligation to encourage broader participation. These changes are reflected in the 
                    <PRTPAGE P="7582"/>
                    Exchange's Fee Schedule, as amended by SR-LTSE-2026-05.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The fee transparency requirement was adopted in Regulation NMS: Minimum Pricing Increments, Access Fees, and Transparency of Better Priced Orders, Securities Exchange Act Rel. No. 101070 (Sept. 18, 2024), 89 FR 81620 (Oct. 8, 2024) (Rule 610(d) amendments).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         SR-LTSE-2026-05 proposing to amend the LTSE Fee Schedule with respect to the Co-Lead Incentives to adopt a month-based qualification and prospective rebate framework to provide fee transparency in compliance with Rule 610(d) of Regulation NMS, which was filed on January 30, 2026, and replaced SR-LTSE-2026-03.
                    </P>
                </FTNT>
                <P>
                    Consistent with that revised structure, upon initially qualifying for the Co-Lead Incentive, a Member will be eligible to receive a one-time enhanced Co-Lead Incentive of $0.0057 per share to all executions of securities priced at or above $1 (excluding LIP Enhanced Securities) by that Member during the calendar month immediately following such Qualification Month,
                    <SU>6</SU>
                    <FTREF/>
                     up to the number of qualifying shares executed by the Member during the Qualification Month. Any qualifying executions in excess of that amount during such month, will receive the standard Co-Lead Incentive.
                    <SU>7</SU>
                    <FTREF/>
                     Beginning with the next calendar month thereafter, all qualifying executions by the Member will receive the standard Co-Lead Incentive, provided the Member continues to satisfy the quoting requirement during the Qualification Month.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         The term “Qualification Month” shall mean a calendar month used by the Exchange to determine that a Member satisfied the quoting requirement and therefore qualifies for the Co-Lead Incentive in the following month. The applicable Co-Lead Incentive will apply to all executions of securities priced at or above $1 (excluding LIP Enhanced Securities) by that Member during the following calendar month.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         For the avoidance of doubt, this is a one-time incentive for the first time a Member successfully qualifies for the Co-Lead Incentive. No single Member will be eligible a second time.
                    </P>
                </FTNT>
                <P>By way of example, if a Member qualifies for Co-Lead based on its activity in March and executes two million qualifying shares during that month, the Member would receive a $0.0057 per-share rebate on up to two million qualifying shares executed in April, and a $0.0040 per-share rebate on any qualifying shares executed in excess of that amount. In May and thereafter, the Member would receive the standard Co-Lead Incentive for all qualifying executions, provided it continues to satisfy the quoting requirement.</P>
                <P>The Exchange believes this structure provides a clear, transparent, and predictable incentive for Members to make the operational investments necessary to begin participating in Co-Lead, while avoiding on-going or open-ended preferential pricing. Limiting the enhanced rebate to the month immediately following the initial qualification and capping it based on the Member's demonstrated displayed liquidity during the Qualification Month, ensures that the incentive is directly tied to meaningful displayed liquidity and does not create undue disparities among Members.</P>
                <P>The proposed change does not alter any other Co-Lead eligibility criteria, incentive parameters, or qualification standards, as amended in the related filing, and is designed to operate cohesively with the one-month look-back framework adopted to comply with the fee-transparency rule.</P>
                <HD SOURCE="HD3">(b) Statutory Basis</HD>
                <P>
                    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,
                    <SU>8</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4) of the Act,
                    <SU>9</SU>
                    <FTREF/>
                     in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among all of its Members and issuers and other persons using its facilities; Section 6(b)(5) of the Act,
                    <SU>10</SU>
                    <FTREF/>
                     which requires, among other things, that the rules of the Exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and to protect investors and the public interest and are not designed to permit unfair discrimination between customers, issuers, brokers or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C.78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C.78f(b)(5).
                    </P>
                </FTNT>
                <P>The proposed enhanced rebate is reasonable because it is narrowly tailored, time-limited, and directly linked to a Member's provision of displayed liquidity in Co-Lead eligible securities. By offering the enhanced rebate only during the month immediately following a Member's initial qualification, and only up to the number of shares executed during the Qualification Month, the Exchange ensures that the incentive is aligned with demonstrated trading activity and sustained liquidity support, rather than speculative or short-term behavior.</P>
                <P>The Exchange also believes that the proposed rule change is reasonable, fair and equitable, and non-discriminatory because it is available to all Members on equal terms. Any Member that satisfies the qualification requirement, as set forth in the Exchange's Fee Schedule, is eligible to receive the enhanced rebate. The Exchange is not conferring a permanent pricing advantage on any subset of Members, and the standard Co-Lead Incentive applies uniformly once the initial incentive period has elapsed.</P>
                <P>The Exchange further believes that the proposed change promotes the objectives of Section 6(b)(5) by enhancing market quality. Encouraging new participants to enter Co-Lead supports increased displayed liquidity, greater depth at the inside, and improved price discovery, all of which benefits investors and the public interest.</P>
                <P>Finally, the Exchange believes that the proposal is consistent with the fee-transparency requirements applicable as of February 1, 2026. The enhanced rebate operates entirely within the one-month look-back framework adopted in a separate filing, ensuring that Members have advance notice of the incentives that may apply to their trading activity and that all fees and rebates are clearly disclosed in the Exchange's Fee Schedule.</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>11</SU>
                    <FTREF/>
                     the Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         15 U.S.C. 78f(b)(8).
                    </P>
                </FTNT>
                <P>The proposed enhanced rebate applies uniformly to all Members that newly qualify for Co-Lead and is available on the same terms and conditions to any Member that satisfies the program's objective eligibility criteria. The proposal does not limit access to the incentive based on a Member's size, business model, or trading strategy, and does not favor one class of market participants over another.</P>
                <P>The Exchange further believes that the proposed change does not impose an undue burden on intramarket competition. The enhanced rebate is temporary in nature, is capped based on a Member's demonstrated displayed liquidity during the Qualification Month, and transitions to the standard Co-Lead Incentive thereafter. As a result, the proposal does not confer a persistent pricing advantage on any Member and does not disadvantage Members that do not participate in the program or qualify at a later date.</P>
                <P>With respect to intermarket competition, the Exchange operates in a highly competitive environment in which market participants can readily route order flow to competing venues if they deem pricing or incentives to be unattractive. The proposed enhanced rebate is intended to encourage initial participation in a liquidity enhancing program and the Exchange believes that the proposal is reasonably designed to allow it to compete effectively for order flow while promoting displayed liquidity and market quality.</P>
                <P>
                    Accordingly, the Exchange believes that the proposed rule change promotes competition by encouraging broader participation in the Co-Lead program 
                    <PRTPAGE P="7583"/>
                    and enhancing liquidity on the Exchange, without imposing any unnecessary or inappropriate burden on competition.
                </P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    This proposed rule change establishes dues, fees or other charges among its members and, as such, may take effect upon filing with the Commission pursuant to Section 19(b)(3)(A)(ii) of the Act 
                    <SU>12</SU>
                    <FTREF/>
                     and paragraph (f)(2) of Rule 19b-4 thereunder.
                    <SU>13</SU>
                    <FTREF/>
                     Accordingly, the proposed rule change would take effect upon filing with the Commission.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would otherwise further the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.</P>
                <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-LTSE-2026-06 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to File Number SR-LTSE-2026-06. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of LTSE and on its internet website at 
                    <E T="03">https://longtermstockexchange.com/.</E>
                     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-LTSE-2026-06 and should be submitted on or before March 11, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>14</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>14</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03131 Filed 2-17-26; 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. 34-104837; File No. SR-PEARL-2026-06]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX Pearl Options Exchange Fee Schedule To Amend Non-Transaction Fees</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on January 30, 2026, MIAX PEARL, LLC (“MIAX Pearl” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange proposes to amend the fee schedule (the “Fee Schedule”) applicable to the Exchange's options trading platform (“MIAX Pearl Options”) to update various non-transaction fees that have not been changed in a number of years to be comparable to fees charged by other like exchanges for similar products.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         All references to the “Exchange” in this filing refer to MIAX Pearl Options. Any references to the equities trading facility of MIAX PEARL, LLC will specifically be referred to as “MIAX Pearl Equities.”
                    </P>
                </FTNT>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/pearl-options/rule-filings</E>
                     and at MIAX Pearl's principal office.
                </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 first launched operations in February 2017 to attract order flow and encourage market participants to experience the high determinism and resiliency of the Exchange's trading Systems.
                    <SU>4</SU>
                    <FTREF/>
                     To do so, the Exchange took a pragmatic and thoughtful approach to each fee proposal to encourage and increase participation in its marketplace while being mindful of fee levels charged by other exchanges for similar products and services. The Exchange now proposes to amend various fees for non-transaction related services to be in line with those of other options exchanges and enable it to continue to effectively compete with other exchanges who charge higher non-transaction fees and generate greater revenue. This proposal simply seeks to increase certain fees to reflect current market rates. The Exchange notes that significant portion of the fees for non-transaction related services that are the subject of this filing have not been increased since 2018.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The term “System” means the automated trading system used by the Exchange for the trading of securities. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <P>
                    Specifically, the Exchange proposes to amend the Fee Schedule to amend the following non-transaction fees: (1) 
                    <PRTPAGE P="7584"/>
                    monthly Trading Permit 
                    <SU>5</SU>
                    <FTREF/>
                     fees applicable to Electronic Exchange Members (“EEMs”) 
                    <SU>6</SU>
                    <FTREF/>
                     and Market Makers; 
                    <SU>7</SU>
                    <FTREF/>
                     (2) connectivity fees to the primary/secondary facility and disaster recovery facility for Members 
                    <SU>8</SU>
                    <FTREF/>
                     and non-Members; and (3) FIX,
                    <SU>9</SU>
                    <FTREF/>
                     MEO,
                    <SU>10</SU>
                    <FTREF/>
                     MEO Purge,
                    <SU>11</SU>
                    <FTREF/>
                     CTD 
                    <SU>12</SU>
                    <FTREF/>
                     and FXD 
                    <SU>13</SU>
                    <FTREF/>
                     Port fees.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The term “Trading Permit” means a permit issued by the Exchange that confers the ability to transact on the Exchange. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         The term “Electronic Exchange Member” or “EEM” means the holder of a Trading Permit who is a Member representing as agent Public Customer Orders or Non-Customer Orders on the Exchange and those non-Market Maker Members conducting proprietary trading. Electronic Exchange Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The term “Market Maker” or “MM” means a Member registered with the Exchange for the purpose of making markets in options contracts traded on the Exchange and that is vested with the rights and responsibilities specified in Chapter VI of the Exchange's Rules. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The term “Member” means an individual or organization that is registered with the Exchange pursuant to Chapter II of these Rules for purposes of trading on the Exchange as an “Electronic Exchange Member” or “Market Maker.” Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         The term “FIX Port” means a FIX port that allows Members to send orders and other messages using the FIX protocol. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule. “FIX Interface” means the Financial Information Exchange interface for certain order types as set forth in Exchange Rule 516. 
                        <E T="03">See id.</E>
                         and Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         “MEO Interface” or “MEO” means a binary order interface for certain order types as set forth in Rule 516 into the MIAX Pearl System. 
                        <E T="03">See id.</E>
                         and Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         The term “MEO Purge Ports” provide Members with the ability to send quote purge messages to the MIAX Pearl System. MEO Purge Ports are not capable of sending or receiving any other type of messages or information. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         The term “CTD Port” or “Clearing Trade Drop Port” provides an Exchange Member with real-time clearing trade updates. The updates include the Member's clearing trade messages on a low latency, real-time basis. The trade messages are routed to a Member's connection containing certain information. The information includes, among other things, the following: (i) trade date and time; (ii) symbol information; (iii) trade price/size information; (iv) Member type (for example, and without limitation, Market Maker, Electronic Exchange Member, Broker-Dealer); and (v) Exchange MPID for each side of the transaction, including Clearing Member MPID. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         The term “FXD” or “FIX Drop Copy Port” means a messaging interface that provides a copy of real-time trade execution, trade correction and trade cancellation information to FIX Drop Copy Port users who subscribe to the service. FXD Port users are those users who are designated by an EEM to receive the information and the information is restricted for use by the EEM only. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Monthly Trading Permit Fees</HD>
                <P>The Exchange proposes to amend the Fee Schedule to amend the amount of the monthly Trading Permit fees assessed to EEMs and Market Makers.</P>
                <P>EEMs and EEM Clearing Firms</P>
                <P>
                    The Exchange notes that Trading Permit fees for EEMs and EEM Clearing Firms 
                    <SU>14</SU>
                    <FTREF/>
                     have not been amended since they were first adopted in May 2018.
                    <SU>15</SU>
                    <FTREF/>
                     The Exchange assesses EEMs a Trading Permit fee based upon the type of interface that the EEM (except EEM Clearing Firms) uses to access the Exchange—either FIX or MEO—and the Non-Transaction Fees Volume-Based Tier achieved by the EEM in the relevant month.
                    <SU>16</SU>
                    <FTREF/>
                     The monthly volume thresholds associated with each Tier are calculated as the total volume executed by a Member and its Affiliates 
                    <SU>17</SU>
                    <FTREF/>
                     on the Exchange across all origin types, not including Excluded Contracts,
                    <SU>18</SU>
                    <FTREF/>
                     as compared to the TCV 
                    <SU>19</SU>
                    <FTREF/>
                     in all MIAX Pearl-listed options. In particular, EEMs that connect via the FIX or MEO Interface are assessed the following Trading Permit fees based upon total volume executed on the Exchange across all origin types, not including Excluded Contracts, as compared to the TCV in all MIAX Pearl-listed options: 0.00% to 0.30% in Tier 1; above 0.30% to 0.60% in Tier 2; and above 0.60% in Tier 3.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         The term “EEM Clearing Firm” means an EEM that solely clears transactions on the Exchange and does not connect to the Exchange via either the FIX Interface or MEO Interface. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 82867 (March 13, 2018), 83 FR 12044 (March 19, 2018) (SR-PEARL-2018-07) 
                        <E T="03">and</E>
                         83188 (May 8, 2018), 83 FR 22300 (May 14, 2018) (SR-PEARL-2018-12).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         In general, the term “Non-Transaction Fees Volume-Based Tiers” means the tier structure that is applicable to certain non-transaction fees, as specifically set forth in the Fee Schedule. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         The term “Affiliate” means (i) an affiliate of a Member of at least 75% common ownership between the firms as reflected on each firm's Form BD, Schedule A, or (ii) the Appointed Market Maker of an Appointed EEM (or, conversely, the Appointed EEM of an Appointed Market Maker). An “Appointed Market Maker” is a MIAX Pearl Market Maker (who does not otherwise have a corporate affiliation based upon common ownership with an EEM) that has been appointed by an EEM and an “Appointed EEM” is an EEM (who does not otherwise have a corporate affiliation based upon common ownership with a MIAX Pearl Market Maker) that has been appointed by a MIAX Pearl Market Maker, pursuant to the following process. A MIAX Pearl Market Maker appoints an EEM and an EEM appoints a MIAX Pearl Market Maker, for the purposes of the Fee Schedule, by each completing and sending an executed Volume Aggregation Request Form by email to 
                        <E T="03">membership@miaxglobal.com</E>
                         no later than 2 business days prior to the first business day of the month in which the designation is to become effective. Transmittal of a validly completed and executed form to the Exchange along with the Exchange's acknowledgement of the effective designation to each of the Market Maker and EEM will be viewed as acceptance of the appointment. The Exchange will only recognize one designation per Member. A Member may make a designation not more than once every 12 months (from the date of its most recent designation), which designation shall remain in effect unless or until the Exchange receives written notice submitted 2 business days prior to the first business day of the month from either Member indicating that the appointment has been terminated. Designations will become operative on the first business day of the effective month and may not be terminated prior to the end of the month. Execution data and reports will be provided to both parties. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         “Excluded Contracts” means any contracts routed to an away market for execution. 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         “TCV” means total consolidated volume calculated as the total national volume in those classes listed on MIAX Pearl for the month for which the fees apply, excluding consolidated volume executed during the period of time in which the Exchange experiences an Exchange System Disruption (solely in the option classes of the affected Matching Engine). 
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <P>For EEMs that connect via the FIX Interface, the Exchange currently assesses the following monthly Trading Permit fees:</P>
                <P>• $250 per Trading Permit for EEMs in Tier 1;</P>
                <P>• $350 per Trading Permit for EEMs in Tier 2; and</P>
                <P>• $450 per Trading Permit for EEMs in Tier 3.</P>
                <P>For EEMs that connect via the MEO Interface, the Exchange assesses the following monthly Trading Permit fees:</P>
                <P>• $300 per Trading Permit for EEMs in Tier 1;</P>
                <P>• $400 per Trading Permit for EEMs in Tier 2; and</P>
                <P>
                    • $500 per Trading Permit for EEMs in Tier 3.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         The Exchange also provides a $100 credit towards the monthly Trading Permit fees for EEMs that connect to the Exchange via both the FIX and MEO Interfaces. 
                        <E T="03">See</E>
                         Fee Schedule, Section 3)b), footnote “*”. The Exchange does not propose to amend this credit at this time.
                    </P>
                </FTNT>
                <P>The Exchange assesses a flat monthly fee of $250 per Trading Permit to each EEM Clearing Firm.</P>
                <P>The Exchange now proposes to increase the Trading Permit fees assessed to EEMs and EEM Clearing Firms, which again, have not been increased since they were first adopted in 2018. In particular, for EEMs that connect via the FIX Interface, the Exchange proposes to assess the following monthly Trading Permit fees:</P>
                <P>• $300 per Trading Permit for EEMs in Tier 1;</P>
                <P>• $425 per Trading Permit for EEMs in Tier 2; and</P>
                <P>• $550 per Trading Permit for EEMs in Tier 3.</P>
                <P>For EEMs that connect via the MEO Interface, the Exchange proposes to assess the following monthly Trading Permit fees:</P>
                <P>• $375 per Trading Permit for EEMs in Tier 1;</P>
                <P>• $500 per Trading Permit for EEMs in Tier 2; and</P>
                <P>
                    • $625 per Trading Permit for EEMs in Tier 3.
                    <PRTPAGE P="7585"/>
                </P>
                <P>The Exchange also proposes to assess EEM Clearing Firms $300 per month per Trading Permit.</P>
                <HD SOURCE="HD3">Market Makers</HD>
                <P>
                    The Exchange notes that Trading Permit fees for Market Makers have not been amended since September 2022.
                    <SU>21</SU>
                    <FTREF/>
                     Currently, the Exchange assesses monthly Trading Permit fees to Market Makers based on the lesser of either the per class traded or percentage of total national average daily volume (“ADV”) measurement based on classes traded by volume. The amount of monthly Market Maker Trading Permit fee is based upon the number of classes in which the Market Maker was registered to quote on any given day within the calendar month, or upon the class volume percentages. A Market Maker is determined to be registered in a class if that Market Maker has been registered in one or more series in that class.
                    <SU>22</SU>
                    <FTREF/>
                     Newly listed option classes are excluded from the calculation of the monthly Market Maker Trading Permit fee until the calendar quarter following their listing, at which time the newly listed option classes will be included in both the per class count and the percentage of total national ADV.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 96338 (November 17, 2022), 87 FR 71704 (November 23, 2022) (SR-PEARL-2022-51).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Pursuant to Exchange Rule 602(a), a Member that has qualified as a Market Maker may register to make markets in individual series of options.
                    </P>
                </FTNT>
                <P>Currently, the Exchange assess the following Trading Permit fees to Market Makers:</P>
                <P>• $3,000 for Market Maker registrations in up to 10 option classes or up to 20% of option classes by national ADV;</P>
                <P>• $5,000 for Market Maker registrations in up to 40 option classes or up to 35% of option classes by ADV;</P>
                <P>• $7,000 for Market Maker registrations in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $9,000 for Market Maker registrations in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX Pearl.</P>
                <P>The Exchange also assesses an alternative lower Trading Permit fee to Market Makers who fall within the 2nd, 3rd and 4th levels of the Market Maker Trading Permit fee table, which levels are described immediately above, if certain volume thresholds are met. This alternative lower Trading Permit fee for Market Makers is set forth in footnote “**” that is included in the Market Maker Trading Permit fee table and provides that if the Market Maker's total monthly executed volume during the relevant month is less than 0.040% of the total monthly TCV for MIAX Pearl-listed option classes for that month, then the monthly fee will be $3,500 instead of the fee otherwise applicable to such level.</P>
                <P>The Exchange now proposes to increase the Trading Permit fees assessed to Market Makers, which, as described above, were last amended over three years ago in September 2022. In particular, the Exchange proposes to assess the following Trading Permit fees to Market Makers:</P>
                <P>• $3,500 for Market Maker registrations in up to 10 option classes or up to 20% of option classes by national ADV;</P>
                <P>• $5,500 for Market Maker registrations in up to 40 option classes or up to 35% of option classes by ADV;</P>
                <P>• $8,000 for Market Maker registrations in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $10,000 for Market Maker registrations in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX Pearl.</P>
                <P>The Exchange also proposes to increase the alternative lower Trading Permit fee to Market Makers who fall within the 3rd and 4th levels of the Market Maker Trading Permit fee table from $3,500 to $5,500 per month by amending the footnote “**” following the Market Maker Trading Permit fee table for these Monthly Trading Permit tier levels.</P>
                <HD SOURCE="HD3">System Connectivity Fees</HD>
                <HD SOURCE="HD3">1Gb and 10Gb Network Connectivity Fees</HD>
                <P>Next, the Exchange proposes to amend the Fee Schedule to increase connectivity fees to the primary/secondary and disaster recovery facilities for Members and non-Members. Currently, the Exchange assesses the same amount of connectivity fees to Members and non-Members that connect to the Exchange's primary/secondary facility and disaster recovery facility. In particular, the Exchange assesses the following connectivity fees to Members and non-Members:</P>
                <P>• $1,400 per 1 gigabit (“Gb”) connection to the primary/secondary facility;</P>
                <P>• $550 per 1Gb connection to the disaster recovery facility;</P>
                <P>• $2,750 per 10Gb connection to the disaster recovery facility; and</P>
                <P>• $13,500 per 10Gb ultra-low latency (“ULL”) connection to the primary/secondary facility.</P>
                <P>
                    The Exchange notes that the above fees for 1Gb connectivity and 10Gb to the disaster recovery facility, and 1Gb connectivity to the primary/secondary facilities, have not been increased since December 2019.
                    <SU>23</SU>
                    <FTREF/>
                     The fee for 10Gb ULL connectivity was last increased in January 2023.
                    <SU>24</SU>
                    <FTREF/>
                     The Exchange now propose to amend Sections 5)a)-b) of the Fee Schedule to increase connectivity fees for Members and non-Members. In particular, the Exchange proposes to assess the following connectivity fees to Members and non-Members:
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 87876 (December 31, 2019), 85 FR 757 (January 7, 2020) (SR-PEARL-2019-36).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 96632 (January 10, 2023), 88 FR 2707 (January 17, 2023) (SR-PEARL-2022-62) 
                        <E T="03">and</E>
                         99823 (March 21, 2024), 89 FR 21312 (March 27, 2024) (SR-PEARL-2024-14) (noting that while the proposed fee changes subject to this filing were immediately effective, the proposed fee changes had been effective since January 1, 2023 pursuant to the Exchange's initially filed proposal on December 30, 2022 (
                        <E T="03">i.e.,</E>
                         SR-PEARL-2022-62)).
                    </P>
                </FTNT>
                <P>• $1,500 per 1Gb connection to the primary/secondary facility;</P>
                <P>• $650 per 1Gb connection to the disaster recovery facility;</P>
                <P>• $3,500 per 10Gb connection to the disaster recovery facility; and</P>
                <P>• $15,000 per 10Gb ULL connection to the primary/secondary facility.</P>
                <HD SOURCE="HD3">Port Fees</HD>
                <P>The Exchange proposes to amend the fees for FIX Ports, Full Service MEO Ports (Single), Full Service MEO Ports (Bulk), Limited Service MEO Ports, MEO Purge Ports, CTD Ports, and FXD Ports. Some of these fees have not been increased since they were first adopted in March or August of 2018. Each port provides access to the Exchange's primary and secondary data centers as well as its disaster recovery center for a single fee.</P>
                <HD SOURCE="HD3">FIX Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for FIX Ports, which have not been increased since they were first adopted in March 2018. A FIX Port allows Members to send orders and other messages using the FIX protocol.
                    <SU>25</SU>
                    <FTREF/>
                     The Exchange currently assesses the following monthly FIX Port fees:
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See supra</E>
                         note 9.
                    </P>
                </FTNT>
                <P>• $275 for the first FIX Port;</P>
                <P>• $175 per port for the second to fifth FIX Ports; and</P>
                <P>
                    • $75 per port for the sixth or more FIX Ports.
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         Each FIX Port provides access to all matching engines. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “^”.
                    </P>
                </FTNT>
                <P>The Exchange proposes to increase monthly FIX Port fees as follows:</P>
                <P>
                    • $350 for the first FIX Port;
                    <PRTPAGE P="7586"/>
                </P>
                <P>• $225 per port for the second to fifth FIX Ports; and</P>
                <P>• $100 per port for the sixth or more FIX Ports.</P>
                <HD SOURCE="HD3">Full Service MEO Ports (Single)</HD>
                <P>
                    The Exchange proposes to amend the fees for Full Service MEO Ports (Single).
                    <SU>27</SU>
                    <FTREF/>
                     In general, a Full Service MEO Port allows Members to enter orders via the MEO Interface, which is a binary order interface for certain order types. A Full Service MEO Port (Single) is a type of MEO port that supports all MEO input message types and binary order entry on a single order-by-order basis, but not bulk orders.
                    <SU>28</SU>
                    <FTREF/>
                     The Exchange proposes to increase the monthly fee of $4,000 per Full Service MEO Port (Single) to $4,500.
                    <SU>29</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         These fees were last amended in January 2023. 
                        <E T="03">See supra</E>
                         note 24.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">See supra</E>
                         note 10.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         Each Full Service MEO Port—Single entitles a Member to two (2) such ports for each matching engine for a single port fee. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “*”.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Full Service MEO Ports (Bulk)</HD>
                <P>
                    The Exchange proposes to amend the Full Service MEO Port (Bulk) fees for EEMs and Market Makers,
                    <SU>30</SU>
                    <FTREF/>
                     which support all MEO input message types and bulk binary order entry.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         These fees were last amended in January 2023. 
                        <E T="03">See supra</E>
                         note 24.
                    </P>
                </FTNT>
                <P>The Exchange assesses the amount of the monthly Full Service MEO Port (Bulk) fees for Market Makers based on the lesser of either the per class traded or percentage of total national ADV measurement based on classes traded by volume. The amount of monthly Market Maker Full Service MEO Port (Bulk) fees is based upon the number of classes in which the Market Maker was registered to quote on any given day within the calendar month, or upon the class volume percentages. Specifically, the Exchange assesses the following Full Service MEO Port (Bulk) fees to Market Makers:</P>
                <P>• $5,000 for Market Maker registrations in up to 10 option classes or up to 20% of option classes by national ADV;</P>
                <P>• $7,500 for Market Maker registrations in up to 40 option classes or up to 35% of option classes by ADV;</P>
                <P>• $10,000 for Market Maker registrations in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $12,000 for Market Maker registrations in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX Pearl.</P>
                <P>The Exchange also provides an alternative lower Full Service MEO Port (Bulk) fee for Market Makers who fall within the 2nd, 3rd and 4th levels of the Market Maker Full Service MEO Port (Bulk) fee table, which levels are described directly above, if certain volume thresholds are met. This alternative lower Full Service MEO Port (Bulk) fee for Market Makers is set forth in footnote “**” in the Market Maker Full Service MEO Port (Bulk) fee table and provides that if the Market Maker's total monthly executed volume during the relevant month is less than 0.040% of the total monthly TCV for MIAX Pearl-listed option classes for that month, then the fee will be $6,000 instead of the fee otherwise applicable to such level.</P>
                <P>The Exchange now proposes to increase the Full Service MEO Port (Bulk) fees assessed to Market Makers as follows:</P>
                <P>• $5,500 for Market Maker registrations in up to 10 option classes or up to 20% of option classes by national ADV;</P>
                <P>• $8,000 for Market Maker registrations in up to 40 option classes or up to 35% of option classes by ADV;</P>
                <P>• $11,000 for Market Maker registrations in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $13,000 for Market Maker registrations in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX Pearl.</P>
                <P>The Exchange also proposes to increase the alternative lower Full Service MEO Port (Bulk) fee for Market Makers who fall within the 3rd and 4th levels of the proposed Market Maker Full Service MEO Port (Bulk) fee table from $6,000 to $8,000 per month by amending footnote “**” following the Market Maker Full Service MEO Port (Bulk) fee table.</P>
                <P>The Exchange also proposes to amend the Full Service MEO Port (Bulk) fee assessed to EEMs, which entitles EEMs to two (2) Full Service MEO Ports (Bulk) for each matching engine for the single monthly fee. The Exchange proposes to increase the fee accesses to EEMs that utilize Full Service MEO Ports (Bulk) from $7,500 to $8,000 per month.</P>
                <HD SOURCE="HD3">Limited Service MEO Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for Limited Service MEO Ports. Limited Service MEO Ports support all MEO input message types, but do not support bulk order entry and support the use of Immediate-or-Cancel Orders (“IOC”) 
                    <SU>31</SU>
                    <FTREF/>
                     or Intermarket Sweep Orders (“ISO”) 
                    <SU>32</SU>
                    <FTREF/>
                     only.
                    <SU>33</SU>
                    <FTREF/>
                     The Exchange currently assesses the following monthly Limited Service MEO Ports fees, which were last amended in April 2021: 
                    <SU>34</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 516(e) for a description of IOC orders.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 516(f) for a description of ISOs.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Options User Manual, Version 1.13, Section 5.01 (revision date September 2, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/miax_pearl_user_manual.pdf</E>
                         (last visited October 17, 2025).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 91858 (May 12, 2021), 86 FR 26967 (May 18, 2021) (SR-PEARL-2021-23).
                    </P>
                </FTNT>
                <P>• $0.00 for the first and second Limited Service MEO Ports;</P>
                <P>• $200 per port for the third and fourth Limited Service MEO Ports;</P>
                <P>• $300 per port for fifth and sixth Limited Service MEO Ports; and</P>
                <P>
                    • $400 per port for the seventh or more Limited Service MEO Ports.
                    <SU>35</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         Each Limited Service MEO Port fee entitles a Member to one (1) such port for each matching engine. For example, the purchase of 4 Limited Service MEO Ports will allow the Member to access 4 ports per matching engine. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “**”.
                    </P>
                </FTNT>
                <P>The Exchange proposes to increase the monthly Limited Service MEO Port fees as follows:</P>
                <P>• $0.00 for the first and second Limited Service MEO Ports;</P>
                <P>• $225 per port for the third and fourth Limited Service MEO Ports;</P>
                <P>• $350 per port for fifth and sixth Limited Service MEO Ports; and</P>
                <P>• $475 per port for the seventh or more Limited Service MEO Ports</P>
                <HD SOURCE="HD3">MEO Purge Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for MEO Purge Ports, which provide Members with the ability to send quote purge messages to the MIAX Pearl System. MEO Purge Ports are not capable of sending or receiving any other type of messages or information.
                    <SU>36</SU>
                    <FTREF/>
                     The Exchange proposes to increase the monthly MEO Purge Port fee from $600 per matching engine to $700 per matching engine.
                    <SU>37</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See supra</E>
                         note 11.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         Members may request and be allocated two (2) MEO Purge Ports for each matching engine to which it connects and will be charged the monthly fee per matching engine. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “***”.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">CTD Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for CTD Ports, which provide a Member with real-time clearing trade updates that include the Member's clearing trade messages on a low latency, real-time basis. The trade messages include, among other things, the following: (i) trade date and time; (ii) symbol information; (iii) trade price/size information; (iv) Member type (for example, and without limitation, Market 
                    <PRTPAGE P="7587"/>
                    Maker, Electronic Exchange Member, Broker-Dealer); and (v) Exchange MPID 
                    <SU>38</SU>
                    <FTREF/>
                     for each side of the transaction, including Clearing Member 
                    <SU>39</SU>
                    <FTREF/>
                     MPID.
                    <SU>40</SU>
                    <FTREF/>
                     Fees for CTD Ports have not been increased since they were first adopted in March 2018.
                    <SU>41</SU>
                    <FTREF/>
                     The Exchange now proposes to increase the monthly fee per CTD Port from $450 to $575.
                    <SU>42</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         The term “MPID” means unique market participant identifier. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         The term “Clearing Member” means a Member that has been admitted to membership in the Clearing Corporation pursuant to the provisions of the Rules of the Clearing Corporation. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         
                        <E T="03">See supra</E>
                         note 12.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         
                        <E T="03">See supra</E>
                         note 15.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         Each CTD Port provides access to all matching engines. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “^”.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">FXD Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for FXD Ports, which means a messaging interface that provides a copy of real-time trade execution, trade correction and trade cancellation information to FIX Drop Copy Port users who subscribe to the service. FXD Port users are those users who are designated by an EEM to receive the information and the information is restricted for use by the EEM only.
                    <SU>43</SU>
                    <FTREF/>
                     Fees for FXD Ports have not been increased since they were first adopted in March 2018.
                    <SU>44</SU>
                    <FTREF/>
                     The Exchange now proposes to increase the monthly fee per FXD Port from $250 to $325.
                    <SU>45</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>43</SU>
                         
                        <E T="03">See supra</E>
                         note 13.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>44</SU>
                         
                        <E T="03">See supra</E>
                         note 15.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>45</SU>
                         Each FXD Port provides access to all matching engines. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “^”.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Cleanup Change</HD>
                <P>The Exchange proposes to make a minor, non-substantive cleanup edit to footnote “*” following the table of port fees in Section 5)d) of the Fee Schedule. Currently, footnote “*” below the table of port fees in Section 5)d) of the Fee Schedule provides as follows:</P>
                <P>
                    The rates set forth above (and below) for Full Service MEO Ports, both Bulk and/or Single, entitle a Member to two (2) such Ports for each Matching Engine for a single port fee. If a Member selects at least one Full Service MEO Port—Bulk as part of their two (2) Ports, 
                    <E T="03">i.e.,</E>
                     option (c) described below, the rates applicable to Full Service MEO Port—Bulk set forth above apply.
                </P>
                <P>
                    The Exchange now proposes to replace the word “above” in the last sentence of footnote “*” with the word “below” to accurately describe the reference location to Full Service MEO Ports (Bulk). The fees for Full Service MEO Ports (Bulk) are described below that footnote,
                    <SU>46</SU>
                    <FTREF/>
                     not above; accordingly, the Exchange proposes to amend footnote “*” to accurately reflect where such fees are located in the Fee Schedule.
                </P>
                <FTNT>
                    <P>
                        <SU>46</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 99823 (March 21, 2024), 89 FR 21312 (March 27, 2024) (SR-PEARL-2024-14) (amending the fees for, among other things, Full Service MEO Ports (Bulk) and moving such fees to a lower location in the Fee Schedule).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Implementation</HD>
                <P>
                    The Exchange issued an alert publicly announcing the proposed fees on October 14, 2025 and a reminder alert on December 19, 2025.
                    <SU>47</SU>
                    <FTREF/>
                     The fees subject to this proposal are immediately effective.
                </P>
                <FTNT>
                    <P>
                        <SU>47</SU>
                         
                        <E T="03">See</E>
                         Fee Change Alert, MIAX Options, Pearl Options and Emerald Options—January 1, 2026 Non-Transaction Fee Changes (dated October 14, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/alert/2025/10/14/miax-options-pearl-options-and-emerald-options-exchanges-january-1-2026-non-1?nav=all and</E>
                         Fee Change Alert, MIAX Options, Pearl Options and Emerald Options Exchanges—Reminder: January 1, 2026 Non-Transaction Fee Changes (dated December 19, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/alert/2025/12/19/miax-options-pearl-options-and-emerald-options-exchanges-reminder-january-1-1?nav=all.</E>
                    </P>
                </FTNT>
                <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>48</SU>
                    <FTREF/>
                     of the Act in general, and furthers the objectives of Section 6(b)(4) 
                    <SU>49</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. Additionally, the Exchange believes that the proposed fees are consistent with the objectives of Section 6(b)(5) 
                    <SU>50</SU>
                    <FTREF/>
                     of the Act in that they are designed 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 a free and open market and national market system, and, in general, to protect investors and the public interest, and, particularly, are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>48</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>49</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>50</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">The Proposed Fees Are Reasonable and Comparable to the Fees Charged by Other Exchanges for Similar Products and Services</HD>
                <P>
                    <E T="03">Overall.</E>
                     The proposed fees are comparable to those of other options exchanges. The Exchange compared the fees proposed herein to the fees charged by other options exchanges for similar products or services. A more detailed discussion of the comparison follows: 
                    <SU>51</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>51</SU>
                         The fee amounts listed in each table provided in the Statutory Basis section of this filing that pertain to the Exchange are the proposed new rates for each product or service.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">EEM and EEM Clearing Firm Trading Permit Fees</HD>
                <P>The proposed Trading Permit fees for EEMs and EEM Clearing Firms are comparable to, or lower than, the trading permit fees charged by Cboe Exchange, Inc. (“Cboe”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">Monthly fee</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>EEM Trading Permit—connects via FIX Interface</ENT>
                        <ENT>
                            Tier 1: $300.
                            <LI>Tier 2: $425.</LI>
                            <LI>Tier 3: $550.</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>EEM Trading Permit—connects via MEO Interface</ENT>
                        <ENT>
                            Tier 1: $375.
                            <LI>Tier 2: $500.</LI>
                            <LI>Tier 3: $625.</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>EEM Clearing Firm Trading Permit</ENT>
                        <ENT>$300.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Electronic Access Permit</ENT>
                        <ENT>$3,000.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe Fee Schedule, Electronic Trading Permit Fees section, page 6, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe.</E>
                     Cboe charges higher trading permit fees than the Trading Permit fees proposed by the Exchange for EEMs and EEM Clearing Firms. Cboe's Electronic Access Permit is analogous to the Exchange's Trading Permits for EEMs and EEM Clearing Firms. In general, a Trading Permit is a permit issued by the Exchange that confers the ability to 
                    <PRTPAGE P="7588"/>
                    transact on the Exchange.
                    <SU>52</SU>
                    <FTREF/>
                     EEMs are assessed the monthly Trading Permit fee in order to transact on the Exchange on behalf of their customers or to conduct proprietary trading. EEM Clearing Firms are assessed the monthly Trading Permit fee in order to clear transactions conducted on the Exchange. Likewise, Cboe's Electronic Access Permits entitle the holder to access Cboe.
                    <SU>53</SU>
                    <FTREF/>
                     Like Trading Permit holders on the Exchange, Electronic Access Permit holders must be broker-dealers registered with Cboe and are allowed transact on Cboe.
                    <SU>54</SU>
                    <FTREF/>
                     Cboe charges a higher trading permit fee than the Trading Permit fees proposed by the Exchange. Cboe charges a flat $3,000 per Electronic Access Permit per month, while the Exchange provides tiered Trading Permit fees based on (1) the type of interface the EEM uses to connect to the Exchange and( 2) certain monthly volume thresholds. Notably, the highest Trading Permit fee the Exchange proposes to assess to an EEM is $625 per Trading Permit per month, lower than Cboe's flat $3,000 monthly fee.
                </P>
                <FTNT>
                    <P>
                        <SU>52</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>53</SU>
                         
                        <E T="03">See</E>
                         Cboe Fee Schedule, Electronic Trading Permit Fees section, page 6, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf.</E>
                         The Exchange notes that Cboe differentiates between electronic access permits for clearing firms and electronic exchange member firms and charges a trading permit fee of $2,000 per month for Clearing TPH Permits, which is the same rate for a Trading Permit as proposed by the Exchange for EEMs that act as Clearing Members. 
                        <E T="03">See id.</E>
                         The term “Clearing Member” means a Member that has been admitted to membership in the Clearing Corporation pursuant to the provisions of the rules of the Clearing Corporation. 
                        <E T="03">See</E>
                         Exchange Rule 100. The term “Clearing Corporation” means The Options Clearing Corporation (“OCC”). 
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>54</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Market Maker Trading Permit Fees</HD>
                <P>The proposed Trading Permit fees for Market Makers are lower than the Trading Permit fees charged by NYSE American LLC (“NYSE American”), as summarized in the table below.</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,tp0,p1,8/9,i1" CDEF="s50,r50,10,r50,r75">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25">Exchange</ENT>
                        <ENT>Type of product/service</ENT>
                        <ENT A="02">Monthly fee</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>Market Maker Trading Permit</ENT>
                        <ENT>$3,500</ENT>
                        <ENT>Up to 10 Classes</ENT>
                        <ENT>Up to 20% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>5,500</ENT>
                        <ENT>Up to 40 Classes</ENT>
                        <ENT>Up to 35% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>8,000</ENT>
                        <ENT>Up to 100 Classes</ENT>
                        <ENT>Up to 50% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>10,000</ENT>
                        <ENT>Over 100 Classes</ENT>
                        <ENT>Over 50% of Classes by volume up to all Classes on MIAX Pearl Options (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            NYSE American 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Options Market Maker ATPs</ENT>
                        <ENT>8,000</ENT>
                        <ENT A="L01">1st ATP: 60 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>6,000</ENT>
                        <ENT A="L01">2nd ATP: 150 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>5,000</ENT>
                        <ENT A="L01">3rd ATP: 500 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>4,000</ENT>
                        <ENT A="L01">4th ATP: 1,100 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>3,000</ENT>
                        <ENT A="L01">5th ATP: all issues traded.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>2,000</ENT>
                        <ENT A="L01">6th to 9th ATP: all issues traded.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>500</ENT>
                        <ENT A="L01">10th or more ATPs: all issues traded.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.A., 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">NYSE American.</E>
                     NYSE American charges higher trading permit fees for its market makers as the Trading Permit fees proposed by the Exchange for its Market Makers. In general, a Trading Permit is a permit issued by the Exchange that confers the ability to transact on the Exchange.
                    <SU>55</SU>
                    <FTREF/>
                     Each registered Market Maker is assessed a monthly Trading Permit fee in order to appoint a qualified person (or persons) to act as a Market Maker Authorized Trader (“MMAT”) 
                    <SU>56</SU>
                    <FTREF/>
                     pursuant to the Exchange's Rules and fulfill the Market Maker's obligations to act as a specialist on the Exchange.
                    <SU>57</SU>
                    <FTREF/>
                     The Exchange assesses Trading Permit fees based on the lesser of either the per class basis or percentage of total national average daily volume measurement. A “class” of options means all option contracts covering the same underlying security.
                    <SU>58</SU>
                    <FTREF/>
                     NYSE American's market maker ATP 
                    <SU>59</SU>
                    <FTREF/>
                     fee is analogous to the Exchange's Trading Permit fees for Market Makers, which is a monthly fee in order to transact on NYSE American for the purpose of making markets in options contracts.
                    <SU>60</SU>
                    <FTREF/>
                     NYSE American assesses its ATP fees based on the number of issues 
                    <SU>61</SU>
                    <FTREF/>
                     in their appointment. The Exchange and NYSE American provide for different numbers of option classes included in each tier of their respective trading permit fee structures due to their own business and competitive reasons. The Exchange provides fewer options class assignments for each Trading Permit tier because it believes this structure best represents the Market Makers that trade on the Exchange. NYSE American, on the other hand, provides significantly more “issues” or options classes in each ATP tier in order to “properly [incentivize] Market Makers to quote in a broad range of options,
                    <FTREF/>
                     including less liquid and active names . . .” 
                    <SU>62</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>55</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>56</SU>
                         A Market Maker Authorized Trader is permitted to enter orders only for the account of the Market Maker for which they are registered. 
                        <E T="03">See</E>
                         Exchange Rules 601(a)-(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>57</SU>
                         
                        <E T="03">See, generally,</E>
                         Chapter VI of the Exchange's Rules.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>58</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>59</SU>
                         An “ATP” or “ATP Holder” is a registered Broker-Dealer who is a permit holder on NYSE American, per NYSE American Rule 900.2NY(4),(5). 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Key Terms and Definitions section, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>60</SU>
                         
                        <E T="03">See, generally,</E>
                         NYSE American Rule 923NY.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>61</SU>
                         An “issue” means an options class. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 67764 (August 31, 2012), 77 FR 55254 (September 7, 2012) (SR-NYSEMKT-2012-44) (changing the calculation of trading permit fees to be based on the “number of option classes in [a NYSE Amex Options Market Maker's] electronic trading appointment. . .” and then using the term “issue” in the tiers of ATP fees).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>62</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>63</SU>
                         A “Market Maker” refers to an ATP Holder that acts as a Market Maker pursuant to NYSE American Rule 920NY and is referred to as an “NYSE AMERICAN Options Market Maker” in the NYSE American Fee Schedule. 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Preface, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    NYSE American charges higher trading permit fees to its ATPs as proposed by the Exchange herein for the 
                    <PRTPAGE P="7589"/>
                    Exchange's Market Makers. NYSE American charges all Options Market Makers 
                    <SU>63</SU>
                     tiered trading permit fees based on the number of issues permitted in an Options Market Maker's quoting assignment.
                    <SU>64</SU>
                    <FTREF/>
                     NYSE American provides tiered ATP fees ranging from $8,000 to $26,000 due to the cumulative nature of the fee,
                    <SU>65</SU>
                    <FTREF/>
                     which amount could be significantly higher if a market maker purchases six or more ATPs, while the Exchange provides tiered Trading Permit fees ranging from $3,500 to $10,000 (as proposed), based on the lesser of either the per class basis or percentage of total national ADV measurements. The Exchange offers even greater savings to Market Makers as it provides a reduced Trading Permit fee of $5,500 (as proposed) for Market Makers if their total monthly executed volume during the relevant month is less than 0.040% of the total monthly TCV for MIAX-Pearl listed option classes for that month, which still allows these Market Makers to quote the entire market (or close to the entire market). NYSE American does not offer reduced fees for its Options Market Makers that only quote in certain classes compared to those that quote the entire market. NYSE American actually charges higher fees for Options Market Makers that transacts in certain options classes, which fees add to the ATP fees described above.
                    <SU>66</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>64</SU>
                         NYSE American charges ATP fees based on the maximum number of ATPs held during the month. The “bottom 45%” refers to the least actively traded issues on NYSE American, ranked by industry volume, as reported by the OCC for each issue during the calendar quarter. 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.A., 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>65</SU>
                         This was calculated by adding the monthly fees for the first five ATPs that a market maker would be required to purchase in order to quote the entire NYSE American market (
                        <E T="03">i.e.,</E>
                         $8,000 + $6,000 + $5,000 + $4,000 + $3,000).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>66</SU>
                         
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.D. Premium Product fees (assessing an additional monthly fee of $1,000 per product to NYSE American Options Market Makers that transact in premium products, such SPY, APPL, etc., capped at $7,000 per month).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Network Connectivity Fees (Disaster Recovery Facility)</HD>
                <P>The proposed network connectivity fees to the Exchange's disaster recovery facility for Members and non-Members are lower than the connectivity fees charged by Cboe C2 Exchange, Inc. (“Cboe C2”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per connection)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>1Gb Connectivity (disaster recovery)</ENT>
                        <ENT>$650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Connectivity (disaster recovery)</ENT>
                        <ENT>3,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Physical Port 1Gb (disaster recovery)</ENT>
                        <ENT>2,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Physical Port 10Gb (disaster recovery)</ENT>
                        <ENT>6,000</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Physical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges higher 1Gb and 10Gb connectivity fees to connect to its disaster recovery facility than the Exchange proposes to connect to its disaster recovery facility. Cboe C2's connectivity fees to connect to its disaster recovery facility are analogous to the Exchange's connectivity fees to its disaster recovery facility. In general, the disaster recovery facility is a secondary data center in a separate, geographically diverse location that Exchange participants are able to connect to in order to have redundancy for their trading and market data connections in the event that the Exchange's primary data center operations are disabled. Cboe C2's 1Gb and 10Gb connections to its disaster recovery center allow its members to connect to that data center in the event that Cboe C2's primary data center is no longer operational.
                    <SU>67</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>67</SU>
                         
                        <E T="03">See</E>
                         Cboe BCP/DR Plan Highlights, v1.3, page 2, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_Corporate_BCP-DR.pdf.</E>
                    </P>
                </FTNT>
                <P>Cboe C2 charges higher 1Gb and 10Gb connectivity fees to its disaster recovery facility than the fees proposed by the Exchange herein for connectivity to the Exchange's disaster recovery facility. Cboe C2 charges monthly fees of $2,000 per 1Gb connection and $6,000 per 10Gb connection to its disaster recovery facility. Meanwhile, the Exchange proposes to charge monthly fees of $650 per 1Gb connection and $3,500 per 10Gb connection to its disaster recovery facility.</P>
                <HD SOURCE="HD3">Network Connectivity Fees (Primary/Secondary Facility)</HD>
                <P>
                    The proposed network connectivity fees to the Exchange's primary and secondary facility for Members and non-Members are lower than the connectivity fees charged by Nasdaq BX, Inc. (“Nasdaq BX”) and NYSE American for connectivity to its primary data center, as summarized in the table below.
                    <SU>68</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>68</SU>
                         The Exchange notes that Nasdaq BX and NYSE America operate on shared infrastructure with their affiliates. As such, one network connection to one exchange provides access to the affiliated exchanges on their shared network. Meanwhile, the Exchange operates on a dedicated 10Gb ULL network that is not shared with its affiliates and therefore, each 10Gb ULL connection only provides connectivity to a single exchange. This is difference with other exchanges is of no consequence because market participants that wish to experience certain latency may elect to purchase multiple connections rather than using one 10 Gb connection to access multiple markets or, in some cases, purchase a more expensive 40 Gb line if available. In addition, those that purchase connections to receive market data need a dedicated connection to each exchange because they are unable to receive market data from multiple markets over a single connection. Also, market participants may choose to not use the single connection to access other markets within an exchange family to avoid incurring other ancillary costs, such as membership, transaction, or other network fees.
                    </P>
                </FTNT>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per connection)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>1Gb Connectivity</ENT>
                        <ENT>$1,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Connectivity</ENT>
                        <ENT>15,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq BX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>1Gb Connection</ENT>
                        <ENT>2,750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Ultra Connection</ENT>
                        <ENT>18,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            NYSE American 
                            <SU>b</SU>
                        </ENT>
                        <ENT>10Gb LX LCN Circuit</ENT>
                        <ENT>22,000</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a.</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104261 (November 25, 2025), 90 FR 55209 (December 1, 2025) (SR-BX-2025-027).
                        <PRTPAGE P="7590"/>
                    </TNOTE>
                    <TNOTE>
                        <SU>b.</SU>
                         
                        <E T="03">See</E>
                         NYSE American Connectivity Fee Schedule, page 12, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/Wireless_Connectivity_Fees_and_Charges.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Nasdaq BX.</E>
                     Nasdaq BX charges higher connectivity fees to its primary data center. Nasdaq BX's 1Gb and 10Gb Ultra fiber connection fees are analogous to the Exchange's 1Gb and 10Gb ULL connectivity fees. In general, the Exchange's 1Gb and 10Gb ULL connectivity fees provide Members and non-Members with access to the Exchange's primary and secondary facilities (
                    <E T="03">i.e.,</E>
                     the live trading platforms and market data systems). Nasdaq BX's 1Gb and 10Gb Ultra fiber connections provide Nasdaq BX participants with the ability to connect directly to Nasdaq BX's trading platforms and market data feeds.
                    <SU>69</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>69</SU>
                         
                        <E T="03">See, generally,</E>
                         Nasdaq Market Connectivity Options web page, 
                        <E T="03">available at https://www.nasdaq.com/solutions/nasdaq-co-location</E>
                         (last visited November 14, 2025).
                    </P>
                </FTNT>
                <P>
                    Nasdaq BX charges higher connectivity fees than the connectivity fees to the primary and secondary facilities proposed by the Exchange herein. Nasdaq BX charges all participants monthly fees of $2,750 per 1Gb connection and $18,500 per 10Gb connection to access its primary data center. Meanwhile, the Exchange proposes to charge Members and non-Members monthly fees of $1,500 per 1Gb connection and $15,000 per 10Gb ULL connection to the Exchange's primary and secondary facilities. Nasdaq BX charges an additional installation fee for each 1Gb or 10Gb connection of $1,650.
                    <SU>70</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>70</SU>
                         
                        <E T="03">See</E>
                         Nasdaq BX, General 8: Connectivity, Section 1(b), Connectivity to the Exchange, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/bx/rules/BX%20General%208.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">NYSE American.</E>
                     NYSE American charges higher 10Gb connectivity fees to its primary data center. NYSE American's 10Gb LX LCN Circuit connection fee is analogous to the Exchange's 10Gb ULL connectivity fee. In general, the Exchange's 10Gb ULL connectivity fee provides Members and non-Members with access to the Exchange's primary and secondary facilities (
                    <E T="03">i.e.,</E>
                     the live trading platforms and market data systems). NYSE American's 10Gb LX LCN Circuit connection provides NYSE American participants with the ability to connect directly to NYSE American trading platforms and market data feeds.
                    <SU>71</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>71</SU>
                         
                        <E T="03">See, generally,</E>
                         NYSE American Connectivity Fee Schedule, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/Wireless_Connectivity_Fees_and_Charges.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    NYSE American charges higher connectivity fees as proposed by the Exchange herein. NYSE American charges all participants a monthly fee of $22,000 per 10Gb LX LCN Circuit connection to access its primary data center. Meanwhile, the Exchange proposes to charge Members and non-Members a monthly fee of $15,000 per 10Gb ULL connection to the Exchange's primary and secondary facilities. NYSE American charges an additional installation fee for each 10Gb LX LCN Circuit connection of $15,000.
                    <SU>72</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>72</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">FIX Port Fees</HD>
                <P>The proposed FIX Port fees are lower than the similar port fees charged by Cboe BZX Exchange, Inc. (“Cboe BZX”, Cboe C2 and options trading facility of The Nasdaq Stock Market LLC (“Nasdaq”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>1st FIX Port</ENT>
                        <ENT>$350</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>2nd to 5th FIX Ports</ENT>
                        <ENT>225</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>6th or more FIX Ports</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe BZX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Logical Ports</ENT>
                        <ENT>750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>b</SU>
                        </ENT>
                        <ENT>FIX Logical Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>c</SU>
                        </ENT>
                        <ENT>FIX Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe BZX Fee Schedule, Options Logical Port Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/bzx/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>c</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7 Pricing Schedule, Section 3(i)(1), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe BZX.</E>
                     Cboe BZX charges higher Logical Port fees than the FIX Port fees proposed by the Exchange. Cboe BZX's Logical Ports are analogous to the Exchange's FIX Ports. In general, a FIX Port allows an Exchange Member to send simple and complex orders, as well as other messages, to the Exchange using the FIX protocol.
                    <SU>73</SU>
                    <FTREF/>
                     Cboe BZX's Logical Ports allow for order entry and other messages to be sent to Cboe BZX by participants.
                    <SU>74</SU>
                    <FTREF/>
                     Cboe BZX charges higher Logical Port fees than the FIX Port fees proposed by the Exchange herein. Cboe BZX charges a monthly fee of $750 per Logical.
                </P>
                <FTNT>
                    <P>
                        <SU>73</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>74</SU>
                         
                        <E T="03">See, generally,</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97 (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges higher FIX Logical Port fees than the FIX Port fees proposed by the Exchange. Cboe C2's FIX Logical Ports are analogous to the Exchange's FIX Ports. In general, a FIX Port allows an Exchange Member to send orders and other messages to the Exchange using the FIX protocol.
                    <SU>75</SU>
                    <FTREF/>
                     Cboe C2's FIX Logical Ports allow for order entry and other messages to be sent to Cboe C2 by participants.
                    <SU>76</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>75</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>76</SU>
                         
                        <E T="03">See, generally,</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97 (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    Cboe C2 charges higher FIX Logical Port fees than the FIX Port fees proposed by the Exchange herein. Cboe C2 charges a monthly fee of $650 per FIX Logical Port, while the Exchange's highest proposed tier is only $350 per FIX Port per month. Cboe C2 FIX Logical Port users may incur an additional monthly fee of $650 per port. Cboe C2 provides that for the standard monthly fee of $650 per FIX Logical Port, a user may enter up to 70,000 orders per trading day per port as measured on average in a single month. However, each incremental usage of up to 70,000 per day per FIX Logical Port 
                    <PRTPAGE P="7591"/>
                    will incur an additional $650 fee per month.
                    <SU>77</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>77</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                         Incremental usage is determined on a monthly basis based on the average orders per day entered in a single month across all of a market participant's subscribed FIX Ports. 
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher FIX Port fees than the FIX Port fees proposed by the Exchange. Nasdaq's FIX Ports are analogous to the Exchange's FIX Ports in that they that allow Nasdaq participants to connect, send, and receive messages related to orders to and from Nasdaq, which include the following: (1) execution messages; (2) order messages; and (3) risk protection triggers and cancel notifications.
                    <SU>78</SU>
                    <FTREF/>
                     Nasdaq charges participants $650 per FIX Port per month, while the Exchange's highest proposed tier is only $350 per FIX Port per month. Nasdaq charges higher FIX Port fees than the FIX Port fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>78</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3 Options Trading Rules, Section 7(e)(1)(A).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Limited Service MEO Port Fees</HD>
                <P>The proposed Limited Service MEO Port (“LSPs”) fees are lower than the similar port fees charged by Nasdaq and Nasdaq MRX, LLC (“Nasdaq MRX”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>1st to 2nd LSP</ENT>
                        <ENT>$0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>3rd to 4th LSP</ENT>
                        <ENT>225</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>5th to 6th LSP</ENT>
                        <ENT>350</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>7 or more LSPs</ENT>
                        <ENT>475</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>a</SU>
                        </ENT>
                        <ENT>QUO Ports</ENT>
                        <ENT>750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq MRX 
                            <SU>b</SU>
                        </ENT>
                        <ENT>OTTO Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Nasdaq, Options 7: Pricing Schedule, Section 3(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 7: Pricing Schedule, Section 6(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/mrx/rules/MRX%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher Quote Using Order (“QUO”) Port fees than the Limited Service MEO Port fees proposed by the Exchange. The Exchange acknowledges differences between the functionality of its LSPs and that of Nasdaq's QUO Ports; however, the Exchange believes that the fee comparison between LSPs and QUO Ports is relevant as both ports provide a limited subset of functionality as provided by other ports offered by both the Exchange and Nasdaq. In general, Limited Service MEO Ports support all MEO Interface 
                    <SU>79</SU>
                    <FTREF/>
                     input message types 
                    <SU>80</SU>
                    <FTREF/>
                     and the entry of orders marked IOC 
                    <SU>81</SU>
                    <FTREF/>
                     and ISO,
                    <SU>82</SU>
                    <FTREF/>
                     but do not support bulk order entry.
                    <SU>83</SU>
                    <FTREF/>
                     Notifications sent over LSPs between market participants and the Exchange may include the following information: (1) execution notifications, cancel notifications, order notifications, and Done for Day notifications; (2) administrative messages (
                    <E T="03">i.e.,</E>
                     series updates); (3) risk protection settings and notification updates; and (4) trading status notifications (
                    <E T="03">i.e.,</E>
                     halted).
                    <SU>84</SU>
                    <FTREF/>
                     Nasdaq's QUO Ports allow Nasdaq market makers to connect, send, and receive messages related to single-sided orders to and from Nasdaq.
                    <SU>85</SU>
                    <FTREF/>
                     Messages sent over QUO Ports may include the following: (1) options symbol directory messages (
                    <E T="03">e.g.,</E>
                     underlying); (2) system event messages (
                    <E T="03">e.g.,</E>
                     start of trading hours messages and start of opening); (3) trading action messages (
                    <E T="03">e.g.,</E>
                     halts and resumes); (4) execution messages; (5) order messages; and (6) risk protection triggers and cancel notifications.
                    <SU>86</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>79</SU>
                         “MEO Interface” or “MEO” means a binary order interface for certain order types as set forth in Rule 516 into the MIAX Pearl System. 
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>80</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Options MEO Interface Specification, Version 2.2a (revision date July 25, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/miax_express_orders_meo_v2.2a.pdf</E>
                         (providing full description of messages supported by the MEO Interface).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>81</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 516(e) for a description of IOC orders.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>82</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 516(f) for a description of ISOs.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>83</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Options Exchange User Manual, Version 1.13, Section 5.01 (revision date September 2, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/miax_pearl_user_manual.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>84</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Options MEO Interface Specification, Version 2.2a (revision date July 25, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/miax_express_orders_meo_v2.2a.pdf</E>
                         (providing full description of messages supported by the MEO Interface).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>85</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Options Trading Rules, Section 7(e)(1)(D).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>86</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Options Trading Rules, Section 7(e)(1)(D).
                    </P>
                </FTNT>
                <P>Nasdaq charges a monthly fee of $750 per QUO Port, per account number, while the Exchange provides the first two LSPs for free and the Exchange's highest proposed tier is $475 per LSP per month. Nasdaq charges higher QUO Port fees than the LSP fees proposed by the Exchange herein.</P>
                <P>
                    <E T="03">Nasdaq MRX.</E>
                     Nasdaq charges higher Ouch to Trade Options (“OTTO”) Port fees than the Limited Service MEO Port fees proposed by the Exchange. The Exchange acknowledges differences between the functionality of its LSPs and that of Nasdaq MRX's OTTO Ports; however, the Exchange believes that the fee comparison between LSPs and OTTO Ports is relevant as both ports provide a limited subset of functionality as provided by other ports offered by both the Exchange and Nasdaq MRX. Nasdaq MRX's OTTO Ports allow Nasdaq MRX members to connect, send, and receive messages related to orders, auction orders, and auction responses to Nasdaq MRX.
                    <SU>87</SU>
                    <FTREF/>
                     Messages sent over OTTO Ports include the following: (1) options symbol directory messages (
                    <E T="03">e.g.,</E>
                     underlying and complex instruments); (2) system event messages (
                    <E T="03">e.g.,</E>
                     start of trading hours messages and start of opening); (3) trading action messages (
                    <E T="03">e.g.,</E>
                     halts and resumes); (4) execution messages; (5) order messages; (6) risk protection triggers and cancel notifications; (7) auction notifications; (8) auction responses; and (9) post trade allocation messages.
                    <SU>88</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>87</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 3: Options Trading Rules, Supplementary Material to Options 3, Section 7, .03(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>88</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 3: Options Trading Rules, Supplementary Material to Options 3, Section 7, .03(b).
                    </P>
                </FTNT>
                <P>
                    Nasdaq MRX charges a monthly fee of $650 per OTTO Port, per account number (with fees for all OTTO Ports, CTI Ports, FIX Ports, FIX Drop Ports and disaster recovery ports subject to a monthly cap of $7,500), while the Exchange provides the first two LSPs for free and the Exchange's highest proposed tier is $475 per LSP per month. Nasdaq MRX charges higher OTTO Port fees than the LSP fees proposed by the Exchange herein.
                    <PRTPAGE P="7592"/>
                </P>
                <HD SOURCE="HD3">MEO Purge Port Fees</HD>
                <P>The proposed MEO Purge Port fees are comparable to, or lower than, the similar port fees charged by Nasdaq MRX, Cboe C2 and Nasdaq, as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">Monthly fee</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>MEO Purge Ports</ENT>
                        <ENT>$700 per matching engine.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq MRX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>First 5 SQF Purge Ports</ENT>
                        <ENT>$1,620 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Next 15 SQF Purge Ports</ENT>
                        <ENT>$1,080 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>All SQF Purge Ports over 20</ENT>
                        <ENT>$540 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>b</SU>
                        </ENT>
                        <ENT>Purge Ports</ENT>
                        <ENT>$850 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>c</SU>
                        </ENT>
                        <ENT>First 5 SQF Purge Ports</ENT>
                        <ENT>$1,620 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Next 15 SQF Purge Ports</ENT>
                        <ENT>$1,080 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>All SQF Purge Ports over 20</ENT>
                        <ENT>$540 per port.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104005 (September 18, 2025), 90 FR 45855 (September 23, 2025) (SR-MRX-2025-20) (new fees effective January 1, 2026).
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>c</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7: Pricing Schedule, Section 3 Nasdaq Options Market—Ports and Other Services, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>The Exchange's comparison to fees charged by other exchanges for similar ports is limited because a thorough comparison would require the Exchange to obtain competitively sensitive information about other exchanges' architecture and how their members connect. However, in a practical sense, the Exchange can surmise that a market participant would require multiple purge ports to access an exchange's entire market as a single port might not connect to all matching engines or provide the latency benefits that the market participant's trading behavior requires. The Exchange does not know the actual number of purge ports needed because it does not have insight into the technical architecture of other exchanges so it is difficult to ascertain the number of purge ports a firm would need to connect to another exchange's entire market. Therefore, the Exchange is limited to comparing its proposed fee to other exchanges' purge port fees as listed in their fee schedules.</P>
                <P>
                    <E T="03">Nasdaq MRX.</E>
                     Nasdaq MRX charges higher Specialized Quote Feed (“SQF”) Purge Port fees than the MEO Purge Port fees proposed by the Exchange. Nasdaq MRX's SQF Purge Ports are analogous to the Exchange's MEO Purge Ports. In general, MEO Purge Ports provide Members with the ability to send quote purge messages to the Exchange, but are not capable of sending or receiving any other type of messages or information.
                    <SU>89</SU>
                    <FTREF/>
                     Nasdaq MRX's SQF Purge Ports allow Nasdaq MRX market makers to send purge requests to the Nasdaq MRX trading system.
                    <SU>90</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>89</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>90</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX Options 3: Trading Rules, Supplementary Material to Options 3, Section 7, .03(c).
                    </P>
                </FTNT>
                <P>
                    Nasdaq MRX charges higher SQF Purge Port fees than the MEO Purge Port fees proposed by the Exchange herein. Nasdaq MRX will charge (beginning January 1, 2026) SQF Purge Port fees as follows: (a) $1,620 per SQF Purge Port per month for the first 5 ports; (b) $1,080 per SQF Purge Port per month for the next 15 ports; and (c) $540 per SQF Purge Port for all ports over 20 ports. The Exchange proposes to charge $700 per MEO Purge Port per matching engine per month. The Exchange chose to charge Purge ports on a per matching engine basis instead of a per port basis due to its System architecture, which provides two (2) MEO Purge Ports per matching engine for redundancy purposes. Members are able to select the matching engines that they want to connect to based on the business needs of each Market Maker, and pay the applicable fee based on the number of matching engines and pair of ports utilized.
                    <SU>91</SU>
                    <FTREF/>
                     This architecture provides Members with flexibility to control their MEO Purge Port costs based on the number of matching engines each Marker Maker elects to connect to based on each Market Maker's business needs. Further, the Exchange's monthly MEO Purge Port fee provides access to the Exchange's primary, secondary, and disaster recovery data centers for the single monthly fee. Nasdaq MRX, on the other hand, assesses an additional fee $50 per SQF Purge Port per month, per account number, to access its disaster recovery facility (albeit, Nasdaq MRX currently waives the fee for one SQF Purge Port to the disaster recovery facility per market maker per month).
                </P>
                <FTNT>
                    <P>
                        <SU>91</SU>
                         The Exchange notes that each matching engine corresponds to a specified group of symbols. Certain Market Makers choose to only quote in certain symbols while other Market Makers choose to quote the entire market.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges higher Purge Port fees than the MEO Purge Port fees proposed by the Exchange. Cboe C2's Purge Ports are analogous to the Exchange's MEO Purge Ports. In general, Cboe C2's Purge Ports allow its members the ability to cancel a subset (or all) of open orders across the executing firm's ID, underlying symbol(s), or custom group ID, across multiple logical ports/sessions.
                    <SU>92</SU>
                    <FTREF/>
                     Cboe C2 charges $850 per Purge Port per month, while the Exchange proposes to charge $700 per pair of MEO Purge Ports per matching engine per month. Cboe C2 charges higher Purge Port fees than the MEO Purge Port fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>92</SU>
                         
                        <E T="03">See</E>
                         Cboe Purge Ports, Frequently Asked Questions, U.S. Options, Version 1.3, 
                        <E T="03">available at https://cdn.cboe.com/resources/features/Cboe_USO_PurgePortsFAQs.pdf</E>
                         (last visited November 5, 2025).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher SQF Purge Port fees than the MEO Purge Port fees proposed by the Exchange. Nasdaq's SQF Purge Ports are analogous to the Exchange's MEO Purge Ports, which allow Nasdaq market makers to send purge requests to the Nasdaq trading system.
                    <SU>93</SU>
                    <FTREF/>
                     Nasdaq charges higher Purge Port fees than the MEO Purge Port fees proposed by the Exchange herein. Nasdaq charges tiered SQF Purge Port fees as follows: (a) $1,620 per SQF Purge Port per month for the first 5 ports; (b) $1,080 per SQF Purge Port per month for the next 15 ports; and (c) $540 per SQF Purge Port for all ports over 20 ports. The Exchange proposes to charge a flat $700 per set of MEO Purge Ports per matching engine per month.
                </P>
                <FTNT>
                    <P>
                        <SU>93</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Trading Rules, Section 7(e)(1)(B).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">CTD Port Fees</HD>
                <P>
                    The proposed CTD Port fees are lower than the similar port fees charged by 
                    <PRTPAGE P="7593"/>
                    Nasdaq, as summarized in the table below.
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">Monthly fee</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>CTD Ports</ENT>
                        <ENT>$575</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>a</SU>
                        </ENT>
                        <ENT>CTI Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7: Pricing Schedule, Section 3 Nasdaq Options Market—Ports and Other Services, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher Clearing Trade Interface (“CTI”) Port fees than the CTD Port fees proposed by the Exchange. Nasdaq's CTI Ports are analogous to the Exchange's CTD Ports. In general, CTD Ports provide an Exchange Member with real-time clearing trade updates, including, among other things, the following: (i) trade date and time; (ii) symbol information; (iii) trade price/size information; (iv) Member type (for example, and without limitation, Market Maker, Electronic Exchange Member, Broker-Dealer); and (v) Exchange MPID for each side of the transaction, including Clearing Member MPID.
                    <SU>94</SU>
                    <FTREF/>
                     Nasdaq's CTI Ports provide real-time clearing trade updates regarding trade details specific to the Nasdaq participant, which include, among other things, the following: (i) The Clearing Member Trade Agreement or “CMTA” or The Options Clearing Corporation or “OCC” number; (ii) Nasdaq badge or house number; (iii) Nasdaq internal firm identifier; (iv) an indicator which will distinguish electronic and non-electronically delivered orders; (v) liquidity indicators and transaction type for billing purposes; and (vi) capacity.
                    <SU>95</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>94</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>95</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Trading Rules, Section 23(b)(1).
                    </P>
                </FTNT>
                <P>Nasdaq charges $650 per CTI Port per month, while the Exchange proposes to charge $575 per CTD Port per month. Nasdaq charges higher CTI Port fees than the CTD Port fees proposed by the Exchange herein.</P>
                <HD SOURCE="HD3">FXD Port Fees</HD>
                <P>The proposed FXD Port fees are lower than the similar port fees charged by Cboe C2 and Nasdaq BX, as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>FXD Ports</ENT>
                        <ENT>$325</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Drop Logical Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>b</SU>
                        </ENT>
                        <ENT>FIX Drop Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7: Pricing Schedule, Section 3 Nasdaq Options Market—Ports and Other Services, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges higher logical Drop Port fees than the FXD Port fees proposed by the Exchange. Cboe C2's Drop Logical Ports are analogous to the Exchange's FXD Ports. In general, FXD Ports allow the Exchange's market participants to connect their systems with a messaging interface that provides a copy of real-time trade execution, trade correction and trade cancellation information.
                    <SU>96</SU>
                    <FTREF/>
                     Cboe C2's Drop Logical Ports allow its members to receive real-time information about order flow, including execution information (
                    <E T="03">i.e.,</E>
                     filled or partially filled) and cancellation information.
                    <SU>97</SU>
                    <FTREF/>
                     Like the Exchange's FXD Ports, Cboe C2's Drop Logical Ports do not allow the user to submit orders to the exchange. Cboe C2 charges $650 per Drop Logical Port per month, while the Exchange proposes to charge $325 per FXD Port per month. Cboe C2 charges higher Drop Logical Port fees as the FXD Port fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>96</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>97</SU>
                         
                        <E T="03">See</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97, FIX Drop section (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher FIX Drop Port fees than the FXD Port fees proposed by the Exchange. Nasdaq's FIX Drop Ports are analogous to the Exchange's FXD Ports in that they provide a real-time order and execution update message that is sent to a Nasdaq participant after an order has been received or modified or an execution has occurred and contains trade details specific to that participant.
                    <SU>98</SU>
                    <FTREF/>
                     The information provided through the Nasdaq FIX Drop Port includes, among other things, the following: (i) executions; (ii) cancellations; (iii) modifications to an existing order and (iv) busts or post-trade corrections.
                    <SU>99</SU>
                    <FTREF/>
                     Nasdaq charges $650 per FIX Drop Port per month, while the Exchange proposes to charge $325 per FXD Port per month. Nasdaq charges higher FIX Drop Port fees than the FXD Port fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>98</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Trading Rules, Section 23(b)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>99</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Full Service MEO Port (Single) Fees</HD>
                <P>The proposed Full Service MEO Port (Single) fees are similar to the port fees charged by Cboe BZX Exchange, Inc. (“Cboe BZX”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per set)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>Full Service MEO Port (Single)</ENT>
                        <ENT>$4,500.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe BZX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>1st and 2nd BOE Unitized Logical Ports</ENT>
                        <ENT>$2,500 per set.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>3rd through 14th BOE Unitized Logical Ports</ENT>
                        <ENT>$3,000 per set.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="7594"/>
                        <ENT I="22"> </ENT>
                        <ENT>15th through 30th BOE Unitized Logical Ports</ENT>
                        <ENT>$3,500 per set.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe BZX Fee Schedule, Options Logical Port Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/bzx/.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>The Exchange's comparison to fees charged by other exchanges for similar ports is limited because a thorough comparison would require the Exchange to obtain competitively sensitive information about other exchanges' architecture and how their members connect. However, in a practical sense, the Exchange can surmise that a market participant would require multiple ports to access an exchange's entire market as a single port might not connect to all matching engines or provide the latency benefits that the market participant's quoting behavior requires. The Exchange does not know the actual number of ports needed because it does not have insight into the technical architecture of other exchanges so it is difficult to ascertain the number of ports a firm would need to connect to another exchange's entire market and quote that entire market. Therefore, the Exchange is limited to comparing its proposed fee to other exchanges' port fees as listed in their fee schedules.</P>
                <P>
                    <E T="03">Cboe BZX.</E>
                     Cboe BZX charges similar BOE Unitized Logical Port (set) fees as proposed by the Exchange for its Full Service MEO Port (Single) fees. Cboe BZX's BOE Unitized Logical Ports are analogous to the Exchange's Full Service MEO Ports (Single). In general, a Full Service MEO Port (Single) supports all MEO input message types and binary order entry on a single order-by-order basis, but not bulk orders.
                    <SU>100</SU>
                    <FTREF/>
                     For bulk binary order entry, the Exchange offers Full Service MEO Ports (Bulk).
                    <SU>101</SU>
                    <FTREF/>
                     Full Service MEO Ports (Single) entitle a Member to two (2) such ports for each matching engine for a single monthly port fee.
                    <SU>102</SU>
                    <FTREF/>
                     Similarly, BOE Unitized Logical Ports allow Cboe BZX members to submit orders and quotes, while the Cboe BZX Bulk Unitized Logical Ports allow its members to submit and update multiple quote bids and offers in one message through logical ports enabled for bulk-quoting.
                    <SU>103</SU>
                    <FTREF/>
                     Cboe BZX members may purchase BOE Unitized Logical Ports individually (
                    <E T="03">i.e.,</E>
                     capable of accessing a specified matching engine) and/or as a set (
                    <E T="03">i.e.,</E>
                     Cboe BZX will include the total number of ports needed to connect to each available matching engine).
                    <SU>104</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>100</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>101</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Options Exchange User Manual, Version 1.13, Section 5.01 (revision date September 2, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/miax_pearl_user_manual.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>102</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “*”.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>103</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104129 (September 29, 2025), 90 FR 47390 (October 1, 2025) (SR-CboeBZX-2025-134); 
                        <E T="03">see also</E>
                         CBOE BZX Rule 21.1(l)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>104</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104129 (September 29, 2025), 90 FR 47390 (October 1, 2025) (SR-CboeBZX-2025-134).
                    </P>
                </FTNT>
                <P>For purposes of this comparison, Cboe BZX charges the following fees for each BOE Unitized Logical Port set (on a per set basis): $2,500 per month for 1st and 2nd port set; $3,000 per month for 3rd through 14th port set; and $3,500 per month for 15th through 30th port set. The Exchange proposes to charge a flat fee of $4,500 per Full Service MEO Port (Single) set, which also provides Members with access to all matching engines. Accordingly, the Exchange believes its proposed Full Service MEO Port (Single) fees are similar to the fees charged by Cboe BZX for its BOE Unitized Logical Port sets.</P>
                <HD SOURCE="HD3">Full Service MEO Port (Bulk) Fees</HD>
                <P>The proposed Full Service MEO Port (Bulk) fees are comparable to, or lower than, the similar port fees charged by Cboe C2, as summarized in the table below.</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,tp0,p1,8/9,i1" CDEF="s50,r50,10,r50,r75">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25">Exchange</ENT>
                        <ENT>Type of product/service</ENT>
                        <ENT A="02">Monthly fee</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MIAX Pearl Options</ENT>
                        <ENT>Market Maker Full Service MEO Port (Bulk)</ENT>
                        <ENT>$5,500</ENT>
                        <ENT>Up to 10 Classes</ENT>
                        <ENT>Up to 20% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>8,000</ENT>
                        <ENT>Up to 40 Classes</ENT>
                        <ENT>Up to 35% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>11,000</ENT>
                        <ENT>Up to 100 Classes</ENT>
                        <ENT>Up to 50% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>13,000</ENT>
                        <ENT>Over 100 Classes</ENT>
                        <ENT>Over 50% of Classes by volume up to all Classes on MIAX Pearl Options (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>EEM Full Service MEO Port (Bulk)</ENT>
                        <ENT A="L02">$8,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Bulk BOE Ports</ENT>
                        <ENT A="L02">$1,500 per port for ports 1 though 5.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT A="L02">$2,500 per port for ports 6 or more.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    The Exchange's comparison to fees charged by other exchanges for similar ports is limited because a thorough comparison would require the Exchange to obtain competitively sensitive information about other exchanges' architecture and how their members connect. However, in a practical sense, the Exchange can surmise that a market participant would require multiple ports to access an exchange's entire market as a single port might not connect to all matching engines or provide the latency benefits that the market participant's quoting behavior requires. The Exchange does not know the actual number of purge ports needed because it does not have insight into the technical architecture of other exchanges so it is difficult to ascertain the number of ports a firm would need to connect to another exchange's entire market and quote that entire market. Therefore, the Exchange is limited to 
                    <PRTPAGE P="7595"/>
                    comparing its proposed fee to other exchanges' port fees as listed in their fee schedules.
                </P>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges similar, or higher, bulk order port fees than the Full Service MEO Port (Bulk) fees proposed by the Exchange. Cboe C2's Bulk BOE Ports are analogous to the Exchange's Full Service MEO Ports (Bulk). In general, Full Service MEO Ports (Bulk) means an MEO port that supports all MEO input message types and binary bulk order entry.
                    <SU>105</SU>
                    <FTREF/>
                     The Exchange's Full Service MEO Ports (Bulk) entitle a Member to two such ports for each matching engine for a single monthly port fee.
                    <SU>106</SU>
                    <FTREF/>
                     The Exchange has twelve total matching engines; therefore, for one monthly fee, each Member is provided twenty-four total Full Service MEO Ports (Bulk) (
                    <E T="03">i.e.,</E>
                     two per matching engine multiplied by twelve matching engines). Cboe C2's Bulk BOE Ports provide users with the ability to submit single and bulk order messages to enter, modify, or cancel orders and are intended for use by market makers quoting large numbers of simple options series.
                    <SU>107</SU>
                    <FTREF/>
                     Each Bulk BOE Port has access to all of Cboe C2's matching units, which, according to Cboe, typically ranges from 31-35 matching units per Cboe-affiliated exchange.
                    <SU>108</SU>
                    <FTREF/>
                     The Cboe C2 Bulk BOE Port does not provide a Cboe C2 market maker with a port for each matching unit and the Exchange believes that, based on the experience of its own Market Makers, it would not be feasible to quote an entire market with only a single (or handful) of ports; rather, a market maker would likely need to have a port on each matching unit to be able to quote the entire market.
                </P>
                <FTNT>
                    <P>
                        <SU>105</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule. 
                        <E T="03">See also</E>
                         MIAX Pearl Options Exchange User Manual, Version 1.13, Section 5.01 (revision date September 2, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/miax_pearl_user_manual.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>106</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d), note “*”.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>107</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83201 (May 9, 2018), 83 FR 22546 (May 15, 2018) (SR-C2-2018-006) 
                        <E T="03">and</E>
                         Cboe Titanium U.S. Options Binary Order Entry Version 3 Specification, Version 1.10, page 45 (October 31, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_BOE3_Specification.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>108</SU>
                         
                        <E T="03">See</E>
                         Cboe Titanium U.S. Options Binary Order Entry Version 3 Specification, Version 1.10, page 224 (October 31, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_BOE3_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>The Exchange believes that Cboe C2 charges higher bulk port fees than proposed by the Exchange herein. Cboe C2 charges $1,500 per port for the first five Bulk BOE Ports, and $2,500 per port for each Bulk BOE Port utilized in excess of five ports. The Exchange proposes to charge between $5,500 and $13,000 per month for Full Service MEO Ports (Bulk) for Market Makers, depending on the number of classes assigned or percentage of national ADV, and $8,000 per month for Full Service MEO Ports (Bulk) for EEMs. The Exchange's proposed rates for Market Makers and EEMs provide two such ports for each of the Exchange's twelve matching engines, for a total of twenty-four total ports for the monthly fee (between $5,500 and $13,000). For a Cboe C2 member to utilize a Bulk BOE Port on each matching unit, that member would have to purchase between 31 and 35 such ports. As such, the approximated fees for doing so would be between $72,500 (($1,500 per port multiplied by the first five Bulk BOE Ports) + ($2,500 per port multiplied by the next twenty-six Bulk BOE Ports)) and $82,500 (($1,500 per port multiplied by the first five Bulk BOE Ports) + ($2,500 per port multiplied by the next thirty Bulk BOE Ports)).</P>
                <STARS/>
                <P>Each of the above examples of other exchanges' non-transaction fees support the proposition that the Exchange's proposed fees are comparable to those of other exchanges for similar products or services and are, therefore, reasonable.</P>
                <HD SOURCE="HD3">The Proposed Fees Are Equitably Allocated and Not Unfairly Discriminatory</HD>
                <P>
                    <E T="03">Overall.</E>
                     The Exchange believes that its proposed fees are reasonable, equitable, and not unfairly discriminatory because, in sum, they are designed to align fees with services provided by amending them to levels that are comparable to similar fees for services assessed by other equity options exchanges. The Exchange believes that the proposed fees are allocated fairly and equitably among Members and non-Members because they apply to all Members and non-Members equally, and any differences among categories of fees are not unfairly discriminatory and are justified and appropriate.
                </P>
                <P>The Exchange believes that the proposed fees are equitably allocated because they will apply uniformly to all Members and non-Members that choose to purchase a particular service based on their business need. Any Member or non-Member that chooses to purchase a particular product or service is subject to the same Fee Schedule, regardless of what type of business they operate, and the decision to purchase a particular product or service is based on objective differences in usage of the particular product or service among different Members and non-Member, which are still ultimately in the control of any particular Member or non-Member. The Exchange believes the proposed pricing is equitably allocated because of the service's or product's utility and value to market participants compared to other like exchanges' products and services.</P>
                <P>The Exchange further believes that the proposed fees are reasonable, fair and equitable, and non-discriminatory because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy.</P>
                <P>
                    <E T="03">EEM and EEM Clearing Firm Trading Permit Fees.</E>
                     The Exchange believes the proposed Trading Permit fees for EEMs are equitably allocated because the proposed fees would apply to each EEM in a uniform manner, depending on the type of interface that the EEM uses to access the Exchange—either FIX or MEO—and the Non-Transaction Fees Volume-Based Tier achieved by the EEM in the relevant month.
                    <SU>109</SU>
                    <FTREF/>
                     The Exchange believes the proposal to charge higher Trading Permit fees for EEMs that connect via the MEO Interface is equitable because the MEO Interface provides higher throughput and enhanced functionality compared to the FIX Interface. The MEO Interface is the Exchange's proprietary, binary interface that offers Members lower latency and higher throughput. Accordingly, the Exchange believes it is equitable to charge slightly higher Trading Permit fees for EEMs that connect via the MEO Interface compared to EEMs that connect solely through the industry-standard FIX Interface.
                </P>
                <FTNT>
                    <P>
                        <SU>109</SU>
                         
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes its proposal to assess higher Trading Permit fees to EEMs that reach Tiers 2 and 3 of the Non-Transaction Fees Volume-Based Tier structure in the relevant month is not unfairly discriminatory because the volume calculations and thresholds are applied equally to all MIAX Pearl Members. All similarly situated Members are subject to the same volume thresholds, and access to the Exchange is offered on terms that are not unfairly discriminatory. The specific volume thresholds of the Trading Permit fees were set based upon business determinations. The Exchange believes that by basing certain fees upon volume, this will permit Member firms to have the same access to the Exchange but pay fees which are proportionate to their usage of the Exchange. The same fees based upon the same volume will also be assessed to Members on an equal 
                    <PRTPAGE P="7596"/>
                    basis since they are assessed based upon the same volume of order flow provided. This structure has also been in place at the current volume threshold levels since the Exchange established Trading Permit fees in 2018.
                    <SU>110</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>110</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 82867 (March 13, 2018), 83 FR 12044 (March 19, 2018) (SR-PEARL-2018-07).
                    </P>
                </FTNT>
                <P>The Exchange believes the proposed increased Trading Permit fee for EEM Clearing Firms is equitably allocated and not unfairly discriminatory because the proposed fee would apply to each EEM Clearing Firm in a uniform manner without regard to membership status or the extent of any other business with the Exchange or affiliated entities.</P>
                <P>
                    <E T="03">Market Maker Trading Permit Fees.</E>
                     The Exchange believes the proposed Trading Permit fees for Market Makers are equitable as the fees apply equally to all Market Makers based upon the number of class registrations or percentage of executed national ADV each month. The Exchange believes that assessing lower fees to Market Makers that quote in fewer classes is equitable because it will allow the Exchange to retain and attract smaller-scale Market Makers, which are an integral component of the options industry marketplace. Since these smaller Market Makers typically utilize less bandwidth and capacity on the Exchange network due to the lower number of quoted classes, the Exchange believes it is equitable to offer Market Makers Trading Permit fee tiers with lower rates based on a lower number of classes assigned or a lower percentage of executed national ADV. In addition, smaller Market Makers who want to quote greater number of classes or a higher percentage of executed national ADV, but have lower volume thresholds, the Exchange believes it is equitable to offer such Market Makers a lower fee, designated in footnote “ * * ” following the Market Maker Trading Permit fee table.
                </P>
                <P>The Exchange believes it is equitable and not unfairly discriminatory to charge higher Trading Permit fees to Market Makers that quote a higher number of classes or execute higher percentages of volume on the Exchange because the System requires increased performance and capacity in order to provide the opportunity for Market Makers to quote in a higher number of options classes on the Exchange. Specifically, more classes that are actively quoted on the Exchange by a Market Maker will require increased memory for record retention, increased bandwidth for optimized performance, increased functionalities on each application layer, and increased optimization with regard to surveillance and monitoring of such classes quoted. As such, basing the higher Market Maker Trading Permit fees on the greater number of classes quoted in on any given day in a calendar month is equitable and not unfairly discriminatory when considering how the increased number of quoted classes directly impacts the resources required for the Exchange to operate for all market participants.</P>
                <P>
                    <E T="03">Network Connectivity Fees.</E>
                     The Exchange believes that the proposed fees for network connectivity to the primary/secondary facility and disaster recovery facility for Members and non-Members are equitably allocated because they would apply equally to all market participants that choose to purchase such connectivity products and services from the Exchange. Any participant that chooses to purchase the Exchange's connectivity products and services would be subject to the same fees, regardless of what type of business they operate or the use they plan to make of the products and services. Additionally, the fee increases would be applied uniformly to market participants without regard to Exchange membership status or the extent of any other business with the Exchange or affiliated entities.
                </P>
                <P>The Exchange believes that the proposed fees are equitably allocated among anticipated users of the network connectivity as the Exchange expects that users of 10Gb ULL connections will consume substantially more bandwidth and network resources than users of 1Gb connections. It is the experience of the Exchange and its affiliated exchanges that this is the case as 10Gb ULL connection users have historically accounted for more than 99% of message traffic over the network, which drives increased capacity utilization, while the users of the 1Gb connections account for less than 1% of message traffic over the network. In the experience of the Exchange and its affiliates, users of the 1Gb connections do not have the same business needs for the high-performance network as 10Gb ULL users.</P>
                <P>
                    The Exchange's high-performance network and supporting infrastructure (including employee support), provides unparalleled system throughput. To achieve a consistent, premium network performance, the Exchange built out and must now maintain a network that has the capacity to handle the message rate requirements of its most heavy network consumers. These billions of messages per day consume the Exchange's resources and significantly contribute to the overall increase in storage and network transport capabilities. The Exchange must analyze its storage capacity on an ongoing basis to ensure it has sufficient capacity to store these messages to satisfy its record keeping requirements under the Exchange Act.
                    <SU>111</SU>
                    <FTREF/>
                     Given this difference in network utilization rate, the Exchange believes that it is equitable and not unfairly discriminatory that the 10Gb ULL users continue to pay higher network connectivity fees.
                </P>
                <FTNT>
                    <P>
                        <SU>111</SU>
                         17 CFR 240.17a-1 (recordkeeping rule for national securities exchanges, national securities associations, registered clearing agencies and the Municipal Securities Rulemaking Board).
                    </P>
                </FTNT>
                <P>
                    <E T="03">FIX, CTD, and FXD Port Fees.</E>
                     The Exchange believes that the proposed FIX, CTD and FXD Port fees are equitable and non-discriminatory because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy. The proposed fees for each type of port (FIX, CTD or FXD) does not depend on any distinctions between Members, customers, broker-dealers, or any other entity. The proposed fee will be assessed solely based on the number of FIX, CTD or FXD Ports an entity selects and not on any other distinction applied by the Exchange. The Exchange believes offering a tiered fee structure where the fee for FIX Ports decreases with the number utilized is equitable and not unfairly discriminatory because FIX Ports are used for order entry compared to CTD and FXD Ports, which are used to provide messages concerning trade execution, cancellation, and post-trade clearing information and, in the Exchange's experience, Members tend to utilize fewer such ports overall. Further, the Exchange believes the proposed fees for FIX, CTD and FXD Ports are reasonable because for one monthly fee for each port, Members are able to access all matching engines.
                </P>
                <P>
                    <E T="03">MEO Purge Port Fees.</E>
                     The Exchange believes that the proposed Purge Port fees are equitable because Purge Ports are completely voluntary as they relate solely to optional risk management functionality. While the Exchange believes that Purge Ports provide a valuable service, Market Makers can choose to purchase, or not purchase, these ports based on their own determination of the value and their business needs. No Market Maker is required or under any regulatory obligation to utilize Purge Ports. In fact, some market participants, in particular the larger firms, could and do build similar risk functionality in their trading 
                    <PRTPAGE P="7597"/>
                    systems that permit the flexible cancellation of quotes entered on the Exchange at a high rate. Accordingly, the Exchange believes that Purge Ports offer appropriate risk management functionality to firms that trade on the Exchange for Market Makers that chose to purchase them.
                </P>
                <P>Purge Ports enhance Members' ability to manage orders, which, in turn, improves their risk controls to the benefit of all market participants. The Exchange also believes that the proposed Purge Port fees are not unfairly discriminatory because they will apply uniformly to all Members that choose to use the optional Purge Ports. Purge Ports are completely voluntary and, as they relate solely to optional risk management functionality, no Market Maker is required or under any regulatory obligation to utilize them. All Members that voluntarily select this service option will be charged the same amount for the same services based upon the number of matching engines. The Exchange also believes that offering Purge Ports at the matching engine level promotes risk management across the industry, and thereby facilitates investor protection. Offering Matching Engine level protections ensures that such functionality is widely available to all firms, including smaller firms that may otherwise not be willing to incur the costs and development work necessary to support their own customized mass cancel functionality. As such, the Exchange believes the proposed fees are equitable and not unfairly discriminatory.</P>
                <P>
                    <E T="03">Limited Service MEO Port Fees.</E>
                     The Exchange believes the proposed fees for Limited Service MEO Ports are not unfairly discriminatory because they would apply to all Market Makers equally. All Market Makers remain eligible to receive two free Limited Service MEO Ports per matching engine and those that elect to purchase more would be subject to the same monthly rate depending upon the number they choose to utilize. In the Exchange's experience, certain Market Makers choose to purchase additional Limited Service MEO Ports based on their own particular trading/quoting strategies and feel they need a certain number of ports to execute on those strategies. Other Market Makers may continue to choose to only utilize the free Limited Service MEO Ports to accommodate their own trading or quoting strategies, or other business models. All Market Makers elect to receive or purchase the amount of Limited Service MEO Ports they require based on their own business decisions and all market participants would be subject to the same fee structure. Every Market Maker may receive up to two free Limited Service MEO Ports and those that choose to purchase additional Limited Service MEO Ports may elect to do so based on their own business decisions and would continue to be subject to the same monthly fees.
                </P>
                <P>
                    The Exchange believes that the proposed fees for Limited Service MEO Ports is reasonable, equitable, and not unfairly discriminatory because it is designed to align fees with services provided, will apply equally to all Market Makers that are assigned Limited Service MEO Ports, and minimizes barriers to entry by providing all Market Makers with two free Limited Service MEO Ports. As a result, there are several Market Makers that are not subject to any additional LSP fees. In contrast, other exchanges generally charge in excess of $475 per port (the highest fee the Exchange proposes to charge for Limited Service MEO Ports) without providing any initial ports for free.
                    <SU>112</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>112</SU>
                         
                        <E T="03">See</E>
                         Nasdaq, Options 7: Pricing Schedule, Section 3(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207</E>
                         (providing zero free ports and charging $750 per QUO Port, which is analogous to the Exchange's Limited Service MEO Port) 
                        <E T="03">and</E>
                         Nasdaq MRX, Options 7: Pricing Schedule, Section 6(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/mrx/rules/MRX%20Options%207</E>
                         (providing zero free ports and charging $650 per OTTO Port, which is analogous to the Exchange's Limited Service MEO Port).
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed Limited Service MEO Port fee structure is equitable and not unfairly discriminatory because it will continue to enable Market Makers to access the Exchange with two free ports before the proposed fees for additional Limited Service MEO Ports apply, thereby continuing to encourage order flow and liquidity from a diverse set of Market Makers, facilitating price discovery and the interaction of orders. The Exchange notes that a substantial majority of Market Makers only utilize the two Limited Service MEO Ports provided for no fee. The proposed fees are designed to encourage Market Makers to be efficient with their Limited Service MEO Port usage. There is no requirement that any Market Maker maintain a specific number of Limited Service MEO Ports and a Market Maker may choose to maintain as many or as few of such ports as each Member deems appropriate.</P>
                <P>
                    <E T="03">Full Service MEO Port (Bulk) Fees.</E>
                     The proposed fees for Full Service MEO Ports are not unfairly discriminatory because they would apply to all Market Makers equally. The Exchange's pricing structure for Full Service MEO Ports is similar to the pricing structure used by the Exchange's affiliates, MIAX, MIAX Emerald, and MIAX Sapphire, for their Full Service MEI/MEO Port fees.
                    <SU>113</SU>
                    <FTREF/>
                     In the Exchange's experience, Members that are frequently in the highest tier for Full Service MEO Ports consume the most bandwidth and resources of the network.
                </P>
                <FTNT>
                    <P>
                        <SU>113</SU>
                         
                        <E T="03">See</E>
                         MIAX Fee Schedule, Section 5)d)ii); MIAX Emerald Fee Schedule, Section 5)d)ii); 
                        <E T="03">and</E>
                         MIAX Sapphire Fee Schedule, Section 5)d)ii).
                    </P>
                </FTNT>
                <P>To achieve a consistent, premium network performance, the Exchange must build out and maintain a network that has the capacity to handle the message rate requirements of its most heavy network consumers during anticipated peak market conditions. The need to support billions of messages per day consumes the Exchange's resources and significantly contributes to the overall need to increase network storage and transport capabilities. Thus, as the number of ports a Market Maker has increases, the related pull on Exchange resources may continue to increase.</P>
                <P>
                    The Exchange further believes that the proposed fees are reasonable, equitably allocated and not unfairly discriminatory because, for the flat fee in each tier, the Exchange provides each Member two Full Service MEO Ports for each matching engine to which that Member is connected. Unlike other options exchanges that provide similar port functionality and charge fees on a per port basis,
                    <SU>114</SU>
                    <FTREF/>
                     the Exchange offers Full Service MEO Ports as a package and provides Market Makers with the option to receive up to two Full Service MEO Ports per matching engine to which it connects. The Exchange currently has twelve matching engines, which means Market Makers may receive up to twenty-four Full Service MEO Ports for a single monthly fee, which can vary based on certain volume percentages or classes the Market Maker is registered in. Assuming a Market Maker connects to all twelve matching engines during the month, and achieves the highest tier for that month, with two Full Service MEO Ports per matching engine, this would result in a cost of approximately $542 per Full Service 
                    <PRTPAGE P="7598"/>
                    MEO Port ($13,000 divided by 24, and rounded up to the nearest dollar).
                </P>
                <FTNT>
                    <P>
                        <SU>114</SU>
                         
                        <E T="03">See</E>
                         NASDAQ Pricing Schedule, Options 7, Section 3, Ports and Other Services 
                        <E T="03">and</E>
                         NASDAQ Rules, General 8: Connectivity, Section 1. Co-Location Services (similar to the MIAX Pearl Options' MEO Ports, SQF ports are primarily utilized by Market Makers); ISE Pricing Schedule, Options 7, Section 7, Connectivity Fees 
                        <E T="03">and</E>
                         ISE Rules, General 8: Connectivity; NYSE American Options Fee Schedule, Section V.A. Port Fees 
                        <E T="03">and</E>
                         Section V.B. Co-Location Fees; GEMX Pricing Schedule, Options 7, Section 6, Connectivity Fees 
                        <E T="03">and</E>
                         GEMX Rules, General 8: Connectivity.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed reduced Full Service MEO Port fee for Market Makers that fall within the 3rd and 4th levels of the Full Service MEO Port fee table and certain volume thresholds are met is not unfairly discriminatory because this lower monthly fee is designed to provide a lower fixed cost to those Market Makers who are willing to quote the entire Exchange market (or substantial amount of the Exchange market), as objectively measured by either number of classes assigned or national ADV, but who do not otherwise execute a significant amount of volume on the Exchange. The Exchange believes that, by continuing to offer a lower fixed cost to Market Makers that execute less volume, the Exchange will continue to retain and attract smaller-scale Market Makers, which are an integral component of the option industry marketplace, but have been decreasing in number in recent years, due to industry consolidation and lower market maker profitability. The Exchange believes it is beneficial to incentivize these additional Market Makers to register to make markets on the Exchange to increase liquidity. Increased liquidity from a diverse set of market participants helps facilitate price discovery and the interaction of orders, which benefits all market participants of the Exchange. Since these smaller-scale Market Makers may utilize less Exchange capacity due to lower overall volume executed, the Exchange believes it is reasonable, equitably allocated and not unfairly discriminatory to offer such Market Makers a lower fixed cost. The Exchange notes that its affiliated markets, MIAX, MIAX Emerald, and MIAX Sapphire, offer a similar reduced fee for their Full Service MEO/MEI Ports for smaller-scale Market Makers.
                    <SU>115</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>115</SU>
                         
                        <E T="03">See</E>
                         MIAX Fee Schedule, Section 5)d)ii), note “*”; MIAX Emerald Fee Schedule, Section 5)d)ii), note “▪” 
                        <E T="03">and</E>
                         MIAX Sapphire Fee Schedule, Section 5)d), note “b”.
                    </P>
                </FTNT>
                <STARS/>
                <P>For all of the foregoing reasons, the Exchange believes that the proposed fees are equitably allocated and not unfairly discriminatory.</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>116</SU>
                    <FTREF/>
                     the Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>116</SU>
                         15 U.S.C. 78f(b)(8).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Intra-Market Competition</HD>
                <HD SOURCE="HD3">EEM Trading Permit Fees</HD>
                <P>
                    The Exchange believes the proposed Trading Permit fees for EEMs do not impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed fees do not favor certain categories of market participants in a manner that would impose a burden on competition. The Exchange believes the proposed fees, which are based on the type of interface that the EEM uses to access the Exchange—either FIX or MEO—and the Non-Transaction Fees Volume-Based Tier achieved by the EEM in the relevant month,
                    <SU>117</SU>
                    <FTREF/>
                     are designed to provide objective criteria for EEMs of different sizes and business models that best matches their order activity on the Exchange. Further, the Exchange believes the proposed higher fees for EEMs that connect via the MEO Interface (as opposed to the FIX Interface) do not place certain market participants at a relative disadvantage to other market participants because the MEO Interface provides higher throughput and enhanced functionality compared to the FIX Interface. The MEO Interface is the Exchange's proprietary, binary interface that offers Members lower latency and higher throughput. Accordingly, the Exchange believes the higher proposed Trading Permit fees for EEMs that connect via the MEO Interface do not impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>117</SU>
                         
                        <E T="03">See</E>
                         the Definitions Section of the Fee Schedule.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">EEM Clearing Firm Trading Permit Fee</HD>
                <P>The Exchange believes the proposed increased Trading Permit fee for EEM Clearing Firms does not impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed fee does not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the fee rate is the same for each EEM Clearing Firm without regard to membership status or the extent of any other business with the Exchange or affiliated entities in order for each EEM Clearing Firm to clear transactions on the Exchange.</P>
                <HD SOURCE="HD3">Market Maker Trading Permit Fees</HD>
                <P>
                    The Exchange believes that the proposed Trading Permit fees for Market Makers do not place certain market participants at a relative disadvantage to other market participants because the proposed fees do not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the fee rates are designed in order to provide objective criteria for Market Makers of different sizes and business models that best matches their order and quoting activity on the Exchange. Further, the Exchange believes that the proposed Market Maker Trading Permit fees will not impose a burden on intra-market competition because, when these fees are viewed in the context of the overall activity on the Exchange, Market Makers: (1) consume the most bandwidth and resources of the network; (2) transact the vast majority of the volume on the Exchange; and (3) require the high touch network support services provided by the Exchange and its staff, including more costly network monitoring, reporting and support services, resulting in a much higher cost to the Exchange. The Exchange notes that the majority of customer demand comes from Market Makers, whose transactions make up a majority of the volume on the Exchange. Further, other member types, 
                    <E T="03">i.e.,</E>
                     EEMs, take up significantly less Exchange resources and costs. As such, the Exchange does not believe charging Market Makers higher Trading Permit fees than other member types will impose a burden on intra-market competition.
                </P>
                <P>
                    The Exchange believes that the increasing fees under the tiered Market Maker Trading Permit fee structure do not impose a burden on intra-market competition because the tiered structure continues to take into account the number of classes quoted by each individual Market Maker, or percentage of total national ADV. The Exchange's system requires increased performance and capacity in order to provide the opportunity for each Market Maker to quote in a higher number of options classes on the Exchange. Specifically, the more classes that are actively quoted on the Exchange by a Market Maker requires increased memory for record retention, increased bandwidth for optimized performance, increased functionalities on each application layer, and increased optimization with regard to surveillance and monitoring of such classes quoted. As such, basing the Market Maker Trading Permit fee on the greatest number of classes quoted in on any given day in a calendar month, or 
                    <PRTPAGE P="7599"/>
                    percentage of total national ADV, is does not impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act when taking into account how the increased number of quoted classes directly impact the costs and resources for the Exchange.
                </P>
                <HD SOURCE="HD3">Network Connectivity Fees</HD>
                <P>The Exchange believes that the proposed network connectivity fees for Members and non-Members do not place certain market participants at a relative disadvantage to other market participants or affect the ability of such market participants to compete. The proposed fees will apply uniformly to all market participants regardless of the number of 1Gb or 10Gb ULL connections they choose to purchase to the primary/secondary facility or the disaster recovery facility. The proposed fees do not favor certain categories of market participants in a manner that would impose an undue burden on competition.</P>
                <P>The Exchange does not believe that the proposed fees for connectivity services place certain market participants at a relative disadvantage to other market participants because the proposed connectivity pricing is associated with relative usage of the Exchange by each market participant and does not impose a barrier to entry to smaller participants. The Exchange believes its proposed pricing is reasonable and, when coupled with the availability of third-party providers that also offer connectivity solutions, participation on the Exchange is competitive for all market participants, including smaller trading firms. The connectivity services purchased by market participants typically increase based on their additional message traffic and/or the complexity of their operations. The market participants that utilize more connectivity services typically utilize the most bandwidth, and those are the participants that consume the most resources from the network. Accordingly, the proposed fees for connectivity services do not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the allocation of the proposed connectivity fees reflects the network resources consumed by the various size of market participants and the costs to the Exchange of providing such connectivity services.</P>
                <HD SOURCE="HD3">FIX, CTD, and FXD Port Fees</HD>
                <P>The Exchange believes that the proposed FIX, CTD and FXD Port fees do not place certain market participants at a relative disadvantage to other market participants because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy. The proposed fees for each type of port (FIX, CTD or FXD) do not depend on any distinctions between Members, customers, broker-dealers, or any other entity. The proposed fee will be assessed solely based on the number of FIX, CTD or FXD Ports an entity selects and not on any other distinction applied by the Exchange.</P>
                <HD SOURCE="HD3">MEO Purge Port Fees</HD>
                <P>The Exchange believes that the proposed Purge Port fees do not place certain market participants at a relative disadvantage to other market participants because Purge Ports are completely voluntary as they relate solely to optional risk management functionality. Purge Ports enhance Members' ability to manage orders, which, in turn, improves their risk controls to the benefit of all market participants. Further, the proposed fees apply uniformly to all Members that choose to use the optional Purge Ports and no Market Maker is required or under any regulatory obligation to utilize them. All Members that voluntarily choose to utilize Purge Ports will be charged the same amount based upon the number of matching engines for each set of Purge Ports in use.</P>
                <HD SOURCE="HD3">Limited Service MEO Port Fees</HD>
                <P>The Exchange does not believe its proposed fees for Limited Service MEO Ports will place certain market participants at a relative disadvantage to other market participants. All market participants would be eligible to receive two free Limited Service MEO Ports and those that elect to purchase more would be subject to the same tiered rates. All market participants purchase the amount of Limited Service MEO Ports they require based on their own business decisions and similarly situated firms are subject to the same fees.</P>
                <HD SOURCE="HD3">Full Service MEO Port Fees</HD>
                <P>The Exchange does not believe proposed fees for Full Service MEO Ports will place certain market participants at a relative disadvantage to other market participants because they would apply to all EEMs and Market Makers equally, depending on whether the Member chooses to utilize a single or bulk port. The Exchange believes the proposed fees will not result in any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because, in the Exchange's experience, Market Makers that are frequently in the highest tier for Full Service MEO Ports (Bulk) consume the most bandwidth and resources of the network.</P>
                <P>The Exchange further believes that the proposed fees do not place certain market participants at the Exchange at a relative disadvantage compared to other market participants or affect the ability of such market participants to compete because, for the flat fee in each tier, the Exchange provides each Member two Full Service MEO Ports for each matching engine to which that Member is connected. Further, the Exchange offers a reduced Full Service MEO Port (Bulk) fee for Market Makers that fall within the 3rd and 4th levels of the Full Service MEO Port fee table, which lower monthly fee is designed to provide a lower fixed cost to those Market Makers who are willing to quote the entire Exchange market (or substantial amount of the Exchange market), as objectively measured by either number of classes assigned or national ADV, but who do not otherwise execute a significant amount of volume on the Exchange. The Exchange believes that, by continuing to offer a lower fixed cost to Market Makers that execute less volume, the Exchange will continue to retain and attract smaller-scale Market Makers, which are an integral component of the option industry marketplace, but have been decreasing in number in recent years, due to industry consolidation and lower market maker profitability. Accordingly, the Exchange believes the reduced fee will promote competition by incentivizing these additional Market Makers to register to make markets on the Exchange to increase liquidity.</P>
                <HD SOURCE="HD3">Inter-Market Competition</HD>
                <P>
                    The Exchange does not believe that the proposed changes will result in any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act. In contrast, the Exchange believes that, without the fee changes proposed herein, the Exchange is potentially at a competitive disadvantage to certain other exchanges that have in place comparable or higher fees for similar services, as described above. The Exchange believes that non-transaction fees can be used to foster more competitive transaction pricing and additional infrastructure investment and there are other options markets of which market participants may connect to trade options that charge higher or comparable rates as the Exchange for similar services and products. Accordingly, the Exchange does not 
                    <PRTPAGE P="7600"/>
                    believe its proposed fee changes impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>Written comments were neither solicited nor received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>118</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>119</SU>
                    <FTREF/>
                     thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>118</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>119</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">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-PEARL-2026-06 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-PEARL-2026-06. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">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-PEARL-2026-06 and should be submitted on or before March 11, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>120</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>120</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03133 Filed 2-17-26; 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. 34-104828; File No. SR-BOX-2026-04]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule for Trading on the BOX Options Market LLC Facility Relating to Connectivity Fees</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) under 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 January 30, 2026, BOX Exchange LLC (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 proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) thereunder,
                    <SU>4</SU>
                    <FTREF/>
                     which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange is filing with the Securities and Exchange Commission (“Commission”) a proposed rule change to amend the Fee Schedule relating to connectivity fees for the BOX Options Market LLC (“BOX”) facility. Specifically, the Exchange proposes to amend Section III.A.2. (BOX Connectivity Fees) of the Fee Schedule to amend the fees for its 10 gigabit (“Gb”) Connections. While changes to the fee schedule pursuant to this proposal will be effective upon filing, the changes will become operative on February 2, 2026. The text of the proposed rule change is available from the principal office of the Exchange, and on the Exchange's internet website at 
                    <E T="03">https://rules.boxexchange.com/rulefilings.</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 Exchange proposes to amend the Fee Schedule to increase connectivity fees for 10 Gb Connections. Specifically, the Exchange proposes to increase its fees for connectivity in Section III.A.2 of the Fee Schedule.</P>
                <P>
                    By way of background, a physical connection is utilized by a Participant or non-Participant to connect to BOX at the datacenters where the servers are located. BOX currently assesses the following physical connectivity fees for Participants and non-Participants on a monthly basis: $1,080 per connection for a Non-10 Gb Connection and $5,400 per connection for a 10 Gb Connection. The Exchange proposes to increase the monthly fee for each 10 Gb Connection from $5,400 to $6,000. The Exchange notes the proposed fee change will better enable BOX to continue to maintain and improve its market technology and services. BOX has expended, and will continue to expend, resources to innovate and modernize technology so that it may benefit its Participants and continue to compete among other options markets. BOX regularly invests in efforts to support and optimize the systems to support 
                    <PRTPAGE P="7601"/>
                    system capacity, reliability, and performance.
                </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>5</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>6</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>7</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. The Exchange also believes the proposed rule change is consistent with Section 6(b)(4) 
                    <SU>8</SU>
                    <FTREF/>
                     of the Act, which requires that Exchange rules provide for the equitable allocation of reasonable dues, fees, and other charges among its Participants and other persons using its facilities.
                </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)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed fee is reasonable as it is lower than the amounts assessed by other exchanges for analogous market access connections and which were similarly adopted via the rule filing process and filed with the Commission. For instance, the Exchange notes that Nasdaq PHLX LLC (“PHLX”) currently charges its members a $1,650 installation fee and an ongoing $18,500 monthly fee for its 10Gb Ultra fiber connection.
                    <SU>9</SU>
                    <FTREF/>
                     Similarly, PHLX also charges its members a $1,000 [sic] installation fee and an ongoing monthly fee of $11,000 for its 10Gb fiber connection.
                    <SU>10</SU>
                    <FTREF/>
                     Comparatively, the Exchange's proposed fee of $6,000 is $12,500 less than the ongoing monthly fee PHLX charges its members for its 10Gb ultra fiber connection, and $5,000 less than the ongoing monthly fee for PHLX's 10Gb fiber connection. Moreover, unlike PHLX, the Exchange does not charge its Participants and non-Participants an installation fee for its 10 Gb Connection. Additionally, Cboe Exchange, Inc. (“CBOE”) currently charges its TPHs and non-TPHs an ongoing $8,000 monthly fee for its 10 Gb physical port connection.
                    <SU>11</SU>
                    <FTREF/>
                     Comparatively, the Exchange's proposed fee of $6,000 is $2,000 less than the ongoing monthly fee CBOE charges its TPHs and non-TPHs for its 10 Gb physical port connection.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         PHLX Rules, General 8 (Connectivity). The Exchange notes that a market participant that purchases PHLX's 10 Gb ultra fiber connection can also use such connection to connect to its various affiliated exchanges. PHLX charges such market participant the monthly fee of $18,500 regardless of how many of its affiliated exchanges are accessed through the 10 Gb ultra fiber connection. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104266 (November 25, 2025), 90 FR 55196 (December 1, 2025) (SR-PHLX-2025-60) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Price of a 10Gb Ultra Fiber Connection to the Exchange).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Cboe Options Fee Schedule.
                    </P>
                </FTNT>
                <P>Further, the Exchange believes the proposed fee increase is reasonable in light of BOX's continued expenditure in maintaining a robust technology ecosystem. Furthermore, BOX continues to invest in maintaining and enhancing its connectivity services—for the benefit and often at the behest of its Participants. The goal of these investments, among other things, is to provide faster and more consistent order handling and matching performance for options, while ensuring quicker processing time and supporting increasing volumes. Accordingly, BOX continuously invests in improvements that enhance the value of its connectivity services and will continue to expend resources to innovate and modernize technology so that it may benefit its Participants and non-Participants and continue to compete among other options markets. BOX regularly invests in efforts to support and optimize the systems to support system capacity, reliability, and performance.</P>
                <P>The proposed fee change is an equitable allocation of fees because it reflects the substantial value that the 10 Gb Connection provides to Participants and non-Participants. This connectivity option is particularly attractive to Participants and non-Participants that desire low latency connectivity to BOX because it provides sufficient capacity to support most of their activities on BOX and does so at a reasonable comparative price point.</P>
                <P>The Exchange notes that Participants and non-Participants will continue to choose the method of connectivity based on their specific needs and no broker-dealer is required to become a Participant of, let alone connect directly to, BOX. The proposed fee change is an equitable allocation of fees because it reflects the substantial value that the 10 Gb Connection provides to Participants and non-Participants. This connectivity option is particularly attractive to Participants and non-Participants that desire low latency connectivity to BOX because it provides sufficient capacity to support most of their activities on BOX and does so at a reasonable comparative price point. The proposal is not unfairly discriminatory because 10 Gb Connections will be available to all customers at the same price. Furthermore, a 10 Gb Connection is an optional connectivity product, and Participants and non-Participants are not required to purchase a 10 Gb Connection in order to access BOX. Moreover, direct connectivity is not a requirement to participate on BOX. Participants may choose to connect indirectly to BOX via a third-party reseller of connectivity. This indirect connectivity is a viable alternative for market participants to send orders or consume market data without connecting directly to BOX (and thus not pay the Exchange's connectivity fees), which alternative is already being used by both Participants and non-Participants.</P>
                <P>The Exchange believes that the proposed fee change is equitably allocated and not unfairly discriminatory because the fee increase would be applied uniformly across all market participants that voluntarily subscribe to or purchase connectivity. Finally, the Exchange believes that the proposed fee change is not unfairly discriminatory because the fees would be assessed uniformly across all market participants, that voluntarily purchase connectivity, in the same manner they are today. While the proposed price increase will impact users of the 10 Gb Connection, the Exchange believes this is fair because users of a 10 Gb Connection generally consume more resources from BOX than other participants. The Exchange also notes that BOX's connectivity services remain available for purchase by all market participants.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The proposed fee change will not impact intramarket competition because it will apply to all similarly situated Participants and non-Participants 
                    <PRTPAGE P="7602"/>
                    equally (
                    <E T="03">i.e.,</E>
                     all market participants that choose to purchase a 10 Gb Connection). The Exchange does not believe its proposed pricing will impose a barrier to entry to smaller participants and notes that its proposed connectivity pricing is associated with relative usage of the various market participants. For example, market participants with modest capacity needs or which are less latency sensitive can continue to buy the less expensive Non-10 Gb Connection (which cost is not changing), or they may choose to connect via a third-party vendor. While pricing for the 10 Gb Connection will increase, such option provides for more capacity and is purchased by those that consume more resources from the network. Accordingly, the proposed connectivity fee does not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the allocation reflects the network resources consumed by the various size of market participants—lowest bandwidth consuming members pay the least, and highest bandwidth consuming members pay the most.
                </P>
                <P>
                    The Exchange believes that the proposed fees do not impose a burden on intermarket competition that is not necessary or appropriate. As described above, in establishing its proposed fee change the Exchange compared its proposed fee increase to those of competitor exchanges' analogous offerings. As noted above, PHLX currently charges its members a $1,650 installation fee and an ongoing $18,500 monthly fee for its 10 Gb Ultra fiber connection.
                    <SU>12</SU>
                    <FTREF/>
                     Similarly, PHLX also charges its members a $1,000 installation fee and an ongoing monthly fee of $11,000 for its 10 Gb fiber connection.
                    <SU>13</SU>
                    <FTREF/>
                     Comparatively, the Exchange's proposed fee of $6,000 is $12,500 less than the ongoing monthly fee PHLX charges its members for its 10 Gb Ultra fiber connection, and $5,000 less than the ongoing monthly fee for PHLX's 10Gb fiber connection. Moreover, unlike PHLX, the Exchange does not charge its Participants and non-Participants an installation fee for its 10 Gb Connection. Additionally, CBOE currently charges its TPHs and non-TPHs an ongoing $8,000 monthly fee for its 10 Gb physical port connection.
                    <SU>14</SU>
                    <FTREF/>
                     Comparatively, the Exchange's proposed fee of $6,000 is $2,000 less than the ongoing monthly fee CBOE charges its TPHs and non-TPHs for its 10 Gb physical port connection.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See supra</E>
                         note 9.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See supra</E>
                         note 11.
                    </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>No written comments were either solicited or received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Exchange Act 
                    <SU>15</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) thereunder,
                    <SU>16</SU>
                    <FTREF/>
                     because it establishes or changes a due, or fee.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</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 the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would otherwise further the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.</P>
                <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-BOX-2026-04 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-BOX-2026-04. 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-BOX-2026-04 and should be submitted on or before March 11, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>17</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>17</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03125 Filed 2-17-26; 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. 35951; 812-15977]</DEPDOC>
                <SUBJECT>Harbor Funds, et al.</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of an application under Section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from Section 15(c) of the Act.</P>
                <P>
                    <E T="03">Summary of Application:</E>
                     The requested exemption would permit a Trust's board of trustees to approve new sub-advisory agreements and material amendments to existing sub-advisory agreements without complying with the in-person meeting requirement of Section 15(c) of the Act.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Harbor Funds, Harbor ETF Trust, Harbor Funds II and Harbor Capital Advisors, Inc.
                </P>
                <P>
                    <E T="03">Filing Date:</E>
                     The application was filed on January 23, 2026.
                </P>
                <P>
                    <E T="03">Hearing or Notification of Hearing:</E>
                     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. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern time, on March 9, 2026, 
                    <PRTPAGE P="7603"/>
                    and should be accompanied by proof of service on the Applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary.
                </P>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Diana P. Podgorny, Esq., Harbor Capital Advisors, Inc., 
                        <E T="03">diana.podgorny@harborcapital.com,</E>
                         with a copy to: Stephanie A. Capistron, Esq., Dechert LLP, 
                        <E T="03">stephanie.capistron@dechert.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Trace W. Rakestraw, Senior Special Counsel, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' application, dated January 23, 2026, 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/search-filings.</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. 2026-03121 Filed 2-17-26; 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. 34-104832; File No. SR-NYSEARCA-2026-16]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Equities Fees and Charges</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on February 6, 2026, 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 Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange proposes to amend the NYSE Arca Equities Fees and Charges (“Fee Schedule”) to conform with an amendment to Rule 610 of Regulation NMS recently approved by the Securities and Exchange Commission (“SEC” or the “Commission”).
                    <SU>3</SU>
                    <FTREF/>
                     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>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 101070 (September 18, 2024), 89 FR 81620 (October 8, 2024) (S7-30-22).
                    </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 self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend the Fee Schedule to conform with an amendment to Rule 610 of Regulation NMS (“Reg NMS”) recently approved by the Commission. The Exchange proposes to implement the fee change effective February 6, 2026.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Exchange originally filed to amend the Fee Schedule on January 29, 2026 (SR-NYSEARCA-2026-08). SR-NYSEARCA-2026-08 was withdrawn on February 6, 2026, and replaced by this filing.
                    </P>
                </FTNT>
                <P>
                    In 2022, the Commission proposed to amend certain rules under Reg NMS after taking into account the availability of “[n]ew data processing and communications techniques [that] create the opportunity for more efficient and effective market operations” 
                    <SU>5</SU>
                    <FTREF/>
                     and that is in the public interest, appropriate for investor protection and the maintenance of fair and orderly markets to assure “economically efficient execution of securities transactions,” “fair competition among brokers and dealers, among exchange markets,” and “the practicality of brokers executing investors' orders in the best market.” 
                    <SU>6</SU>
                    <FTREF/>
                     These changes included an amendment to Rule 610 of Reg NMS that prohibits a national securities exchange from imposing, or permitting to be imposed, any fee, or providing, or permitting to be provided, any rebate or other renumeration for the execution of an order in an NMS stock unless such fee, rebate, or other renumeration can be determined at the time of execution.
                    <SU>7</SU>
                    <FTREF/>
                     As amended, Rule 610 of Reg NMS provides that any national securities exchange that imposes a fee or provides a rebate that is based on a certain volume threshold, or establishes tier requirements or tiered rates based on minimum volume thresholds, would be required to set such volume thresholds or tiers using volume achieved during a stated period prior to the assessment of the fee or rebate.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C.78k-1(a)(1)(B).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         15 U.S.C. 78k-1(a)(1)(c)(i), (ii), and (iv).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Release No. 101070, 89 FR at 81680.
                    </P>
                </FTNT>
                <P>
                    These amendments to Rule 610 of Reg NMS were to become effective on November 3, 2025, the first business day of November 2025. On October 31, 2025, the Commission provided temporary exemptive relief to the exchanges to adjust their fee schedules to comply with the requirements of Rule 610 that exchange fees be determinable at the time of execution until the first business day of February 2026.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104172 (October 31, 2025), 90 FR 51418 (November 17, 2025) (Order Granting Temporary Exemptive Relief, Pursuant to Section 36(a)(1) of the Securities Exchange Act of 1934 and Rules 610(f) and 612(d) of Regulation NMS, From Compliance With Rule 600(b)(89)(i)(F), Rule 610(c), Rule 610(d) and Rule 612 of Regulation NMS, as Amended). The lapse in appropriations began on October 1, 2025, and ended on November 12, 2025.
                    </P>
                </FTNT>
                <P>
                    In anticipation of the upcoming compliance date, the Exchange proposes several amendments to its Fee Schedule in order to conform to Rule 610 of Reg NMS, as follows. First, the Exchange proposes to adopt new rule text on the Fee Schedule under the section titled “NYSE ARCA MARKETPLACE: TRADE RELATED FEES AND CREDITS.” More specifically, the Exchange proposes to adopt the following new text under Section II titled “General,” Section VII titled “Tier Rates—Round Lots and Odd Lots (Per Share Price $1.00 or Above),” and Section VIII titled “Tier Rates—
                    <PRTPAGE P="7604"/>
                    Round Lots and Odd Lots (Per Share Price Below $1.00)”:
                </P>
                <P>• Unless noted otherwise, all tier calculations to determine fees and credits in a billing month are based on the ETP Holder's trading activity in the prior billing month.</P>
                <P>
                    Additionally, the Fee Schedule, under the section titled “NYSE ARCA MARKETPLACE: MARKET MAKER FEES AND CREDITS,” provides Lead Market Makers (“LMMs”) on the Exchange with certain transaction fees and credits for Round Lots in securities with a per share price $1.00 or Above. For purposes of LMM Transaction Fees and Credits under this section of the Fee Schedule, the Exchange has adopted a definition for the terms “CADV” and “ETP Price.” On the Fee Schedule, “CADV” means the consolidated average daily volume in a security in the prior month. With this proposed rule change, and to conform to Rule 610 of Reg NMS, the Exchange proposes to revise the term “CADV” to mean the consolidated average daily volume in a security in the 
                    <E T="03">second</E>
                     prior month, and not the prior month. Further, on the Fee Schedule, “ETP Price” means the average Official Closing Price in that ETP in the prior month. With this proposed rule change, and to conform to Rule 610 of Reg NMS, the Exchange proposes to revise the term “ETP Price” to mean the average Official Closing Price in that ETP in the 
                    <E T="03">second</E>
                     prior month, and not the prior month. Additionally, Section III titled “LMM Performance Metrics-based Incremental Base Credit Adjustments” provides for a base credit earned by a LMM for adding liquidity based on the LMM meeting certain performance metrics in the billing month in each ETP assigned to the LMM. To conform to Rule 610 of Reg NMS, the Exchange proposes to amend the Fee Schedule such that the base credit earned by a LMM for adding liquidity would be based on the LMM meeting the performance metrics in the 
                    <E T="03">prior</E>
                     month, and not the billing month, for each assigned ETP.
                </P>
                <P>Lastly, Section IV titled “Additional Tape B Credits for LMMs and Market Makers” under “NYSE ARCA MARKETPLACE: MARKET MAKER FEES AND CREDITS” provides tiered credits that LMMs and Market Makers can earn based on the number of Less Active ETPs per LMM/Market Maker in which such LMM/Market Maker is registered. The Exchange proposes to amend this part of the Fee Schedule to conform to Rule 610 of Reg NMS by adopting new rule text following the tiered table in Section IV titled “Additional Tape B Credits for LMMs and Market Makers,” as follows:</P>
                <P>• All tier calculations to determine fees and credits in a billing month are based on the ETP Holder's trading activity in the prior billing month, unless noted otherwise.</P>
                <P>As noted above, the changes proposed herein are intended to conform to Rule 610 of Reg NMS to enable market participants to determine what fee or rebate level would be applicable to any submitted order at the time of execution. The Exchange does not propose any other changes to the Fee Schedule.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,
                    <SU>9</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Sections 6(b)(4) and (5) of the Act,
                    <SU>10</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>9</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78f(b)(4) and (5).
                    </P>
                </FTNT>
                <P>The Exchange proposes to amend its Fee Schedule to conform with an amendment to Rule 610 of Reg NMS. The changes proposed herein are solely to conform the Exchange's Fee Schedule to amended Rule 610 of Reg NMS. These changes are intended to enable market participants to determine what fee or rebate level would be applicable to any submitted order at the time of execution. The changes proposed herein are thus designed to enable market participants to determine what fee or rebate level would be applicable to any submitted order at the time of execution as required by the Act. The proposed rule change would provide clarity to market participants, including investors, to determine what fee or rebate level would be applicable to any submitted order at the time of execution and therefore remove impediments to and perfect the mechanism of a free and open market and a national market system by ensuring that the Exchange's Fee Schedule properly reflect the requirements of Rule 610 of Reg NMS. The Exchange also believes that the proposed rule change would remove impediments to and perfects the mechanism of a free and open market by ensuring that market participants and the investing public can more easily navigate and understand the Exchange's Fee Schedule. The proposed rule change would not be inconsistent with the public interest and the protection of investors because investors will not be harmed and in fact would benefit from the increased transparency and clarity, thereby reducing potential confusion. Finally, by providing greater determinism to the Exchange's Fee Schedule consistent with Rule 610(d) of Reg NMS, the Exchange believes that the proposed fee change is therefore reasonable. Moreover, since the proposed changes would apply equally to all ETP Holders on an equal and non-discriminatory basis, the Exchange further believes that the proposal equitably allocates fees and credits among market participants and is not unfairly discriminatory.</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 changes will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
                <P>The Exchange believes the proposed rule change does not impose any burden on intramarket or intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change to amend the Exchange's Fee Schedule to conform to a recent amendment to Rule 610 of Reg NMS is not intended to address competitive issues but rather is concerned solely with ensuring that the Exchange's Fee Schedule properly reflects the requirements of Rule 610 of Reg NMS.</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>11</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) thereunder 
                    <SU>12</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 
                    <PRTPAGE P="7605"/>
                    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>11</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</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-2026-16 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-2026-16. 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-2026-16 and should be submitted on or before March 11, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>13</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03129 Filed 2-17-26; 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. 34-104838; File No. SR-EMERALD-2026-05]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX Emerald Options Exchange Fee Schedule To Amend Non-Transaction Fees</SUBJECT>
                <DATE>February 12, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act” or “Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on January 30, 2026, MIAX Emerald, LLC (“MIAX Emerald” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend the MIAX Emerald Options Exchange Fee Schedule (the “Fee Schedule”) to update various non-transaction fees that have not been changed in a number of years to be comparable to fees charged by other like exchanges for similar products.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/miax-options/rule-filings,</E>
                     and at the Exchange's principal office.
                </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 first launched operations in March 2019 to attract order flow and encourage market participants to experience the high determinism and resiliency of the Exchange's trading Systems.
                    <SU>3</SU>
                    <FTREF/>
                     To do so, the Exchange took a pragmatic and thoughtful approach to each fee proposal to encourage and increase participation in its marketplace while being mindful of fee levels charged by other exchanges for similar products and services. The Exchange now proposes to amend various fees for non-transaction related services to be in line with those of other exchanges and enable it to continue to effectively compete with other exchanges who charge higher non-transaction fees and generate greater revenue. This proposal simply seeks to increase certain fees to reflect current market rates. The Exchange notes that significant portion of the fees for non-transaction related services that are the subject of this filing have not been increased since October 2020.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The term “System” means the automated trading system used by the Exchange for the trading of securities. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <P>
                    Specifically, the Exchange proposes to amend the Fee Schedule to amend the following non-transaction fees: (1) monthly Trading Permit 
                    <SU>4</SU>
                    <FTREF/>
                     fees applicable to Electronic Exchange Members (“EEMs”) 
                    <SU>5</SU>
                    <FTREF/>
                     and Market Makers; 
                    <SU>6</SU>
                    <FTREF/>
                     (2) connectivity fees to the primary/secondary facility and disaster recovery facility for Members 
                    <SU>7</SU>
                    <FTREF/>
                     and non-
                    <PRTPAGE P="7606"/>
                    Members; and (3) FIX,
                    <SU>8</SU>
                    <FTREF/>
                     MEI,
                    <SU>9</SU>
                    <FTREF/>
                     Purge,
                    <SU>10</SU>
                    <FTREF/>
                     CTD 
                    <SU>11</SU>
                    <FTREF/>
                     and FXD 
                    <SU>12</SU>
                    <FTREF/>
                     Port fees.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The term “Trading Permit” means a permit issued by the Exchange that confers the ability to transact on the Exchange. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The term “Electronic Exchange Member” or “EEM” means the holder of a Trading Permit who is not a Market Maker. Electronic Exchange Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         The term “Market Makers” refers to “Lead Market Makers”, “Primary Lead Market Makers” and “Registered Market Makers” collectively. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The term “Member” means an individual or organization approved to exercise the trading rights associated with a Trading Permit. Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         “FIX Port” means an interface with MIAX Emerald systems that enables the Port user to submit simple and complex orders electronically to MIAX Emerald. 
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         MIAX Emerald Express Interface (“MEI”) is a connection to the MIAX Emerald System that enables Market Makers to submit simple and complex electronic quotes to MIAX Emerald. “Full Service MEI Ports” means a port which provides Market Makers with the ability to send Market Maker simple and complex quotes, eQuotes, and quote purge messages to the MIAX Emerald System. Full Service MEI Ports are also capable of receiving administrative information. Market Makers are limited to two Full Service MEI Ports per Matching Engine. “Limited Service MEI Ports” means a port which provides Market Makers with the ability to send simple and complex eQuotes and quote purge messages only, but not Market Maker Quotes, to the MIAX Emerald System. Limited Service MEI Ports are also capable of receiving administrative information. Market Makers initially receive four Limited Service MEI Ports per Matching Engine. 
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         “Purge Ports” provide Market Makers with the ability to send quote purge messages to the MIAX Emerald System. Purge Ports are not capable of sending or receiving any other type of messages or information. 
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         “CTD Port” or “Clearing Trade Drop Port” provides an Exchange Member with a real-time clearing trade updates. The updates include the Member's clearing trade messages on a low latency, real-time basis. The trade messages are routed to a Member's connection containing certain information. The information includes, among other things, the following: (i) trade date and time; (ii) symbol information; (iii) trade price/size information; (iv) Member type (for example, and without limitation, Market Maker, Electronic Exchange Member, Broker-Dealer); and (v) Exchange MPID for each side of the transaction, including Clearing Member MPID. 
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         The FIX Drop Copy (“FXD”) Port is a messaging interface that will provide a copy of real-time trade execution, trade correction and trade cancellation information to FXD Port users who subscribe to the service. FXD Port users are those users who are designated by an EEM to receive the information and the information is restricted for use by the EEM. FXD Port Fees will be assessed in any month the Member is credentialed to use the FXD Port in the production environment. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)iv).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Monthly Trading Permit Fees</HD>
                <P>The Exchange proposes to amend the Fee Schedule to amend the amount of the monthly Trading Permit fees assessed to EEMs and Market Makers.</P>
                <HD SOURCE="HD3">EEMs</HD>
                <P>
                    The Exchange notes that Trading Permit fees for EEMs have not been amended since October 2020.
                    <SU>13</SU>
                    <FTREF/>
                     The Exchange assesses a flat monthly fee of $1,500 per Trading Permit to each EEM. The Exchange now proposes to increase the monthly Trading Permit fee assessed to EEMs from $1,500 to $2,000.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 90196 (October 15, 2020), 85 FR 67064 (October 21, 2020) (SR-EMERALD-2020-11) 
                        <E T="03">and</E>
                         91033 (February 1, 2021), 86 FR 8455 (February 5, 2021) (SR-EMERALD-2021-03).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Market Makers</HD>
                <P>
                    The monthly Trading Permit fees for Market Makers have not been amended since October 2020.
                    <SU>14</SU>
                    <FTREF/>
                     Currently, the Exchange assesses monthly Trading Permit fees to Market Makers based on the lesser of either the per class basis or percentage of total national average daily volume (“ADV”) measurements. The amount of the monthly Trading Permit fee is based upon the number of classes in which the Market Maker was assigned to quote on any given day within the calendar month, or upon class volume percentages. The Exchange will assess Market Makers the monthly Trading Permit fee based on the greatest number of classes listed on MIAX Emerald that the Market Maker was assigned to quote in on any given day within a calendar month.
                    <SU>15</SU>
                    <FTREF/>
                     The class volume percentage is based on the total national ADV in classes listed on MIAX Emerald in the prior calendar quarter. Newly listed option classes are excluded from the calculation of the monthly Trading Permit fee until the calendar quarter following their listing, at which time the newly listed option classes will be included in both the per class count and the percentage of total national average daily volume.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 90196 (October 15, 2020), 85 FR 67064 (October 21, 2020) (SR-EMERALD-2020-11) 
                        <E T="03">and</E>
                         91033 (February 1, 2021), 86 FR 8455 (February 5, 2021) (SR-EMERALD-2021-03).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         Pursuant to Exchange Rule 602(a), the Board or a committee designated by the Board shall appoint Market Makers to one or more classes of option contracts traded on the Exchange based on several factors described in the Rule in the best interest of the Exchange to provide competitive markets.
                    </P>
                </FTNT>
                <P>Currently, the Exchange assess the following Trading Permit fees to Market Makers:</P>
                <P>• $7,000 for Market Maker registrations in up to 10 option classes or up to 20% of option classes by national ADV;</P>
                <P>• $12,000 for Market Maker registrations in up to 40 option classes or up to 35% of option classes by ADV;</P>
                <P>• $17,000 for Market Maker registrations in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $22,000 for Market Maker registrations in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX Emerald.</P>
                <P>The Exchange also assesses an alternative lower Trading Permit fee to Market Makers who fall within the 3rd and 4th levels of the Market Maker Trading Permit fee table, which levels are described immediately above if certain volume thresholds are met. This alternative lower Trading Permit fee for Market Makers is set forth in footnote “▪” that is included in the Market Maker Trading Permit fee table and provides that if the Market Maker's total monthly executed volume during the relevant month is less than 0.025% of the total monthly executed volume reported by OCC in the customer account type for MIAX Emerald-listed option classes for that month, then the fee will be $15,500 instead of the fee otherwise applicable to such level.</P>
                <P>The Exchange now proposes to increase the Trading Permit fees assessed to Market Makers, which, as described above, were last amended in October 2020. In particular, the Exchange proposes to assess the following Trading Permit fees to Market Makers:</P>
                <P>• $8,000 for Market Maker registrations in up to 10 option classes or up to 20% of option classes by national ADV;</P>
                <P>• $14,000 for Market Maker registrations in up to 40 option classes or up to 35% of option classes by ADV;</P>
                <P>• $20,000 for Market Maker registrations in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $26,000 for Market Maker registrations in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX Emerald.</P>
                <P>The Exchange also proposes to decrease the alternative lower Trading Permit fee to Market Makers who fall within the 3rd and 4th levels of the Market Maker Trading Permit fee table if certain volume thresholds are met from $15,500 to $14,000 per month by amending the footnote “▪” following the Market Maker Trading Permit fee table for these monthly Trading Permit tier levels.</P>
                <HD SOURCE="HD3">System Connectivity Fees</HD>
                <HD SOURCE="HD3">1Gb and 10Gb Network Connectivity Fees</HD>
                <P>
                    Next, the Exchange proposes to amend the Fee Schedule to increase connectivity fees to the primary/secondary and disaster recovery facilities for Members and non-Members. Currently, the Exchange assesses the same amount of connectivity fees to Members and non-Members that connect to the Exchange's primary/secondary facility and disaster recovery facility. In particular, the Exchange assesses the following connectivity fees to Members and non-Members:
                    <PRTPAGE P="7607"/>
                </P>
                <P>• $1,400 per 1 gigabit (“Gb”) connection to the primary/secondary facility;</P>
                <P>• $550 per 1Gb connection to the disaster recovery facility;</P>
                <P>• $2,750 per 10Gb connection to the disaster recovery facility; and</P>
                <P>• $13,500 per 10Gb ultra-low latency (“ULL”) connection to the primary/secondary facility.</P>
                <P>
                    The Exchange notes that the above fees for 1Gb connectivity and 10Gb to the disaster recovery facility, and 1Gb connectivity to the primary/secondary facilities, have not been increased since December 2019.
                    <SU>16</SU>
                    <FTREF/>
                     The fee for 10Gb ULL connectivity was last increased in January 2023.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 87877 (December 31, 2019), 85 FR 738 (January 7, 2020) (SR-EMERALD-2019-39).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 96628 (January 10, 2023), 88 FR 2651 (January 17, 2023) (SR-EMERALD-2023-01) 
                        <E T="03">and</E>
                         99824 (March 21, 2024), 89 FR 21379 (March 27, 2024) (SR-EMERALD-2024-12) (noting that while the proposed fee changes subject to this filing were immediately effective, the proposed fee changes had been effective since January 1, 2023 pursuant to the Exchange's initially filed proposal on December 30, 2022 (
                        <E T="03">i.e.,</E>
                         SR-EMERALD-2022-38, which was withdrawn without being noticed to make a minor technical correction and refiled immediately as SR-EMERALD-2023-01)).
                    </P>
                </FTNT>
                <P>The Exchange now propose to amend Sections 5)a)-b) of the Fee Schedule to increase connectivity fees for Members and non-Members. In particular, the Exchange proposes to assess the following connectivity fees to Members and non-Members:</P>
                <P>• $1,500 per 1Gb connection to the primary/secondary facility;</P>
                <P>• $650 per 1Gb connection to the disaster recovery facility;</P>
                <P>• $3,500 per 10Gb connection to the disaster recovery facility; and</P>
                <P>• $15,000 per 10Gb ULL connection to the primary/secondary facility.</P>
                <HD SOURCE="HD3">Port Fees</HD>
                <P>The Exchange proposes to amend the fees for FIX Ports, Full Service MEI Ports, Limited Service MEI Ports, Purge Ports, CTD Ports and FXD Ports. Some of these fees have not been increased since they were first adopted in 2020. Each port provides access to the Exchange's primary and secondary data centers as well as its disaster recovery center for a single fee.</P>
                <HD SOURCE="HD3">FIX Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for FIX Ports, which have not been increased since October 2020.
                    <SU>18</SU>
                    <FTREF/>
                     A FIX Port allows Members to submit simple and complex orders electronically to MIAX Emerald.
                    <SU>19</SU>
                    <FTREF/>
                     The Exchange currently assesses the following monthly FIX Port fees:
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 90184 (October 14, 2020), 85 FR 66636 (October 20, 2020) (SR-EMERALD-2020-12) 
                        <E T="03">and</E>
                         91460 (April 2, 2021), 86 FR 18349 (April 8, 2021) (SR-EMERALD-2021-11).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See supra</E>
                         note 8.
                    </P>
                </FTNT>
                <P>• $550 for the first FIX Port;</P>
                <P>• $350 per port for the second to fifth FIX Ports; and</P>
                <P>• $150 per port for the sixth or more FIX Ports.</P>
                <P>The Exchange proposes to increase monthly FIX Port fees as follows:</P>
                <P>• $650 for the first FIX Port;</P>
                <P>• $400 per port for the second to fifth FIX Ports; and</P>
                <P>• $175 per port for the sixth or more FIX Ports.</P>
                <HD SOURCE="HD3">Full Service MEI Ports</HD>
                <P>
                    The Exchange proposes to amend the Full Service MEI Port fees for Market Makers, which have not been increased since October 2020.
                    <SU>20</SU>
                    <FTREF/>
                     Full Service MEI Ports provide Market Makers with the ability to send Market Maker simple and complex quotes, eQuotes, and quote purge messages to the MIAX Emerald System. Full Service MEI Ports are also capable of receiving administrative information.
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 90184 (October 14, 2020), 85 FR 66636 (October 20, 2020) (SR-EMERALD-2020-12) 
                        <E T="03">and</E>
                         91460 (April 2, 2021), 86 FR 18349 (April 8, 2021) (SR-EMERALD-2021-11).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See supra</E>
                         note 9.
                    </P>
                </FTNT>
                <P>The Exchange assesses the amount of the monthly Full Service MEI Port fees for Market Makers based on the lesser of either the per class basis or percentage of total national ADV measurements. The amount of the monthly Full Service MEI Port fee is based upon the number of classes in which the Market Maker was assigned to quote on any given day within the calendar month, or upon class volume percentages. The Exchange assesses Market Makers the monthly Full Service MEI Port fee based on the greatest number of classes listed on MIAX Emerald that the Market Maker was assigned to quote in on any given day within a calendar month. The class volume percentage is based on the total national ADV in classes listed on MIAX Emerald in the prior calendar quarter. Newly listed option classes are excluded from the calculation of the monthly Full Service MEI Port fee until the calendar quarter following their listing, at which time the newly listed option classes will be included in both the per class count and the percentage of total national average daily volume. Specifically, the Exchange assesses the following Full Service MEI Port fees to Market Makers:</P>
                <P>• $5,000 for Market Maker assignments in up to 5 option classes or up to 10% of option classes by national ADV;</P>
                <P>• $10,000 for Market Maker assignments in up to 10 option classes or up to 20% of option classes by ADV;</P>
                <P>• $14,000 for Market Maker assignments in up to 40 option classes or up to 35% of option classes by national ADV;</P>
                <P>• $17,500 for Market Maker assignments in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $20,500 for Market Maker assignments in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX Emerald.</P>
                <P>The Exchange also provides an alternative lower Full Service MEI Port fee for Market Makers who fall within the 4th and 5th levels of the Market Maker Full Service MEI Port fee table, which levels are described directly above if certain volume thresholds are met. This alternative lower Full Service MEI Port fee for Market Makers is set forth in footnote “▪” in the Market Maker Full Service MEI Port fee table and provides that if the Market Maker's total monthly executed volume during the relevant month is less than 0.025% of the total monthly executed volume reported by OCC in the customer account type for MIAX Emerald-listed option classes for that month, then the fee will be $14,500 instead of the fee otherwise applicable to such level.</P>
                <P>The Exchange now proposes to increase the Full Service MEI Port fees assessed to Market Makers as follows:</P>
                <P>• $6,000 for Market Maker assignments in up to 5 option classes or up to 10% of option classes by national ADV;</P>
                <P>• $12,000 for Market Maker assignments in up to 10 option classes or up to 20% of option classes by ADV;</P>
                <P>• $16,500 for Market Maker assignments in up to 40 option classes or up to 35% of option classes by national ADV;</P>
                <P>• $20,500 for Market Maker assignments in up to 100 option classes or up to 50% of option classes by ADV; and</P>
                <P>• $24,000 for Market Maker assignments in over 100 option classes or over 50% of option classes by ADV up to all option classes listed on MIAX Emerald.</P>
                <P>
                    The Exchange also proposes to decrease the alternative lower Full Service MEI Port fee for Market Makers who fall within the 3rd, 4th and 5th levels of the proposed Market Maker Full Service MEI Port fee table if certain volume thresholds are met from $14,500 to $12,000 per month by amending 
                    <PRTPAGE P="7608"/>
                    footnote “▪” following the Market Maker Full Service MEI Port fee table.
                </P>
                <HD SOURCE="HD3">Limited Service MEI Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for Limited Service MEI Ports, which provide Market Makers with the ability to send simple and complex eQuotes and quote purge messages only, but not Market Maker Quotes, to the MIAX Emerald System. Limited Service MEI Ports are also capable of receiving administrative information. Market Makers currently receive four free Limited Service MEI Ports per matching engine.
                    <SU>22</SU>
                    <FTREF/>
                     Currently, Market Makers may request additional Limited Service MEI Ports for which MIAX will assess Market Makers $420 per month per additional Limited Service MEI Port for each matching engine. The Exchange proposes to increase the fee for each additional Limited Service MEI Port from $420 to $450 per month per additional Limited Service MEI Port for each matching engine.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">See supra</E>
                         note 9.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Purge Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for Purge Ports, which provide Market Makers with the ability to send quote purge messages to the MIAX Emerald System. Purge Ports are not capable of sending or receiving any other type of messages or information.
                    <SU>23</SU>
                    <FTREF/>
                     The Exchange proposes to increase the monthly Purge Port fee from $600 per matching engine to $700 per matching engine.
                    <SU>24</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See supra</E>
                         note 10.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         A Market Maker may request and be allocated two (2) Purge Ports per matching engine to which it connects and will be charged the monthly fee per Matching Engine. 
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)ii).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">CTD Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for CTD Ports, which have not been increased since October 2020.
                    <SU>25</SU>
                    <FTREF/>
                     CTD Ports provide an Exchange Member with a real-time clearing trade updates, including, among other things, the following: (i) trade date and time; (ii) symbol information; (iii) trade price/size information; (iv) Member type (for example, and without limitation, Market Maker, Electronic Exchange Member, Broker-Dealer); and (v) Exchange MPID for each side of the transaction, including Clearing Member MPID. The Exchange now proposes to increase the monthly fee per CTD Port from $450 to $525.
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 90184 (October 14, 2020), 85 FR 66636 (October 20, 2020) (SR-EMERALD-2020-12) 
                        <E T="03">and</E>
                         91460 (April 2, 2021), 86 FR 18349 (April 8, 2021) (SR-EMERALD-2021-11).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">FXD Ports</HD>
                <P>
                    The Exchange proposes to amend the fees for FXD Ports, which have not been increased since October 2020.
                    <SU>26</SU>
                    <FTREF/>
                     A FXD Port means a messaging interface that will provide a copy of real-time trade execution, trade correction and trade cancellation information for simple and complex orders to FIX Drop Copy Port users who subscribe to the service. FXD Port Fees will be assessed in any month the Member is credentialed to use the FXD Port in the production environment. The Exchange now proposes to increase the monthly fee per FXD Port from $500 to $600.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 90184 (October 14, 2020), 85 FR 66636 (October 20, 2020) (SR-EMERALD-2020-12) 
                        <E T="03">and</E>
                         91460 (April 2, 2021), 86 FR 18349 (April 8, 2021) (SR-EMERALD-2021-11).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Implementation</HD>
                <P>
                    The Exchange issued an alert publicly announcing the proposed fees on October 14, 2025 and a reminder alert on December 19, 2025.
                    <SU>27</SU>
                    <FTREF/>
                     The fees subject to this proposal are immediately effective.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">See</E>
                         Fee Change Alert, MIAX Options, Pearl Options and Emerald Options—January 1, 2026 Non-Transaction Fee Changes (dated October 14, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/alert/2025/10/14/miax-options-pearl-options-and-emerald-options-exchanges-january-1-2026-non-1?nav=all and</E>
                         Fee Change Alert, MIAX Options, Pearl Options and Emerald Options Exchanges—Reminder: January 1, 2026 Non-Transaction Fee Changes (dated December 19, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/alert/2025/12/19/miax-options-pearl-options-and-emerald-options-exchanges-reminder-january-1-1?nav=all.</E>
                    </P>
                </FTNT>
                <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>28</SU>
                    <FTREF/>
                     of the Act in general, and furthers the objectives of Section 6(b)(4) 
                    <SU>29</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. Additionally, the Exchange believes that the proposed fees are consistent with the objectives of Section 6(b)(5) 
                    <SU>30</SU>
                    <FTREF/>
                     of the Act in that they are designed 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 a free and open market and national market system, and, in general, to protect investors and the public interest, and, particularly, are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">The Proposed Fees Are Reasonable and Comparable to the Fees Charged by Other Exchanges for Similar Products and Services</HD>
                <P>
                    <E T="03">Overall.</E>
                     The proposed fees are comparable to those of other options exchanges. The Exchange compared the fees proposed herein to the fees charged by other options exchanges for similar products or services. A more detailed discussion of the comparison follows 
                    <SU>31</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         The fee amounts listed in each table provided in the Statutory Basis section of this filing that pertain to the Exchange are the proposed new rates for each product or service.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">EEM Trading Permit Fees</HD>
                <P>
                    The proposed Trading Permit fee for EEMs are lower than the trading permit fee charged by Cboe Exchange, Inc. (“Cboe”), as summarized in the table below.
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         Cboe Fee Schedule, Electronic Trading Permit Fees section, page 6, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf.</E>
                         The Exchange notes that Cboe differentiates between electronic access permits for clearing firms and electronic exchange member firms and charges a trading permit fee of $2,000 per month for Clearing TPH Permits, which is the same rate for a Trading Permit as proposed by the Exchange for EEMs that act as Clearing Members. 
                        <E T="03">See id.</E>
                         The term “Clearing Member” means a Member that has been admitted to membership in the Clearing Corporation pursuant to the provisions of the rules of the Clearing Corporation. 
                        <E T="03">See</E>
                         Exchange Rule 100. The term “Clearing Corporation” means The Options Clearing Corporation (“OCC”). 
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,p7,7/8,i1" CDEF="s100,r100,12">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">Monthly fee</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>EEM Trading Permit</ENT>
                        <ENT>$2,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Electronic Access Permit</ENT>
                        <ENT>3,000</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe Fee Schedule, Electronic Trading Permit Fees section, page 6, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe.</E>
                     Cboe charges higher trading permit fees than the Trading Permit fees proposed by the Exchange for EEMs. Cboe's Electronic Access Permit is analogous to the Exchange's Trading Permits for EEMs. In general, a Trading 
                    <PRTPAGE P="7609"/>
                    Permit is a permit issued by the Exchange that confers the ability to transact on the Exchange.
                    <SU>32</SU>
                     EEMs are assessed the monthly Trading Permit fee in order to transact on the Exchange on behalf of their customers or to conduct proprietary trading. Likewise, Cboe's Electronic Access Permits entitle the holder to access Cboe.
                    <SU>33</SU>
                     Like Trading Permit Holders on the Exchange, Electronic Access Permit holders must be broker-dealers registered with Cboe and are allowed transact on Cboe.
                    <SU>34</SU>
                    <FTREF/>
                     Cboe charges a higher trading permit fee for Electronic Access Permits than the Trading Permit fee proposed by the Exchange for EEMs. Cboe charges a flat $3,000 per Electronic Access Permit per month, while the Exchange proposes to charge a flat $2,000 per EEM Trading Permit per month, lower than Cboe's flat $3,000 fee.
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         Cboe Rulebook, Chapter 3, Rules 3.2-3.3.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Market Maker Trading Permit Fees</HD>
                <P>
                    The Exchange believes the proposed Trading Permit 
                    <SU>35</SU>
                    <FTREF/>
                     fees for Market Makers are similar to the Trading Permit fees charged by NYSE American LLC (“NYSE American”), as summarized in the table below.
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         Similar to NYSE American, the Exchange assesses the monthly Trading Permit fee on a per-Member basis, not to each individual person within the Member.
                    </P>
                </FTNT>
                <GPOTABLE COLS="5" OPTS="L2,nj,tp0,p1,8/9,i1" CDEF="s50,r50,10,r50,r75">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25">Exchange</ENT>
                        <ENT>Type of product/service</ENT>
                        <ENT A="02">Monthly fee</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>Market Maker Trading Permit</ENT>
                        <ENT>$8,000</ENT>
                        <ENT>Up to 10 Classes</ENT>
                        <ENT>Up to 20% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>14,000</ENT>
                        <ENT>Up to 40 Classes</ENT>
                        <ENT>Up to 35% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>20,000</ENT>
                        <ENT>Up to 100 Classes</ENT>
                        <ENT>Up to 50% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>26,000</ENT>
                        <ENT>Over 100 Classes</ENT>
                        <ENT>Over 50% of Classes by volume up to all Classes on MIAX Options (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            NYSE American 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Options Market Maker ATPs</ENT>
                        <ENT>$8,000</ENT>
                        <ENT A="L01">1st ATP: 60 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>6,000</ENT>
                        <ENT A="L01">2nd ATP: 150 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>5,000</ENT>
                        <ENT A="L01">3rd ATP: 500 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>4,000</ENT>
                        <ENT A="L01">4th ATP: 1,100 issues plus bottom 45%.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>3,000</ENT>
                        <ENT A="L01">5th ATP: all issues traded.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>2,000</ENT>
                        <ENT A="L01">6th to 9th ATP: all issues traded.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>500</ENT>
                        <ENT A="L01">10th or more ATPs: all issues traded.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.A., 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">NYSE American.</E>
                     NYSE American charges similar trading permit fees for its market makers as the Trading Permit fees proposed by the Exchange for its Market Makers. In general, a Trading Permit is a permit issued by the Exchange that confers the ability to transact on the Exchange.
                    <SU>36</SU>
                    <FTREF/>
                     Each registered Market Maker is assessed a monthly Trading Permit fee in order to appoint a qualified person (or persons) to act as a Registered Option Trader (“ROT”) 
                    <SU>37</SU>
                    <FTREF/>
                     pursuant to the Exchange's Rules and fulfill the Market Maker's obligations to act as a specialist on the Exchange.
                    <SU>38</SU>
                    <FTREF/>
                     The Exchange assesses Trading Permit fees based on the lesser of either the per class basis or percentage of total national average daily volume measurement. A “class” of options means all option contracts covering the same underlying security.
                    <SU>39</SU>
                    <FTREF/>
                     NYSE American's market maker ATP 
                    <SU>40</SU>
                    <FTREF/>
                     fee is analogous to the Exchange's Trading Permit fees for Market Makers, which is a monthly fee in order to transact on NYSE American for the purpose of making markets in options contracts.
                    <SU>41</SU>
                    <FTREF/>
                     NYSE American assesses its ATP fees based on the number of issues 
                    <SU>42</SU>
                    <FTREF/>
                     in their appointment. The Exchange and NYSE American provide for different numbers of option classes included in each tier of their respective
                    <FTREF/>
                     trading permit fee structures due to their own business and competitive reasons. The Exchange provides fewer options class assignments for each
                    <FTREF/>
                     Trading Permit tier because it believes this structure best represents the Market Makers that trade on the Exchange. NYSE American, on the other hand, provides significantly more “issues” or options classes in each ATP tier in order to “properly [incentivize] Market Makers to quote in a broad range of options, including less liquid and active names . . .” 
                    <SU>43</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         An ROT is permitted to enter quotes and orders only for the account of the Market Maker with which he is associated. 
                        <E T="03">See</E>
                         Exchange Rule 601(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         
                        <E T="03">See, generally,</E>
                         Chapter VI of the Exchange's Rules.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         An “ATP” or “ATP Holder” is a registered Broker-Dealer who is a permit holder on NYSE American, per NYSE American Rule 900.2NY(4),(5). 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Key Terms and Definitions section, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         
                        <E T="03">See, generally,</E>
                         NYSE American Rule 923NY.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         An “issue” means an options class. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 67764 (August 31, 2012), 77 FR 55254 (September 7, 2012) (SR-NYSEMKT-2012-44) (changing the calculation of trading permit fees to be based on the “number of option classes in [a NYSE Amex Options Market Maker's] electronic trading appointment. . .” and then using the term “issue” in the tiers of ATP fees).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>43</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>44</SU>
                         A “Market Maker” refers to an ATP Holder that acts as a Market Maker pursuant to NYSE American Rule 920NY and is referred to as an “NYSE AMERICAN Options Market Maker” in the NYSE American Fee Schedule. 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Preface, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>45</SU>
                         NYSE American charges ATP fees based on the maximum number of ATPs held during the month. The “bottom 45%” refers to the least actively traded issues on NYSE American, ranked by industry volume, as reported by the OCC for each issue during the calendar quarter. 
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.A., 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    NYSE American charges similar trading permit fees to its ATPs as proposed by the Exchange herein for the Exchange's Market Makers. NYSE American charges all Options Market Makers 
                    <SU>44</SU>
                     tiered trading permit fees based on the number of issues permitted in an Options Market Maker's quoting assignment.
                    <SU>45</SU>
                     NYSE American provides tiered ATP fees ranging from $8,000 to $26,000 due to the cumulative nature of 
                    <PRTPAGE P="7610"/>
                    the fee,
                    <SU>46</SU>
                    <FTREF/>
                     which amount could be significantly higher if a market maker purchases six or more ATPs, while the Exchange provides tiered Trading Permit fees ranging from $8,000 to $26,000 (as proposed), based on the lesser of either the per class basis or percentage of total national ADV measurements. The Exchange offers even greater savings to Market Makers as it provides a reduced Trading Permit fee of $16,000 (as proposed) for Market Makers if their total monthly executed volume during the relevant month is less than 0.060% of the total monthly executed volume reported by OCC in the market maker account type for MIAX-listed option classes for that month, which still allows these Market Makers to quote the entire market (or close to the entire market). NYSE American does not offer reduced fees for its Options Market Makers that only quote in certain classes compared to those that quote the entire market. NYSE American actually charges higher fees for Options Market Makers that transacts in certain options classes, which fees add to the ATP fees described above.
                    <SU>47</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>46</SU>
                         This was calculated by adding the monthly fees for the first five ATPs that a market maker would be required to purchase in order to quote the entire NYSE American market (
                        <E T="03">i.e.,</E>
                         $8,000 + $6,000 + $5,000 + $4,000 + $3,000).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>47</SU>
                         
                        <E T="03">See</E>
                         NYSE American Options Fee Schedule, Section III.D. Premium Product fees (assessing an additional monthly fee of $1,000 per product to NYSE American Options Market Makers that transact in premium products, such SPY, APPL, etc., capped at $7,000 per month).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Network Connectivity Fees (Disaster Recovery Facility)</HD>
                <P>The proposed network connectivity fees to the Exchange's disaster recovery facility for Members and non-Members are lower than the connectivity fees charged by Cboe C2 Exchange, Inc. (“Cboe C2”) for connecting to the Cboe C2 disaster recovery facility, as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="xs54,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per connection)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>1Gb Connectivity (disaster recovery)</ENT>
                        <ENT>$650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Connectivity (disaster recovery)</ENT>
                        <ENT>3,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Physical Port 1Gb (disaster recovery)</ENT>
                        <ENT>2,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Physical Port 10Gb (disaster recovery)</ENT>
                        <ENT>6,000</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Physical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges higher 1Gb and 10Gb connectivity fees to connect to its disaster recovery facility than the Exchange proposes to connect to its disaster recovery facility. Cboe C2's connectivity fees to connect to its disaster recovery facility are analogous to the Exchange's connectivity fees to its disaster recovery facility. In general, the disaster recovery facility is a secondary data center in a separate, geographically diverse location that Exchange participants are able to connect to in order to have redundancy for their trading and market data connections in the event that the Exchange's primary data center operations are disabled. Cboe C2's 1Gb and 10Gb connections to its disaster recovery center allow its members to connect to that data center in the event that Cboe C2's primary data center is no longer operational.
                    <SU>48</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>48</SU>
                         
                        <E T="03">See</E>
                         Cboe BCP/DR Plan Highlights, v1.3, page 2, 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/Cboe_Corporate_BCP-DR.pdf.</E>
                    </P>
                </FTNT>
                <P>Cboe C2 charges higher 1Gb and 10Gb connectivity fees to its disaster recovery facility than the fees proposed by the Exchange herein for connectivity to the Exchange's disaster recovery facility. Cboe C2 charges monthly fees of $2,000 per 1Gb connection and $6,000 per 10Gb connection to its disaster recovery facility. Meanwhile, the Exchange proposes to charge monthly fees of $650 per 1Gb connection and $3,500 per 10Gb connection to its disaster recovery facility.</P>
                <HD SOURCE="HD3">Network Connectivity Fees (Primary/Secondary Facility)</HD>
                <P>
                    The proposed network connectivity fees to the Exchange's primary and secondary facility for Members and non-Members are lower than the connectivity fees charged by Nasdaq BX, Inc. (“Nasdaq BX”) and NYSE American for connectivity to its primary data centers, as summarized in the table below.
                    <SU>49</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>49</SU>
                         The Exchange notes that Nasdaq BX and NYSE America operate on shared infrastructure with their affiliates. As such, one network connection to one exchange provides access to the affiliated exchanges on their shared network. Meanwhile, the Exchange operates on a dedicated 10Gb ULL network that is not shared with its affiliates and therefore, each 10Gb ULL connection only provides connectivity to a single exchange. This is difference with other exchanges is of no consequence because market participants that wish to experience certain latency may elect to purchase multiple connections rather than using one 10 Gb connection to access multiple markets or, in some cases, purchase a more expensive 40 Gb line if available. In addition, those that purchase connections to receive market data need a dedicated connection to each exchange because they are unable to receive market data from multiple markets over a single connection. Also, market participants may choose to not use the single connection to access other markets within an exchange family to avoid incurring other ancillary costs, such as membership, transaction, or other network fees.
                    </P>
                </FTNT>
                <GPOTABLE COLS="3" OPTS="L2nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per connection)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>1Gb Connectivity</ENT>
                        <ENT>$1,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Connectivity</ENT>
                        <ENT>15,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq BX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>1Gb Connection</ENT>
                        <ENT>2,750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>10Gb Ultra Connection</ENT>
                        <ENT>18,500</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            NYSE American 
                            <SU>b</SU>
                        </ENT>
                        <ENT>10Gb LX LCN Circuit</ENT>
                        <ENT>22,000</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104261 (November 25, 2025), 90 FR 55209 (December 1, 2025) (SR-BX-2025-027).
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         NYSE American Connectivity Fee Schedule, page 12, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/Wireless_Connectivity_Fees_and_Charges.pdf.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Nasdaq BX.</E>
                     Nasdaq BX charges higher connectivity fees to its primary data center. Nasdaq BX's 1Gb and 10Gb Ultra fiber connection fees are analogous to the Exchange's 1Gb and 10Gb ULL connectivity fees. In general, 
                    <PRTPAGE P="7611"/>
                    the Exchange's 1Gb and 10Gb ULL connectivity fees provide Members and non-Members with access to the Exchange's primary and secondary facilities (
                    <E T="03">i.e.,</E>
                     the live trading platforms and market data systems). Nasdaq BX's 1Gb and 10Gb Ultra fiber connections provide Nasdaq BX participants with the ability to connect directly to Nasdaq BX's trading platforms and market data feeds.
                    <SU>50</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>50</SU>
                         
                        <E T="03">See, generally,</E>
                         Nasdaq Market Connectivity Options web page, 
                        <E T="03">available at https://www.nasdaq.com/solutions/nasdaq-co-location</E>
                         (last visited November 25, 2025).
                    </P>
                </FTNT>
                <P>
                    Nasdaq BX charges higher connectivity fees than the connectivity fees to the primary and secondary facilities proposed by the Exchange herein. Nasdaq BX charges all participants monthly fees of $2,750 per 1Gb connection and $18,500 per 10Gb connection to access its primary data center. Meanwhile, the Exchange proposes to charge Members and non-Members monthly fees of $1,500 per 1Gb connection and $15,000 per 10Gb ULL connection to the Exchange's primary and secondary facilities. Nasdaq BX charges an additional installation fee for each 1Gb or 10Gb connection of $1,650.
                    <SU>51</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>51</SU>
                         
                        <E T="03">See</E>
                         Nasdaq BX, General 8: Connectivity, Section 1(b), Connectivity to the Exchange, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/bx/rules/BX%20General%208.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">NYSE American.</E>
                     NYSE American charges higher 10Gb connectivity fees to its primary data center. NYSE American's 10Gb LX LCN Circuit connection fee is analogous to the Exchange's 10Gb ULL connectivity fee. In general, the Exchange's 10Gb ULL connectivity fee provides Members and non-Members with access to the Exchange's primary and secondary facilities (
                    <E T="03">i.e.,</E>
                     the live trading platforms and market data systems). NYSE American's 10Gb LX LCN Circuit connection provides NYSE American participants with the ability to connect directly to NYSE American trading platforms and market data feeds.
                    <SU>52</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>52</SU>
                         
                        <E T="03">See, generally,</E>
                         NYSE American Connectivity Fee Schedule, 
                        <E T="03">available at https://www.nyse.com/publicdocs/nyse/Wireless_Connectivity_Fees_and_Charges.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    NYSE American charges higher connectivity fees as proposed by the Exchange herein. NYSE American charges all participants a monthly fee of $22,000 per 10Gb LX LCN Circuit connection to access its primary data center. Meanwhile, the Exchange proposes to charge Members and non-Members a monthly fee of $15,000 per 10Gb ULL connection to the Exchange's primary and secondary facilities. NYSE American charges an additional installation fee for each 10Gb LX LCN Circuit connection of $15,000.
                    <SU>53</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>53</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">FIX Port Fees</HD>
                <P>The proposed FIX Port fees are comparable to, or lower than, the similar port fees charged by Cboe BZX Exchange, Inc. (“Cboe BZX”), Cboe C2 and The Nasdaq Stock Market LLC (“Nasdaq”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s50,r50,12">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>1st FIX Port</ENT>
                        <ENT>$650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>2nd to 5th FIX Ports</ENT>
                        <ENT>400</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>6th or more FIX Ports</ENT>
                        <ENT>175</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe BZX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Logical Ports</ENT>
                        <ENT>750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>b</SU>
                        </ENT>
                        <ENT>FIX Logical Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>c</SU>
                        </ENT>
                        <ENT>FIX Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe BZX Fee Schedule, Options Logical Port Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/bzx/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>c</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7 Pricing Schedule, Section 3(i)(1), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe BZX.</E>
                     Cboe BZX charges higher Logical Port fees than the FIX Port fees proposed by the Exchange. Cboe BZX's Logical Ports are analogous to the Exchange's FIX Ports. In general, a FIX Port allows an Exchange Member to send simple and complex orders, as well as other messages, to the Exchange using the FIX protocol.
                    <SU>54</SU>
                    <FTREF/>
                     Cboe BZX's Logical Ports allow for order entry and other messages to be sent to Cboe BZX by participants.
                    <SU>55</SU>
                    <FTREF/>
                     Cboe BZX charges slightly higher Logical Port fees than the FIX Port fees proposed by the Exchange herein. Cboe BZX charges a monthly fee of $750 per Logical Port, while the Exchange's highest proposed tier is only $650 per FIX Port per month.
                </P>
                <FTNT>
                    <P>
                        <SU>54</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>55</SU>
                         
                        <E T="03">See, generally,</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97 (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges comparable FIX Logical Port fees as the FIX Port fees proposed by the Exchange. Cboe C2's FIX Logical Ports are analogous to the Exchange's FIX Ports. In general, a FIX Port allows an Exchange Member to send simple and complex orders and other messages to the Exchange using the FIX protocol.
                    <SU>56</SU>
                    <FTREF/>
                     Cboe C2's FIX Logical Ports allow for order entry and other messages to be sent to Cboe C2 by participants.
                    <SU>57</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>56</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>57</SU>
                         
                        <E T="03">See, generally,</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97 (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    Cboe C2 charges comparable FIX Logical Port fees as the FIX Port fees proposed by the Exchange herein. Cboe C2 charges a monthly fee of $650 per FIX Logical Port, while the Exchange's highest proposed tier is $650 per FIX Port per month. Cboe C2 FIX Logical Port users may incur an additional monthly fee of $650 per port. Cboe C2 provides that for the standard monthly fee of $650 per FIX Logical Port, a user may enter up to 70,000 orders per trading day per port as measured on average in a single month. However, each incremental usage of up to 70,000 per day per FIX Logical Port will incur an additional $650 fee per month.
                    <SU>58</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>58</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                         Incremental usage is determined on a monthly basis based on the average orders per day entered in a single month across all of a market participant's subscribed FIX Ports. 
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <PRTPAGE P="7612"/>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges similar FIX Port fees as the FIX Port fees proposed by the Exchange. Nasdaq's FIX Ports are analogous to the Exchange's FIX Ports in that they that allow Nasdaq participants to connect, send, and receive messages related to orders to and from Nasdaq, which include the following: (1) execution messages; (2) order messages; and (3) risk protection triggers and cancel notifications.
                    <SU>59</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>59</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3 Options Trading Rules, Section 7(e)(1)(A).
                    </P>
                </FTNT>
                <P>Nasdaq charges participants $650 per FIX Port per month, while the Exchange's highest proposed tier is $650 per FIX Port per month. Accordingly, Nasdaq charges comparable FIX Port fees as proposed by the Exchange herein.</P>
                <HD SOURCE="HD3">Limited Service MEI Port Fees</HD>
                <P>The proposed Limited Service MEI Port (“LSPs”) fees are lower than the similar port fees charged by Nasdaq and Nasdaq MRX, LLC (“Nasdaq MRX”), as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>Limited Service MEI Port</ENT>
                        <ENT>$450</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>a</SU>
                        </ENT>
                        <ENT>QUO Ports</ENT>
                        <ENT>750</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq MRX 
                            <SU>b</SU>
                        </ENT>
                        <ENT>OTTO Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Nasdaq, Options 7: Pricing Schedule, Section 3(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 7: Pricing Schedule, Section 6(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/mrx/rules/MRX%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher Quote Using Order (“QUO”) Port fees than the Limited Service MEI Port fees proposed by the Exchange. The Exchange acknowledges differences between the functionality of its LSPs and that of Nasdaq's QUO Ports; however, the Exchange believes that the fee comparison between LSPs and QUO Ports is relevant as both ports provide a limited subset of functionality as provided by other ports offered by both the Exchange and Nasdaq. In general, Limited Service MEI Ports support all MEI Interface 
                    <SU>60</SU>
                    <FTREF/>
                     input message types,
                    <SU>61</SU>
                    <FTREF/>
                     but do not support bulk quote entry.
                    <SU>62</SU>
                    <FTREF/>
                     Notifications sent over LSPs between market participants and the Exchange may include the following information: (1) execution notifications, cancel notifications, stock leg execution notifications, and order notifications; (2) administrative messages (
                    <E T="03">i.e.,</E>
                     series updates); (3) risk protection settings and notification updates; and (4) trading status notifications (
                    <E T="03">i.e.,</E>
                     halted).
                    <SU>63</SU>
                    <FTREF/>
                     Nasdaq's QUO Ports allow Nasdaq market makers to connect, send, and receive messages related to single-sided orders to and from Nasdaq.
                    <SU>64</SU>
                    <FTREF/>
                     Messages sent over QUO Ports may include the following: (1) options symbol directory messages (
                    <E T="03">e.g.,</E>
                     underlying); (2) system event messages (
                    <E T="03">e.g.,</E>
                     start of trading hours messages and start of opening); (3) trading action messages (
                    <E T="03">e.g.,</E>
                     halts and resumes); (4) execution messages; (5) order messages; and (6) risk protection triggers and cancel notifications.
                    <SU>65</SU>
                    <FTREF/>
                     Nasdaq charges a monthly fee of $750 per QUO Port, per account number, while the Exchange provides the first four LSPs for free and proposes to charge $450 per additional LSP for each matching engine per month thereafter. Nasdaq charges higher QUO Port fees than the LSP fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>60</SU>
                         The MIAX Express Interface (“MEI”) is a connection to MIAX Emerald System that enables Market Makers to submit simple and complex electronic quotes to MIAX Emerald. 
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>61</SU>
                         
                        <E T="03">See</E>
                         MIAX Emerald MEI Interface Specification, Version 2.2c (revision date October 10, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/sites/default/files/job-files/MIAX_Express_Interface_MEI_v2.2c.pdf</E>
                         (providing full description of messages supported by the MEI Interface).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>62</SU>
                         
                        <E T="03">See</E>
                         MIAX Emerald Options Exchange User Manual, Version 1.0.0, Section 5.01 (revision date December 12, 2023), 
                        <E T="03">available at https://www.miaxglobal.com/miax_emerald_user_manual.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>63</SU>
                         
                        <E T="03">See</E>
                         MIAX Emerald MEI Interface Specification, Version 2.2c (revision date October 10, 2025), 
                        <E T="03">available at https://www.miaxglobal.com/sites/default/files/job-files/MIAX_Express_Interface_MEI_v2.2c.pdf</E>
                         (providing full description of messages supported by the MEI Interface).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>64</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Options Trading Rules, Section 7(e)(1)(D).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>65</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Options Trading Rules, Section 7(e)(1)(D).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq MRX.</E>
                     Nasdaq MRX charges higher Ouch to Trade Options (“OTTO”) Port fees than the Limited Service MEI Port fees proposed by the Exchange. The Exchange acknowledges differences between the functionality of its LSPs and that of Nasdaq MRX's OTTO Ports; however, the Exchange believes that the fee comparison between LSPs and OTTO Ports is relevant as both ports provide a limited subset of functionality as provided by other ports offered by both the Exchange and Nasdaq MRX. Nasdaq MRX's OTTO Ports allow Nasdaq MRX members to connect, send, and receive messages related to orders, auction orders, and auction responses to Nasdaq MRX.
                    <SU>66</SU>
                    <FTREF/>
                     Messages sent over OTTO Ports include the following: (1) options symbol directory messages (
                    <E T="03">e.g.,</E>
                     underlying and complex instruments); (2) system event messages (
                    <E T="03">e.g.,</E>
                     start of trading hours messages and start of opening); (3) trading action messages (
                    <E T="03">e.g.,</E>
                     halts and resumes); (4) execution messages; (5) order messages; (6) risk protection triggers and cancel notifications; (7) auction notifications; (8) auction responses; and (9) post trade allocation messages.
                    <SU>67</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>66</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 3: Options Trading Rules, Supplementary Material to Options 3, Section 7, .03(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>67</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX, Options 3: Options Trading Rules, Supplementary Material to Options 3, Section 7, .03(b).
                    </P>
                </FTNT>
                <P>Nasdaq MRX charges a monthly fee of $650 per OTTO Port, per account number (with fees for all OTTO Ports, CTI Ports, FIX Ports, FIX Drop Ports and disaster recovery ports subject to a monthly cap of $7,500), while the Exchange provides the first four LSPs for free and proposes to charge $450 per additional LSP for each matching engine per month thereafter. Nasdaq MRX charges higher OTTO Port fees than the LSP fees proposed by the Exchange herein.</P>
                <HD SOURCE="HD3">Purge Port Fees</HD>
                <P>
                    The proposed Purge Port fees are comparable to, or lower than, the similar port fees charged by Nasdaq MRX, Cboe C2 and Nasdaq, as summarized in the table below.
                    <PRTPAGE P="7613"/>
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s100,r100,xs100">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">Monthly fee</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>Purge Ports</ENT>
                        <ENT>$700 per matching engine.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq MRX 
                            <SU>a</SU>
                        </ENT>
                        <ENT>First 5 SQF Purge Ports</ENT>
                        <ENT>$1,620 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Next 15 SQF Purge Ports</ENT>
                        <ENT>$1,080 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>All SQF Purge Ports over 20</ENT>
                        <ENT>$540 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>b</SU>
                        </ENT>
                        <ENT>Purge Ports</ENT>
                        <ENT>$850 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>c</SU>
                        </ENT>
                        <ENT>First 5 SQF Purge Ports</ENT>
                        <ENT>$1,620 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Next 15 SQF Purge Ports</ENT>
                        <ENT>$1,080 per port.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>All SQF Purge Ports over 20</ENT>
                        <ENT>$540 per port.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a.</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 104005 (September 18, 2025), 90 FR 45855 (September 23, 2025) (SR-MRX-2025-20) (new fees effective January 1, 2026).
                    </TNOTE>
                    <TNOTE>
                        <SU>b.</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>c.</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7: Pricing Schedule, Section 3 Nasdaq Options Market—Ports and Other Services, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>The Exchange's comparison to fees charged by other exchanges for similar ports is limited because a thorough comparison would require the Exchange to obtain competitively sensitive information about other exchanges' architecture and how their members connect. However, in a practical sense, the Exchange can surmise that a market participant would require multiple purge ports to access an exchange's entire market as a single port might not connect to all matching engines or provide the latency benefits that the market participant's trading behavior requires. The Exchange does not know the actual number of purge ports needed because it does not have insight into the technical architecture of other exchanges so it is difficult to ascertain the number of purge ports a firm would need to connect to another exchange's entire market. Therefore, the Exchange is limited to comparing its proposed fee to other exchanges' purge port fees as listed in their fee schedules.</P>
                <P>
                    <E T="03">Nasdaq MRX.</E>
                     Nasdaq MRX charges higher Specialized Quote Feed (“SQF”) Purge Port fees than the Purge Port fees proposed by the Exchange. Nasdaq MRX's SQF Purge Ports are analogous to the Exchange's Purge Ports. In general, Purge Ports provide Market Makers with the ability to send quote purge messages to the Exchange, but are not capable of sending or receiving any other type of messages or information.
                    <SU>68</SU>
                    <FTREF/>
                     Nasdaq MRX's SQF Purge Ports allow Nasdaq MRX market makers to send purge requests to the Nasdaq MRX trading system.
                    <SU>69</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>68</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>69</SU>
                         
                        <E T="03">See</E>
                         Nasdaq MRX Options 3: Trading Rules, Supplementary Material to Options 3, Section 7, .03(c).
                    </P>
                </FTNT>
                <P>
                    Nasdaq MRX charges higher SQF Purge Port fees than the Purge Port fees proposed by the Exchange herein. Nasdaq MRX will charge (beginning January 1, 2026) SQF Purge Port fees as follows: (a) $1,620 per SQF Purge Port per month for the first 5 ports; (b) $1,080 per SQF Purge Port per month for the next 15 ports; and (c) $540 per SQF Purge Port for all ports over 20 ports. The Exchange proposes to charge $700 per Purge Port per matching engine per month. The Exchange chose to charge Purge ports on a per matching engine basis instead of a per port basis due to its System architecture, which provides two (2) Purge Ports per matching engine for redundancy purposes. Market Makers are able to select the matching engines that they want to connect to based on the business needs of each Market Maker, and pay the applicable fee based on the number of matching engines and pair of ports utilized.
                    <SU>70</SU>
                    <FTREF/>
                     This architecture provides Market Makers with flexibility to control their Purge Port costs based on the number of matching engines each Marker Maker elects to connect to based on each Market Maker's business needs. Further, the Exchange's monthly Purge Port fee provides access to the Exchange's primary, secondary, and disaster recovery data centers for the single monthly fee. Nasdaq MRX, on the other hand, assesses an additional fee $50 per SQF Purge Port per month, per account number, to access its disaster recovery facility (albeit, Nasdaq MRX currently waives the fee for one SQF Purge Port to the disaster recovery facility per market maker per month).
                </P>
                <FTNT>
                    <P>
                        <SU>70</SU>
                         The Exchange notes that each matching engine corresponds to a specified group of symbols. Certain Market Makers choose to only quote in certain symbols while other Market Makers choose to quote the entire market.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges higher Purge Port fees than the Purge Port fees proposed by the Exchange. Cboe C2's Purge Ports are analogous to the Exchange's Purge Ports. In general, Cboe C2's Purge Ports allow its members the ability to cancel a subset (or all) of open orders across the executing firm's ID, underlying symbol(s), or custom group ID, across multiple logical ports/sessions.
                    <SU>71</SU>
                    <FTREF/>
                     Cboe C2 charges $850 per Purge Port per month, while the Exchange proposes to charge $700 per pair of Purge Ports per matching engine per month. Cboe C2 charges higher Purge Port fees than the Purge Port fees proposed by the Exchange herein.
                </P>
                <FTNT>
                    <P>
                        <SU>71</SU>
                         
                        <E T="03">See</E>
                         Cboe Purge Ports, Frequently Asked Questions, U.S. Options, Version 1.3, 
                        <E T="03">available at https://cdn.cboe.com/resources/features/Cboe_USO_PurgePortsFAQs.pdf</E>
                         (last visited November 5, 2025).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher SQF Purge Port fees than the Purge Port fees proposed by the Exchange. Nasdaq's SQF Purge Ports are analogous to the Exchange's Purge Ports, which allow Nasdaq market makers to send purge requests to the Nasdaq trading system.
                    <SU>72</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>72</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Trading Rules, Section 7(e)(1)(B).
                    </P>
                </FTNT>
                <P>Nasdaq charges higher Purge Port fees than the Purge Port fees proposed by the Exchange herein. Nasdaq charges tiered SQF Purge Port fees as follows: (a) $1,620 per SQF Purge Port per month for the first 5 ports; (b) $1,080 per SQF Purge Port per month for the next 15 ports; and (c) $540 per SQF Purge Port for all ports over 20 ports. The Exchange proposes to charge a flat $700 per set of Purge Ports per matching engine per month.</P>
                <HD SOURCE="HD3">CTD Port Fees</HD>
                <P>
                    The proposed CTD Port fees are lower than the similar port fees charged by Nasdaq, as summarized in the table below.
                    <PRTPAGE P="7614"/>
                </P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,r100,16">
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>CTD Ports</ENT>
                        <ENT>$525</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>a</SU>
                        </ENT>
                        <ENT>CTI Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7: Pricing Schedule, Section 3 Nasdaq Options Market—Ports and Other Services, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges higher Clearing Trade Interface (“CTI”) Port fees than the CTD Port fees proposed by the Exchange. Nasdaq's CTI Ports are analogous to the Exchange's CTD Ports. In general, CTD Ports provide an Exchange Member with real-time clearing trade updates, including, among other things, the following: (i) trade date and time; (ii) symbol information; (iii) trade price/size information; (iv) Member type (for example, and without limitation, Market Maker, Electronic Exchange Member, Broker-Dealer); and (v) Exchange MPID for each side of the transaction, including Clearing Member MPID.
                    <SU>73</SU>
                    <FTREF/>
                     Nasdaq's CTI Ports provide real-time clearing trade updates regarding trade details specific to the Nasdaq participant, which include, among other things, the following: (i) The Clearing Member Trade Agreement or “CMTA” or The Options Clearing Corporation or “OCC” number; (ii) Nasdaq badge or house number; (iii) Nasdaq internal firm identifier; (iv) an indicator which will distinguish electronic and non-electronically delivered orders; (v) liquidity indicators and transaction type for billing purposes; and (vi) capacity.
                    <SU>74</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>73</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>74</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Trading Rules, Section 23(b)(1).
                    </P>
                </FTNT>
                <P>Nasdaq charges $650 per CTI Port per month, while the Exchange proposes to charge $525 per CTD Port per month. Nasdaq charges higher CTI Port fees than the CTD Port fees proposed by the Exchange herein.</P>
                <HD SOURCE="HD3">FXD Port Fees</HD>
                <P>The proposed FXD Port fees are comparable to the similar port fees charged by Cboe C2 and Nasdaq BX, as summarized in the table below.</P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,r100,16">
                    <BOXHD>
                        <CHED H="1">Exchange</CHED>
                        <CHED H="1">Type of product/service</CHED>
                        <CHED H="1">
                            Monthly fee
                            <LI>(per port)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>FXD Ports</ENT>
                        <ENT>$600</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Drop Logical Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Nasdaq 
                            <SU>b</SU>
                        </ENT>
                        <ENT>FIX Drop Ports</ENT>
                        <ENT>650</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 7: Pricing Schedule, Section 3 Nasdaq Options Market—Ports and Other Services, 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges comparable logical Drop Port fees as the FXD Port fees proposed by the Exchange. Cboe C2's Drop Logical Ports are analogous to the Exchange's FXD Ports. In general, FXD Ports allow the Exchange's market participants to connect their systems with a messaging interface that provides a copy of real-time trade execution, trade correction and trade cancellation information.
                    <SU>75</SU>
                    <FTREF/>
                     Cboe C2's Drop Logical Ports allow its members to receive real-time information about order flow, including execution information (
                    <E T="03">i.e.,</E>
                     filled or partially filled) and cancellation information.
                    <SU>76</SU>
                    <FTREF/>
                     Like the Exchange's FXD Ports, Cboe C2's Drop Logical Ports do not allow the user to submit orders to the exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>75</SU>
                         
                        <E T="03">See</E>
                         Fee Schedule, Section 5)d)iv).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>76</SU>
                         
                        <E T="03">See</E>
                         Cboe Titanium U.S. Options FIX Specification, Version 2.7.97, FIX Drop section (dated October 20, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>Cboe C2 charges $650 per Drop Logical Port per month, while the Exchange proposes to charge $600 per FXD Port per month. Cboe C2 charges higher Drop Logical Port fees than the FXD Port fees proposed by the Exchange herein.</P>
                <P>
                    <E T="03">Nasdaq.</E>
                     Nasdaq charges comparable FIX Drop Port fees as the FXD Port fees proposed by the Exchange. Nasdaq's FIX Drop Ports are analogous to the Exchange's FXD Ports in that they provide a real-time order and execution update message that is sent to a Nasdaq participant after an order has been received or modified or an execution has occurred and contains trade details specific to that participant.
                    <SU>77</SU>
                    <FTREF/>
                     The information provided through the Nasdaq FIX Drop Port includes, among other things, the following: (i) executions; (ii) cancellations; (iii) modifications to an existing order and (iv) busts or post-trade corrections.
                    <SU>78</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>77</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Options 3: Trading Rules, Section 23(b)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>78</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>Nasdaq charges $650 per FIX Drop Port per month, while the Exchange proposes to charge $600 per FXD Port per month. Nasdaq charges higher FIX Drop Port fees as the FXD Port fees proposed by the Exchange herein.</P>
                <HD SOURCE="HD3">Full Service MEI Port Fees</HD>
                <P>The proposed Full Service MEI Port fees are comparable to the similar port fees charged by Cboe C2, as summarized in the table below.</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,tp0,p1,8/9,i1" CDEF="s50,r50,10,r50,r75">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25">Exchange</ENT>
                        <ENT>Type of product/service</ENT>
                        <ENT A="02">Monthly fee</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MIAX Emerald</ENT>
                        <ENT>Market Maker Full Service MEI Port</ENT>
                        <ENT>$6,000</ENT>
                        <ENT>Up to 5 Classes</ENT>
                        <ENT>Up to 10% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>12,000</ENT>
                        <ENT>Up to 10 Classes</ENT>
                        <ENT>Up to 20% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>16,500</ENT>
                        <ENT>Up to 40 Classes</ENT>
                        <ENT>Up to 35% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="7615"/>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>20,500</ENT>
                        <ENT>Up to 100 Classes</ENT>
                        <ENT>Up to 50% of Classes by volume (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>24,000</ENT>
                        <ENT>Over 100 Classes</ENT>
                        <ENT>Over 50% of Classes by volume up to all Classes on MIAX Emerald (as a % of national ADV).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Cboe C2 
                            <SU>a</SU>
                        </ENT>
                        <ENT>Bulk BOE Ports</ENT>
                        <ENT A="L02">$1,500 per port for ports 1 though 5.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT A="L02">$2,500 per port for ports 6 or more.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         
                        <E T="03">See</E>
                         Cboe C2 Fee Schedule, Logical Connectivity Fees section, 
                        <E T="03">available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.</E>
                    </TNOTE>
                </GPOTABLE>
                <P>The Exchange's comparison to fees charged by other exchanges for similar ports is limited because a thorough comparison would require the Exchange to obtain competitively sensitive information about other exchanges' architecture and how their members connect. However, in a practical sense, the Exchange can surmise that a market participant would require multiple ports to access an exchange's entire market as a single port might not connect to all matching engines or provide the latency benefits that the market participant's quoting behavior requires. The Exchange does not know the actual number of purge ports needed because it does not have insight into the technical architecture of other exchanges so it is difficult to ascertain the number of ports a firm would need to connect to another exchange's entire market and quote that entire market. Therefore, the Exchange is limited to comparing its proposed fee to other exchanges' port fees as listed in their fee schedules.</P>
                <P>
                    <E T="03">Cboe C2.</E>
                     Cboe C2 charges similar, or higher, bulk order port fees than the Full Service MEI Port fees proposed by the Exchange. Cboe C2's Bulk BOE Ports are analogous to the Exchange's Full Service MEI Ports. In general, Full Service MEI Ports provide Market Makers with the ability to send simple and complex quotes, eQuotes, and quote purge messages to the MIAX Emerald System.
                    <SU>79</SU>
                    <FTREF/>
                     Full Service MEI Ports are also capable of receiving administrative information.
                    <SU>80</SU>
                    <FTREF/>
                     The Exchange's Full Service MEI Ports entitle a Market Maker to two such ports for each matching engine for a single monthly port fee.
                    <SU>81</SU>
                    <FTREF/>
                     The Exchange has twelve total matching engines; therefore, for one monthly fee, each Market Maker is provided twenty-four total Full Service MEI Ports (
                    <E T="03">i.e.,</E>
                     two per matching engine multiplied by twelve matching engines). Cboe C2's Bulk BOE Ports provide users with the ability to submit single and bulk order messages to enter, modify, or cancel orders and are intended for use by market makers quoting large numbers of simple options series.
                    <SU>82</SU>
                    <FTREF/>
                     Each Bulk BOE Port has access to all of Cboe C2's matching units, which, according to Cboe, typically ranges from 31-35 matching units per Cboe-affiliated exchange.
                    <SU>83</SU>
                    <FTREF/>
                     The Cboe C2 Bulk BOE Port does not provide a Cboe C2 market maker with a port for each matching unit and the Exchange believes that, based on the experience of its own Market Makers, it would not be feasible to quote an entire market with only a single (or handful) of ports; rather, a market maker would likely need to have a port on each matching unit to be able to quote the entire market.
                </P>
                <FTNT>
                    <P>
                        <SU>79</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>80</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>81</SU>
                         
                        <E T="03">See</E>
                         the Definitions section of the Fee Schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>82</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83201 (May 9, 2018), 83 FR 22546 (May 15, 2018) (SR-C2-2018-006) 
                        <E T="03">and</E>
                         Cboe Titanium U.S. Options Binary Order Entry Version 3 Specification, Version 1.10, page 45 (October 31, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_BOE3_Specification.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>83</SU>
                         
                        <E T="03">See</E>
                         Cboe Titanium U.S. Options Binary Order Entry Version 3 Specification, Version 1.10, page 224 (October 31, 2025), 
                        <E T="03">available at https://cdn.cboe.com/resources/membership/US_Options_BOE3_Specification.pdf.</E>
                    </P>
                </FTNT>
                <P>The Exchange believes that Cboe C2 charges higher bulk port fees than the Full Service MEI Port fees proposed by the Exchange herein. Cboe C2 charges $1,500 per port for the first five Bulk BOE Ports, and $2,500 per port for each Bulk BOE Port utilized in excess of five ports. The Exchange proposes to charge between $6,000 and $24,000 per month for Full Service MEI Ports for Market Makers, depending on the number of classes assigned or percentage of national ADV. The Exchange's proposed Full Service MEI Port fees for Market Makers provide two such ports for each of the Exchange's twelve matching engines, for a total of twenty-four total ports for the monthly fee (between $6,000 and $24,000). For a Cboe C2 member to utilize a Bulk BOE Port on each matching unit, that member would have to purchase between 31 and 35 such ports. As such, the approximated fees for doing so would be between $72,500 (($1,500 per port multiplied by the first five Bulk BOE Ports) + ($2,500 per port multiplied by the next twenty-six Bulk BOE Ports)) and $82,500 (($1,500 per port multiplied by the first five Bulk BOE Ports) + ($2,500 per port multiplied by the next thirty Bulk BOE Ports)).</P>
                <STARS/>
                <P>Each of the above examples of other exchanges' non-transaction fees support the proposition that the Exchange's proposed fees are comparable to those of other exchanges for similar products or services and are, therefore, reasonable.</P>
                <HD SOURCE="HD3">The Proposed Fees Are Equitably Allocated and Not Unfairly Discriminatory</HD>
                <P>
                    <E T="03">Overall.</E>
                     The Exchange believes that its proposed fees are reasonable, equitable, and not unfairly discriminatory because, in sum, they are designed to align fees with services provided by amending them to levels that are comparable to similar fees for services assessed by other equity options exchanges. The Exchange believes that the proposed fees are allocated fairly and equitably among Members and non-Members because they apply to all Members and non-Members equally, and any differences among categories of fees are not unfairly discriminatory and are justified and appropriate.
                </P>
                <P>
                    The Exchange believes that the proposed fees are equitably allocated because they will apply uniformly to all Members and non-Members that choose to purchase a particular service based on their business need. Any Member or non-Member that chooses to purchase a particular product or service is subject to the same Fee Schedule, regardless of what type of business they operate, and the decision to purchase a particular product or service is based on objective differences in usage of the particular product or service among different Members and non-Member, which are still ultimately in the control of any particular Member or non-Member. The Exchange believes the proposed pricing is equitably allocated because of the service's or product's utility and value 
                    <PRTPAGE P="7616"/>
                    to market participants as compared to other like exchanges' products and services.
                </P>
                <P>The Exchange further believes that the proposed fees are reasonable, fair and equitable, and non-discriminatory because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy.</P>
                <P>
                    <E T="03">EEM Trading Permit Fees.</E>
                     The Exchange believes the proposed Trading Permit fee for EEMs is equitably allocated and not unfairly discriminatory because the proposed fee would apply to each EEM in a uniform manner without regard to membership status or the extent of any other business with the Exchange or affiliated entities (
                    <E T="03">i.e.,</E>
                     order flow provider, clearing services, etc.).
                </P>
                <P>
                    <E T="03">Market Maker Trading Permit Fees.</E>
                     The Exchange believes the proposed Trading Permit fees for Market Makers are equitable as the fees apply equally to all Market Makers based upon the number of class registrations or percentage of executed national ADV each month. The Exchange believes that assessing lower fees to Market Makers that quote in fewer classes is equitable because it will allow the Exchange to retain and attract smaller-scale Market Makers, which are an integral component of the options industry marketplace. Since these smaller Market Makers typically utilize less bandwidth and capacity on the Exchange network due to the lower number of quoted classes, the Exchange believes it is equitable to offer Market Makers Trading Permit fee tiers with lower rates based on a lower number of classes assigned or a lower percentage of executed national ADV. In addition, smaller Market Makers who want to quote greater number of classes or a higher percentage of executed national ADV, but have lower volume thresholds, the Exchange believes it is equitable to offer such Market Makers a lower fee, designated in footnote “▪” following the Market Maker Trading Permit fee table.
                </P>
                <P>The Exchange believes it is equitable and not unfairly discriminatory to charge higher Trading Permit fees to Market Makers that quote a higher number of classes or execute higher percentages of volume on the Exchange because the System requires increased performance and capacity in order to provide the opportunity for Market Makers to quote in a higher number of options classes on the Exchange. Specifically, more classes that are actively quoted on the Exchange by a Market Maker will require increased memory for record retention, increased bandwidth for optimized performance, increased functionalities on each application layer, and increased optimization with regard to surveillance and monitoring of such classes quoted. As such, basing the higher Market Maker Trading Permit fees on the greater number of classes quoted in on any given day in a calendar month is equitable and not unfairly discriminatory when considering how the increased number of quoted classes directly impacts the resources required for the Exchange to operate for all market participants.</P>
                <P>
                    <E T="03">Network Connectivity Fees.</E>
                     The Exchange believes that the proposed fees for network connectivity to the primary/secondary facility and disaster recovery facility for Members and non-Members are equitably allocated because they would apply equally to all market participants that choose to purchase such connectivity products and services from the Exchange. Any participant that chooses to purchase the Exchange's connectivity products and services would be subject to the same fees, regardless of what type of business they operate or the use they plan to make of the products and services. Additionally, the fee increases would be applied uniformly to market participants without regard to Exchange membership status or the extent of any other business with the Exchange or affiliated entities.
                </P>
                <P>The Exchange believes that the proposed fees are equitably allocated among anticipated users of the network connectivity as the Exchange expects that users of 10Gb ULL connections will consume substantially more bandwidth and network resources than users of 1Gb connections. It is the experience of the Exchange and its affiliated exchanges that this is the case as 10Gb ULL connection users have historically accounted for more than 99% of message traffic over the network, which drives increased capacity utilization, while the users of the 1Gb connections account for less than 1% of message traffic over the network. In the experience of the Exchange and its affiliates, users of the 1Gb connections do not have the same business needs for the high-performance network as 10Gb ULL users.</P>
                <P>
                    The Exchange's high-performance network and supporting infrastructure (including employee support), provides unparalleled system throughput. To achieve a consistent, premium network performance, the Exchange built out and must now maintain a network that has the capacity to handle the message rate requirements of its most heavy network consumers. These billions of messages per day consume the Exchange's resources and significantly contribute to the overall increase in storage and network transport capabilities. The Exchange must analyze its storage capacity on an ongoing basis to ensure it has sufficient capacity to store these messages to satisfy its record keeping requirements under the Exchange Act.
                    <SU>84</SU>
                    <FTREF/>
                     Given this difference in network utilization rate, the Exchange believes that it is equitable and not unfairly discriminatory that the 10Gb ULL users continue to pay higher network connectivity fees.
                </P>
                <FTNT>
                    <P>
                        <SU>84</SU>
                         17 CFR 240.17a-1 (recordkeeping rule for national securities exchanges, national securities associations, registered clearing agencies and the Municipal Securities Rulemaking Board).
                    </P>
                </FTNT>
                <P>
                    <E T="03">FIX, CTD, and FXD Port Fees.</E>
                     The Exchange believes that the proposed FIX, CTD and FXD Port fees are equitable and non-discriminatory because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy. The proposed fees for each type of port (FIX, CTD or FXD) does not depend on any distinctions between Members, customers, broker-dealers, or any other entity. The proposed fee will be assessed solely based on the number of FIX, CTD or FXD Ports an entity selects and not on any other distinction applied by the Exchange. The Exchange believes offering a tiered fee structure where the fee for FIX Ports decreases with the number utilized is equitable and not unfairly discriminatory because FIX Ports are used for order entry compared to CTD and FXD Ports, which are used to provide messages concerning trade execution, cancellation, and post-trade clearing information and, in the Exchange's experience, Members tend to utilize fewer such ports overall. Further, the Exchange believes the proposed fees for FIX, CTD and FXD Ports are reasonable because for one monthly fee for each port, Members are able to access all matching engines.
                </P>
                <P>
                    <E T="03">Purge Port Fees.</E>
                     The Exchange believes that the proposed Purge Port fees are equitable because Purge Ports are completely voluntary as they relate solely to optional risk management functionality. While the Exchange believes that Purge Ports provide a valuable service, Market Makers can choose to purchase, or not purchase, these ports based on their own determination of the value and their business needs. No Market Maker is required or under any regulatory obligation to utilize Purge Ports. In fact, 
                    <PRTPAGE P="7617"/>
                    some market participants, in particular the larger firms, could and do build similar risk functionality in their trading systems that permit the flexible cancellation of quotes entered on the Exchange at a high rate. Accordingly, the Exchange believes that Purge Ports offer appropriate risk management functionality to firms that trade on the Exchange for Market Makers that chose to purchase them.
                </P>
                <P>Purge Ports enhance Market Makers' ability to manage quotes, which, in turn, improves their risk controls to the benefit of all market participants. The Exchange also believes that the proposed Purge Port fees are not unfairly discriminatory because they will apply uniformly to all Market Makers that choose to use the optional Purge Ports. Purge Ports are completely voluntary and, as they relate solely to optional risk management functionality, no Market Maker is required or under any regulatory obligation to utilize them. All Market Makers that voluntarily select this service option will be charged the same amount for the same services based upon the number of matching engines. The Exchange also believes that offering Purge Ports at the matching engine level promotes risk management across the industry, and thereby facilitates investor protection. Offering matching engine level protections ensures that such functionality is widely available to all firms, including smaller firms that may otherwise not be willing to incur the costs and development work necessary to support their own customized mass cancel functionality. As such, the Exchange believes the proposed fees are equitable and not unfairly discriminatory.</P>
                <P>
                    <E T="03">Limited Service MEI Port Fees.</E>
                     The Exchange believes the proposed fee for Limited Service MEI Ports is not unfairly discriminatory because it would apply to all Market Makers equally. All Market Makers remain eligible to receive four free Limited Service MEI Ports per matching engine and those that elect to purchase more would be subject to the same monthly rate depending upon the number they choose to utilize. In the Exchange's experience, certain Market Makers choose to purchase additional Limited Service MEI Ports based on their own particular trading/quoting strategies and feel they need a certain number of ports to execute on those strategies. Other Market Makers may continue to choose to only utilize the free Limited Service MEI Ports to accommodate their own trading or quoting strategies, or other business models. All Market Makers elect to receive or purchase the amount of Limited Service MEI Ports they require based on their own business decisions and all Market Makers would be subject to the same fee structure. Every Market Maker may receive up to four free Limited Service MEI Ports and those that choose to purchase additional Limited Service MEI Ports may elect to do so based on their own business decisions and would continue to be subject to the same monthly fees.
                </P>
                <P>
                    The Exchange believes that the proposed fee for Limited Service MEI Ports is reasonable, equitable, and not unfairly discriminatory because it is designed to align fees with services provided, will apply equally to all Market Makers that are assigned Limited Service MEI Ports, and minimizes barriers to entry by providing all Market Makers with four free Limited Service MEI Ports. As a result, there are several Market Makers that are not subject to any additional LSP fees. In contrast, other exchanges generally charge in excess of $450 per port (the fee the Exchange proposes to charge for Limited Service MEI Ports) without providing any initial ports for free.
                    <SU>85</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>85</SU>
                         
                        <E T="03">See</E>
                         Nasdaq, Options 7: Pricing Schedule, Section 3(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules/Nasdaq%20Options%207</E>
                         (providing zero free ports and charging $750 per QUO Port, which is analogous to the Exchange's Limited Service MEI Ports) 
                        <E T="03">and</E>
                         Nasdaq MRX, Options 7: Pricing Schedule, Section 6(i)(4), 
                        <E T="03">available at https://listingcenter.nasdaq.com/rulebook/mrx/rules/MRX%20Options%207</E>
                         (providing zero free ports and charging $650 per OTTO Port, which is analogous to the Exchange's Limited Service MEI Ports).
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed Limited Service MEI Port fee structure is equitable and not unfairly discriminatory because it will continue to enable Market Makers to access the Exchange with four free ports before the proposed fees for additional Limited Service MEI Ports apply, thereby continuing to encourage order flow and liquidity from a diverse set of Market Makers, facilitating price discovery and the interaction of orders. The Exchange notes that a substantial majority of Market Makers only utilize the four Limited Service MEI Ports provided for no fee. The proposed fee is designed to encourage Market Makers to be efficient with their Limited Service MEI Port usage. There is no requirement that any Market Maker maintain a specific number of Limited Service MEI Ports and a Market Maker may choose to maintain as many or as few of such ports as each Market Maker deems appropriate.</P>
                <P>
                    <E T="03">Full Service MEI Port Fees.</E>
                     The proposed fees for Full Service MEI Ports are not unfairly discriminatory because they would apply to all Market Makers equally. The Exchange's pricing structure for Full Service MEI Ports is similar to the pricing structure used by the Exchange's affiliates, MIAX Pearl, MIAX, and MIAX Sapphire, for their Full Service MEI/MEO Port fees.
                    <SU>86</SU>
                    <FTREF/>
                     In the Exchange's experience, Members that are frequently in the highest tier for Full Service MEI Ports consume the most bandwidth and resources of the network.
                </P>
                <FTNT>
                    <P>
                        <SU>86</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Fee Schedule, Section 5)d); MIAX Fee Schedule, Section 5)d)ii); 
                        <E T="03">and</E>
                         MIAX Sapphire Fee Schedule, Section 5)d)ii).
                    </P>
                </FTNT>
                <P>To achieve a consistent, premium network performance, the Exchange must build out and maintain a network that has the capacity to handle the message rate requirements of its most heavy network consumers during anticipated peak market conditions. The need to support billions of messages per day consumes the Exchange's resources and significantly contributes to the overall need to increase network storage and transport capabilities. Thus, as the number of ports a Market Maker has increases, the related pull on Exchange resources may continue to increase.</P>
                <P>
                    The Exchange further believes that the proposed fees are reasonable, equitably allocated and not unfairly discriminatory because, for the flat fee in each tier, the Exchange provides each Member two Full Service MEI Ports for each matching engine to which that Member is connected. Unlike other options exchanges that provide similar port functionality and charge fees on a per port basis,
                    <SU>87</SU>
                    <FTREF/>
                     the Exchange offers Full Service MEI Ports as a package and provides Market Makers with the option to receive up to two Full Service MEI Ports per matching engine to which it connects. The Exchange currently has twelve matching engines, which means Market Makers may receive up to twenty-four Full Service MEI Ports for a single monthly fee, which can vary based on certain volume percentages or classes the Market Maker is registered in. Assuming a Market Maker connects to all twelve matching engines during the month, and achieves the highest tier for that month, with two Full Service MEI Ports per matching engine, this would result in a cost of approximately 
                    <PRTPAGE P="7618"/>
                    $1,000 per Full Service MEI Port ($24,000 divided by 24, and rounded up to the nearest dollar).
                </P>
                <FTNT>
                    <P>
                        <SU>87</SU>
                         
                        <E T="03">See</E>
                         NASDAQ Pricing Schedule, Options 7, Section 3, Ports and Other Services 
                        <E T="03">and</E>
                         NASDAQ Rules, General 8: Connectivity, Section 1. Co-Location Services (similar to the MIAX Pearl Options' MEO Ports, SQF ports are primarily utilized by Market Makers); ISE Pricing Schedule, Options 7, Section 7, Connectivity Fees 
                        <E T="03">and</E>
                         ISE Rules, General 8: Connectivity; NYSE American Options Fee Schedule, Section V.A. Port Fees 
                        <E T="03">and</E>
                         Section V.B. Co-Location Fees; GEMX Pricing Schedule, Options 7, Section 6, Connectivity Fees 
                        <E T="03">and</E>
                         GEMX Rules, General 8: Connectivity.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed reduced Full Service MEI Port fee for Market Makers that fall within the 3rd, 4th, and 5th levels of the Full Service MEI Port fee table and certain volume thresholds are met is not unfairly discriminatory because this lower monthly fee is designed to provide a lower fixed cost to those Market Makers who are willing to quote the entire Exchange market (or substantial amount of the Exchange market), as objectively measured by either number of classes assigned or national ADV, but who do not otherwise execute a significant amount of volume on the Exchange. The Exchange believes that, by continuing to offer a lower fixed cost to Market Makers that execute less volume, the Exchange will continue to retain and attract smaller-scale Market Makers, which are an integral component of the option industry marketplace, but have been decreasing in number in recent years, due to industry consolidation and lower market maker profitability. The Exchange believes it is beneficial to incentivize these additional Market Makers to register to make markets on the Exchange to increase liquidity as the Exchange begins operations. Increased liquidity from a diverse set of market participants helps facilitate price discovery and the interaction of orders, which benefits all market participants of the Exchange. Since these smaller-scale Market Makers may utilize less Exchange capacity due to lower overall volume executed, the Exchange believes it is reasonable, equitably allocated and not unfairly discriminatory to offer such Market Makers a lower fixed cost. The Exchange notes that its affiliated markets, MIAX Pearl, MIAX, and MIAX Sapphire, offer a similar reduced fee for their Full Service MEO/MEI Ports for smaller-scale Market Makers.
                    <SU>88</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>88</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Fee Schedule, Section 5)d), note “**”; MIAX Fee Schedule, Section 5)d)ii), note “*”; 
                        <E T="03">and</E>
                         MIAX Sapphire Fee Schedule, Section 5)d), note “b”.
                    </P>
                </FTNT>
                <STARS/>
                <P>For all of the foregoing reasons, the Exchange believes that the proposed fees are equitably allocated and not unfairly discriminatory.</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>89</SU>
                    <FTREF/>
                     the Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>89</SU>
                         15 U.S.C. 78f(b)(8).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Intra-Market Competition</HD>
                <HD SOURCE="HD3">EEM Trading Permit Fees</HD>
                <P>The Exchange believes the proposed Trading Permit fee for EEMs does not impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed fee does not favor certain categories of market participants in a manner that would impose a burden on competition. The proposed fee is the same for all EEMs of different sizes and business models without regard to membership status or the extent of any other business with the Exchange or affiliated entities.</P>
                <HD SOURCE="HD3">Market Maker Trading Permit Fees</HD>
                <P>
                    The Exchange believes that the proposed Trading Permit fees for Market Makers do not place certain market participants at a relative disadvantage to other market participants because the proposed fees do not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the fee rates are designed in order to provide objective criteria for Market Makers of different sizes and business models that best matches their order and quoting activity on the Exchange. Further, the Exchange believes that the proposed Market Maker Trading Permit fees will not impose a burden on intra-market competition because, when these fees are viewed in the context of the overall activity on the Exchange, Market Makers: (1) consume the most bandwidth and resources of the network; (2) transact the vast majority of the volume on the Exchange; and (3) require the high touch network support services provided by the Exchange and its staff, including more costly network monitoring, reporting and support services, resulting in a much higher cost to the Exchange. The Exchange notes that the majority of customer demand comes from Market Makers, whose transactions make up a majority of the volume on the Exchange. Further, other member types, 
                    <E T="03">i.e.,</E>
                     EEMs, take up significantly less Exchange resources and costs. As such, the Exchange does not believe charging Market Makers higher Trading Permit fees than other member types will impose a burden on intra-market competition.
                </P>
                <P>The Exchange believes that the increasing fees under the tiered Market Maker Trading Permit fee structure do not impose a burden on intra-market competition because the tiered structure continues to take into account the number of classes quoted by each individual Market Maker or percentage of total national ADV. The Exchange's system requires increased performance and capacity in order to provide the opportunity for each Market Maker to quote in a higher number of options classes on the Exchange. Specifically, the more classes that are actively quoted on the Exchange by a Market Maker requires increased memory for record retention, increased bandwidth for optimized performance, increased functionalities on each application layer, and increased optimization with regard to surveillance and monitoring of such classes quoted. As such, basing the Market Maker Trading Permit fee on the greatest number of classes quoted in on any given day in a calendar month, or percentage of total national ADV, does not impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act when taking into account how the increased number of quoted classes directly impact the costs and resources for the Exchange.</P>
                <HD SOURCE="HD3">Network Connectivity Fees</HD>
                <P>The Exchange believes that the proposed network connectivity fees for Members and non-Members do not place certain market participants at a relative disadvantage to other market participants or affect the ability of such market participants to compete. The proposed fees will apply uniformly to all market participants regardless of the number of 1Gb or 10Gb ULL connections they choose to purchase to the primary/secondary facility or the disaster recovery facility. The proposed fees do not favor certain categories of market participants in a manner that would impose an undue burden on competition.</P>
                <P>
                    The Exchange does not believe that the proposed fees for connectivity services place certain market participants at a relative disadvantage to other market participants because the proposed connectivity pricing is associated with relative usage of the Exchange by each market participant and does not impose a barrier to entry to smaller participants. The Exchange believes its proposed pricing is reasonable and, when coupled with the availability of third-party providers that also offer connectivity solutions, participation on the Exchange is competitive for all market participants, including smaller trading firms. The connectivity services purchased by market participants typically increase based on their additional message traffic and/or the complexity of their 
                    <PRTPAGE P="7619"/>
                    operations. The market participants that utilize more connectivity services typically utilize the most bandwidth, and those are the participants that consume the most resources from the network. Accordingly, the proposed fees for connectivity services do not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the allocation of the proposed connectivity fees reflects the network resources consumed by the various size of market participants and the costs to the Exchange of providing such connectivity services.
                </P>
                <HD SOURCE="HD3">FIX, CTD and FXD Port Fees</HD>
                <P>The Exchange believes that the proposed FIX, CTD and FXD Port fees do not place certain market participants at a relative disadvantage to other market participants because they will apply to all Members in the same manner and are not targeted at a specific type or category of market participant engaged in any particular trading strategy. The proposed fees for each type of port (FIX, CTD or FXD) do not depend on any distinctions between Members, customers, broker-dealers, or any other entity. The proposed fee will be assessed solely based on the number of FIX, CTD or FXD Ports an entity selects and not on any other distinction applied by the Exchange.</P>
                <HD SOURCE="HD3">Purge Port Fees</HD>
                <P>The Exchange believes that the proposed Purge Port fees do not place certain market participants at a relative disadvantage to other market participants because Purge Ports are completely voluntary as they relate solely to optional risk management functionality. Purge Ports enhance Members' ability to manage orders, which, in turn, improves their risk controls to the benefit of all market participants. Further, the proposed fees apply uniformly to all Members that choose to use the optional Purge Ports and no Market Maker is required or under any regulatory obligation to utilize them. All Members that voluntarily choose to utilize Purge Ports will be charged the same amount based upon the number of matching engines for each set of Purge Ports in use.</P>
                <HD SOURCE="HD3">Limited Service MEI Port Fees</HD>
                <P>The Exchange does not believe its proposed fee for Limited Service MEI Ports will place certain market participants at a relative disadvantage to other market participants. All Market Makers would be eligible to receive four free Limited Service MEI Ports and those that elect to purchase more would be subject to the same monthly fee. All Market Makers purchase the amount of Limited Service MEI Ports they require based on their own business decisions and similarly situated firms are subject to the same fee.</P>
                <HD SOURCE="HD3">Full Service MEI Port Fees</HD>
                <P>The Exchange does not believe proposed fees for Full Service MEI Ports will place certain market participants at a relative disadvantage to other market participants because they would apply to all Market Makers equally depending on the number of classes the Market Maker is registered to quote in or the percentage of national ADV. The Exchange believes the proposed fees will not result in any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because, in the Exchange's experience, Market Makers that are frequently in the highest tier for Full Service MEI Ports consume the most bandwidth and resources of the network.</P>
                <P>The Exchange further believes that the proposed fees do not place certain market participants at the Exchange at a relative disadvantage compared to other market participants or affect the ability of such market participants to compete because, for the flat fee in each tier, the Exchange provides each Market Maker two Full Service MEI Ports for each matching engine to which that Market Maker is connected. Further, the Exchange offers a reduced Full Service MEI Port fee for Market Makers that fall within the 3rd, 4th and 5th levels of the Full Service MEI Port fee table, which lower monthly fee is designed to provide a lower fixed cost to those Market Makers who are willing to quote the entire Exchange market (or substantial amount of the Exchange market), as objectively measured by either number of classes assigned or national ADV, but who do not otherwise execute a significant amount of volume on the Exchange.</P>
                <P>The Exchange believes that, by continuing to offer a lower fixed cost to Market Makers that execute less volume, the Exchange will continue to retain and attract smaller-scale Market Makers, which are an integral component of the option industry marketplace, but have been decreasing in number in recent years, due to industry consolidation and lower market maker profitability. Accordingly, the Exchange believes the reduced fee will promote competition by incentivizing these additional Market Makers to register to make markets on the Exchange to increase liquidity.</P>
                <HD SOURCE="HD3">Inter-Market Competition</HD>
                <P>The Exchange does not believe that the proposed changes will result in any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act. In contrast, the Exchange believes that, without the fee changes proposed herein, the Exchange is potentially at a competitive disadvantage to certain other exchanges that have in place comparable or higher fees for similar services, as described above. The Exchange believes that non-transaction fees can be used to foster more competitive transaction pricing and additional infrastructure investment and there are other options markets of which market participants may connect to trade options that charge higher or comparable rates as the Exchange for similar services and products. Accordingly, the Exchange does not believe its proposed fee changes impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>No written comments were either solicited or received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>90</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>91</SU>
                    <FTREF/>
                     thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>90</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>91</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:
                    <PRTPAGE P="7620"/>
                </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-EMERALD-2026-05 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-EMERALD-2026-05. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">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-EMERALD-2026-05 and should be submitted on or before March 20, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>92</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>92</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-03124 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION</AGENCY>
                <DEPDOC>[Disaster Declaration #21436 and #21437; Tennessee Disaster Number TN-20030]</DEPDOC>
                <SUBJECT>Presidential Declaration of a Major Disaster for Public Assistance Only for the State of Tennessee</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 the Presidential declaration of a major disaster for Public Assistance Only for the state of Tennessee (FEMA-4898-DR), dated February 6, 2026.</P>
                    <P>
                        <E T="03">Incident:</E>
                         Severe Winter Storm.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Issued on February 6, 2026.</P>
                    <P>
                        <E T="03">Incident Period:</E>
                         January 22, 2026 through January 27, 2026.
                    </P>
                    <P>
                        <E T="03">Physical Loan Application Deadline Date:</E>
                         April 7, 2026.
                    </P>
                    <P>
                        <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>
                         November 6, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Visit the MySBA Loan Portal at https://lending.sba.gov 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 President's major disaster declaration on February 6, 2026, Private Non-Profit organizations providing essential services of a governmental nature may file disaster loan applications online using the MySBA Loan Portal 
                    <E T="03">https://lending.sba.gov</E>
                     or in person at other locally announced locations. For further assistance please contact the SBA disaster assistance customer service center by email at 
                    <E T="03">disastercustomerservice@sba.gov</E>
                     or by phone at 1-800-659-2955. 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">
                    <E T="03">Primary Counties:</E>
                     Cheatham, Chester, Clay, Davidson, Hardin, Henderson, Hickman, Lewis, Macon, McNairy, Perry, Sumner, Trousdale, Wayne, Williamson.
                </FP>
                <P>The Interest Rates are:</P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s30,8">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Percent</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Physical Damage:</E>
                        </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">
                            <E T="03">For Economic Injury:</E>
                        </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 21436B and for economic injury is 214370.</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 &amp; Resilience.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03134 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8026-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Highway Administration</SUBAGY>
                <DEPDOC>[Docket No. FHWA-2026-0166]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Notice of Request for Reinstatement of a Previously Approved Information Collection</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Highway Administration (FHWA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of request for reinstatement of a previously approved information collection.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for reinstatement of a previously approved information collection that is summarized below under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        . We are required to publish this notice in the 
                        <E T="04">Federal Register</E>
                         by the Paperwork Reduction Act of 1995.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Please submit comments by April 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by DOT Docket ID Number 0166 by any of the following methods:</P>
                    <P>
                        <E T="03">Website:</E>
                         For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Fax:</E>
                         1-202-493-2251.
                    </P>
                    <P>
                        <E T="03">Mail:</E>
                         Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
                    </P>
                    <P>
                        <E T="03">Hand Delivery or Courier:</E>
                         U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, 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>Alex Appel, (202) 591-5675, Office of Infrastructure, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 7 a.m. to 4 p.m., Monday through Friday, except Federal holidays.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     Emergency Relief Funding Applications.
                </P>
                <P>
                    <E T="03">OMB Control:</E>
                     2125-0525.
                </P>
                <P>
                    <E T="03">Background:</E>
                     Congress authorized in Title 23, United States Code, Section 125, a special program from the Highway Trust Fund for the repair or reconstruction of Federal-aid highways 
                    <PRTPAGE P="7621"/>
                    and roads on Federal lands which have suffered serious damage as a result of natural disasters or catastrophic failures from an external cause. This program, commonly referred to as the Emergency Relief or ER program, supplements the commitment of resources by States, their political subdivisions, or other Federal agencies to help pay for unusually heavy expenses resulting from extraordinary conditions. The applicability of the ER program to a natural disaster is based on the extent and intensity of the disaster. Damage to highways must be severe, occur over a wide area, and result in unusually high expenses to the highway agency. Examples of natural disasters include floods, hurricanes, earthquakes, tornadoes, tidal waves, severe storms, and landslides. Applicability of the ER program to a catastrophic failure due to an external cause is based on the criteria that the failure was not the result of an inherent flaw in the facility but was sudden, caused a disastrous impact on transportation services, and resulted in unusually high expenses to the highway agency. A bridge suddenly collapsing after being struck by a barge is an example of a catastrophic failure from an external cause. The ER program provides for repair and restoration of highway facilities to pre-disaster conditions. Restoration in kind is therefore the predominate type of repair expected to be accomplished with ER funds. Generally, all elements of the damaged highway within its cross section are eligible for ER funds. Roadway items that are eligible may include: pavement, shoulders, slopes and embankments, guardrail, signs and traffic control devices, bridges, culverts, bike and pedestrian paths, fencing, and retaining walls. Other eligible items may include: Engineering and right-of-way costs, debris removal, transportation system management strategies, administrative expenses, and equipment rental expenses. This information collection is needed for the FHWA to fulfill its statutory obligations regarding funding determinations for ER eligible damages following a disaster. The regulations covering the FHWA ER program are contained in 23 CFR part 668.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     50 State DOTs, the District of Columbia, Commonwealth of Puerto Rico, United States territories of American Samoa, Guam, N Marina Is., and the Virgin Islands (4 territories), etc.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     Semiannually.
                </P>
                <P>
                    <E T="03">Estimated Average Burden per Response:</E>
                     The respondents submit an estimated total of 40 applications each year. Each application requires an estimated average of 250 hours to complete.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     Total estimated average annual burden is 10,000 hours.
                </P>
                <P>
                    <E T="03">Public Comments Invited:</E>
                     You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA's performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, 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">Authority:</E>
                     The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended; and 49 CFR 1.48.
                </P>
                <SIG>
                    <DATED>Issued on: February 12, 2026.</DATED>
                    <NAME>Jazmyne Lewis,</NAME>
                    <TITLE>Information Collection Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03087 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Motor Carrier Safety Administration</SUBAGY>
                <DEPDOC>[Docket No. FMCSA-2026-0199]</DEPDOC>
                <SUBJECT>Parts and Accessories Necessary for Safe Operation; Application for Exemption From Truck-Lite Co., LLC</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of application for exemption; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption submitted by Truck-Lite Co., LLC (Truck-Lite) to allow motor carriers to install auxiliary amber brake-activated pulsating warning lamps on the rear of commercial trucks and trailers in addition to the steady-burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by Docket Number FMCSA-2026-0199 by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: www.regulations.gov.</E>
                         See the Public Participation and Request for Comments section below for further information.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         (202) 493-2251.
                    </P>
                    <P>
                        Each submission must include the Agency name and the docket number (FMCSA-2026-0199) for this notice. Note that DOT posts all comments received without change to 
                        <E T="03">www.regulations.gov,</E>
                         including any personal information included in a comment. Please see the Privacy Act heading below.
                    </P>
                    <P>
                        <E T="03">Privacy Act:</E>
                         In accordance with 49 U.S.C. 31315(b), DOT solicits comments from the public to better inform its exemption process. DOT posts these comments, including any personal information the commenter provides, to 
                        <E T="03">www.regulations.gov,</E>
                         as described in the system of records notice DOT/ALL 14—FDMS (Federal Docket Management System (FDMS)), which can be reviewed at 
                        <E T="03">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices.</E>
                         The comments are posted without edit and are searchable by the name of the submitter.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. David Sutula, Chief, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, FMCSA; (202) 961-1373, or 
                        <E T="03">MCPSV@dot.gov.</E>
                         If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366-9826.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Public Participation and Request for Comments</HD>
                <P>FMCSA encourages you to participate by submitting comments and related materials.</P>
                <HD SOURCE="HD2">A. Submitting Comments</HD>
                <P>
                    If you submit a comment, please include the docket number for this notice (FMCSA-2026-0199), indicate the specific section of this document to which your comment applies, and provide a reason for your suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency 
                    <PRTPAGE P="7622"/>
                    can contact you if it has questions regarding your submission.
                </P>
                <P>
                    To submit your comment online, go to 
                    <E T="03">https://www.regulations.gov/docket/FMCSA-2026-0199/document,</E>
                     click on this notice, click “Comment,” and type your comment into the text box on the following screen.
                </P>
                <P>
                    If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8
                    <FR>1/2</FR>
                     by 11 inches, suitable for copying and electronic filing.
                </P>
                <P>FMCSA will consider all comments and material received during the comment period. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable.</P>
                <HD SOURCE="HD2">B. Confidential Business Information (CBI)</HD>
                <P>
                    CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at 
                    <E T="03">brian.g.dahlin@dot.gov.</E>
                     At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice.
                </P>
                <HD SOURCE="HD2">C. Viewing Comments and Documents</HD>
                <P>
                    To view any documents mentioned as being available in the docket, go to 
                    <E T="03">https://www.regulations.gov/docket/FMCSA-2026-0199/document</E>
                     and choose the document to review. To view comments, click this notice, then click “Browse Comments.” If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in room W58-213 of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
                </P>
                <HD SOURCE="HD1">II. Legal Basis</HD>
                <P>
                    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from the FMCSRs. FMCSA must publish a notice of each exemption request in the 
                    <E T="04">Federal Register</E>
                     (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the applicant's safety analysis. The Agency must provide an opportunity for public comment on the request.
                </P>
                <P>
                    The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved without the exemption, pursuant to the standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish its decision in the 
                    <E T="04">Federal Register</E>
                     (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt, the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
                </P>
                <HD SOURCE="HD1">III. Applicant's Request</HD>
                <HD SOURCE="HD2">Current Regulatory Requirements</HD>
                <P>FMCSA requires in 49 CFR 393.25(e) that all exterior lamps (both required lamps and any additional lamps) shall be steady-burning with the exception of turn signal lamps; hazard warning signal lamps; school bus warning lamps; amber warning lamps or flashing warning lamps on tow trucks and commercial motor vehicles transporting oversized loads; and warning lamps on emergency and service vehicles authorized by State or local authorities.</P>
                <HD SOURCE="HD2">Applicant's Request</HD>
                <P>
                    Truck-Lite has applied for an exemption from § 393.25(e) to allow motor carriers to continue to operate 
                    <SU>1</SU>
                    <FTREF/>
                     CMVs equipped with Truck-Lite or ECCO branded auxiliary amber brake-activated pulsating warning lamps on the rear of commercial trucks and trailers. The subject auxiliary lamp operates as a Class II amber strobe that pulsates (up to four seconds) with each application of the service brake and then transitions to a steady burning red signal; the auxiliary lamps remain off when the brake circuit is inactive. These auxiliary lamps would be used in addition to the steady-burning brake lamps required by the FMCSRs.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Motor carriers were previously able to equip and operate CMVs with Truck-Lite's brake-activated, pulsating auxiliary lamps under an exemption that expired on December 2, 2025. 
                        <E T="03">See</E>
                         Docket No. FMCSA-2020-0122.
                    </P>
                </FTNT>
                <P>Truck Lite cites FMCSA research, FMCSA Report No. FMCSA-RRT-13-009 (Apr. 2014) to support the potential safety benefits of using the Truck-Lite brake-activated, pulsating auxiliary lamps.</P>
                <P>
                    Truck-Lite notes that FMCSA has previously granted temporary exemptions for similar brake-activated, pulsating auxiliary lamps (
                    <E T="03">e.g.,</E>
                     Docket Nos. FMCSA-2020-0122; FMCSA-2019-0260; FMCSA-2018-0223), and that field experience and docketed operator reports for lamps operating under those exemptions show decreases in rear-end events and otherwise support a finding that such lamps provide an equivalent or greater level of safety compared to vehicles without the lamps.
                </P>
                <P>Truck-Lite states the subject lamps meet the lamp specifications, performance characteristics, and mounting location requirements described in the prior exemption in Docket No. FMCSA-2020-0122 (which expired in December 2025), and are designed to pulsate in amber for up to four seconds before transitioning to steady red. ECCO (a sister company of Truck-Lite) intends to develop a similar lamp that will meet the same specifications. Accordingly, Truck-Lite requests that the exemption apply to both Truck-Lite and ECCO lamps as manufactured to the specifications stated in the prior exemption.</P>
                <P>
                    Truck-Lite proposes the exemption be conditioned as appropriate to preserve safety and monitoring, including but not limited to measures similar to prior exemptions. Examples include requiring that the subject auxiliary lamps be installed in addition to, and not as a replacement for, the required steady-burning brake lamps; requiring manufacturers or motor carriers deploying exempted lamps to maintain records of vehicles equipped with the subject lamps and to provide periodic reports to FMCSA on field incidents, warranty claims, and any safety-related complaints or recalls; and requiring conspicuous owner or operator information indicating the presence and operating characteristics of the auxiliary pulsating lamps.
                    <PRTPAGE P="7623"/>
                </P>
                <P>A copy of Truck-Lite's application for exemption, and all supporting materials, are available for review in the docket for this notice.</P>
                <HD SOURCE="HD1">IV. Request for Comments</HD>
                <P>In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on Truck-Lite's application for a 5-year exemption from 49 CFR 393.25(e). All comments received before the close of business on the comment closing date will be considered and will be available for examination in the docket at the location listed under the Viewing Comments and Documents section of this notice. Comments received after the comment closing date will be filed in the public docket and may be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material.</P>
                <SIG>
                    <NAME>Larry W. Minor,</NAME>
                    <TITLE>Associate Administrator for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03168 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-EX-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Railroad Administration</SUBAGY>
                <DEPDOC>[Docket No. FRA-2025-0062]</DEPDOC>
                <SUBJECT>Proposed Agency Information Collection Activities; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Railroad Administration (FRA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On December 3, 2025, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received zero comments in response to the notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find the particular ICR by selecting “Currently under Review—Open for Public Comments” or by using the search function.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Joanne Swafford, Information Collection Clearance Officer, at email: 
                        <E T="03">joanne.swafford@dot.gov</E>
                         or telephone: (757) 897-9908.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The PRA, 44 U.S.C. 3501-3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 
                    <E T="03">See</E>
                     44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On December 3, 2025, FRA published a 60-day notice in the 
                    <E T="04">Federal Register</E>
                     soliciting public comment on the ICR for which it is now seeking OMB approval. 
                    <E T="03">See</E>
                     90 FR 55778. FRA received zero comments related to the proposed collection of information.
                </P>
                <P>
                    Before OMB decides whether to approve this proposed collection of information, it must provide 30 days' notice for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b) and (c); 5 CFR 1320.12(d); 
                    <E T="03">see also</E>
                     60 FR 44978, 44983 (Aug. 29, 1995). The 30-day notice informs the regulated community of their opportunity to file relevant comments and affords the agency adequate time to consider public comments before it renders a decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect.
                </P>
                <P>Comments are invited on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA's estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology.</P>
                <P>The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires:</P>
                <P>
                    <E T="03">Title:</E>
                     Certification of Glazing Materials.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     2130-0525.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     Title 49 CFR part 223 contains requirements for certification and permanent marking of glazing materials by the manufacturer. The manufacturer must make test verification data available to railroads and to FRA upon request.
                </P>
                <P>
                    In this 30-day notice, FRA has revised the total responses and burden hours from those previously reported estimates in the 60-day notice.
                    <SU>1</SU>
                    <FTREF/>
                     After further review, the number of small hammers (or like tools or instruments) requiring markings under § 223.3 was reduced from 400 to 100. This estimate more accurately accounts for the loss and replacement of the small hammers and the limited number of cars that make use of this equipment for removing or breaking an emergency window. This reduced the overall total annual burden for this information collection from 262 hours to 55 hours annually.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         90 FR 55778.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Type of Request:</E>
                     Extension without change (with changes in estimates) of a currently approved collection.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Businesses (railroads and manufacturers of glazing materials).
                </P>
                <P>
                    <E T="03">Form(s):</E>
                     N/A.
                </P>
                <P>
                    <E T="03">Respondent Universe:</E>
                     25 railroads and 3 manufacturers.
                </P>
                <P>
                    <E T="03">Frequency of Submission:</E>
                     On occasion.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Responses:</E>
                     110.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Burden:</E>
                     55 hours.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Burden Hour Dollar Cost Equivalent:</E>
                     $3,925.65.
                </P>
                <P>FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information that does not display a currently valid OMB control number.</P>
                <P>
                    <E T="03">Authority:</E>
                     44 U.S.C. 3501-3520.
                </P>
                <SIG>
                    <NAME>Christopher S. Van Nostrand,</NAME>
                    <TITLE>Deputy Chief Counsel.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03148 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-06-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="7624"/>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Railroad Administration</SUBAGY>
                <DEPDOC>[Docket No. FRA-2025-0063]</DEPDOC>
                <SUBJECT>Proposed Agency Information Collection Activities; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Railroad Administration (FRA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On December 3, 2025, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received two comments that are not related to the notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find the particular ICR by selecting “Currently under Review—Open for Public Comments” or by using the search function.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Joanne Swafford, Information Collection Clearance Officer, at email: 
                        <E T="03">joanne.swafford@dot.gov</E>
                         or telephone: (757) 897-9908.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The PRA, 44 U.S.C. 3501-3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 
                    <E T="03">See</E>
                     44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On December 3, 2025, FRA published a 60-day notice in the 
                    <E T="04">Federal Register</E>
                     soliciting public comment on the ICR for which it is now seeking OMB approval. 
                    <E T="03">See</E>
                     90 FR 55776. FRA received zero comments related to the proposed collection of information.
                </P>
                <P>
                    Before OMB decides whether to approve this proposed collection of information, it must provide 30 days' notice for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b) and (c); 5 CFR 1320.12(d); 
                    <E T="03">see also</E>
                     60 FR 44978, 44983 (Aug. 29, 1995). The 30-day notice informs the regulated community of their opportunity to file relevant comments and affords the agency adequate time to consider public comments before it renders a decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect.
                </P>
                <P>Comments are invited on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA's estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology.</P>
                <P>The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires:</P>
                <P>
                    <E T="03">Title:</E>
                     Bridge Safety Standards.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     2130-0586.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The burden associated with § 214.105(c)(4), formerly covered under OMB Control No. 2130-0535, is now combined with the burden under OMB Control No. 2130-0586.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Abstract:</E>
                     Section 11405, “Bridge Inspection Reports,” of the Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-94, Dec. 4, 2015) provides a means for a State or a political subdivision of a State to obtain a public version of a bridge inspection report generated by a railroad for a bridge located within its respective jurisdiction. While the FAST Act specifies that requests for such reports are to be filed with the Secretary of Transportation, the responsibility for fulfilling these requests is delegated to FRA.
                    <SU>2</SU>
                    <FTREF/>
                     FRA developed a form titled “Bridge Inspection Report Public Version Request Form” (FRA F 6180.167) to facilitate such requests by States and their political subdivisions.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         49 CFR 1.89(a).
                    </P>
                </FTNT>
                <P>
                    The collection of information set forth under 49 CFR part 237 normalized and established Federal requirements for railroad bridges.
                    <SU>3</SU>
                    <FTREF/>
                     In particular, the collection of information is used by FRA to confirm that track owners adopt and implement bridge management programs (BMPs) to inspect, maintain, modify, and repair properly all bridges that carry trains for which they are responsible. Track owners must conduct annual inspections of railroad bridges, as well as special inspections that must be carried out if natural or accidental events cause conditions that warrant such inspections.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         75 FR 41281 (July 15, 2010).
                    </P>
                </FTNT>
                <P>Further, track owners must incorporate provisions for internal audits into their BMPs and must conduct internal audits of bridge inspection reports. FRA uses the information collected to ensure that track owners meet Federal standards for bridge safety and comply with all the requirements of part 237.</P>
                <P>In addition, the collection of information set forth under 49 CFR 214.105(c) establishes standards and practices for bridge worker safety net systems. Safety nets and net installations must be drop-tested at the job site after initial installation and before being used as a fall-protection system, after major repairs, and at 6-month intervals if left at one site. If a drop-test is not feasible and is not performed, then the railroad or railroad contractor, or a designated certified person, must provide written certification the net complies with the safety standards under § 214.105. FRA and State inspectors use this information to enforce Federal regulations. The information maintained at the job site promotes safe bridge worker practices while providing flexibility at bridge work job sites.</P>
                <P>
                    <E T="03">Type of Request:</E>
                     Extension without change of a currently approved collection.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Businesses (railroads and track owners), States, the District of Columbia (DC), and political subdivisions of States.
                </P>
                <P>
                    <E T="03">Form(s):</E>
                     FRA F 6180.167.
                </P>
                <P>
                    <E T="03">Respondent Universe:</E>
                     784 track owners, 50 States and DC, and 200 political subdivisions of States.
                </P>
                <P>
                    <E T="03">Frequency of Submission:</E>
                     On occasion and annual.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Responses:</E>
                     200,480.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Burden:</E>
                     34,616 hours.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Burden Hour Dollar Cost Equivalent:</E>
                     $3,085,383.04.
                </P>
                <P>
                    FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information that does not display a currently valid OMB control number.
                    <PRTPAGE P="7625"/>
                </P>
                <P>Authority: 44 U.S.C. 3501-3520.</P>
                <SIG>
                    <NAME>Christopher S. Van Nostrand,</NAME>
                    <TITLE>Deputy Chief Counsel.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03146 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-06-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Railroad Administration</SUBAGY>
                <DEPDOC>[Docket No. FRA-2025-0061]</DEPDOC>
                <SUBJECT>Proposed Agency Information Collection Activities; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Railroad Administration (FRA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On December 3, 2025, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received no comments in response to the notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find the particular ICR by selecting “Currently under Review—Open for Public Comments” or by using the search function.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Joanne Swafford, Information Collection Clearance Officer, at email: 
                        <E T="03">joanne.swafford@dot.gov</E>
                         or telephone: (757) 897-9908.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The PRA, 44 U.S.C. 3501-3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 
                    <E T="03">See</E>
                     44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On December 3, 2025, FRA published a 60-day notice in the 
                    <E T="04">Federal Register</E>
                     soliciting public comment on the ICR for which it is now seeking OMB approval. 
                    <E T="03">See</E>
                     90 FR 55774. FRA received zero comments related to the proposed collection of information.
                </P>
                <P>
                    Before OMB decides whether to approve this proposed collection of information, it must provide 30 days' notice for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b) and (c); 5 CFR 1320.12(d); 
                    <E T="03">see also</E>
                     60 FR 44978, 44983 (Aug. 29, 1995). The 30-day notice informs the regulated community of their opportunity to file relevant comments and affords the agency adequate time to consider public comments before it renders a decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect.
                </P>
                <P>Comments are invited on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA's estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology.</P>
                <P>The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires:</P>
                <P>
                    <E T="03">Title:</E>
                     Special Notice for Repairs.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     2130-0504.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     Under 49 CFR part 216, FRA and State inspectors may issue a Special Notice for Repairs to notify a railroad in writing of an unsafe condition involving a locomotive, car, or track. The railroad must notify FRA in writing when the equipment is returned to service or the track is restored to a condition permitting operations at speeds authorized for a higher class, specifying the repairs completed. FRA and State inspectors use this information to remove from service freight cars, passenger equipment, and locomotives until they can be restored to a serviceable condition. They also use this information to reduce the maximum authorized speed on a section of track until repairs can be made.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Extension without change of a currently approved collection.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Businesses.
                </P>
                <P>
                    <E T="03">Form(s):</E>
                     FRA F 6180.8; FRA F 6180.8a.
                </P>
                <P>
                    <E T="03">Respondent Universe:</E>
                     754 railroads.
                </P>
                <P>
                    <E T="03">Frequency of Submission:</E>
                     On occasion.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Responses:</E>
                     7.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Burden:</E>
                     3 hours.
                </P>
                <P>
                    <E T="03">Total Estimated Annual Burden Hour Dollar Cost Equivalent:</E>
                     $222.82.
                </P>
                <P>FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information that does not display a currently valid OMB control number.</P>
                <P>
                    <E T="03">Authority:</E>
                     44 U.S.C. 3501-3520.
                </P>
                <SIG>
                    <NAME>Christopher S. Van Nostrand,</NAME>
                    <TITLE>Deputy Chief Counsel.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03147 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-06-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Transit Administration</SUBAGY>
                <SUBJECT>Limitation on Claims Against Proposed Public Transportation Project —Buffalo-Amherst-Tonawanda Corridor Expansion Project, Buffalo, New York.</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Transit Administration (FTA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces final environmental actions taken by the Federal Transit Administration (FTA) regarding the Buffalo-Amherst-Tonawanda Corridor Expansion Project in Buffalo, New York. The purpose of this notice is to publicly announce FTA's environmental decisions on the subject project, and to activate the limitation on any claims that may challenge these final environmental actions.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>A claim seeking judicial review of FTA actions announced herein for the listed public transportation project will be barred unless the claim is filed on or before July 18, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>John Sautter, Attorney Advisor, Office of Chief Counsel, (212) 668-2180, or Saadat Khan, Environmental Protection Specialist, Office of Environmental Policy and Programs, (202) 366-6385. FTA is located at 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal holidays.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that FTA has taken final 
                    <PRTPAGE P="7626"/>
                    agency actions subject to 23 U.S.C. 139(l) by issuing certain approvals for the public transportation project listed below. The actions on the project, as well as the laws under which such actions were taken, are described in the documentation issued in connection with the project to comply with the National Environmental Policy Act (NEPA) and in other documents in the FTA environmental project files for the project. Interested parties may contact either the project sponsor or the relevant FTA Regional Office for more information. Contact information for FTA's Regional Offices may be found at 
                    <E T="03">https://www.transit.dot.gov/about/regional-offices/regional-offices.</E>
                </P>
                <P>
                    This notice applies to all FTA decisions on the listed project as of the issuance date of this notice and all laws under which such actions were taken, including, but not limited to, NEPA (42 U.S.C. 4321-4347), Section 4(f) requirements (49 U.S.C. 303), Section 106 of the National Historic Preservation Act (54 U.S.C. 306108), the Endangered Species Act (16 U.S.C. 1531), the Clean Water Act (33 U.S.C. 1251), the Uniform Relocation and Real Property Acquisition Policies Act (42 U.S.C. 4601), and the Clean Air Act (42 U.S.C. 7401-7671q). This notice does not, however, alter or extend the limitation period for challenges of project decisions subject to previous notices published in the 
                    <E T="04">Federal Register</E>
                    . The project actions that are the subject of this notice follow:
                </P>
                <P>
                    <E T="03">Project name and location:</E>
                     Buffalo-Amherst-Tonawanda Corridor Expansion Project, Buffalo, New York.
                </P>
                <P>
                    <E T="03">Project Sponsor:</E>
                     Niagara Frontier Transit Metro System, Inc. (Metro).
                </P>
                <P>
                    <E T="03">Project description:</E>
                     The Buffalo-Amherst-Tonawanda Corridor Expansion Project (Project) involves a seven-mile expansion of high-quality light rail transit service to Buffalo, Tonawanda and Amherst. The Project includes the construction of ten stations, two park-and-ride facilities, and an overnight storage and maintenance facility.
                </P>
                <P>
                    <E T="03">Final agency action:</E>
                     Section 106 No Adverse Effect determination, dated November 21, 2025; Section 4(f) 
                    <E T="03">de minimis</E>
                     impact determination, dated January 16, 2026; Combined Final Environmental Impact Statement (FEIS)/Record of Decision (ROD), dated January 30, 2026.
                </P>
                <P>
                    <E T="03">Supporting documentation:</E>
                     Buffalo-Amherst-Tonawanda Corridor Expansion Project Combined FEIS/ROD, dated January 30, 2026, and Buffalo-Amherst-Tonawanda Corridor Expansion Project Draft Environmental Impact Statement (DEIS), dated August 19, 2025. The Combined FEIS/ROD, DEIS, and supporting documents can be viewed and downloaded from: https://www.nftametrotransitexpansion.com/final_eis/
                </P>
                <P>
                    <E T="03">Authority:</E>
                     23 U.S.C. 139(l)(1).
                </P>
                <SIG>
                    <NAME>Megan Blum,</NAME>
                    <TITLE>Deputy Associate Administrator for Planning and Environment.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03137 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-57-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Maritime Administration</SUBAGY>
                <DEPDOC>[Docket No. MARAD-2026-0133]</DEPDOC>
                <SUBJECT>Request Notice: Use of Foreign-Built Small Passenger Vessel in United States Coastwise Trade, S/V ZELEE</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Maritime Administration (MARAD), U.S. Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Secretary of Transportation, as represented by MARAD, is authorized to make determinations regarding the coastwise use of foreign built; certain U.S. built; and U.S. and foreign rebuilt vessels that solely carry no more than twelve passengers for hire. MARAD has received such a determination request and is publishing this notice to solicit comments to assist with determining whether the proposed use of the vessel set forth in the request would have an adverse effect on U.S. vessel builders or U.S. coastwise trade businesses that use U.S.-built vessels in those businesses. Information about the requestor's vessel, including a description of the proposed service, is in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section below.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by DOT Docket Number MARAD-2026-0133 by any one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov.</E>
                         Search the above DOT Docket Number and follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail or Hand Delivery:</E>
                         Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.
                    </P>
                </ADD>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P> If you mail or hand-deliver your comments, we recommend that you include the DOT Docket Number, your name and a mailing address, an email address or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
                </NOTE>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the agency name and specific DOT Docket Number. All comments received will be posted without change to the docket at 
                    <E T="03">www.regulations.gov,</E>
                     including any personal information provided. For detailed instructions on submitting comments, or to submit comments that are confidential in nature, see the section entitled Public Participation.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Patricia Hagerty, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Mail Stop 2, MAR-620, Washington, DC 20590. Telephone: (202) 366-5400. Email: 
                        <E T="03">smallvessels@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Pursuant to 46 U.S.C. 12121(b), the U.S. Coast Guard may issue a certificate of documentation with a coastwise trade endorsement for eligible, small passenger vessels authorized to carry no more than 12 passengers for hire if MARAD, after notice and an opportunity for public comment, determines the use of the small passenger vessel in the coastwise trade will not adversely affect United States vessel builders or the coastwise trade business of any person that employs vessels built in the United States in that business.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The U.S. Coast Guard and MARAD have authority under 46 U.S.C. 12121(b) through the Secretary of the Department of Homeland Security and the Secretary of the Department of Transportation, respectively.
                    </P>
                </FTNT>
                <P>
                    MARAD has received an eligibility determination request. Further details about the requester's vessel and its proposed operations may be found in the determination request posted in the DOT Docket Number listed in the 
                    <E T="02">ADDRESSES</E>
                     section above at 
                    <E T="03">https://www.regulations.gov.</E>
                     Interested parties may comment on the undue adverse effect this action may have on U.S. vessel builders or coastwise trade businesses in the U.S. that employ U.S.-built vessels in those businesses. Comments should refer to the vessel name, state the commenter's interest in the request, and demonstrate, with supporting documentation, the undue adverse effect on U.S. vessel builders and coastwise trade businesses.
                    <PRTPAGE P="7627"/>
                </P>
                <HD SOURCE="HD1">Public Participation</HD>
                <HD SOURCE="HD2">How do I submit comments?</HD>
                <P>
                    Please submit comments, including the attachments, following the instructions provided under the above heading entitled 
                    <E T="02">ADDRESSES</E>
                    . It may take a few hours or even days for comments to be reflected on the docket. Comments must be written in English. Provide concise comments and attach additional documents as necessary. There is no limit on the length of the attachments.
                </P>
                <HD SOURCE="HD2">Where do I go to read public comments, and find supporting information?</HD>
                <P>
                    The docket online is located at 
                    <E T="03">https://www.regulations.gov,</E>
                     keyword search the DOT Docket Number list in the 
                    <E T="02">ADDRESSES</E>
                     section above or visit the Docket Management Facility (see 
                    <E T="02">ADDRESSES</E>
                     for hours of operation). Please periodically check the Docket for new submissions and supporting material.
                </P>
                <HD SOURCE="HD2">Will my comments be made available to the public?</HD>
                <P>Yes. Your entire comment, including your personal identifying information, will be made publicly available.</P>
                <HD SOURCE="HD2">May I submit comments confidentially?</HD>
                <P>
                    You may request that MARAD treat your comments as commercially confidential by submitting them to 
                    <E T="03">SmallVessels@dot.gov.</E>
                     Include in the email subject heading “Contains Confidential Commercial Information” or “Contains CCI” and state in your submission, with specificity, the basis for any such confidential treatment highlighting the CCI portions. If possible, please provide a summary of your submission that can be made available to the public.
                </P>
                <P>If MARAD receives a Freedom of Information Act (FOIA) request for the information, procedures described in the Department's FOIA regulation at 49 CFR 7.29 will be followed. Only information that is ultimately determined to be confidential under those procedures will be exempt from disclosure under FOIA.</P>
                <HD SOURCE="HD1">Privacy Act</HD>
                <P>
                    Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). For information on DOT's compliance with the Privacy Act, please visit 
                    <E T="03">https://www.transportation.gov/privacy.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 46 U.S.C. 12121, 49 CFR 1.93(a))</FP>
                </EXTRACT>
                <SIG>
                    <P>By Order of the Maritime Administrator.</P>
                    <NAME>T. Mitchell Hudson, Jr.,</NAME>
                    <TITLE>Secretary, Maritime Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03191 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-81-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Maritime Administration</SUBAGY>
                <DEPDOC>[Docket No. MARAD-2026-0136]</DEPDOC>
                <SUBJECT>Request Notice: Use of Foreign-Built Small Passenger Vessel in United States Coastwise Trade, M/V VINDICATED</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Maritime Administration (MARAD), U.S. Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Secretary of Transportation, as represented by MARAD, is authorized to make determinations regarding the coastwise use of foreign built; certain U.S. built; and U.S. and foreign rebuilt vessels that solely carry no more than twelve passengers for hire. MARAD has received such a determination request and is publishing this notice to solicit comments to assist with determining whether the proposed use of the vessel set forth in the request would have an adverse effect on U.S. vessel builders or U.S. coastwise trade businesses that use U.S.-built vessels in those businesses. Information about the requestor's vessel, including a description of the proposed service, is in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section below.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by DOT Docket Number MARAD-2026-0136 by any one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov.</E>
                         Search the above DOT Docket Number and follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail or Hand Delivery:</E>
                         Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.
                    </P>
                </ADD>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P>If you mail or hand-deliver your comments, we recommend that you include the DOT Docket Number, your name and a mailing address, an email address or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
                </NOTE>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the agency name and specific DOT Docket Number. All comments received will be posted without change to the docket at 
                    <E T="03">www.regulations.gov,</E>
                     including any personal information provided. For detailed instructions on submitting comments, or to submit comments that are confidential in nature, see the section entitled Public Participation.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Patricia Hagerty, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Mail Stop 2, MAR-620, Washington, DC 20590. Telephone: (202) 366-5400. Email: 
                        <E T="03">smallvessels@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Pursuant to 46 U.S.C. 12121(b), the U.S. Coast Guard may issue a certificate of documentation with a coastwise trade endorsement for eligible, small passenger vessels authorized to carry no more than 12 passengers for hire if MARAD, after notice and an opportunity for public comment, determines the use of the small passenger vessel in the coastwise trade will not adversely affect United States vessel builders or the coastwise trade business of any person that employs vessels built in the United States in that business.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The U.S. Coast Guard and MARAD have authority under 46 U.S.C. 12121(b) through the Secretary of the Department of Homeland Security and the Secretary of the Department of Transportation, respectively.
                    </P>
                </FTNT>
                <P>
                    MARAD has received an eligibility determination request. Further details about the requester's vessel and its proposed operations may be found in the determination request posted in the DOT Docket Number listed in the 
                    <E T="02">ADDRESSES</E>
                     section above at 
                    <E T="03">https://www.regulations.gov.</E>
                     Interested parties may comment on the undue adverse effect this action may have on U.S. vessel builders or coastwise trade businesses in the U.S. that employ U.S.-built vessels in those businesses. Comments should refer to the vessel name, state the commenter's interest in the request, and demonstrate, with supporting documentation, the undue adverse effect on U.S. vessel builders and coastwise trade businesses.
                </P>
                <HD SOURCE="HD1">Public Participation</HD>
                <HD SOURCE="HD2">How do I submit comments?</HD>
                <P>
                    Please submit comments, including the attachments, following the 
                    <PRTPAGE P="7628"/>
                    instructions provided under the above heading entitled 
                    <E T="02">ADDRESSES</E>
                    . It may take a few hours or even days for comments to be reflected on the docket. Comments must be written in English. Provide concise comments and attach additional documents as necessary. There is no limit on the length of the attachments.
                </P>
                <HD SOURCE="HD2">Where do I go to read public comments, and find supporting information?</HD>
                <P>
                    The docket online is located at 
                    <E T="03">https://www.regulations.gov,</E>
                     keyword search the DOT Docket Number list in the 
                    <E T="02">ADDRESSES</E>
                     section above or visit the Docket Management Facility (see 
                    <E T="02">ADDRESSES</E>
                     for hours of operation). Please periodically check the Docket for new submissions and supporting material.
                </P>
                <HD SOURCE="HD2">Will my comments be made available to the public?</HD>
                <P>Yes. Your entire comment, including your personal identifying information, will be made publicly available.</P>
                <HD SOURCE="HD2">May I submit comments confidentially?</HD>
                <P>
                    You may request that MARAD treat your comments as commercially confidential by submitting them to 
                    <E T="03">SmallVessels@dot.gov.</E>
                     Include in the email subject heading “Contains Confidential Commercial Information” or “Contains CCI” and state in your submission, with specificity, the basis for any such confidential treatment highlighting the CCI portions. If possible, please provide a summary of your submission that can be made available to the public.
                </P>
                <P>If MARAD receives a Freedom of Information Act (FOIA) request for the information, procedures described in the Department's FOIA regulation at 49 CFR 7.29 will be followed. Only information that is ultimately determined to be confidential under those procedures will be exempt from disclosure under FOIA.</P>
                <HD SOURCE="HD1">Privacy Act</HD>
                <P>
                    Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). For information on DOT's compliance with the Privacy Act, please visit 
                    <E T="03">https://www.transportation.gov/privacy.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 46 U.S.C. 12121, 49 CFR 1.93(a))</FP>
                </EXTRACT>
                <SIG>
                    <P>By Order of the Maritime Administration.</P>
                    <NAME>T. Mitchell Hudson, Jr.,</NAME>
                    <TITLE>Secretary, Maritime Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03190 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-81-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Maritime Administration</SUBAGY>
                <DEPDOC>[Docket No. MARAD-2026-0137]</DEPDOC>
                <SUBJECT>Request Notice: Use of Foreign-Built Small Passenger Vessel in United States Coastwise Trade, M/V SEAIRA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Maritime Administration (MARAD), U.S. Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Secretary of Transportation, as represented by MARAD, is authorized to make determinations regarding the coastwise use of foreign built; certain U.S. built; and U.S. and foreign rebuilt vessels that solely carry no more than twelve passengers for hire. MARAD has received such a determination request and is publishing this notice to solicit comments to assist with determining whether the proposed use of the vessel set forth in the request would have an adverse effect on U.S. vessel builders or U.S. coastwise trade businesses that use U.S.-built vessels in those businesses. Information about the requestor's vessel, including a description of the proposed service, is in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section below.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by DOT Docket Number MARAD-2026-0137 by any one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov.</E>
                         Search the above DOT Docket Number and follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail or Hand Delivery:</E>
                         Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.
                    </P>
                    <P/>
                </ADD>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P> If you mail or hand-deliver your comments, we recommend that you include the DOT Docket Number, your name and a mailing address, an email address or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
                </NOTE>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the agency name and specific DOT Docket Number. All comments received will be posted without change to the docket at 
                    <E T="03">www.regulations.gov,</E>
                     including any personal information provided. For detailed instructions on submitting comments, or to submit comments that are confidential in nature, see the section entitled Public Participation.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Patricia Hagerty, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Mail Stop 2, MAR-620, Washington, DC 20590. Telephone: (202) 366-5400. Email: 
                        <E T="03">smallvessels@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Pursuant to 46 U.S.C. 12121(b), the U.S. Coast Guard may issue a certificate of documentation with a coastwise trade endorsement for eligible, small passenger vessels authorized to carry no more than 12 passengers for hire if MARAD, after notice and an opportunity for public comment, determines the use of the small passenger vessel in the coastwise trade will not adversely affect United States vessel builders or the coastwise trade business of any person that employs vessels built in the United States in that business.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The U.S. Coast Guard and MARAD have authority under 46 U.S.C. 12121(b) through the Secretary of the Department of Homeland Security and the Secretary of the Department of Transportation, respectively.
                    </P>
                </FTNT>
                <P>
                    MARAD has received an eligibility determination request. Further details about the requester's vessel and its proposed operations may be found in the determination request posted in the DOT Docket Number listed in the 
                    <E T="02">ADDRESSES</E>
                     section above at 
                    <E T="03">https://www.regulations.gov.</E>
                     Interested parties may comment on the undue adverse effect this action may have on U.S. vessel builders or coastwise trade businesses in the U.S. that employ U.S.-built vessels in those businesses. Comments should refer to the vessel name, state the commenter's interest in the request, and demonstrate, with supporting documentation, the undue adverse effect on U.S. vessel builders and coastwise trade businesses.
                </P>
                <HD SOURCE="HD1">Public Participation</HD>
                <HD SOURCE="HD2">How do I submit comments?</HD>
                <P>
                    Please submit comments, including the attachments, following the instructions provided under the above heading entitled 
                    <E T="02">ADDRESSES</E>
                    . It may take a few hours or even days for comments to be reflected on the docket. Comments must be written in English. Provide concise comments and attach additional 
                    <PRTPAGE P="7629"/>
                    documents as necessary. There is no limit on the length of the attachments.
                </P>
                <HD SOURCE="HD2">Where do I go to read public comments, and find supporting information?</HD>
                <P>
                    The docket online is located at 
                    <E T="03">https://www.regulations.gov,</E>
                     keyword search the DOT Docket Number list in the 
                    <E T="02">ADDRESSES</E>
                     section above or visit the Docket Management Facility (see 
                    <E T="02">ADDRESSES</E>
                     for hours of operation). Please periodically check the Docket for new submissions and supporting material.
                </P>
                <HD SOURCE="HD2">Will my comments be made available to the public?</HD>
                <P>Yes. Your entire comment, including your personal identifying information, will be made publicly available.</P>
                <HD SOURCE="HD2">May I submit comments confidentially?</HD>
                <P>
                    You may request that MARAD treat your comments as commercially confidential by submitting them to 
                    <E T="03">SmallVessels@dot.gov.</E>
                     Include in the email subject heading “Contains Confidential Commercial Information” or “Contains CCI” and state in your submission, with specificity, the basis for any such confidential treatment highlighting the CCI portions. If possible, please provide a summary of your submission that can be made available to the public.
                </P>
                <P>If MARAD receives a Freedom of Information Act (FOIA) request for the information, procedures described in the Department's FOIA regulation at 49 CFR 7.29 will be followed. Only information that is ultimately determined to be confidential under those procedures will be exempt from disclosure under FOIA.</P>
                <HD SOURCE="HD1">Privacy Act</HD>
                <P>
                    Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). For information on DOT's compliance with the Privacy Act, please visit 
                    <E T="03">https://www.transportation.gov/privacy.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 46 U.S.C. 12121, 49 CFR 1.93(a).)</FP>
                </EXTRACT>
                <SIG>
                    <P>By Order of the Maritime Administrator.</P>
                    <NAME>T. Mitchell Hudson, Jr.,</NAME>
                    <TITLE>Secretary, Maritime Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03188 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-81-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Maritime Administration</SUBAGY>
                <DEPDOC>[Docket No. MARAD-2026-0134]</DEPDOC>
                <SUBJECT>Request Notice: Use of Foreign-Built Small Passenger Vessel in United States Coastwise Trade, M/V TAGGED AND RELEASED</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Maritime Administration (MARAD), U.S. Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Secretary of Transportation, as represented by MARAD, is authorized to make determinations regarding the coastwise use of foreign built; certain U.S. built; and U.S. and foreign rebuilt vessels that solely carry no more than twelve passengers for hire. MARAD has received such a determination request and is publishing this notice to solicit comments to assist with determining whether the proposed use of the vessel set forth in the request would have an adverse effect on U.S. vessel builders or U.S. coastwise trade businesses that use U.S.-built vessels in those businesses. Information about the requestor's vessel, including a description of the proposed service, is in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section below.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by DOT Docket Number MARAD-2026-0134 by any one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov.</E>
                         Search the above DOT Docket Number and follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail or Hand Delivery:</E>
                         Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.
                    </P>
                </ADD>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P>If you mail or hand-deliver your comments, we recommend that you include the DOT Docket Number, your name and a mailing address, an email address or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
                </NOTE>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the agency name and specific DOT Docket Number. All comments received will be posted without change to the docket at 
                    <E T="03">www.regulations.gov,</E>
                     including any personal information provided. For detailed instructions on submitting comments, or to submit comments that are confidential in nature, see the section entitled Public Participation.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Patricia Hagerty, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Mail Stop 2, MAR-620, Washington, DC 20590. Telephone: (202) 366-5400. Email: 
                        <E T="03">smallvessels@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Pursuant to 46 U.S.C. 12121(b), the U.S. Coast Guard may issue a certificate of documentation with a coastwise trade endorsement for eligible, small passenger vessels authorized to carry no more than 12 passengers for hire if MARAD, after notice and an opportunity for public comment, determines the use of the small passenger vessel in the coastwise trade will not adversely affect United States vessel builders or the coastwise trade business of any person that employs vessels built in the United States in that business.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The U.S. Coast Guard and MARAD have authority under 46 U.S.C. 12121(b) through the Secretary of the Department of Homeland Security and the Secretary of the Department of Transportation, respectively.
                    </P>
                </FTNT>
                <P>
                    MARAD has received an eligibility determination request. Further details about the requester's vessel and its proposed operations may be found in the determination request posted in the DOT Docket Number listed in the 
                    <E T="02">ADDRESSES</E>
                     section above at 
                    <E T="03">https://www.regulations.gov.</E>
                     Interested parties may comment on the undue adverse effect this action may have on U.S. vessel builders or coastwise trade businesses in the U.S. that employ U.S.-built vessels in those businesses. Comments should refer to the vessel name, state the commenter's interest in the request, and demonstrate, with supporting documentation, the undue adverse effect on U.S. vessel builders and coastwise trade businesses.
                </P>
                <HD SOURCE="HD1">Public Participation</HD>
                <HD SOURCE="HD2">How do I submit comments?</HD>
                <P>
                    Please submit comments, including the attachments, following the instructions provided under the above heading entitled 
                    <E T="02">ADDRESSES</E>
                    . It may take a few hours or even days for comments to be reflected on the docket. Comments must be written in English. Provide concise comments and attach additional 
                    <PRTPAGE P="7630"/>
                    documents as necessary. There is no limit on the length of the attachments.
                </P>
                <HD SOURCE="HD2">Where do I go to read public comments, and find supporting information?</HD>
                <P>
                    The docket online is located at 
                    <E T="03">https://www.regulations.gov,</E>
                     keyword search the DOT Docket Number list in the 
                    <E T="02">ADDRESSES</E>
                     section above or visit the Docket Management Facility (see 
                    <E T="02">ADDRESSES</E>
                     for hours of operation). Please periodically check the Docket for new submissions and supporting material.
                </P>
                <HD SOURCE="HD2">Will my comments be made available to the public?</HD>
                <P>Yes. Your entire comment, including your personal identifying information, will be made publicly available.</P>
                <HD SOURCE="HD2">May I submit comments confidentially?</HD>
                <P>
                    You may request that MARAD treat your comments as commercially confidential by submitting them to 
                    <E T="03">SmallVessels@dot.gov.</E>
                     Include in the email subject heading “Contains Confidential Commercial Information” or “Contains CCI” and state in your submission, with specificity, the basis for any such confidential treatment highlighting the CCI portions. If possible, please provide a summary of your submission that can be made available to the public.
                </P>
                <P>If MARAD receives a Freedom of Information Act (FOIA) request for the information, procedures described in the Department's FOIA regulation at 49 CFR 7.29 will be followed. Only information that is ultimately determined to be confidential under those procedures will be exempt from disclosure under FOIA.</P>
                <HD SOURCE="HD1">Privacy Act</HD>
                <P>
                    Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). For information on DOT's compliance with the Privacy Act, please visit 
                    <E T="03">https://www.transportation.gov/privacy.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 46 U.S.C. 12121, 49 CFR 1.93(a))</FP>
                </EXTRACT>
                <SIG>
                    <P>By Order of the Maritime Administrator.</P>
                    <NAME>T. Mitchell Hudson, Jr.,</NAME>
                    <TITLE>Secretary, Maritime Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03189 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-81-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Maritime Administration</SUBAGY>
                <DEPDOC>[Docket No. MARAD-2026-0135]</DEPDOC>
                <SUBJECT>Request Notice: Use of Foreign-Built Small Passenger Vessel in United States Coastwise Trade, M/V LIFE OF RILEY</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Maritime Administration (MARAD), U.S. Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Secretary of Transportation, as represented by MARAD, is authorized to make determinations regarding the coastwise use of foreign built; certain U.S. built; and U.S. and foreign rebuilt vessels that solely carry no more than twelve passengers for hire. MARAD has received such a determination request and is publishing this notice to solicit comments to assist with determining whether the proposed use of the vessel set forth in the request would have an adverse effect on U.S. vessel builders or U.S. coastwise trade businesses that use U.S.-built vessels in those businesses. Information about the requestor's vessel, including a description of the proposed service, is in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section below.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before March 20, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by DOT Docket Number MARAD-2026-0135 by any one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov.</E>
                         Search the above DOT Docket Number and follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail or Hand Delivery:</E>
                         Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140, Washington, DC 20590, between9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.
                    </P>
                </ADD>
                <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P>If you mail or hand-deliver your comments, we recommend that you include the DOT Docket Number, your name and a mailing address, an email address or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
                </NOTE>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the agency name and specific DOT Docket Number. All comments received will be posted without change to the docket at 
                    <E T="03">www.regulations.gov,</E>
                     including any personal information provided. For detailed instructions on submitting comments, or to submit comments that are confidential in nature, see the section entitled Public Participation.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Patricia Hagerty, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Mail Stop 2, MAR-620, Washington, DC 20590. Telephone: (202) 366-5400. Email: 
                        <E T="03">smallvessels@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Pursuant to 46 U.S.C. 12121(b), the U.S. Coast Guard may issue a certificate of documentation with a coastwise trade endorsement for eligible, small passenger vessels authorized to carry no more than 12 passengers for hire if MARAD, after notice and an opportunity for public comment, determines the use of the small passenger vessel in the coastwise trade will not adversely affect United States vessel builders or the coastwise trade business of any person that employs vessels built in the United States in that business.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The U.S. Coast Guard and MARAD have authority under 46 U.S.C. 12121(b) through the Secretary of the Department of Homeland Security and the Secretary of the Department of Transportation, respectively.
                    </P>
                </FTNT>
                <P>
                    MARAD has received an eligibility determination request. Further details about the requester's vessel and its proposed operations may be found in the determination request posted in the DOT Docket Number listed in the 
                    <E T="02">ADDRESSES</E>
                     section above at 
                    <E T="03">https://www.regulations.gov.</E>
                     Interested parties may comment on the undue adverse effect this action may have on U.S. vessel builders or coastwise trade businesses in the U.S. that employ U.S.-built vessels in those businesses. Comments should refer to the vessel name, state the commenter's interest in the request, and demonstrate, with supporting documentation, the undue adverse effect on U.S. vessel builders and coastwise trade businesses.
                </P>
                <HD SOURCE="HD1">Public Participation</HD>
                <HD SOURCE="HD2">How do I submit comments?</HD>
                <P>
                    Please submit comments, including the attachments, following the instructions provided under the above heading entitled 
                    <E T="02">ADDRESSES</E>
                    . It may take a few hours or even days for comments to be reflected on the docket. Comments must be written in English. Provide concise comments and attach additional 
                    <PRTPAGE P="7631"/>
                    documents as necessary. There is no limit on the length of the attachments.
                </P>
                <HD SOURCE="HD2">Where do I go to read public comments, and find supporting information?</HD>
                <P>
                    The docket online is located at 
                    <E T="03">https://www.regulations.gov,</E>
                     keyword search the DOT Docket Number list in the 
                    <E T="02">ADDRESSES</E>
                     section above or visit the Docket Management Facility (see 
                    <E T="02">ADDRESSES</E>
                     for hours of operation). Please periodically check the Docket for new submissions and supporting material.
                </P>
                <HD SOURCE="HD2">Will my comments be made available to the public?</HD>
                <P>Yes. Your entire comment, including your personal identifying information, will be made publicly available.</P>
                <HD SOURCE="HD2">May I submit comments confidentially?</HD>
                <P>
                    You may request that MARAD treat your comments as commercially confidential by submitting them to 
                    <E T="03">SmallVessels@dot.gov.</E>
                     Include in the email subject heading “Contains Confidential Commercial Information” or “Contains CCI” and state in your submission, with specificity, the basis for any such confidential treatment highlighting the CCI portions. If possible, please provide a summary of your submission that can be made available to the public.
                </P>
                <P>If MARAD receives a Freedom of Information Act (FOIA) request for the information, procedures described in the Department's FOIA regulation at 49 CFR 7.29 will be followed. Only information that is ultimately determined to be confidential under those procedures will be exempt from disclosure under FOIA.</P>
                <HD SOURCE="HD1">Privacy Act</HD>
                <P>
                    Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). For information on DOT's compliance with the Privacy Act, please visit 
                    <E T="03">https://www.transportation.gov/privacy.</E>
                </P>
                <EXTRACT>
                    <FP>(Authority: 46 U.S.C. 12121, 49 CFR 1.93(a).)</FP>
                </EXTRACT>
                <SIG>
                    <P>By Order of the Maritime Administrator.</P>
                    <NAME>T. Mitchell Hudson, Jr.,</NAME>
                    <TITLE>Secretary, Maritime Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-03192 Filed 2-17-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-81-P</BILCOD>
        </NOTICE>
    </NOTICES>
    <VOL>91</VOL>
    <NO>32</NO>
    <DATE>Wednesday, February 18, 2026</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="7633"/>
            <PARTNO>Part II</PARTNO>
            <AGENCY TYPE="P">Department of Justice</AGENCY>
            <SUBAGY>Antitrust Division</SUBAGY>
            <HRULE/>
            <TITLE>United States v. Reddy Ice LLC, et al.; Proposed Final Judgment and Competitive Impact Statement; Notice</TITLE>
        </PTITLE>
        <NOTICES>
            <NOTICE>
                <PREAMB>
                    <PRTPAGE P="7634"/>
                    <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                    <SUBAGY>Antitrust Division</SUBAGY>
                    <SUBJECT>United States v. Reddy Ice LLC, et al. Proposed Final Judgment and Competitive Impact Statement</SUBJECT>
                    <P>
                        Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h), that a proposed Final Judgment, Stipulation, and Competitive Impact Statement have been filed with the United States District Court for the District of Columbia in 
                        <E T="03">United States of America</E>
                         v. 
                        <E T="03">Reddy Ice LLC, et al.,</E>
                         Civil Action No. 1:26-cv-271. On January 30, 2026, the United States filed a Complaint alleging that Stone Canyon Industries Holdings, LP's Reddy Ice LLC's (“Reddy Ice”) proposed acquisition of Chill Parent Holdco, L.P.'s Chill Holdings, Inc. (“Arctic Glacier”) would violate Section 7 of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment, filed at the same time as the Complaint, requires Reddy Ice to divest assets in California, Massachusetts, New York, Oregon, and Washington to preserve competition for packaged ice sold to retail chains, airlines, and airline caterers in local markets.
                    </P>
                    <P>
                        Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection on the Antitrust Division's website at 
                        <E T="03">http://www.justice.gov/atr</E>
                         and at the Office of the Clerk of the United States District Court for the District of Columbia. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations.
                    </P>
                    <P>
                        Public comment is invited within 60 days of the date of this notice. Such comments, including the name of the submitter, and responses thereto, will be posted on the Antitrust Division's website, filed with the Court, and, under certain circumstances, published in the 
                        <E T="04">Federal Register</E>
                        . Comments should be submitted in English and directed to Jill Maguire, Acting Chief, Healthcare and Consumer Products Section, Antitrust Division, Department of Justice, 450 Fifth Street NW, Suite 4100, Washington, DC 20530 (email address: 
                        <E T="03">ATR.Public-Comments-Tunney-Act-MB@usdoj.gov</E>
                        ).
                    </P>
                    <SIG>
                        <NAME>Suzanne Morris,</NAME>
                        <TITLE>Deputy Director Civil Enforcement Operations, Antitrust Division.</TITLE>
                    </SIG>
                    <HD SOURCE="HD1">United States District Court for the District of Columbia</HD>
                    <EXTRACT>
                        <P>
                            <E T="03">United States of America, United States Department of Justice, Antitrust Division, 450 Fifth Street NW, Suite 4100, Washington, DC 20530,</E>
                             Plaintiff, v. 
                            <E T="03">REDDY ICE LLC, 5710 LBJ Freeway, Suite 300, Dallas, TX 75240, STONE CANYON INDUSTRIES HOLDINGS, LP, 1875 Century Park East, Suite 320, Los Angeles, CA 90067,</E>
                             and 
                            <E T="03">CHILL PARENT HOLDCO, L.P., 1001 Pennsylvania Ave. NW, Suite 220S, Washington, DC 20003</E>
                             Defendants.
                        </P>
                        <FP SOURCE="FP-1">Case No.: 1:26-cv-271-SLS</FP>
                    </EXTRACT>
                    <HD SOURCE="HD1">Complaint</HD>
                    <P>Reddy Ice seeks to acquire Arctic Glacier, combining the largest two producers of packaged ice in certain parts of the United States where they both compete. This proposed acquisition threatens to eliminate substantial head-to-head competition and risks increasing prices for packaged ice paid by retail chains in Oregon, Washington, and Imperial and Riverside counties in California, and also by airlines and airline caterers in the New York City and Boston metropolitan areas. The United States of America brings this civil action under Section 7 of the Clayton Act, 15 U.S.C. 18, to enjoin this anticompetitive merger.</P>
                    <HD SOURCE="HD1">I. Introduction</HD>
                    <P>1. Found at backyard cookouts and on cross-country flights, packaged (or bagged) ice is a staple of American life. Packaged ice producers sell packaged ice to national, regional, and multi-regional retail chains, airlines, and airline caterers, among other customers. These large ice purchasers require high-quality service from packaged ice producers. Retail chains want ice reliably stocked in their stores, particularly during the summer months, and airlines need ice to serve their customers during in-flight beverage services.</P>
                    <P>2. Packaged ice producers, such as Reddy Ice and Arctic Glacier, deliver ice to their customers or customers' warehouses directly from their plants or distribution facilities. Reddy Ice and Arctic Glacier also contract with other ice producers, called co-packers, who manufacture and deliver ice to some of Reddy Ice's and Arctic Glacier's customers, typically to locations outside of Reddy Ice's and Arctic Glacier's facility footprints. Working with co-packers can keep down the costs of transport, which can be high due to packaged ice's high volume and weight relative to its sales price, as well as the expense of fuel and refrigeration.</P>
                    <P>3. The packaged ice industry has undergone significant consolidation resulting in there being three large packaged ice producers—Reddy Ice, Arctic Glacier, and Home City Ice—having largely complementary footprints in the United States, although they do overlap in some geographic areas. Reddy Ice's packaged ice facilities are located in the Southeast, South, and parts of the West and West Coast; Arctic Glacier's packaged ice facilities are located in the Northeast, parts of the Midwest, and on the West Coast; and Home City Ice's packaged ice facilities are located in the Midwest and in parts of the Mid-Atlantic and Southeast.</P>
                    <P>4. Competition between Reddy Ice and Arctic Glacier for the sale of packaged ice to large purchasers such as retail chains, airlines, and airline caterers has resulted in lower prices and better service for these customers. The proposed acquisition would substantially lessen this competition, in violation of Section 7 of the Clayton Act, 15 U.S.C. 18, and should be enjoined.</P>
                    <HD SOURCE="HD1">II. The Defendants and the Proposed Transaction</HD>
                    <P>5. Reddy Ice is the largest producer of packaged ice in the United States with annual revenues of approximately $511 million. It is headquartered in Dallas, Texas, and is owned by Stone Canyon Industries Holdings, LP. The company sells packaged ice in 37 states and the District of Columbia. It operates 100 ice manufacturing facilities and distribution facilities in the United States. Reddy Ice also owns approximately 2,320 in-store bagging machines that produce and package ice for retail chains like grocery stores and convenience stores.</P>
                    <P>6. Arctic Glacier is the third largest packaged ice producer in the United States with annual revenues of approximately $306 million. It has dual headquarters in Bala Cynwyd, Pennsylvania, and Winnipeg, Canada. Arctic Glacier's ultimate parent entity is Chill Parent Holdco, L.P., which the Carlyle Group owns. Arctic Glacier sells its packaged ice in 19 states. It operates 57 ice manufacturing facilities and distribution facilities in the United States.</P>
                    <P>7. On July 3, 2025, Reddy Ice and Arctic Glacier executed a purchase agreement through which Reddy Ice will acquire Arctic Glacier for more than $126.4 million but less than $179.4 million.</P>
                    <HD SOURCE="HD1">III. The Relevant Markets for Evaluating the Proposed Transaction</HD>
                    <P>
                        8. Commercial purchasers of packaged ice, such as large retail chains and other multi-location customers, strongly prefer to purchase from large producers with broad geographic footprints, such as Reddy Ice, Arctic Glacier, and Home City Ice. These producers operate at scale and are uniquely capable of serving these multi-location retail 
                        <PRTPAGE P="7635"/>
                        chains and other customers because they each have large regional networks with dozens of manufacturing and distribution facilities. While there are hundreds of smaller local packaged ice producers, most have only a single facility and are therefore generally unable to compete for the business of multi-location customers.
                    </P>
                    <P>9. Reddy Ice and Arctic Glacier compete for the sale of packaged ice in areas where they are both present, either with a manufacturing facility or through a co-packer. In assessing the likely effects of this transaction, the relevant markets are best defined by the type and locations of the customers purchasing the packaged ice. Those markets include (1) the sale of packaged ice to retail chains with stores in areas where the parties compete, and (2) the sale of packaged ice to airlines and airline caterers in areas where the parties compete.</P>
                    <HD SOURCE="HD2">A. The Sale of Packaged Ice to Retail Chains in Oregon, Washington, and Imperial and Riverside Counties in California Are Relevant Markets</HD>
                    <P>10. The sale of packaged ice to retail chains is a relevant product market. There are no reasonable substitutes for packaged ice sold to retail chains. For most retail chains, alternative ways of procuring ice—such as ice vending machines and self-supply—are not viable due to cost, capacity, and space limitations.</P>
                    <P>11. Packaged ice producers negotiate individual prices with retail chains for delivery of packaged ice to multiple stores. Retail chains with stores in locations where the parties compete can therefore be targeted for price increases. Similarly situated retail chains can be grouped together for analytical convenience to assess the competitive effects of the transaction. The relevant geographic markets in which retail chains will likely be harmed by the proposed transaction are the locations of these similarly situated targetable customers in Oregon, Washington, and Imperial and Riverside counties in California.</P>
                    <P>12. Retail chains in these markets generally do not consider small and single-location packaged ice producers as viable options, so they often rely on large packaged ice producers with broad geographic footprints for packaged ice supply. Retail chains in these markets often prefer to contract with large packaged ice producers because they have the ability to serve stores across multiple geographies. Other reasons include volume discounts; proven ability to serve large customers; the administrative simplicity of fewer suppliers; and the ability of large packaged ice producers to supply back-up ice from alternative facilities.</P>
                    <P>13. A hypothetical monopolist supplier of packaged ice to retail chains in Oregon, Washington, and Imperial and Riverside counties in California would profitably increase prices by at least a small but significant non-transitory amount because retail chains in these areas have no practical alternative source of supply. Therefore, the sale of packaged ice to retail chains in Oregon, Washington, and Imperial and Riverside counties in California are relevant markets within the meaning of Section 7 of the Clayton Act.</P>
                    <HD SOURCE="HD2">B. The Sale of Packaged Ice to Airlines and Airline Caterers in the Metropolitan Areas of Boston and New York City Are Relevant Markets</HD>
                    <P>14. The sale of packaged ice to airlines and airline caterers is a relevant product market. There are no reasonable substitutes for packaged ice sold to airlines and airline caterers. Airlines and airline caterers buy packaged ice primarily to supply the ice used during in-flight beverage services. Unlike retail chains, most airlines and airline caterers purchase smaller, five-pound bags in heat-sealed bags, which require different machinery that many ice producers do not have, rather than the typical seven-pound (or larger) bags sold to retail chains. Ice vending machines and self-supply of packaged ice are not viable alternatives for most airlines and airline caterers due to cost, capacity, and space limitations.</P>
                    <P>15. Packaged ice producers negotiate individual prices with airlines and airline caterers for delivery to airports. Airlines and airline caterers in locations where the parties compete can therefore be targeted for price increases. Similarly situated airlines and airline caterers can be grouped together to assess the effects of the transaction. The relevant geographic markets in which airlines and airline caterers will likely be harmed by the proposed transaction are the locations of these similarly situated targetable customers in the metropolitan areas of Boston and New York City.</P>
                    <P>16. Airlines and airline caterers in these markets generally do not consider small, local packaged ice producers as viable options, so they rely mainly on large packaged ice producers capable of producing high volumes of five-pound heat-sealed bags for packaged ice supply.</P>
                    <P>17. A hypothetical monopolist supplier of packaged ice to airlines and airline caterers in the metropolitan areas of Boston and New York City would profitably increase prices by at least a small but significant non-transitory amount because airlines and airline caterers in these areas have no practical alternative source of supply. Therefore, the sale of packaged ice to airlines and airline caterers in these areas are relevant markets within the meaning of Section 7 of the Clayton Act.</P>
                    <HD SOURCE="HD1">IV. Anticompetitive Effects of the Proposed Transaction</HD>
                    <P>18. The proposed transaction would combine Reddy Ice and Arctic Glacier, the largest packaged ice producers capable of servicing, whether directly or through co-packers, most retail chains, airlines, and airline caterers in the relevant geographic markets.</P>
                    <P>19. In each of the relevant markets, Reddy Ice and Arctic Glacier compete head to head to sell packaged ice. Competition between them lowers prices and improves service in the relevant markets. Many customers solicit bids from packaged ice producers and select the bidder that offers the best combination of service quality and price. Even customers who use less formal procurement processes benefit from the competition between these two large producers on price and quality of service.</P>
                    <P>20. Smaller local ice producers are typically not invited to bid on business from retail chains, airlines, or airline caterers. These customers can usually arrange more convenient supply to all of their locations, nationally or regionally, by contracting with larger packaged ice producers such as Reddy Ice and Arctic Glacier. Many of these customers are also reluctant to incur the additional risks and administrative costs of adding contracts with untested small producers that can only deliver locally.</P>
                    <P>21. Because the proposed transaction would eliminate head-to-head competition between Reddy Ice and Arctic Glacier and leave retail chains, airlines, and airline caterers in the relevant markets with few, if any, competitive alternatives, it is likely to significantly lessen competition and lead to higher prices, reduced service quality, or both.</P>
                    <HD SOURCE="HD1">V. Potential Entry or Expansion Would Not Offset Anticompetitive Effects</HD>
                    <P>
                        22. New entry and expansion by competitors are unlikely to be timely and sufficient to offset the proposed merger's likely anticompetitive effects. Barriers to entering the market at sufficient scale are high. Significant up-front capital is required to start a network of production facilities with the scale needed to meaningfully compete with the combined firm. There are also reputational barriers that prevent new 
                        <PRTPAGE P="7636"/>
                        entrants from replacing the lost competition between these large and established suppliers in a timely manner.
                    </P>
                    <P>23. The proposed transaction is unlikely to generate verifiable, merger-specific efficiencies sufficient to reverse or outweigh the anticompetitive effects that are likely to occur as a result of the proposed transaction.</P>
                    <HD SOURCE="HD1">VI. Jurisdiction and Venue</HD>
                    <P>24. The United States brings this action pursuant to Section 15 of the Clayton Act, as amended, 15 U.S.C. 25, to prevent and restrain Defendants from violating Section 7 of the Clayton Act, as amended, 15 U.S.C. 18.</P>
                    <P>25. Defendants sell packaged ice in the flow of interstate commerce and their sale of the product substantially affects interstate commerce, including in this judicial district. This court therefore has subject matter jurisdiction over this action pursuant to Section 15 of the Clayton Act, 15 U.S.C. 25, and 28 U.S.C. 1331, 1337(a), and 1345.</P>
                    <P>26. Both Defendants transact business in this judicial district. Venue is therefore proper in this judicial district under 28 U.S.C. 1391(b) and (c).</P>
                    <HD SOURCE="HD1">VII. Violation Alleged</HD>
                    <P>27. The United States hereby incorporates the allegations of paragraphs 1 through 26 above as if set forth fully herein.</P>
                    <P>28. The effect of the proposed transaction may be substantially to lessen competition in interstate trade and commerce, in violation of Section 7 of the Clayton Act, 15 U.S.C. 18.</P>
                    <P>29. Unless enjoined, the proposed transaction would likely have the following anticompetitive effects, among others:</P>
                    <P>(a) Eliminating head-to-head competition between Defendants for packaged ice sold to retail chains, airlines, and airline caterers in the relevant markets;</P>
                    <P>(b) Substantially lessening competition generally for packaged ice sold to retail chains, airlines, and airline caterers in the relevant markets;</P>
                    <P>(c) Causing prices to be higher than they would be otherwise for packaged ice sold to retail chains, airlines, and airline caterers in the relevant markets; and</P>
                    <P>(d) Reducing choice and quality of service for customers purchasing packaged ice in the relevant markets.</P>
                    <HD SOURCE="HD1">VIII. Request For Relief</HD>
                    <P>30. The United States requests that this Court:</P>
                    <P>(a) Adjudge and decree that Reddy Ice's acquisition of Arctic Glacier is unlawful and violates Section 7 of the Clayton Act, 15 U.S.C. 18;</P>
                    <P>(b) Permanently enjoin and restrain Defendants and all persons acting on their behalf from consummating the proposed acquisition of Arctic Glacier by Reddy Ice, or from entering into or carrying out any contract, agreement, plan, or understanding, the effect of which would be to combine Arctic Glacier and Reddy Ice;</P>
                    <P>(c) Award the United States its costs for this action; and</P>
                    <P>(d) Award the United States such other and further relief as the Court deems just and proper.</P>
                    <FP>Dated: January 30, 2026</FP>
                    <FP>Respectfully submitted,</FP>
                    <FP>FOR PLAINTIFF UNITED STATES OF AMERICA:</FP>
                    <FP>ABIGAIL A. SLATER (D.C. Bar #90027189)</FP>
                    <FP>
                        <E T="03">Assistant Attorney General</E>
                    </FP>
                    <FP>MARK H. HAMER (D.C. Bar #1048333)</FP>
                    <FP>
                        <E T="03">Deputy Assistant Attorney General</E>
                    </FP>
                    <FP>GEORGE C. NIERLICH (D.C. Bar #1004528)</FP>
                    <FP>
                        <E T="03">Acting Director of Civil Enforcement (Mergers)</E>
                    </FP>
                    <FP>JILL C. MAGUIRE (D.C. Bar #979595)</FP>
                    <FP>
                        <E T="03">Acting Chief, Healthcare and Consumer Products Section</E>
                    </FP>
                    <FP>MEAGHAN GRIFFITH (D.C. Bar #1034228)</FP>
                    <FP>
                        <E T="03">Acting Assistant Chief, Healthcare and Consumer Products Section</E>
                    </FP>
                    <FP SOURCE="FP-DASH"/>
                    <FP>NATALIE MELADA*</FP>
                    <FP>NICOLE CULLEN</FP>
                    <FP>JUSTIN DEMPSEY (D.C. Bar #425976)</FP>
                    <FP>DAVID GROSSMAN (D.C. Bar #1601691)</FP>
                    <FP>CHRIS HONG</FP>
                    <FP>BARRY JOYCE</FP>
                    <FP>STELLA MARTIN (D.C. Bar #90029539)</FP>
                    <FP>
                        <E T="03">Trial Attorneys</E>
                    </FP>
                    <FP>U.S. Department of Justice</FP>
                    <FP>Antitrust Division</FP>
                    <FP>Healthcare and Consumer Products Section</FP>
                    <FP>450 Fifth Street NW, Suite 4100</FP>
                    <FP>Washington, DC 20530</FP>
                    <FP>Tel.: (202) 705-9116</FP>
                    <FP>
                        Email: 
                        <E T="03">natalie.melada@usdoj.gov</E>
                    </FP>
                    <FP>* LEAD ATTORNEY TO BE NOTICED</FP>
                    <HD SOURCE="HD1">United States District Court for the District of Columbia</HD>
                    <EXTRACT>
                        <P>
                            <E T="03">United States of America,</E>
                             Plaintiff, v. 
                            <E T="03">Reddy Ice LLC, Stone Canyon Industries Holdings, LP,</E>
                             and 
                            <E T="03">Chill Parent Holdco, L.P.,</E>
                             Defendants.
                        </P>
                        <FP SOURCE="FP-1">Case No.: 1:26-cv-271-SLS</FP>
                    </EXTRACT>
                    <HD SOURCE="HD1">Proposed Final Judgment</HD>
                    <P>
                        <E T="03">Whereas,</E>
                         Plaintiff, United States of America, filed its Complaint on January 30, 2026;
                    </P>
                    <P>
                        <E T="03">And whereas,</E>
                         the United States and Defendants, Reddy Ice LLC, Stone Canyon Industries Holdings, LP, and Chill Parent Holdco, L.P., have consented to entry of this Final Judgment without the taking of testimony, without trial or adjudication of any issue of fact or law, and without this Final Judgment constituting any evidence against or admission by any party relating to any issue of fact or law;
                    </P>
                    <P>
                        <E T="03">And whereas,</E>
                         Defendants agree to make certain divestitures and to undertake certain actions related to the divestitures to remedy the loss of competition alleged in the Complaint;
                    </P>
                    <P>
                        <E T="03">And whereas,</E>
                         Defendants represent that the divestitures and other relief required by this Final Judgment can and will be made and that Defendants will not later raise a claim of hardship or difficulty as grounds for asking the Court to modify any provision of this Final Judgment;
                    </P>
                    <P>
                        <E T="03">Now therefore, it is ordered, adjudged, and decreed:</E>
                    </P>
                    <HD SOURCE="HD1">I. Jurisdiction</HD>
                    <P>The Court has jurisdiction over the subject matter of and each of the parties to this action. The Complaint states a claim upon which relief may be granted against Defendants under Section 7 of the Clayton Act (15 U.S.C. 18).</P>
                    <HD SOURCE="HD1">II. Definitions</HD>
                    <P>As used in this Final Judgment:</P>
                    <P>A. “Acquirer” or “Acquirers” means Columbia Basin Ice; Dee Zee Ice; Natuzzi Ice; Oregon Ice; San Diego Ice; or another entity or entities approved by the United States in its sole discretion to which Defendants divest the Divestiture Assets.</P>
                    <P>B. “Acquirer of the California Divestiture Assets” means San Diego Ice or another entity approved by the United States in its sole discretion to which Defendants divest the California Divestiture Assets.</P>
                    <P>C. “Acquirer of the Massachusetts Divestiture Assets” means Dee Zee Ice or another entity approved by the United States in its sole discretion to which Defendants divest the Massachusetts Divestiture Assets.</P>
                    <P>D. “Acquirer of the New York Divestiture Assets” means Natuzzi Ice or another entity approved by the United States in its sole discretion to which Defendants divest the New York Divestiture Assets.</P>
                    <P>E. “Acquirer of the Oregon Divestiture Assets” means Oregon Ice or another entity approved by the United States in its sole discretion to which Defendants divest the Oregon Divestiture Assets.</P>
                    <P>
                        F. “Acquirer of the Washington Divestiture Assets” means Columbia 
                        <PRTPAGE P="7637"/>
                        Basin Ice or another entity approved by the United States in its sole discretion to which Defendants divest the Washington Divestiture Assets.
                    </P>
                    <P>G. “Arctic Glacier” means Defendant Chill Parent Holdco, L.P., a limited partnership with its headquarters in Washington, DC and Chill Holdings, Inc., a Delaware corporation with its headquarters in Wilmington, DE, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees.</P>
                    <P>H. “California Divestiture Assets” means all of Defendants' rights, titles, and interests in and to all property and assets, tangible and intangible, wherever located, relating to or used in connection with the manufacture and sale of packaged ice by Reddy Ice to customers and locations listed in Schedule 1 to this Final Judgment, except for the Excluded California Assets, including:</P>
                    <P>1. the lease effective August 21, 2017, between Shaba Investments, Inc. (formerly Leslie Whitted and Robert Whitted) and Reddy Ice LLC (formerly Reddy Ice Corporation) for the premises located at 462 North 8th Street, Brawley, CA 92227;</P>
                    <P>2. any real property, including fee simple interests, real property leasehold interests and renewal rights thereto, improvements to real property, and options to purchase any adjoining or other property, together with all buildings, facilities, and other structures;</P>
                    <P>3. all tangible personal property, including fixed assets, machinery and manufacturing equipment, tools, vehicles, inventory, materials, office equipment and furniture, computer hardware, and supplies;</P>
                    <P>4. all ice merchandisers provided to customers listed in Schedule 1 to this Final Judgment as of California Divestiture Date;</P>
                    <P>5. all contracts, contractual rights, and customer relationships, and all other agreements, commitments, and understandings, including all pending sales and purchase orders for goods that have not yet been delivered as of California Divestiture Date, agreements with suppliers, manufacturers, distributors, co-packers, and retailers, and leases, and all outstanding offers or solicitations to enter into similar arrangements;</P>
                    <P>6. all licenses, permits, certifications, approvals, consents, registrations, waivers, and authorizations, including those issued or granted by any governmental organization, and all pending applications or renewals; and</P>
                    <P>7. all records and data, including (a) customer lists, locations, contact information, accounts, sales, and credit records for customers listed in Schedule 1 to this Final Judgment, (b) production, repair, maintenance, and performance records, and (c) manuals and technical information Defendants provide to their own employees, customers, suppliers, agents, or licensees.</P>
                    <P>I. “California Divestiture Date” means the date on which the California Divestiture Assets are divested to Acquirer of the California Divestiture Assets pursuant to this Final Judgment.</P>
                    <P>J. “California Personnel” means all full-time, part-time, or contract employees of Reddy Ice, wherever located, who worked at a facility in the California Divestiture Assets, at any time between January 1, 2026, and California Divestiture Date. The United States, in its sole discretion, will resolve any disagreement relating to which employees are California Personnel.</P>
                    <P>K. “Columbia Basin Ice” means Columbia Basin Ice, LLC, a Washington limited liability corporation with its headquarters in Kennewick, WA, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees.</P>
                    <P>L. “Dee Zee Ice” means Dee Zee Ice, LLC, a Connecticut limited liability corporation doing business as Diamond Ice with its headquarters in Southington, CT, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees.</P>
                    <P>M. “Divestiture Assets” means the California Divestiture Assets, the Massachusetts Divestiture Assets, the New York Divestiture Assets, the Oregon Divestiture Assets, and the Washington Divestiture Assets.</P>
                    <P>N. “Divestiture Date” means the date on which the Divestiture Assets are divested to Acquirers pursuant to this Final Judgment.</P>
                    <P>O. “Excluded California Assets” means ISB Assets; contracts of insurance, including any prepayments of premiums and cash surrender values, and all insurance proceeds or claims made by Defendants relating to property or equipment repaired, replaced, or restored by Defendants prior to California Divestiture Date; all rights of Defendants to any claims, causes of action, avoidance actions, or similar rights held by Defendants arising prior to California Divestiture Date; all cash and cash equivalents of Defendants on hand and/or in banks held by Defendants as of California Divestiture Date; any prepayment of taxes and other amounts and any right to any tax refund or credit applicable to the California Divestiture Assets arising prior to California Divestiture Date or attributable to a pre-California Divestiture Date period; all accounts receivable or notes receivable for services performed by Defendants in connection with the operation of California Divestiture Assets prior to California Divestiture Date, including unbilled accounts receivable prior to California Divestiture Date; any records, documents, or other information unrelated to California Personnel; any intellectual property of Defendants or their affiliates, including any rights in the “Reddy Ice” name or any deviations thereof; and any corporate records, governing documents, minutes and stock record books, tax returns and corporate seals of Defendants unrelated to California Divestiture Assets.</P>
                    <P>P. “Excluded Massachusetts Assets” means ISB Assets; contracts of insurance, including any prepayments of premiums and cash surrender values, and all insurance proceeds or claims made by Defendants relating to property or equipment repaired, replaced, or restored by Defendants prior to Massachusetts Divestiture Date; all rights of Defendants to any claims, causes of action, avoidance actions, or similar rights held by Defendants arising prior to Massachusetts Divestiture Date; all cash and cash equivalents of Defendants on hand and/or in banks held by Defendants as of Massachusetts Divestiture Date; any prepayment of taxes and other amounts and any right to any tax refund or credit applicable to the Massachusetts Divestiture Assets arising prior to Massachusetts Divestiture Date or attributable to a pre-Massachusetts Divestiture Date period; all accounts receivable or notes receivable for services performed by Defendants in connection with the operation of Massachusetts Divestiture Assets prior to Massachusetts Divestiture Date, including unbilled accounts receivable prior to Massachusetts Divestiture Date; any intellectual property of Defendants or their affiliates, including any rights in the “Reddy Ice” name or any deviations thereof; and any corporate records, governing documents, minutes and stock record books, tax returns and corporate seals of Defendants unrelated to the Massachusetts Divestiture Assets.</P>
                    <P>
                        Q. “Excluded New York Assets” means ISB Assets; contracts of insurance, including any prepayments of premiums and cash surrender values, and all insurance proceeds or claims made by Defendants relating to property 
                        <PRTPAGE P="7638"/>
                        or equipment repaired, replaced, or restored by Defendants prior to New York Divestiture Date; all rights of Defendants to any claims, causes of action, avoidance actions, or similar rights held by Defendants arising prior to New York Divestiture Date; all cash and cash equivalents of Defendants on hand and/or in banks held by Defendants as of New York Divestiture Date; any prepayment of taxes and other amounts and any right to any tax refund or credit applicable to the New York Divestiture Assets arising prior to New York Divestiture Date or attributable to a pre-New York Divestiture Date period; all accounts receivable or notes receivable for services performed by Defendants in connection with the operation of New York Divestiture Assets prior to New York Divestiture Date, including unbilled accounts receivable prior to New York Divestiture Date; any intellectual property of Defendants or their affiliates, including any rights in the “Reddy Ice” name or any deviations thereof; and any corporate records, governing documents, minutes and stock record books, tax returns and corporate seals of Defendants unrelated to New York Divestiture Assets.
                    </P>
                    <P>R. “Excluded Oregon Assets” means ISB Assets; contracts of insurance, including any prepayments of premiums and cash surrender values, and all insurance proceeds or claims made by Defendants relating to property or equipment repaired, replaced, or restored by Defendants prior to Oregon Divestiture Date; all rights of Defendants to any claims, causes of action, avoidance actions, or similar rights held by Defendants arising prior to Oregon Divestiture Date; all cash and cash equivalents of Defendants on hand and/or in banks held by Defendants as of Oregon Divestiture Date; any prepayment of taxes and other amounts and any right to any tax refund or credit applicable to the Oregon Divestiture Assets arising prior to Oregon Divestiture Date or attributable to a pre-Oregon Divestiture Date period; all accounts receivable or notes receivable for services performed by Defendants in connection with the operation of Oregon Divestiture Assets prior to Oregon Divestiture Date, including unbilled accounts receivable prior to Oregon Divestiture Date; any records, documents, or other information unrelated to Oregon Personnel; any intellectual property of Defendants or their affiliates, including any rights in the “Reddy Ice” name or any deviations thereof; and any corporate records, governing documents, minutes and stock record books, tax returns and corporate seals of Defendants unrelated to the Oregon Divestiture Assets.</P>
                    <P>S. “Excluded Washington Assets” means ISB Assets; contracts of insurance, including any prepayments of premiums and cash surrender values, and all insurance proceeds or claims made by Defendants relating to property or equipment repaired, replaced, or restored by Defendants prior to Washington Divestiture Date; all rights of Defendants to any claims, causes of action, avoidance actions, or similar rights held by Defendants arising prior to Washington Divestiture Date; all cash and cash equivalents of Defendants on hand and/or in banks held by Defendants as of Washington Divestiture Date; any prepayment of taxes and other amounts and any right to any tax refund or credit applicable to the Washington Divestiture Assets arising prior to Washington Divestiture Date or attributable to a pre-Washington Divestiture Date period; all accounts receivable or notes receivable for services performed by Defendants in connection with the operation of Washington Divestiture Assets prior to Washington Divestiture Date, including unbilled accounts receivable prior to Washington Divestiture Date; any records, documents, or other information unrelated to Washington Personnel; any intellectual property of Defendants or their affiliates, including any rights in the “Reddy Ice” name or any deviations thereof; and any corporate records, governing documents, minutes and stock record books, tax returns and corporate seals of Defendants unrelated to Washington Divestiture Assets.</P>
                    <P>T. “Ice merchandiser” means a commercial refrigeration unit designed to store and display ice at a customer location.</P>
                    <P>U. “Including” means including, but not limited to.</P>
                    <P>V. “In-Store Bagging Asset” or “ISB Asset” means an automated, self-contained machine that produces and packages (fills and seals) bags of packaged ice at a customer location.</P>
                    <P>W. “Massachusetts Divestiture Assets” means all of Defendants' rights, titles, and interests in and to all property and assets, tangible and intangible, wherever located, relating to or used in connection with the manufacture and sale of packaged ice to customers and locations listed in Schedule 2 to this Final Judgment, except for the Excluded Massachusetts Assets, including:</P>
                    <P>1. all contracts, contractual rights, and customer relationships, and all other agreements, commitments, and understandings, including all pending sales and purchase orders for goods that have not yet been delivered as of Massachusetts Divestiture Date, agreements with suppliers, manufacturers, distributors, co-packers, and retailers, and all outstanding offers or solicitations to enter into similar arrangements;</P>
                    <P>2. all records and data, including (a) customer lists, locations, contact information, accounts, sales, and credit records for customers listed in Schedule 2 to this Final Judgment, (b) production, repair, maintenance, and performance records, (c) manuals and technical information Defendants provide to their own employees, customers, suppliers, agents, or licensees; and</P>
                    <P>3. all ice merchandisers provided to customers listed in Schedule 2 to this Final Judgment as of Massachusetts Divestiture Date.</P>
                    <P>X. “Massachusetts Divestiture Date” means the date on which the Massachusetts Divestiture Assets are divested to Acquirer of the Massachusetts Divestiture Assets pursuant to this Final Judgment.</P>
                    <P>Y. “Natuzzi Ice” means Natuzzi Ice, Inc., a New York corporation with its headquarters in Springfield Gardens, NY, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees.</P>
                    <P>Z. “New York Divestiture Assets” means all of Defendants' rights, titles, and interests in and to all property and assets, tangible and intangible, wherever located, relating to or used in connection with the manufacture and sale of packaged ice to customers and locations listed in Schedule 3 to this Final Judgment, except for the Excluded New York Assets, including:</P>
                    <P>1. all contracts, contractual rights, and customer relationships, and all other agreements, commitments, and understandings, including all pending sales and purchase orders for goods that have not yet been delivered as of New York Divestiture Date, agreements with suppliers, manufacturers, distributors, co-packers, and retailers, and all outstanding offers or solicitations to enter into similar arrangements;</P>
                    <P>
                        2. all records and data, including (a) customer lists, locations, contact information, accounts, sales, and credit records for customers listed in Schedule 3 to this Final Judgment, (b) production, repair, maintenance, and performance records, (c) manuals and technical information Defendants provide to their own employees, customers, suppliers, agents, or licensees; and
                        <PRTPAGE P="7639"/>
                    </P>
                    <P>3. all ice merchandisers provided to customers listed in Schedule 3 to this Final Judgment as of New York Divestiture Date.</P>
                    <P>AA. “New York Divestiture Date” means the date on which the New York Divestiture Assets are divested to Acquirer of the New York Divestiture Assets pursuant to this Final Judgment.</P>
                    <P>BB. “Oregon Divestiture Assets” means all of Defendants' rights, titles, and interests in and to all property and assets, tangible and intangible, wherever located, relating to or used in connection with the manufacture and sale of packaged ice to customers and locations listed in Schedule 4 to this Final Judgment, except for the Excluded Oregon Assets, including:</P>
                    <P>1. all contracts, contractual rights, and customer relationships, and all other agreements, commitments, and understandings, including all pending sales and purchase orders for goods that have not yet been delivered as of Oregon Divestiture Date, agreements with suppliers, manufacturers, distributors, co-packers, and retailers, and all outstanding offers or solicitations to enter into similar arrangements;</P>
                    <P>2. all records and data, including (a) customers lists, locations, contact information, accounts, sales and credit records for customers listed in Schedule 4 to this Final Judgment, (b) production, repair, maintenance, and performance records, (c) manuals and technical information Defendants provide to their own employees, customers, suppliers, agents, or licensees; and</P>
                    <P>3. all ice merchandisers provided to customers listed in Schedule 4 to this Final Judgment as of Oregon Divestiture Date.</P>
                    <P>CC. “Oregon Divestiture Date” means the date on which the Oregon Divestiture Assets are divested to Acquirer of the Oregon Divestiture Assets pursuant to this Final Judgment.</P>
                    <P>DD. “Oregon Ice” means Oregon Ice Company, LLC, an Oregon limited liability corporation with its headquarters in Kennewick, WA, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees.</P>
                    <P>EE. “Oregon Personnel” means all full-time, part-time, or contract employees of Reddy Ice, wherever located, whose job responsibilities relate to ISB Assets and ice merchandisers in the Oregon Divestiture Assets, at any time between January 1, 2026, and Oregon Divestiture Date. The United States, in its sole discretion, will resolve any disagreement relating to which employees are Oregon Personnel.</P>
                    <P>FF. “Packaged ice” means ice packaged in bags sold for human consumption or other use.</P>
                    <P>GG. “Reddy Ice” means Reddy Ice LLC, a Nevada limited liability corporation with its headquarters in Dallas, TX, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures (but excluding the Excluded Affiliates), and their directors, officers, managers, agents, and employees.</P>
                    <P>HH. “San Diego Ice” means San Diego Ice Company, Inc., a California corporation doing business as San Diego Ice Company and California Ice Company, with its headquarters in San Diego, CA, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees.</P>
                    <P>
                        II. “Stone Canyon” means Stone Canyon Industries Holdings, LP, a Delaware limited partnership with its headquarters in Los Angeles, CA, its successors and assigns, and its directors, officers, managers, agents, and employees; 
                        <E T="03">provided, however,</E>
                         that, except for Reddy Ice and its subsidiaries, “Stone Canyon” does not include, and no provision of this Final Judgment applies to: (a) any direct or indirect portfolio companies of investment funds advised or managed by Stone Canyon or any of its affiliates; or (b) any fund associated with Stone Canyon or its affiliates (collectively, the “Excluded Affiliates”).
                    </P>
                    <P>JJ. “Washington Divestiture Assets” means all of Defendants' rights, titles, and interests in and to all property and assets, tangible and intangible, wherever located, relating to or used in connection with the manufacture and sale of packaged ice by Reddy Ice to customers and locations listed in Schedule 5 to this Final Judgment, except for the Excluded Washington Assets, including:</P>
                    <P>1. the leases and subleases between Grosso Investments Mukilteo L.L.C. and Reddy Ice LLC for the premises located at 11431 Cyrus Way, Mukilteo, WA 98275, Grosso Enterprises Tacoma L.L.C. and Reddy Ice LLC for the premises located at 9625 32nd Avenue Court South, Lakewood, WA 98499, and Mike Stafford and Reddy Ice LLC for the premises located at 4427 West Industrial Loop, Coeur d'Alene, ID 83815;</P>
                    <P>2. any real property, including fee simple interests, real property leasehold interests and renewal rights thereto, improvements to real property, and options to purchase any adjoining or other property, together with all buildings, facilities, and other structures;</P>
                    <P>3. all ice merchandisers provided to customers listed in Schedule 5 to this Final Judgment as of Washington Divestiture Date;</P>
                    <P>4. all tangible personal property, including fixed assets, machinery and manufacturing equipment, tools, vehicles, inventory, materials, office equipment and furniture, computer hardware, and supplies;</P>
                    <P>5. all contracts, contractual rights, and customer relationships, and all other agreements, commitments, and understandings, including all pending sales orders and purchase orders for goods that have not yet been delivered as of Washington Divestiture Date, agreements with suppliers, manufacturers, co-packers, and retailers, leases, and all outstanding offers or solicitations to enter into similar arrangements;</P>
                    <P>6. all licenses, permits, certifications, approvals, consents, registrations, waivers, and authorizations, including those issued or granted by any governmental organization, and all pending applications or renewals; and</P>
                    <P>7. all records and data, including (a) customer lists, locations, contact information, accounts, sales, and credit records for customers listed in Schedule 5 to this Final Judgment, (b) production, repair, maintenance, and performance records, (c) manuals and technical information Defendants provide to their own employees, customers, suppliers, agents, or licensees.</P>
                    <P>KK. “Washington Divestiture Date” means the date on which the Washington Divestiture Assets are divested to Acquirer of the Washington Divestiture Assets pursuant to this Final Judgment.</P>
                    <P>LL. “Washington Personnel” means all full-time, part-time, or contract employees of Reddy Ice, wherever located, who worked at a facility in the Washington Divestiture Assets, at any time between January 1, 2026, and Washington Divestiture Date. The United States, in its sole discretion, will resolve any disagreement relating to which employees are Washington Personnel.</P>
                    <HD SOURCE="HD1">III. Applicability</HD>
                    <P>A. This Final Judgment applies to Reddy Ice and Arctic Glacier, as defined above, and all other persons in active concert or participation with any Defendant who receive actual notice of this Final Judgment.</P>
                    <P>
                        B. If, prior to complying with Section IV, Section V, Section VI, Section VII, and Section VIII of this Final Judgment, Defendants sell or otherwise dispose of all or substantially all of their assets or of business units that include any 
                        <PRTPAGE P="7640"/>
                        Divestiture Assets, Defendants must require any purchaser to be bound by the provisions of this Final Judgment. Defendants need not obtain such an agreement from Acquirers.
                    </P>
                    <HD SOURCE="HD1">IV. Divestiture of California Divestiture Assets</HD>
                    <P>A. Defendants are ordered and directed, within 30 calendar days after the Court's entry of the Asset Preservation/Hold Separate Stipulation and Order in this matter, to (1) divest the California Divestiture Assets in a manner consistent with this Final Judgment to San Diego Ice or another Acquirer acceptable to the United States, in its sole discretion, and (2) sever any existing manufacture, distribution, or co-pack agreement between Defendants and Acquirer of the California Divestiture Assets. The United States, in its sole discretion, may agree to one or more extensions of this time period not to exceed 60 calendar days in total and will notify the Court of any extensions.</P>
                    <P>
                        B. For all contracts, agreements, and customer relationships (or portions of such contracts, agreements, and customer relationships) included in the California Divestiture Assets, Defendants must assign or otherwise transfer all contracts, agreements, and customer relationships for customers and locations listed in Schedule 1 to this Final Judgment to Acquirer of the California Divestiture Assets within the deadlines set forth in Paragraph IV.A. of this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that for any contract or agreement that requires the consent of another party to assign or otherwise transfer, Defendants must use best efforts to accomplish the assignment or transfer. Defendants must not interfere with any negotiations between Acquirer of the California Divestiture Assets and a contracting party.
                    </P>
                    <P>C. Defendants must use best efforts to divest the California Divestiture Assets as expeditiously as possible. Defendants must take no action that would jeopardize the completion of the divestiture ordered by the Court, including any action to impede the permitting, operation, or divestiture of the California Divestiture Assets.</P>
                    <P>D. Unless the United States otherwise consents in writing, divestiture pursuant to this Final Judgment must include the entire California Divestiture Assets and must be accomplished in such a way as to satisfy the United States, in its sole discretion, that the California Divestiture Assets can and will be used by Acquirer of the California Divestiture Assets as part of a viable, ongoing business of the manufacture and sale of packaged ice and that the divestiture to Acquirer of the California Divestiture Assets will remedy the competitive harm alleged in the Complaint.</P>
                    <P>E. The divestiture of the California Divestiture Assets must be made to an Acquirer that, in the United States' sole judgment, has the intent and capability, including the necessary managerial, operational, technical, and financial capability, to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>F. The divestiture of the California Divestiture Assets must be accomplished in a manner that satisfies the United States, in its sole discretion, that none of the terms of any agreement between Acquirer of the California Divestiture Assets and Defendants give Defendants the ability unreasonably to raise costs for Acquirer of the California Divestiture Assets, to lower efficiency of Acquirer of the California Divestiture Assets, or otherwise interfere in the ability of Acquirer of the California Divestiture Assets to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>
                        G. In the event Defendants are attempting to divest the California Divestiture Assets to an Acquirer other than San Diego Ice, Defendants promptly must make known, by usual and customary means, the availability of the California Divestiture Assets. Defendants must inform any person making an inquiry relating to a possible purchase of the California Divestiture Assets that the California Divestiture Assets are being divested in accordance with this Final Judgment and must provide that person with a copy of this Final Judgment. Defendants must offer to furnish to all prospective Acquirers of the California Divestiture Assets, subject to customary confidentiality assurances, all information and documents relating to the California Divestiture Assets that are customarily provided in a due diligence process; 
                        <E T="03">provided, however,</E>
                         that Defendants need not provide information or documents subject to the attorney-client privilege or work-product doctrine. Defendants must make all information and documents available to the United States at the same time that the information and documents are made available to any other person.
                    </P>
                    <P>H. Defendants must provide prospective Acquirers of the California Divestiture Assets with (1) access to make inspections of the California Divestiture Assets; (2) access to all environmental, zoning, and other permitting documents and information relating to the California Divestiture Assets; and (3) access to all financial, operational, or other documents and information relating to the California Divestiture Assets that would customarily be provided as part of a due diligence process. Defendants also must disclose all encumbrances on any part of the California Divestiture Assets, including on intangible property.</P>
                    <P>I. Defendants must cooperate with and assist Acquirer of the California Divestiture Assets in identifying and, at the option of Acquirer of the California Divestiture Assets, hiring all California Personnel, including:</P>
                    <P>1. Within 10 business days following the entry of the Asset Preservation/Hold Separate Stipulation and Order in this matter, Defendants must identify all California Personnel to Acquirer of the California Divestiture Assets and the United States, including by providing organization charts covering all California Personnel.</P>
                    <P>2. Within 10 business days following receipt of a request by Acquirer of the California Divestiture Assets, the United States, or the monitor, Defendants must provide to Acquirer of the California Divestiture Assets, the United States, or the monitor additional information relating to California Personnel, including name, job title, reporting relationships, past experience, responsibilities, training and educational histories, relevant certifications, and job performance evaluations. Defendants must also provide to Acquirer of the California Divestiture Assets, the United States, or the monitor information relating to current and accrued compensation and benefits of California Personnel, including most recent bonuses paid, aggregate annual compensation, current target or guaranteed bonus, if any, any retention agreement or incentives, and any other payments due, compensation or benefits accrued, or promises made to the California Personnel. If Defendants are barred by any applicable law from providing any of this information, Defendants must provide, within 10 business days following receipt of the request, the requested information to the full extent permitted by law and also must provide a written explanation of Defendants' inability to provide the remaining information, including specifically identifying the provisions of the applicable laws.</P>
                    <P>
                        3. At the request of Acquirer of the California Divestiture Assets, Defendants must promptly make California Personnel available for private interviews with Acquirer of the California Divestiture Assets during normal business hours at a mutually agreeable location.
                        <PRTPAGE P="7641"/>
                    </P>
                    <P>4. Defendants must not interfere with any effort by Acquirer of the California Divestiture Assets to employ any California Personnel. Interference includes offering to increase the compensation or improve the benefits of California Personnel unless (a) the offer is part of a company-wide increase in compensation or improvement in benefits that was announced prior to January 1, 2026 or (b) the offer is approved by the United States in its sole discretion. Defendants' obligations under this Paragraph IV.I.4. of this Final Judgment will expire 180 calendar days after California Divestiture Date.</P>
                    <P>5. For California Personnel who elect employment with Acquirer of the California Divestiture Assets within 180 calendar days of California Divestiture Date, Defendants must waive all non-compete and non-disclosure agreements; vest and pay to the California Personnel (or to Acquirer of the California Divestiture Assets for payment to the employee) on a prorated basis any bonuses, incentives, other salary, benefits, or other compensation fully or partially accrued at the time of the transfer of the employee to Acquirer of the California Divestiture Assets; vest any unvested pension and other equity rights; and provide all other benefits that those California Personnel otherwise would have been provided had the California Personnel continued employment with Defendants, including any retention bonuses or payments. Defendants may maintain reasonable restrictions on disclosure by California Personnel of Defendants' proprietary non-public information that is unrelated to the California Divestiture Assets and not otherwise required to be disclosed by this Final Judgment.</P>
                    <P>6. Non-Solicitation: For a period of six months from California Divestiture Date, Defendants may not solicit to re-hire California Personnel who were hired by Acquirer of the California Divestiture Assets unless (a) an individual is terminated or laid off by Acquirer of the California Divestiture Assets or (b) Acquirer of the California Divestiture Assets agrees in writing that Defendants may solicit to re-hire that individual. Nothing in this Paragraph IV.I.6. prohibits Defendants from advertising employment openings using general solicitations or advertisements and re-hiring California Personnel who apply for an employment opening through a general solicitation or advertisement.</P>
                    <P>J. Defendants must warrant to Acquirer of the California Divestiture Assets that (1) the California Divestiture Assets will be operational and without material defect on the date of their transfer to Acquirer of the California Divestiture Assets; (2) there are no material defects in the environmental, zoning, or other permits relating to the operation of the California Divestiture Assets; and (3) Defendants have disclosed all encumbrances on any part of the California Divestiture Assets, including on intangible property. Following the sale of the California Divestiture Assets, Defendants must not undertake, directly or indirectly, challenges to the environmental, zoning, or other permits relating to the operation of the California Divestiture Assets.</P>
                    <P>K. Defendants must use best efforts to assist Acquirer of the California Divestiture Assets to obtain all necessary licenses, registrations, and permits to operate the California Divestiture Assets. Until Acquirer of the California Divestiture Assets obtains the necessary licenses, registrations, and permits, Defendants must provide Acquirer of the California Divestiture Assets with the benefit of Defendants' licenses, registrations, and permits to the full extent permissible by law.</P>
                    <P>L. Supply Contracts: At the option of Acquirer of the California Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before California Divestiture Date, Defendants must enter into a supply contract or contracts for packaged ice sufficient to meet the needs of Acquirer of the California Divestiture Assets to supply packaged ice to the customers and locations listed in Schedule 1 to this Final Judgment, as determined by Acquirer of the California Divestiture Assets, for a period of up to one year, on terms and conditions reasonably related to market conditions for the supply of packaged ice. At the option of Acquirer of the California Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contract for the supply of packaged ice, on terms and conditions reasonably related to market conditions for the supply of packaged ice, for a total of up to an additional two years. Any amendment to or modification of any provision of any such supply contract or supply contract extension is subject to approval by the United States, in its sole discretion. If Acquirer of the California Divestiture Assets seeks an extension of the term of any supply contract, Defendants must notify the United States in writing at least 90 calendar days prior to the date the supply contract expires. Acquirer of the California Divestiture Assets may terminate a supply contract (including an extension of a supply contract), or any portion of a supply contract (including a portion of an extension of a supply contract), without cost or penalty upon 30 calendar days written notice.</P>
                    <P>M. Transition Services: At the option of Acquirer of the California Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before California Divestiture Date, Defendants must enter into a contract to provide transition services for back office, accounting, invoicing, customer service, employee health and safety, and information technology services and support for a period of up to 180 calendar days on terms and conditions reasonably related to market conditions for the provision of the transition services. At the option of Acquirer of the California Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for a total of up to an additional 180 calendar days, on terms and conditions reasonably related to market conditions for the provision of the transition services. Any amendment to or modification of any transition services contract or extension to a transition services contract is subject to approval by the United States, in its sole discretion. If Acquirer of the California Divestiture Assets seeks an extension of the term of any contract for transition services, Defendants must notify the United States in writing at least 30 calendar days prior to the date the contract expires. Acquirer of the California Divestiture Assets may terminate a contract (including an extension) for transition services, or any portion of a contract (including an extension) for transition services, without cost or penalty upon 30 calendar days written notice. The employees of Defendants tasked with providing transition services to Acquirer of the California Divestiture Assets must not share any competitively sensitive information of Acquirer of the California Divestiture Assets with any other employee of Defendants.</P>
                    <P>N. Non-Compete: For a period of one year following California Divestiture Date, Defendants must not sell any packaged ice to customers listed in Schedule 1 to this Final Judgment.</P>
                    <P>
                        O. No Customer Solicitation: For a period of three years following California Divestiture Date, Defendants must not initiate customer-specific communications to solicit any customer for the portion of that customer's business covered by a contract, agreement, or relationship (or portion thereof) that is included in Schedule 1 to this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that (1) starting one year 
                        <PRTPAGE P="7642"/>
                        following California Divestiture Date, Defendants may respond to inquiries initiated by customers and enter into negotiations at the request of such customers (including responding to requests for quotation or proposal) to supply any business, whether or not such business was included in the California Divestiture Assets; and (2) Defendants must maintain a log of telephonic, electronic, in-person, and other communications that constitute inquiries or requests from customers included in the California Divestiture Assets and make it available to the United States or the monitor for inspection upon request.
                    </P>
                    <P>P. If any term of an agreement between Defendants and Acquirer of the California Divestiture Assets, including an agreement to effectuate the divestiture required by this Final Judgment, varies from a term of this Final Judgment, to the extent that Defendants cannot fully comply with both, this Final Judgment determines Defendants' obligations.</P>
                    <HD SOURCE="HD1">V. Divestiture of Massachusetts Divestiture Assets</HD>
                    <P>A. Defendants are ordered and directed, within 30 calendar days after the Court's entry of the Asset Preservation/Hold Separate Stipulation and Order in this matter, to (1) divest the Massachusetts Divestiture Assets in a manner consistent with this Final Judgment to Dee Zee Ice or another Acquirer acceptable to the United States, in its sole discretion, and (2) sever any existing manufacture, distribution, or co-pack agreement between Defendants and Acquirer of the Massachusetts Divestiture Assets. The United States, in its sole discretion, may agree to one or more extensions of this time period not to exceed 60 calendar days in total and will notify the Court of any extensions.</P>
                    <P>
                        B. For all contracts, agreements, and customer relationships (or portions of such contracts, agreements, and customer relationships) included in the Massachusetts Divestiture Assets, Defendants must assign or otherwise transfer all contracts, agreements, and customer relationships for customers and locations listed in Schedule 2 to this Final Judgment to Acquirer of the Massachusetts Divestiture Assets within the deadlines set forth in Paragraph V.A. of this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that for any contract or agreement that requires the consent of another party to assign or otherwise transfer, Defendants must use best efforts to accomplish the assignment or transfer. Defendants must not interfere with any negotiations between Acquirer of the Massachusetts Divestiture Assets and a contracting party.
                    </P>
                    <P>C. Defendants must use best efforts to divest the Massachusetts Divestiture Assets as expeditiously as possible. Defendants must take no action that would jeopardize the completion of the divestiture ordered by the Court, including any action to impede the permitting, operation, or divestiture of the Massachusetts Divestiture Assets.</P>
                    <P>D. Unless the United States otherwise consents in writing, divestiture pursuant to this Final Judgment must include the entire Massachusetts Divestiture Assets and must be accomplished in such a way as to satisfy the United States, in its sole discretion, that the Massachusetts Divestiture Assets can and will be used by Acquirer of the Massachusetts Divestiture Assets as part of a viable, ongoing business of the manufacture and sale of packaged ice and that the divestiture to Acquirer of the Massachusetts Divestiture Assets will remedy the competitive harm alleged in the Complaint.</P>
                    <P>E. The divestiture of the Massachusetts Divestiture Assets must be made to an Acquirer that, in the United States' sole judgment, has the intent and capability, including the necessary managerial, operational, technical, and financial capability, to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>F. The divestiture of the Massachusetts Divestiture Assets must be accomplished in a manner that satisfies the United States, in its sole discretion, that none of the terms of any agreement between Acquirer of the Massachusetts Divestiture Assets and Defendants give Defendants the ability unreasonably to raise costs for Acquirer of the Massachusetts Divestiture Assets, to lower efficiency of Acquirer of the Massachusetts Divestiture Assets, or otherwise interfere in the ability of Acquirer of the Massachusetts Divestiture Assets to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>
                        G. In the event Defendants are attempting to divest the Massachusetts Divestiture Assets to an Acquirer other than Dee Zee Ice, Defendants promptly must make known, by usual and customary means, the availability of the Massachusetts Divestiture Assets. Defendants must inform any person making an inquiry relating to a possible purchase of the Massachusetts Divestiture Assets that the Massachusetts Divestiture Assets are being divested in accordance with this Final Judgment and must provide that person with a copy of this Final Judgment. Defendants must offer to furnish to all prospective Acquirers of the Massachusetts Divestiture Assets, subject to customary confidentiality assurances, all information and documents relating to the Massachusetts Divestiture Assets that are customarily provided in a due diligence process; 
                        <E T="03">provided, however,</E>
                         that Defendants need not provide information or documents subject to the attorney-client privilege or work-product doctrine. Defendants must make all information and documents available to the United States at the same time that the information and documents are made available to any other person.
                    </P>
                    <P>H. Defendants must provide prospective Acquirers of the Massachusetts Divestiture Assets with (1) access to make inspections of the Divestiture Assets; and (2) access to all financial, operational, or other documents and information relating to the Massachusetts Divestiture Assets that would customarily be provided as part of a due diligence process. Defendants also must disclose all encumbrances on any part of the Massachusetts Divestiture Assets, including on intangible property.</P>
                    <P>I. Defendants must warrant to Acquirer of the Massachusetts Divestiture Assets that (1) the Massachusetts Divestiture Assets will be operational and without material defect on the date of their transfer to Acquirer of the Massachusetts Divestiture Assets and (2) Defendants have disclosed all encumbrances on any part of the Massachusetts Divestiture Assets, including on intangible property.</P>
                    <P>
                        J. Supply Contracts: At the option of Acquirer of the Massachusetts Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before Massachusetts Divestiture Date, Defendants must enter into a supply contract or contracts for packaged ice sufficient to meet the needs of Acquirer of the Massachusetts Divestiture Assets to supply packaged ice to the customers and locations listed in Schedule 2 to this Final Judgment, as determined by Acquirer of the Massachusetts Divestiture Assets, for a period of up to one year, for the supply of packaged ice on terms and conditions reasonably related to market conditions for the supply of packaged ice. At the option of Acquirer of the Massachusetts Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for packaged ice, on terms and conditions reasonably related to market conditions for the supply of packaged ice, for a total of up to two years. Any amendment to or modification of any 
                        <PRTPAGE P="7643"/>
                        provision of any such supply contract or supply contract extension is subject to approval by the United States, in its sole discretion. If Acquirer of the Massachusetts Divestiture Assets seeks an extension of the term of any supply contract, Defendants must notify the United States in writing at least 90 calendar days prior to the date the supply contract expires. Acquirer of the Massachusetts Divestiture Assets may terminate a supply contract (including an extension of a supply contract), or any portion of a supply contract (including a portion of an extension of a supply contract), without cost or penalty upon 30 calendar days written notice.
                    </P>
                    <P>K. Transition Services: At the option of Acquirer of the Massachusetts Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before Massachusetts Divestiture Date, Defendants must enter into a contract to provide transition services for back office, accounting, invoicing, customer service, and information technology services and support for a period of up to 180 calendar days on terms and conditions reasonably related to market conditions for the provision of the transition services. At the option of Acquirer of the Massachusetts Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for a total of up to an additional 180 calendar days, on terms and conditions reasonably related to market conditions for the provision of the transition services. Any amendment to or modification of any transition services contract or extension to a transition services contract is subject to approval by the United States, in its sole discretion. If Acquirer of the Massachusetts Divestiture Assets seeks an extension of the term of any contract for transition services, Defendants must notify the United States in writing at least 30 calendar days prior to the date the contract expires. Acquirer of the Massachusetts Divestiture Assets may terminate a contract (including an extension) for transition services, or any portion of a contract (including an extension) for transition services, without cost or penalty upon 30 calendar days written notice. The employees of Defendants tasked with providing transition services to Acquirer of the Massachusetts Divestiture Assets must not share any competitively sensitive information of Acquirer of the Massachusetts Divestiture Assets with any other employee of Defendants.</P>
                    <P>L. Non-Compete: For a period of one year following Massachusetts Divestiture Date, Defendants must not sell any packaged ice to customers listed in Schedule 2 to this Final Judgment.</P>
                    <P>
                        M. No Customer Solicitation: For a period of three years following Massachusetts Divestiture Date, Defendants must not initiate customer-specific communications to solicit any customer for the portion of that customer's business covered by a contract, agreement, or relationship (or portion thereof) that is included in Schedule 2 to this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that (1) Defendants may respond to inquiries initiated by customers and enter into negotiations at the request of such customers (including responding to requests for quotation or proposal) to supply any business, whether or not such business was included in the Massachusetts Divestiture Assets; and (2) Defendants must maintain a log of telephonic, electronic, in-person, and other communications that constitute inquiries or requests from customers included in the Massachusetts Divestiture Assets and make it available to the United States for inspection upon request.
                    </P>
                    <P>N. If any term of an agreement between Defendants and Acquirer of the Massachusetts Divestiture Assets, including an agreement to effectuate the divestiture required by this Final Judgment, varies from a term of this Final Judgment, to the extent that Defendants cannot fully comply with both, this Final Judgment determines Defendants' obligations.</P>
                    <HD SOURCE="HD1">VI. Divestiture of New York Divestiture Assets</HD>
                    <P>A. Defendants are ordered and directed, within 30 calendar days after the Court's entry of the Asset Preservation/Hold Separate Stipulation and Order in this matter, to (1) divest the New York Divestiture Assets in a manner consistent with this Final Judgment to Natuzzi Ice or another Acquirer acceptable to the United States, in its sole discretion, and (2) sever any existing manufacture, distribution, or co-pack agreement between Defendants and Acquirer of the New York Divestiture Assets. The United States, in its sole discretion, may agree to one or more extensions of this time period not to exceed 60 calendar days in total and will notify the Court of any extensions.</P>
                    <P>
                        B. For all contracts, agreements, and customer relationships (or portions of such contracts, agreements, and customer relationships) included in the New York Divestiture Assets, Defendants must assign or otherwise transfer all contracts, agreements, and customer relationships for customers and locations listed in Schedule 3 to this Final Judgment to Acquirer of the New York Divestiture Assets within the deadlines set forth in Paragraph VI.A. of this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that for any contract or agreement that requires the consent of another party to assign or otherwise transfer, Defendants must use best efforts to accomplish the assignment or transfer. Defendants must not interfere with any negotiations between Acquirer of the New York Divestiture Assets and a contracting party.
                    </P>
                    <P>C. Defendants must use best efforts to divest the New York Divestiture Assets as expeditiously as possible. Defendants must take no action that would jeopardize the completion of the divestiture ordered by the Court, including any action to impede the permitting, operation, or divestiture of the New York Divestiture Assets.</P>
                    <P>D. Unless the United States otherwise consents in writing, divestiture pursuant to this Final Judgment must include the entire New York Divestiture Assets and must be accomplished in such a way as to satisfy the United States, in its sole discretion, that the New York Divestiture Assets can and will be used by Acquirer of the New York Divestiture Assets as part of a viable, ongoing business of the manufacture and sale of packaged ice and that the divestiture to Acquirer of the New York Divestiture Assets will remedy the competitive harm alleged in the Complaint.</P>
                    <P>E. The divestiture of the New York Divestiture Assets must be made to an Acquirer that, in the United States' sole judgment, has the intent and capability, including the necessary managerial, operational, technical, and financial capability, to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>F. The divestiture of the New York Divestiture Assets must be accomplished in a manner that satisfies the United States, in its sole discretion, that none of the terms of any agreement between Acquirer of the New York Divestiture Assets and Defendants give Defendants the ability unreasonably to raise costs for Acquirer of the New York Divestiture Assets, to lower efficiency of Acquirer of the New York Divestiture Assets, or otherwise interfere in the ability of Acquirer of the New York Divestiture Assets to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>
                        G. In the event Defendants are attempting to divest the New York Divestiture Assets to an Acquirer other than Natuzzi Ice, Defendants promptly must make known, by usual and 
                        <PRTPAGE P="7644"/>
                        customary means, the availability of the New York Divestiture Assets. Defendants must inform any person making an inquiry relating to a possible purchase of the New York Divestiture Assets that the New York Divestiture Assets are being divested in accordance with this Final Judgment and must provide that person with a copy of this Final Judgment. Defendants must offer to furnish to all prospective Acquirers of the New York Divestiture Assets, subject to customary confidentiality assurances, all information and documents relating to the New York Divestiture Assets that are customarily provided in a due diligence process; 
                        <E T="03">provided, however,</E>
                         that Defendants need not provide information or documents subject to the attorney-client privilege or work-product doctrine. Defendants must make all information and documents available to the United States at the same time that the information and documents are made available to any other person.
                    </P>
                    <P>H. Defendants must provide prospective Acquirers of the New York Divestiture Assets with (1) access to make inspections of the New York Divestiture Assets; and (2) access to all financial, operational, or other documents and information relating to the New York Divestiture Assets that would customarily be provided as part of a due diligence process. Defendants also must disclose all encumbrances on any part of the New York Divestiture Assets, including on intangible property.</P>
                    <P>I. Defendants must warrant to Acquirer of the New York Divestiture Assets that (1) the New York Divestiture Assets will be operational and without material defect on the date of their transfer to Acquirer of the New York Divestiture Assets and (2) Defendants have disclosed all encumbrances on any part of the New York Divestiture Assets, including on intangible property.</P>
                    <P>J. Supply Contracts: At the option of Acquirer of the New York Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before New York Divestiture Date, Defendants must enter into a supply contract or contracts for packaged ice sufficient to meet the needs of Acquirer of the New York Divestiture Assets to supply packaged ice to the customers and locations listed in Schedule 3 to this Final Judgment, as determined by Acquirer of the New York Divestiture Assets, for a period of up to one year, on terms and conditions reasonably related to market conditions for the supply of packaged ice. At the option of Acquirer of the New York Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contract for the supply of packaged ice at cost for a total of up to two years. Any amendment to or modification of any provision of any such supply contract or supply contract extension is subject to approval by the United States, in its sole discretion. If Acquirer of the New York Divestiture Assets seeks an extension of the term of any supply contract, Defendants must notify the United States in writing at least 90 calendar days prior to the date the supply contract expires. Acquirer of the New York Divestiture Assets may terminate a supply contract (including an extension of a supply contract), or any portion of a supply contract (including a portion of an extension of a supply contract), without cost or penalty upon 30 calendar days written notice.</P>
                    <P>K. Transition Services: At the option of Acquirer of the New York Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before New York Divestiture Date, Defendants must enter into a contract to provide transition services for back office, accounting, invoicing, customer service, and information technology services and support for a period of up to 180 calendar days on terms and conditions reasonably related to market conditions for the provision of the transition services. At the option of Acquirer of the New York Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for a total of up to an additional 180 calendar days, on terms and conditions reasonably related to market conditions for the provision of the transition services. Any amendment to or modification of any transition services contract or extension to a transition services contract is subject to approval by the United States, in its sole discretion. If Acquirer of the New York Divestiture Assets seeks an extension of the term of any contract for transition services, Defendants must notify the United States in writing at least 30 calendar days prior to the date the contract expires. Acquirer of the New York Divestiture Assets may terminate a contract (including an extension) for transition services, or any portion of a contract (including an extension) for transition services, without cost or penalty upon 30 calendar days written notice. The employees of Defendants tasked with providing transition services to Acquirer of the New York Divestiture Assets must not share any competitively sensitive information of Acquirer of the New York Divestiture Assets with any other employee of Defendants.</P>
                    <P>L. Non-Compete: For a period of one year following New York Divestiture Date, Defendants must not sell any packaged ice to customers listed in Schedule 3 to this Final Judgment.</P>
                    <P>
                        M. No Customer Solicitation: For a period of three years following New York Divestiture Date, Defendants must not initiate customer-specific communications to solicit any customer for the portion of that customer's business covered by a contract, agreement, or relationship (or portion thereof) that is included in Schedule 3 to this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that (1) Defendants may respond to inquiries initiated by customers and enter into negotiations at the request of such customers (including responding to requests for quotation or proposal) to supply any business, whether or not such business was included in the New York Divestiture Assets; and (2) Defendants must maintain a log of telephonic, electronic, in-person, and other communications that constitute inquiries or requests from customers included in the New York Divestiture Assets and make it available to the United States for inspection upon request.
                    </P>
                    <P>N. If any term of an agreement between Defendants and Acquirer of the New York Divestiture Assets, including an agreement to effectuate the divestiture required by this Final Judgment, varies from a term of this Final Judgment, to the extent that Defendants cannot fully comply with both, this Final Judgment determines Defendants' obligations.</P>
                    <HD SOURCE="HD1">VII. Divestiture of Oregon Divestiture Assets</HD>
                    <P>A. Defendants are ordered and directed, within 30 calendar days after the Court's entry of the Asset Preservation/Hold Separate Stipulation and Order in this matter, to (1) divest the Oregon Divestiture Assets in a manner consistent with this Final Judgment to Oregon Ice or another Acquirer acceptable to the United States, in its sole discretion, and (2) sever any existing manufacture, distribution, or co-pack agreement between Defendants and Acquirer of the Oregon Divestiture Assets. The United States, in its sole discretion, may agree to one or more extensions of this time period not to exceed 60 calendar days in total and will notify the Court of any extensions.</P>
                    <P>
                        B. For all contracts, agreements, and customer relationships (or portions of 
                        <PRTPAGE P="7645"/>
                        such contracts, agreements, and customer relationships) included in the Oregon Divestiture Assets, Defendants must assign or otherwise transfer all contracts, agreements, and customer relationships for customers and locations listed in Schedule 4 to this Final Judgment to Acquirer within the deadlines set forth in Paragraph VII.A. of this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that for any contract or agreement that requires the consent of another party to assign or otherwise transfer, Defendants must use best efforts to accomplish the assignment or transfer. Defendants must not interfere with any negotiations between Acquirer of the Oregon Divestiture Assets and a contracting party.
                    </P>
                    <P>C. At the option of Acquirer of the Oregon Divestiture Assets, Defendants must grant Acquirer of the Oregon Divestiture Assets a rent-free and royalty-free right to use ISB Assets located at customer locations in Schedule 4 to this Final Judgment for a period of three years. At written request from Acquirer of the Oregon Divestiture Assets, Defendants must remove ISB Assets from any requested customer location within 30 calendar days or provide written confirmation to Acquirer of the Oregon Divestiture Assets to remove and dispose of ISB Assets.</P>
                    <P>D. Defendants must use best efforts to divest the Oregon Divestiture Assets as expeditiously as possible. Defendants must take no action that would jeopardize the completion of the divestiture ordered by the Court, including any action to impede the permitting, operation, or divestiture of the Oregon Divestiture Assets.</P>
                    <P>E. Unless the United States otherwise consents in writing, divestiture pursuant to this Final Judgment must include the entire Oregon Divestiture Assets and must be accomplished in such a way as to satisfy the United States, in its sole discretion, that the Oregon Divestiture Assets can and will be used by Acquirer of the Oregon Divestiture Assets as part of a viable, ongoing business of manufacture and sale of packaged ice and that the divestiture to Acquirer of the Oregon Divestiture Assets will remedy the competitive harm alleged in the Complaint.</P>
                    <P>F. The divestiture of the Oregon Divestiture Assets must be made to an Acquirer that, in the United States' sole judgment, has the intent and capability, including the necessary managerial, operational, technical, and financial capability, to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>G. The divestiture of the Oregon Divestiture Assets must be accomplished in a manner that satisfies the United States, in its sole discretion, that none of the terms of any agreement between Acquirer of the Oregon Divestiture Assets and Defendants give Defendants the ability unreasonably to raise costs for Acquirer of the Oregon Divestiture Assets, to lower efficiency of Acquirer of the Oregon Divestiture Assets, or otherwise interfere in the ability of Acquirer of the Oregon Divestiture Assets to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>
                        H. In the event Defendants are attempting to divest the Oregon Divestiture Assets to an Acquirer other than Oregon Ice, Defendants promptly must make known, by usual and customary means, the availability of the Oregon Divestiture Assets. Defendants must inform any person making an inquiry relating to a possible purchase of the Oregon Divestiture Assets that the Oregon Divestiture Assets are being divested in accordance with this Final Judgment and must provide that person with a copy of this Final Judgment. Defendants must offer to furnish to all prospective Acquirers of the Oregon Divestiture Assets, subject to customary confidentiality assurances, all information and documents relating to the Oregon Divestiture Assets that are customarily provided in a due diligence process; 
                        <E T="03">provided, however,</E>
                         that Defendants need not provide information or documents subject to the attorney-client privilege or work-product doctrine. Defendants must make all information and documents available to the United States at the same time that the information and documents are made available to any other person.
                    </P>
                    <P>I. Defendants must provide prospective Acquirers of the Oregon Divestiture Assets with (1) access to make inspections of the Oregon Divestiture Assets; and (2) access to all financial, operational, or other documents and information relating to the Oregon Divestiture Assets that would customarily be provided as part of a due diligence process. Defendants also must disclose all encumbrances on any part of the Oregon Divestiture Assets, including on intangible property.</P>
                    <P>J. Defendants must cooperate with and assist Acquirer of the Oregon Divestiture Assets in identifying and, at the option of Acquirer of the Oregon Divestiture Assets, hiring all Oregon Personnel, including:</P>
                    <P>1. Within 10 business days following the entry of the Asset Preservation/Hold Separate Stipulation and Order in this matter, Defendants must identify all Oregon Personnel to Acquirer of the Oregon Divestiture Assets and the United States, including by providing organization charts covering all Oregon Personnel.</P>
                    <P>2. Within 10 business days following receipt of a request by Acquirer of the Oregon Divestiture Assets, the United States, or the monitor, Defendants must provide to Acquirer of the Oregon Divestiture Assets, the United States, or the monitor additional information relating to Oregon Personnel, including name, job title, reporting relationships, past experience, responsibilities, training and educational histories, relevant certifications, and job performance evaluations. Defendants must also provide to Acquirer of the Oregon Divestiture Assets, the United States, or the monitor information relating to current and accrued compensation and benefits of Oregon Personnel, including most recent bonuses paid, aggregate annual compensation, current target or guaranteed bonus, if any, any retention agreement or incentives, and any other payments due, compensation or benefits accrued, or promises made to the Oregon Personnel. If Defendants are barred by any applicable law from providing any of this information, Defendants must provide, within 10 business days following receipt of the request, the requested information to the full extent permitted by law and also must provide a written explanation of Defendants' inability to provide the remaining information, including specifically identifying the provisions of the applicable laws.</P>
                    <P>3. At the request of Acquirer of the Oregon Divestiture Assets, Defendants must promptly make Oregon Personnel available for private interviews with Acquirer of the Oregon Divestiture Assets during normal business hours at a mutually agreeable location.</P>
                    <P>4. Defendants must not interfere with any effort by Acquirer of the Oregon Divestiture Assets to employ any Oregon Personnel. Interference includes offering to increase the compensation or improve the benefits of Oregon Personnel unless (a) the offer is part of a company-wide increase in compensation or improvement in benefits that was announced prior to January 1, 2026 or (b) the offer is approved by the United States in its sole discretion. Defendants' obligations under this Paragraph VII.J.4. of this Final Judgment will expire 180 calendar days after Oregon Divestiture Date.</P>
                    <P>
                        5. For Oregon Personnel who elect employment with Acquirer of the 
                        <PRTPAGE P="7646"/>
                        Oregon Divestiture Assets within 180 calendar days of Oregon Divestiture Date, Defendants must waive all non-compete and non-disclosure agreements; vest and pay to the Oregon Personnel (or to Acquirer of the Oregon Divestiture Assets for payment to the employee) on a prorated basis any bonuses, incentives, other salary, benefits, or other compensation fully or partially accrued at the time of the transfer of the employee to Acquirer of the Oregon Divestiture Assets; vest any unvested pension and other equity rights; and provide all other benefits that those Oregon Personnel otherwise would have been provided had the Oregon Personnel continued employment with Defendants, including any retention bonuses or payments. Defendants may maintain reasonable restrictions on disclosure by Oregon Personnel of Defendants' proprietary non-public information that is unrelated to the Oregon Divestiture Assets and not otherwise required to be disclosed by this Final Judgment.
                    </P>
                    <P>6. Non-Solicitation: For a period of six months from Oregon Divestiture Date, Defendants may not solicit to re-hire Oregon Personnel who were hired by Acquirer of the Oregon Divestiture Assets unless (a) an individual is terminated or laid off by Acquirer of the Oregon Divestiture Assets or (b) Acquirer of the Oregon Divestiture Assets agrees in writing that Defendants may solicit to re-hire that individual. Nothing in this Paragraph VII.J.6. prohibits Defendants from advertising employment openings using general solicitations or advertisements and re-hiring Oregon Personnel who apply for an employment opening through a general solicitation or advertisement.</P>
                    <P>K. Defendants must warrant to Acquirer of the Oregon Divestiture Assets that (1) the Oregon Divestiture Assets will be operational and without material defect on the date of their transfer to Acquirer of the Oregon Divestiture Assets and (2) Defendants have disclosed all encumbrances on any part of the Oregon Divestiture Assets, including on intangible property.</P>
                    <P>L. Supply Contracts:</P>
                    <P>1. At the option of Acquirer of the Oregon Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before Oregon Divestiture Date, Defendants must enter into a supply contract or contracts for parts for the maintenance of ISB Assets sufficient to meet the needs of Acquirer of the Oregon Divestiture Assets, as determined by Acquirer of the Oregon Divestiture Assets, for a period of up to three years, on terms and conditions reasonably related to market conditions for the supply of parts for the maintenance of ISB Assets. At the option of Acquirer of the Oregon Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for a total of up to an additional two years, on terms and conditions reasonably related to market conditions for the supply of parts for the maintenance of ISB Assets. Any amendment to or modification of any provision of any such supply contract or supply contract extension is subject to approval by the United States, in its sole discretion. If Acquirer of the Oregon Divestiture Assets seeks an extension of the term of any supply contract, Defendants must notify the United States in writing at least 90 calendar days prior to the date the supply contract expires. Acquirer of the Oregon Divestiture Assets may terminate a supply contract (including an extension of a supply contract), or any portion of a supply contract (including a portion of an extension of a supply contract), without cost or penalty upon 30 calendar days written notice.</P>
                    <P>2. At the option of Acquirer of the Oregon Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before Oregon Divestiture Date, Defendants must enter into a supply contract or contracts for packaged ice sufficient to meet the needs of Acquirer of the Oregon Divestiture Assets to supply packaged ice to the customers and locations listed in Schedule 4 to this Final Judgment, as determined by Acquirer of the Oregon Divestiture Assets, for a period of up to one year, on terms and conditions reasonably related to market conditions for the supply of packaged ice. At the option of Acquirer of the Oregon Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for the supply of packaged ice, on terms and conditions reasonably related to market conditions for the supply of packaged ice, for a total of up to an additional two years. Any amendment to or modification of any provision of any such supply contract or supply contract extension is subject to approval by the United States, in its sole discretion. If Acquirer of the Oregon Divestiture Assets seeks an extension of the term of any supply contract, Defendants must notify the United States in writing at least 90 calendar days prior to the date the supply contract expires. Acquirer of the Oregon Divestiture Assets may terminate a supply contract (including an extension of a supply contract), or any portion of a supply contract (including a portion of an extension of a supply contract), without cost or penalty upon 30 calendar days written notice.</P>
                    <P>M. Transition Services: At the option of Acquirer of the Oregon Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before Oregon Divestiture Date, Defendants must enter into a contract to provide transition services for back office, accounting, invoicing, customer service, employee health and safety, and information technology services and support for a period of up to 180 calendar days on terms and conditions reasonably related to market conditions for the provision of the transition services. At the option of Acquirer of the Oregon Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for a total of up to an additional 180 calendar days, on terms and conditions reasonably related to market conditions for the provision of the transition services. Any amendment to or modification of any transition services contract or extension to a transition services contract is subject to approval by the United States, in its sole discretion. If Acquirer of the Oregon Divestiture Assets seeks an extension of the term of any contract for transition services, Defendants must notify the United States in writing at least 30 calendar days prior to the date the contract expires. Acquirer of the Oregon Divestiture Assets may terminate a contract (including an extension) for transition services, or any portion of a contract (including an extension) for transition services, without cost or penalty upon 30 calendar days written notice. The employees of Defendants tasked with providing transition services to Acquirer of the Oregon Divestiture Assets must not share any competitively sensitive information of Acquirer of the Oregon Divestiture Assets with any other employee of Defendants.</P>
                    <P>N. Non-Compete: For a period of one year following Oregon Divestiture Date, Defendants must not sell any packaged ice to customers listed in Schedule 4 to this Final Judgment.</P>
                    <P>
                        O. No Customer Solicitation: For a period of three years following Oregon Divestiture Date, Defendants must not initiate customer-specific communications to solicit any customer for the portion of that customer's business covered by a contract, agreement, or relationship (or portion thereof) that is included in Schedule 4 
                        <PRTPAGE P="7647"/>
                        to this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that (1) Defendants may respond to inquiries initiated by customers and enter into negotiations at the request of such customers (including responding to requests for quotation or proposal) to supply any business, whether or not such business was included in the Oregon Divestiture Assets; and (2) Defendants must maintain a log of telephonic, electronic, in-person, and other communications that constitute inquiries or requests from customers included in the Oregon Divestiture Assets and make it available to the United States for inspection upon request.
                    </P>
                    <P>P. If any term of an agreement between Defendants and Acquirer of the Oregon Divestiture Assets, including an agreement to effectuate the divestiture required by this Final Judgment, varies from a term of this Final Judgment, to the extent that Defendants cannot fully comply with both, this Final Judgment determines Defendants' obligations.</P>
                    <HD SOURCE="HD1">VIII. Divestiture of Washington Divestiture Assets</HD>
                    <P>A. Defendants are ordered and directed, within 30 calendar days after the Court's entry of the Asset Preservation/Hold Separate Stipulation and Order in this matter, to (1) divest the Washington Divestiture Assets in a manner consistent with this Final Judgment to Columbia Basin Ice or another Acquirer acceptable to the United States, in its sole discretion, and (2) sever any existing manufacture, distribution, or co-pack agreement between Defendants and Acquirer of the Washington Divestiture Assets. The United States, in its sole discretion, may agree to one or more extensions of this time period not to exceed 60 calendar days in total and will notify the Court of any extensions.</P>
                    <P>
                        B. For all contracts, agreements, and customer relationships (or portions of such contracts, agreements, and customer relationships) included in the Washington Divestiture Assets, Defendants must assign or otherwise transfer all contracts, agreements, and customer relationships for customers and locations listed in Schedule 5 to this Final Judgment to Acquirer of the Washington Divestiture Assets within the deadlines set forth in Paragraph VIII.A. of this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that for any contract or agreement that requires the consent of another party to assign or otherwise transfer, Defendants must use best efforts to accomplish the assignment or transfer. Defendants must not interfere with any negotiations between Acquirer of the Washington Divestiture Assets and a contracting party.
                    </P>
                    <P>C. At the option of Acquirer of the Washington Divestiture Assets, Defendants must grant Acquirer of the Washington Divestiture Assets a rent-free and royalty-free right to use ISB Assets located at customer locations in Schedule 5 to this Final Judgment for a period of three years. At written request from Acquirer of the Washington Divestiture Assets, Defendants must remove ISB Assets from any requested customer location within 30 calendar days or provide written confirmation to Acquirer of the Washington Divestiture Assets to remove and dispose of ISB Assets.</P>
                    <P>D. Defendants must use best efforts to divest the Washington Divestiture Assets as expeditiously as possible. Defendants must take no action that would jeopardize the completion of the divestiture ordered by the Court, including any action to impede the permitting, operation, or divestiture of the Washington Divestiture Assets.</P>
                    <P>E. Unless the United States otherwise consents in writing, divestiture pursuant to this Final Judgment must include the entire Washington Divestiture Assets and must be accomplished in such a way as to satisfy the United States, in its sole discretion, that the Washington Divestiture Assets can and will be used by Acquirer of the Washington Divestiture Assets as part of a viable, ongoing business of the manufacture and sale of packaged ice and that the divestiture to Acquirer of the Washington Divestiture Assets will remedy the competitive harm alleged in the Complaint.</P>
                    <P>F. The divestiture of the Washington Divestiture Assets must be made to an Acquirer that, in the United States' sole judgment, has the intent and capability, including the necessary managerial, operational, technical, and financial capability, to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>G. The divestiture of the Washington Divestiture Assets must be accomplished in a manner that satisfies the United States, in its sole discretion, that none of the terms of any agreement between Acquirer of the Washington Divestiture Assets and Defendants give Defendants the ability unreasonably to raise costs for Acquirer of the Washington Divestiture Assets, to lower efficiency of Acquirer of the Washington Divestiture Assets, or otherwise interfere in the ability of Acquirer of the Washington Divestiture Assets to compete effectively in the manufacture and sale of packaged ice.</P>
                    <P>
                        H. In the event Defendants are attempting to divest the Washington Divestiture Assets to an Acquirer other than Columbia Basin Ice, Defendants promptly must make known, by usual and customary means, the availability of the Washington Divestiture Assets. Defendants must inform any person making an inquiry relating to a possible purchase of the Washington Divestiture Assets that the Washington Divestiture Assets are being divested in accordance with this Final Judgment and must provide that person with a copy of this Final Judgment. Defendants must offer to furnish to all prospective Acquirers of the Washington Divestiture Assets, subject to customary confidentiality assurances, all information and documents relating to the Washington Divestiture Assets that are customarily provided in a due diligence process; 
                        <E T="03">provided, however,</E>
                         that Defendants need not provide information or documents subject to the attorney-client privilege or work-product doctrine. Defendants must make all information and documents available to the United States at the same time that the information and documents are made available to any other person.
                    </P>
                    <P>I. Defendants must provide prospective Acquirers of the Washington Divestiture Assets with (1) access to make inspections of the Washington Divestiture Assets; (2) access to all environmental, zoning, and other permitting documents and information relating to the Washington Divestiture Assets; and (3) access to all financial, operational, or other documents and information relating to the Washington Divestiture Assets that would customarily be provided as part of a due diligence process. Defendants also must disclose all encumbrances on any part of the Washington Divestiture Assets, including on intangible property.</P>
                    <P>J. Defendants must cooperate with and assist Acquirer of the Washington Divestiture Assets in identifying and, at the option of Acquirer of the Washington Divestiture Assets, hiring all Washington Personnel, including:</P>
                    <P>1. Within 10 business days following the entry of the Asset Preservation/Hold Separate Stipulation and Order in this matter, Defendants must identify all Washington Personnel to Acquirer of the Washington Divestiture Assets and the United States, including by providing organization charts covering all Washington Personnel.</P>
                    <P>
                        2. Within 10 business days following receipt of a request by Acquirer of the Washington Divestiture Assets, the United States, or the monitor, Defendants must provide to Acquirer of the Washington Divestiture Assets, the United States, or the monitor additional 
                        <PRTPAGE P="7648"/>
                        information relating to Washington Personnel, including name, job title, reporting relationships, past experience, responsibilities, training and educational histories, relevant certifications, and job performance evaluations. Defendants must also provide to Acquirer of the Washington Divestiture Assets, the United States, and the monitor information relating to current and accrued compensation and benefits of Washington Personnel, including most recent bonuses paid, aggregate annual compensation, current target or guaranteed bonus, if any, any retention agreement or incentives, and any other payments due, compensation or benefits accrued, or promises made to the Washington Personnel. If Defendants are barred by any applicable law from providing any of this information, Defendants must provide, within 10 business days following receipt of the request, the requested information to the full extent permitted by law and also must provide a written explanation of Defendants' inability to provide the remaining information, including specifically identifying the provisions of the applicable laws.
                    </P>
                    <P>3. At the request of Acquirer of the Washington Divestiture Assets, Defendants must promptly make Washington Personnel available for private interviews with Acquirer of the Washington Divestiture Assets during normal business hours at a mutually agreeable location.</P>
                    <P>4. Defendants must not interfere with any effort by Acquirer of the Washington Divestiture Assets to employ any Washington Personnel. Interference includes offering to increase the compensation or improve the benefits of Washington Personnel unless (a) the offer is part of a company-wide increase in compensation or improvement in benefits that was announced prior to January 1, 2026, or (b) the offer is approved by the United States in its sole discretion. Defendants' obligations under this Paragraph VIII.J.4. of this Final Judgment will expire 180 calendar days after Washington Divestiture Date.</P>
                    <P>5. For Washington Personnel who elect employment with Acquirer of the Washington Divestiture Assets within 180 calendar days of Washington Divestiture Date, Defendants must waive all non-compete and non-disclosure agreements; vest and pay to the Washington Personnel (or to Acquirer of the Washington Divestiture Assets for payment to the employee) on a prorated basis any bonuses, incentives, other salary, benefits, or other compensation fully or partially accrued at the time of the transfer of the employee to Acquirer of the Washington Divestiture Assets; vest any unvested pension and other equity rights; and provide all other benefits that those Washington Personnel otherwise would have been provided had the Washington Personnel continued employment with Defendants, including any retention bonuses or payments. Defendants may maintain reasonable restrictions on disclosure by Washington Personnel of Defendants' proprietary non-public information that is unrelated to the Washington Divestiture Assets and not otherwise required to be disclosed by this Final Judgment.</P>
                    <P>6. Non-Solicitation: For a period of six months from Washington Divestiture Date, Defendants may not solicit to re-hire Washington Personnel who were hired by Acquirer of the Washington Divestiture Assets unless (a) an individual is terminated or laid off by Acquirer of the Washington Divestiture Assets or (b) Acquirer of the Washington Divestiture Assets agrees in writing that Defendants may solicit to re-hire that individual. Nothing in this Paragraph VIII.J.6. prohibits Defendants from advertising employment openings using general solicitations or advertisements and re-hiring Washington Personnel who apply for an employment opening through a general solicitation or advertisement.</P>
                    <P>K. Defendants must warrant to Acquirer of the Washington Divestiture Assets that (1) the Washington Divestiture Assets will be operational and without material defect on the date of their transfer to Acquirer of the Washington Divestiture Assets; (2) there are no material defects in the environmental, zoning, or other permits relating to the operation of the Washington Divestiture Assets; and (3) Defendants have disclosed all encumbrances on any part of the Washington Divestiture Assets, including on intangible property. Following the sale of the Washington Divestiture Assets, Defendants must not undertake, directly or indirectly, challenges to the environmental, zoning, or other permits relating to the operation of the Washington Divestiture Assets.</P>
                    <P>L. Defendants must use best efforts to assist Acquirer of the Washington Divestiture Assets to obtain all necessary licenses, registrations, and permits to operate the Washington Divestiture Assets. Until Acquirer of the Washington Divestiture Assets obtains the necessary licenses, registrations, and permits, Defendants must provide Acquirer of the Washington Divesture Assets with the benefit of Defendants' licenses, registrations, and permits to the full extent permissible by law.</P>
                    <P>M. Supply Contracts:</P>
                    <P>1. At the option of Acquirer of the Washington Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before Washington Divestiture Date, Defendants must enter into a supply contract or contracts for parts for the maintenance of ISB Assets sufficient to meet the needs of Acquirer of the Washington Divestiture Assets, as determined by Acquirer of the Washington Divestiture, for a period of up to three years, on terms and conditions reasonably related to market conditions for the supply of parts for the maintenance of ISB Assets. At the option of Acquirer of the Washington Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for a total of up to an additional two years, on terms and conditions reasonably related to market conditions for the supply of parts for the maintenance of ISB Assets. Any amendment to or modification of any provision of any such supply contract or supply contract extension is subject to approval by the United States, in its sole discretion. If Acquirer of the Washington Divestiture Assets seeks an extension of the term of any supply contract, Defendants must notify the United States in writing at least 90 calendar days prior to the date the supply contract expires. Acquirer of the Washington Divestiture Assets may terminate a supply contract (including an extension of a supply contract), or any portion of a supply contract (including a portion of an extension of a supply contract), without cost or penalty upon 30 calendar days written notice.</P>
                    <P>
                        2. At the option of Acquirer of the Washington Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before Washington Divestiture Date, Defendants must enter into a supply contract or contracts for packaged ice sufficient to meet the needs of Acquirer of the Washington Divestiture Assets to supply packaged ice to the customers and locations listed in Schedule 5 to this Final Judgment, as determined by Acquirer of the Washington Divestiture, for a period of up to one year, for the supply of packaged ice on terms and conditions reasonably related to market conditions for the supply of packaged ice. At the option of Acquirer of the Washington Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter 
                        <PRTPAGE P="7649"/>
                        into one or more extensions of any such contracts for the supply of packaged ice, on terms and conditions reasonably related to market conditions for the supply of packaged ice, for a total of up to an additional two years. Any amendment to or modification of any provision of any such supply contract or supply contract extension is subject to approval by the United States, in its sole discretion. If Acquirer of the Washington Divestiture Assets seeks an extension of the term of any supply contract, Defendants must notify the United States in writing at least 90 calendar days prior to the date the supply contract expires. Acquirer of the Washington Divestiture Assets may terminate a supply contract (including an extension of a supply contract), or any portion of a supply contract (including a portion of an extension of a supply contract), without cost or penalty upon 30 calendar days written notice.
                    </P>
                    <P>N. Transition Services: At the option of Acquirer of the Washington Divestiture Assets, and subject to approval by the United States in its sole discretion, on or before Washington Divestiture Date, Defendants must enter into a contract to provide transition services for back office, accounting, invoicing, customer service, employee health and safety, and information technology services and support for a period of up to 180 calendar days on terms and conditions reasonably related to market conditions for the provision of the transition services. At the option of Acquirer of the Washington Divestiture Assets, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for a total of up to an additional 180 calendar days, on terms and conditions reasonably related to market conditions for the provision of the transition services. Any amendment to or modification of any transition services contract or extension to a transition services contract is subject to approval by the United States, in its sole discretion. If Acquirer of the Washington Divestiture Assets seeks an extension of the term of any contract for transition services, Defendants must notify the United States in writing at least 30 calendar days prior to the date the contract expires. Acquirer of the Washington Divestiture Assets may terminate a contract (including an extension) for transition services, or any portion of a contract (including an extension) for transition services, without cost or penalty upon 30 calendar days written notice. The employees of Defendants tasked with providing transition services to Acquirer of the Washington Divestiture Assets must not share any competitively sensitive information of Acquirer of the Divestiture Assets with any other employee of Defendants.</P>
                    <P>O. Non-Compete: For a period of one year following Washington Divestiture Date, Defendants must not sell any packaged ice to customers listed in Schedule 5 to this Final Judgment.</P>
                    <P>
                        P. No Customer Solicitation: For a period of three years following Washington Divestiture Date, Defendants must not initiate customer-specific communications to solicit any customer for the portion of that customer's business covered by a contract, agreement, or relationship (or portion thereof) that is included in Schedule 5 to this Final Judgment; 
                        <E T="03">provided, however,</E>
                         that (1) Defendants may respond to inquiries initiated by customers and enter into negotiations at the request of such customers (including responding to requests for quotation or proposal) to supply any business, whether or not such business was included in the Washington Divestiture Assets; and (2) Defendants must maintain a log of telephonic, electronic, in-person, and other communications that constitute inquiries or requests from customers included in the Washington Divestiture Assets and make it available to the United States for inspection upon request.
                    </P>
                    <P>Q. If any term of an agreement between Defendants and Acquirer of the Washington Divestiture Assets, including an agreement to effectuate the divestiture required by this Final Judgment, varies from a term of this Final Judgment, to the extent that Defendants cannot fully comply with both, this Final Judgment determines Defendants' obligations.</P>
                    <HD SOURCE="HD1">IX. Appointment of Divestiture Trustee</HD>
                    <P>A. If Defendants have not divested all of the Divestiture Assets within the periods specified in Paragraphs IV.A., V.A., VI.A., VII.A., and VIII.A. of this Final Judgment, Defendants must immediately notify the United States of that fact in writing. Upon application of the United States, which Defendants may not oppose, the Court will appoint a divestiture trustee selected by the United States and approved by the Court to effect the divestiture of any of the Divestiture Assets that have not been sold during the time periods specified in Paragraphs IV.A., V.A., VI.A., VII.A., and VIII.A. of this Final Judgment.</P>
                    <P>B. After the appointment of a divestiture trustee by the Court, only the divestiture trustee will have the right to sell those Divestiture Assets that the divestiture trustee has been appointed to sell. The divestiture trustee will have the power and authority to accomplish the divestitures to an Acquirer or Acquirers acceptable to the United States, in its sole discretion, at a price and on terms obtainable through reasonable effort by the divestiture trustee, subject to the provisions of Sections IV, V, VI, VII, and VIII of this Final Judgment, and will have other powers as the Court deems appropriate. The divestiture trustee must sell the Divestiture Assets as quickly as possible.</P>
                    <P>C. Defendants may not object to a sale by the divestiture trustee on any ground other than malfeasance by the divestiture trustee. Objections by Defendants must be conveyed in writing to the United States and the divestiture trustee within 10 calendar days after the divestiture trustee has provided the notice of proposed divestiture required by Section X in this Final Judgment.</P>
                    <P>D. The divestiture trustee will serve at the cost and expense of Defendants pursuant to a written agreement, on terms and conditions, including confidentiality requirements and conflict of interest certifications, approved by the United States in its sole discretion.</P>
                    <P>E. The divestiture trustee may hire at the cost and expense of Defendants any agents or consultants, including investment bankers, attorneys, and accountants, that are reasonably necessary in the divestiture trustee's judgment to assist with the divestiture trustee's duties. These agents or consultants will be accountable solely to the divestiture trustee and will serve on terms and conditions, including confidentiality requirements and conflict-of-interest certifications, approved by the United States in its sole discretion.</P>
                    <P>
                        F. The compensation of the divestiture trustee and agents or consultants hired by the divestiture trustee must be reasonable in light of the value of the Divestiture Assets and based on a fee arrangement that provides the divestiture trustee with incentives based on the price and terms of the divestiture and the speed with which it is accomplished. If the divestiture trustee and Defendants are unable to reach agreement on the divestiture trustee's compensation or other terms and conditions of engagement within 14 calendar days of the appointment of the divestiture trustee by the Court, the United States, in its sole discretion, may take appropriate action, including by making 
                        <PRTPAGE P="7650"/>
                        a recommendation to the Court. Within three business days of hiring an agent or consultant, the divestiture trustee must provide written notice of the hiring and rate of compensation to Defendants and the United States.
                    </P>
                    <P>G. The divestiture trustee must account for all monies derived from the sale of the Divestiture Assets by the divestiture trustee and all costs and expenses incurred. Within 30 calendar days of the Divestiture Date, the divestiture trustee must submit that accounting to the Court for approval. After approval by the Court of the divestiture trustee's accounting, including fees for unpaid services and those of agents or consultants hired by the divestiture trustee, all remaining money must be paid to Defendants, and the trust will then be terminated.</P>
                    <P>H. Defendants must use best efforts to assist the divestiture trustee to accomplish the required divestitures. Subject to reasonable protection for trade secrets, other confidential research, development, or commercial information, or any applicable privileges, Defendants must provide the divestiture trustee and agents or consultants retained by the divestiture trustee with full and complete access to all personnel, books, records, and facilities of the Divestiture Assets. Defendants also must provide or develop financial and other information relevant to the Divestiture Assets that the divestiture trustee may reasonably request. Defendants must not take any action to interfere with or to impede the divestiture trustee's accomplishment of the divestitures.</P>
                    <P>I. The divestiture trustee must maintain complete records of all efforts made to sell the Divestiture Assets, including by filing monthly reports with the United States setting forth the divestiture trustee's efforts to accomplish the divestitures ordered by this Final Judgment. The reports must include the name, address, and telephone number of each person who, during the preceding month, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring any interest in the Divestiture Assets and must describe in detail each contact.</P>
                    <P>J. If the divestiture trustee has not accomplished the divestitures ordered by this Final Judgment within 180 calendar days of appointment, the divestiture trustee must promptly provide the United States with a report setting forth: (1) the divestiture trustee's efforts to accomplish the required divestitures; (2) the reasons, in the divestiture trustee's judgment, why the required divestitures have not been accomplished; and (3) the divestiture trustee's recommendations for completing the divestitures. Following receipt of that report, the United States may make additional recommendations to the Court. The Court thereafter may enter such orders as it deems appropriate to carry out the purpose of this Final Judgment, which may include extending the trust and the term of the divestiture trustee's appointment by a period requested by the United States.</P>
                    <P>K. The divestiture trustee will serve until divestiture of all Divestiture Assets is completed or for a term otherwise ordered by the Court.</P>
                    <P>L. If the United States determines that the divestiture trustee is not acting diligently or in a reasonably cost-effective manner, the United States may recommend that the Court appoint a substitute divestiture trustee.</P>
                    <HD SOURCE="HD1">X. Notice of Proposed Divestiture</HD>
                    <P>A. Within two business days following execution of a definitive divestiture agreement with an Acquirer other than Columbia Basin Ice for the Washington Divestiture Assets, Dee Zee Ice for the Massachusetts Divestiture Assets, Natuzzi Ice for the New York Divestiture Assets, Oregon Ice for the Oregon Divestiture Assets, or San Diego Ice for the California Divestiture Assets, Defendants or the divestiture trustee, whichever is then responsible for effecting the divestitures, must notify the United States of the proposed divestiture. If the divestiture trustee is responsible for completing the divestiture, the divestiture trustee also must notify Defendants. The notice must set forth the details of the proposed divestiture and list the name, address, and telephone number of each person not previously identified who offered or expressed an interest in or desire to acquire any ownership interest in the Divestiture Assets.</P>
                    <P>B. After receipt by the United States of the notice required by Paragraph X.A. of this Final Judgment, the United States may make one or more requests to Defendants or the divestiture trustee for additional information concerning the proposed divestiture, the proposed Acquirers, and other prospective Acquirers. Defendants and the divestiture trustee must furnish any additional information requested within 15 calendar days of the receipt of each request unless the United States provides written agreement to a different period.</P>
                    <P>C. Within 45 calendar days after receipt of the notice required by Paragraph X.A. of this Final Judgment or within 20 calendar days after the United States has been provided the additional information requested pursuant to Paragraph X.B. of this Final Judgment, whichever is later, the United States will provide written notice to Defendants and any divestiture trustee that states whether the United States, in its sole discretion, objects to any proposed Acquirer or any other aspect of the proposed divestitures. Without written notice that the United States does not object, a divestiture may not be consummated. If the United States provides written notice that it does not object, the divestiture may be consummated, subject only to Defendants' limited right to object to the sale under Paragraph IX.C. of this Final Judgment. Upon objection by Defendants pursuant to Paragraph IX.C. of this Final Judgment, a divestiture by the divestiture trustee may not be consummated unless approved by the Court.</P>
                    <HD SOURCE="HD1">XI. Financing</HD>
                    <P>Defendants may not finance all or any part of any Acquirer's purchase of all or part of the Divestiture Assets.</P>
                    <HD SOURCE="HD1">XII. Asset Preservation/Hold Separate Obligations</HD>
                    <P>Defendants must take all steps necessary to comply with the Asset Preservation/Hold Separate Stipulation and Order entered by the Court.</P>
                    <HD SOURCE="HD1">XIII. Affidavits</HD>
                    <P>A. Within 20 calendar days of entry of the Asset Preservation/Hold Separate Stipulation and Order, and every 30 calendar days thereafter until the divestitures required by this Final Judgment have been completed, each Defendant must deliver to the United States an affidavit, signed by each Defendant's Chief Financial Officer and General Counsel (for Arctic Glacier) or Corporate Counsel (for Reddy Ice), describing in reasonable detail the fact and manner of that Defendant's compliance with this Final Judgment. The United States, in its sole discretion, may approve different signatories for the affidavits.</P>
                    <P>
                        B. In the event Defendants are attempting to divest the Divestiture Assets to an Acquirer other than Columbia Basin Ice for the Washington Divestiture Assets, Dee Zee Ice for the Massachusetts Divestiture Assets, Natuzzi Ice for the New York Divestiture Assets, Oregon Ice for the Oregon Divestiture Assets, or San Diego Ice for the California Divestiture Assets, each affidavit required by Paragraph XIII.A. of this Final Judgment must include: (1) the name, address, and telephone number of each person who, during the 
                        <PRTPAGE P="7651"/>
                        preceding 30 calendar days, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, an interest in the Divestiture Assets and describe in detail each contact with such persons during that period; (2) a description of the efforts Defendants have taken to solicit buyers for and complete the sale of the Divestiture Assets and to provide required information to prospective Acquirers; and (3) a description of any limitations placed by Defendants on information provided to prospective Acquirers. Objection by the United States to information provided by Defendants to prospective Acquirers must be made within 14 calendar days of receipt of the affidavit, except that the United States may object at any time if the information set forth in the affidavit is not true or complete.
                    </P>
                    <P>C. Defendants must keep all records of any efforts made to divest the Divestiture Assets until one year after the Divestiture Date.</P>
                    <P>D. Within 20 calendar days of entry of the Asset Preservation/Hold Separate Stipulation and Order, each Defendant must deliver to the United States an affidavit signed by each Defendant's Chief Financial Officer and General Counsel (for Arctic Glacier) or Corporate Counsel (for Reddy Ice) that describes in reasonable detail all actions that Defendant has taken and all steps that Defendant has implemented on an ongoing basis to comply with Section XII of this Final Judgment. The United States, in its sole discretion, may approve different signatories for the affidavits.</P>
                    <P>E. If a Defendant makes any changes to actions and steps described in affidavits provided pursuant to Paragraph XIII.D. of this Final Judgment, the Defendant must, within 15 calendar days after any change is implemented, deliver to the United States an affidavit describing those changes.</P>
                    <P>F. Defendants must keep all records of any efforts made to comply with Section XII of this Final Judgment until one year after the Divestiture Date.</P>
                    <HD SOURCE="HD1">XIV. Appointment of Monitor</HD>
                    <P>A. Upon application of the United States, which Defendants may not oppose, the Court will appoint a monitor selected by the United States in its sole discretion and approved by the Court. Defendants may propose three monitor candidates to the United States. Once approved, the court-appointed monitor should be considered by the United States and Defendants to be an arm and representative of the Court.</P>
                    <P>B. The monitor will have the power and authority to monitor Defendants' compliance with the terms of this Final Judgment and the Asset Preservation/Hold Separate Stipulation and Order entered by the Court and will have other powers as the Court deems appropriate. The monitor will have no responsibility or obligation for the operation of the Divestiture Assets or the operation of Defendants' businesses. No attorney-client relationship will be formed between Defendants and the monitor.</P>
                    <P>C. The monitor will have the authority to take such steps as, in the judgment of the monitor and the United States, may be necessary to accomplish the monitor's responsibilities. The monitor may seek information from Defendants' personnel, including in-house counsel, compliance personnel, and internal auditors. Defendants must establish a policy, annually communicated to all employees, that employees may disclose any information to the monitor without reprisal for such disclosure. Defendants must not retaliate against any employee or third party for disclosing information to the monitor.</P>
                    <P>D. Defendants may not object to actions taken by the monitor in fulfillment of the monitor's responsibilities under any Order of the Court on any ground other than malfeasance by the monitor. Disagreements between the monitor and Defendants related to the scope of the monitor's responsibilities do not constitute malfeasance. Objections by Defendants must be conveyed in writing to the United States and the monitor within 20 calendar days of the monitor's action that gives rise to Defendants' objection, or the objection is waived.</P>
                    <P>E. The monitor will serve at the cost and expense of Defendants pursuant to a written agreement, on terms and conditions, including confidentiality requirements and conflict of interest certifications, approved by the United States in its sole discretion. If the monitor and Defendants are unable to reach such a written agreement within 14 calendar days of the Court's appointment of the monitor, or if the United States, in its sole discretion, declines to approve the proposed written agreement, the United States, in its sole discretion, may take appropriate action, including making a recommendation to the Court, which may set the terms and conditions for the monitor's work, including compensation, costs, and expenses.</P>
                    <P>F. The monitor may hire, at the cost and expense of Defendants, any agents and consultants, including investment bankers, attorneys, and accountants, that are reasonably necessary in the monitor's judgment to assist with the monitor's duties. These agents or consultants will be directed by and solely accountable to the monitor and will serve on terms and conditions, including confidentiality requirements and conflict-of-interest certifications, approved by the United States in its sole discretion. Within three business days of hiring any agents or consultants, the monitor must provide written notice of the hiring and the rate of compensation to Defendants and the United States.</P>
                    <P>G. The compensation of the monitor and agents or consultants retained by the monitor must be on reasonable and customary terms commensurate with the individuals' experience and responsibilities.</P>
                    <P>H. The monitor must account for all costs and expenses incurred.</P>
                    <P>I. Defendants' failure to promptly pay the monitor's accounted-for costs and expenses, including for agents and consultants, will constitute a violation of this Final Judgment and may result in sanctions ordered by the Court. If Defendants make a timely objection in writing to the United States to any part of the monitor's accounted-for costs and expenses, Defendants must establish an escrow account into which Defendants must pay the disputed costs and expenses until the dispute is resolved.</P>
                    <P>J. Defendants must use best efforts to cooperate fully with the monitor and to assist the monitor to monitor Defendants' compliance with their obligations under this Final Judgment and the Asset Preservation/Hold Separate Stipulation and Order. Subject to reasonable protection for trade secrets, other confidential research, development, or commercial information, or any applicable privileges, Defendants must provide the monitor and agents or consultants retained by the monitor with full and complete access to all personnel (current and former), agents, consultants, books, records, and facilities. Defendants may not take any action to interfere with or to impede accomplishment of the monitor's responsibilities.</P>
                    <P>
                        K. The monitor must investigate and report on Defendants' compliance with this Final Judgment and the Asset Preservation/Hold Separate Stipulation and Order, including Defendants' compliance with the supply contracts provisions in Paragraphs IV.L., V.J., VI.J., VII.L., and VIII.M. of this Final Judgment; the transition services provisions in Paragraphs IV.M., V.K., VI.K., VII.M., and VIII.N. of this Final Judgment; the non-compete provisions in Paragraphs IV.N., V.L., VI.L., VII.N., 
                        <PRTPAGE P="7652"/>
                        and VIII.O. of this Final Judgment; the non-solicitation provisions in Paragraphs IV.O., V.M., VI.M., VII.O., and VIII.P. of this Final Judgment; and the Antitrust Compliance program Training in Section XV of this Final Judgment. The monitor must provide periodic reports to the United States setting forth Defendants' efforts to comply with their obligations under this Final Judgment and under the Asset Preservation/Hold Separate Stipulation and Order. The United States, in its sole discretion, will set the frequency of the monitor's reports, but, at minimum, the monitor must provide reports every 90 calendar days.
                    </P>
                    <P>L. Within 30 calendar days after appointment of the monitor by the Court, and on a yearly basis thereafter, the monitor must provide to the United States and Defendants a proposed written work plan consistent with the monitor's responsibilities as set forth in this Section XIV. Defendants may provide comments on the proposed written work plan to the United States and the monitor within 14 calendar days after receipt, after which the monitor must produce a final work plan to the United States and Defendants, for approval by the United States in its sole discretion. Any disputes between Defendants and the monitor with respect to any written work plan will be decided by the United States in its sole discretion. The United States retains the right, in its sole discretion, to require changes or additions to a work plan at any time.</P>
                    <P>
                        M. The monitor may communicate 
                        <E T="03">ex parte</E>
                         with the Court when, in the monitor's judgment, such communication is reasonably necessary to the monitor's duties under this Final Judgment, including if Defendants fail to pay the monitor's costs and expenses in a timely manner or otherwise violate this Final Judgment.
                    </P>
                    <P>N. The monitor will serve until 90 calendar days after the terms of all supply contracts or non-solicitation requirements required by this Final Judgment have expired, whichever is later, unless the United States, in its sole discretion, determines a different period is appropriate.</P>
                    <P>O. If the United States determines that the monitor is not acting diligently or in a reasonably cost-effective manner, or if the monitor resigns or becomes unable to accomplish the monitor's duties, the United States may recommend that the Court appoint a substitute.</P>
                    <HD SOURCE="HD1">XV. Antitrust Compliance Training</HD>
                    <P>Within 90 calendar days of entry of this Final Judgment, and on an annual basis thereafter for the duration of this Final Judgment, Defendant Reddy Ice must conduct an antitrust compliance training in a form and content devised by Defendant Reddy Ice and approved by the United States in its sole discretion on (i) the meaning and requirements of this Final Judgment and the Asset Preservation/Hold Separate Stipulation and Order, and (ii) compliance with federal and applicable state antitrust laws and guidelines. Defendant Reddy Ice must provide such training to (i) Defendant Reddy Ice's corporate leadership (including Defendant Reddy Ice's President, Chief Executive Officer, Chief Financial Officer, and Chief Commercial Officer, or their corporate equivalents, and their direct reports and (ii) all employees of Defendant Reddy Ice who communicate in any way with other manufacturers, suppliers, or distributors of packaged ice. The Chief Legal Officer of Defendant Reddy Ice must submit an affidavit certifying compliance with this training requirement within 370 calendar days of entry of this Final Judgment and on an annual basis thereafter for the duration of this Final Judgment. The United States, in its sole discretion, may approve a different signatory for the affidavit.</P>
                    <HD SOURCE="HD1">XVI. Compliance Inspection</HD>
                    <P>A. For the purposes of determining or securing compliance with this Final Judgment or of related orders such as the Asset Preservation/Hold Separate Stipulation and Order or of determining whether this Final Judgment should be modified or vacated, upon the written request of an authorized representative of the Assistant Attorney General for the Antitrust Division and reasonable notice to Defendants, Defendants must permit, from time to time and subject to legally recognized privileges, authorized representatives, including agents retained by the United States:</P>
                    <P>1. to have access during Defendants' business hours to inspect and copy, or at the option of the United States, to require Defendants to provide electronic copies of all books, ledgers, accounts, records, data, and documents, wherever located, in the possession, custody, or control of Defendants relating to any matters contained in this Final Judgment; and</P>
                    <P>2. to interview, either informally or on the record, Defendants' officers, employees, or agents, wherever located, who may have their individual counsel present, relating to any matters contained in this Final Judgment. The interviews must be subject to the reasonable convenience of the interviewee and without restraint or interference by Defendants.</P>
                    <P>B. Upon the written request of an authorized representative of the Assistant Attorney General for the Antitrust Division, Defendants must submit written reports or respond to written interrogatories, under oath if requested, relating to any matters contained in this Final Judgment.</P>
                    <HD SOURCE="HD1">XVII. Notification</HD>
                    <P>A. Unless a transaction is otherwise subject to the reporting and waiting period requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, 15 U.S.C. 18a (the “HSR Act”), Defendants may not, without first providing at least 30 calendar days advance notification to the United States, directly or indirectly acquire any assets of or any interest in, including a financial, security, loan, equity, or management interest, an entity valued at 15% of the HSR Act's “size of transaction” threshold (as adjusted annually) or greater that is involved in the manufacture or sale of packaged ice in Oregon; Washington; Imperial County, Los Angeles County, Orange County, Riverside County, San Bernardino County, or San Diego County in California; to, or within 50 miles of, customers located at Newark Liberty International Airport, John F. Kennedy International Airport, LaGuardia Airport, or Boston Logan International Airport; during the five-year period following entry of this Final Judgment.</P>
                    <P>B. Defendants must provide the notification required by Section XVII of this Final Judgment in the same format as, and in accordance with the instructions relating to, the Notification and Report Form set forth in the Appendix to Part 803 of Title 16 of the Code of Federal Regulations, as amended, except that the information requested in the Additional Information section must be provided only about the manufacture or sale of packaged ice.</P>
                    <P>C. Notification must include, beyond the information required by the instructions, the names of the principal representatives who negotiated the transaction on behalf of each party, and all management or strategic plans discussing the proposed transaction. If, within the 30 calendar days following notification, representatives of the United States make a written request for additional information, Defendants may not consummate the proposed transaction until 30 calendar days after submitting all requested information.</P>
                    <P>
                        D. Early termination of the waiting periods set forth in Section XVII of this Final Judgment may be requested and, where appropriate, granted in the same manner as is applicable under the 
                        <PRTPAGE P="7653"/>
                        requirements and provisions of the HSR Act and rules promulgated thereunder. Section XVII of this Final Judgment must be broadly construed, and any ambiguity or uncertainty relating to whether to file a notice under Section XVII of this Final Judgment must be resolved in favor of filing notice.
                    </P>
                    <HD SOURCE="HD1">XVIII. No Reacquisition and Limitations on Acquisitions, Joint Ventures, Partnerships, and Collaborations</HD>
                    <P>A. Defendants may not reacquire any part of or any interest in the Divestiture Assets during the term of this Final Judgment without prior written authorization of the United States in its sole discretion. In addition, during the term of this Final Judgment, Defendants may not, without the prior written authorization of the United States in its sole discretion, acquire any part of or any interest in any Acquirer.</P>
                    <P>B. During the term of this Final Judgment, Defendants may not enter into a new joint venture, partnership, or collaboration, including any distribution or co-packing agreement, with any Acquirer, except that after five years from the date of entry of this Final Judgment, the United States may, in its sole discretion, permit Defendants to enter into distribution or co-packing agreements with Acquirers. Further, the United States may, in its sole discretion, approve distribution or co-packing agreements between Defendants and Acquirers even during the period when such agreements are prohibited by this Final Judgment.</P>
                    <HD SOURCE="HD1">XIX. Public Disclosure</HD>
                    <P>A. No information or documents obtained pursuant to any provision in this Final Judgment, including reports the monitor provides to the United States pursuant to Paragraphs XIV.K. and XIV.L. of this Final Judgment, may be divulged by the United States or the monitor to any person other than an authorized representative of the executive branch of the United States, except in the course of legal proceedings to which the United States is a party, including grand-jury proceedings, for the purpose of evaluating a proposed Acquirer or securing compliance with this Final Judgment, or as otherwise required by law.</P>
                    <P>B. In the event that the monitor receives a subpoena, court order, or other court process seeking or requiring production of information or documents obtained pursuant to any provision in this Final Judgment, including reports the monitor provides to the United States pursuant to Paragraphs XIV.K. and XIV.L. of this Final Judgment, the monitor must notify the United States and Defendants immediately and prior to any disclosure, so that Defendants may address such potential disclosure and, if necessary, pursue alternative legal remedies, including if deemed appropriate by Defendants, intervention in the relevant proceedings.</P>
                    <P>
                        C. In the event of a request by a third party, pursuant to the Freedom of Information Act, 5 U.S.C. 552, for disclosure of information obtained pursuant to any provision of this Final Judgment, the United States will act in accordance with that statute and the Department of Justice regulations at 28 CFR part 16, including the provision on confidential commercial information at 28 CFR 16.7. Defendants submitting information to the Antitrust Division should designate the confidential commercial information portions of all applicable documents and information under 28 CFR 16.7. Designations of confidentiality expire 10 years after submission, “unless the submitter requests and provides justification for a longer designation period.” 
                        <E T="03">See</E>
                         28 CFR 16.7(b).
                    </P>
                    <P>D. If at the time that Defendants furnish information or documents to the United States pursuant to any provision of this Final Judgment, Defendants represent and identify in writing information or documents for which a claim of protection may be asserted under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure, and Defendants mark each pertinent page of such material, “Subject to claim of protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure,” the United States must give Defendants 10 calendar days notice before divulging the material in any legal proceeding (other than a grand jury proceeding).</P>
                    <HD SOURCE="HD1">XX. Retention of Jurisdiction</HD>
                    <P>The Court retains jurisdiction to enable any party to this Final Judgment to apply to the Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Final Judgment, to modify any of its provisions, to enforce compliance, and to punish violations of its provisions.</P>
                    <HD SOURCE="HD1">XXI. Enforcement of Final Judgment</HD>
                    <P>A. If at any time during the five-year period following entry of this Final Judgment, the United States determines in its sole discretion that the Final Judgment has failed to fully redress the violations alleged in the Complaint, then the United States may re-open this proceeding to seek additional relief, including divestiture of additional assets. Such additional relief may be ordered by this Court upon a finding by a preponderance of the evidence that there is a reasonable probability that the proposed Final Judgment did not fully redress the violations alleged in the Complaint.</P>
                    <P>B. The United States retains and reserves all rights to enforce the provisions of this Final Judgment, including the right to seek an order of contempt from the Court. In a civil contempt action, a motion to show cause, or a similar action brought by the United States relating to an alleged violation of this Final Judgment, the United States may establish a violation of this Final Judgment and the appropriateness of a remedy therefor by a preponderance of the evidence, and Defendants waive any argument that a different standard of proof should apply.</P>
                    <P>C. This Final Judgment should be interpreted to give full effect to the procompetitive purposes of the antitrust laws and to restore the competition the United States alleges was harmed by the challenged conduct. Defendants may be held in contempt of, and the Court may enforce, any provision of this Final Judgment that, as interpreted by the Court in light of these procompetitive principles and applying ordinary tools of interpretation, is stated specifically and in reasonable detail, whether or not it is clear and unambiguous on its face. In any such interpretation, the terms of this Final Judgment should not be construed against either party as the drafter.</P>
                    <P>D. In an enforcement proceeding in which the Court finds that Defendants have violated this Final Judgment, the United States may apply to the Court for an extension of this Final Judgment, together with other relief that may be appropriate. In connection with a successful effort by the United States to enforce this Final Judgment against a Defendant, whether litigated or resolved before litigation, that Defendant must reimburse the United States for the fees and expenses of its attorneys, as well as all other costs including experts' fees, incurred in connection with that effort to enforce this Final Judgment, including during the investigation of the potential violation.</P>
                    <P>
                        E. For a period of four years following the expiration of this Final Judgment, if the United States has evidence that a Defendant violated this Final Judgment before it expired, the United States may file an action against that Defendant in this Court requesting that the Court order: (1) Defendant to comply with the terms of this Final Judgment for an additional term of at least four years following the filing of the enforcement 
                        <PRTPAGE P="7654"/>
                        action; (2) all appropriate contempt remedies; (3) additional relief needed to ensure the Defendant complies with the terms of this Final Judgment; and (4) fees or expenses as called for by Section XXI of this Final Judgment.
                    </P>
                    <HD SOURCE="HD1">XXII. Expiration of Final Judgment</HD>
                    <P>Unless the Court grants an extension, this Final Judgment will expire 10 years from the date of its entry, except that after five years from the date of its entry, this Final Judgment may be terminated upon notice by the United States to the Court and Defendants that the divestitures have been completed and continuation of this Final Judgment is no longer necessary or in the public interest.</P>
                    <HD SOURCE="HD1">XXIII. Public Interest Determination</HD>
                    <P>Entry of this Final Judgment is in the public interest. The parties have complied with the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. 16, including by making available to the public copies of this Final Judgment and the Competitive Impact Statement, public comments thereon, and any response to comments by the United States. Based upon the record before the Court, which includes the Competitive Impact Statement and, if applicable, any comments and response to comments filed with the Court, entry of this Final Judgment is in the public interest.</P>
                    <FP SOURCE="FP-DASH">Date: </FP>
                    <FP>[Court approval subject to procedures of Antitrust Procedures and Penalties Act, 15 U.S.C. 16]</FP>
                    <FP SOURCE="FP-DASH"/>
                    <FP>United States District Judge</FP>
                    <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,r100">
                        <TTITLE>Schedule 1</TTITLE>
                        <BOXHD>
                            <CHED H="1">Customer name</CHED>
                            <CHED H="1">Address</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">24 SEVEN-BRAWLEY</ENT>
                            <ENT>300 A Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #21028 EL CENTRO</ENT>
                            <ENT>1485 Ocotillo Drive, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #21836 EL CENTRO</ENT>
                            <ENT>2050 S 4th Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22906</ENT>
                            <ENT>211 Fifth Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23229 BRAWLEY</ENT>
                            <ENT>184 W Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23409</ENT>
                            <ENT>904 S Imperial Avenue, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #24811</ENT>
                            <ENT>815 Adams Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26684</ENT>
                            <ENT>485 E Main Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #32300</ENT>
                            <ENT>168 E Cole Boulevard, Suite 15, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34656</ENT>
                            <ENT>113 Rockwood Avenue, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #36027</ENT>
                            <ENT>1101 Andrade Avenue, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38661</ENT>
                            <ENT>555 Imperial Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">9 Palms FLC INC</ENT>
                            <ENT>555 Cesar Chavez Boulevard, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ADVANCE SERVICE INC</ENT>
                            <ENT>1025 Heber Avenue, Heber, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Agrow Labor Service</ENT>
                            <ENT>2194 Barbara Worth Road, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALL VALLEY FENCE &amp; SUPPLY INC</ENT>
                            <ENT>164 N O Street, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMXL—HFA2</ENT>
                            <ENT>3523 S Northpointe Drive, Fresno, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMXL—HLA2</ENT>
                            <ENT>21420 Needham Ranch Parkway, Santa Clarita, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMXL—HLA4</ENT>
                            <ENT>4375 N Perris Boulevard, Perris, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMXL—HLX1</ENT>
                            <ENT>14300 Alton Parkway, Irvine, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMXL—HSD2</ENT>
                            <ENT>8150 Airway Road, San Diego, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DAX3</ENT>
                            <ENT>20730 Prairie Street, Chatsworth, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DAX7</ENT>
                            <ENT>9350 Rayo Avenue, South Gate, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DAX8</ENT>
                            <ENT>600 W Technology Drive, Palmdale, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DCW8</ENT>
                            <ENT>3600 Wilson Road, Bakersfield, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DCX2</ENT>
                            <ENT>25725 Jeronimo Road, Mission Viejo, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DCX7</ENT>
                            <ENT>990 Francisco Street, Torrance, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DCX8</ENT>
                            <ENT>1256 N Magnolia Avenue, Anaheim, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DDO6</ENT>
                            <ENT>2751 Skypark Drive, Torrance, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DFX3</ENT>
                            <ENT>9785 Bellanca Avenue, Los Angeles, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DFX4</ENT>
                            <ENT>15272 Bear Valley Road, Victorville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DFX9</ENT>
                            <ENT>14952 Bolsa Chica Street, Huntington Beach, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DIB5</ENT>
                            <ENT>860 Harold Place, Chula Vista, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DIB6</ENT>
                            <ENT>1895 Marigold Avenue, Redlands, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DIB7</ENT>
                            <ENT>2311 Boswell Road, Chula Vista, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DJT6</ENT>
                            <ENT>20920 Krameria Avenue, Riverside, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DJW8</ENT>
                            <ENT>35750 Date Palm Drive, Cathedral City, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DLX1</ENT>
                            <ENT>11811 Florence Avenue, Santa Fe Springs, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DLX5</ENT>
                            <ENT>4841 W San Fernando Road, Los Angeles, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DLX7</ENT>
                            <ENT>6450 Katella Avenue, Cypress, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DLX8</ENT>
                            <ENT>515 E Dyer Road, Santa Ana, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DLX9</ENT>
                            <ENT>5750 Mesmer Avenue, Culver City, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DOT4</ENT>
                            <ENT>3001 Mission Oaks Boulevard, Camarillo, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DPS2</ENT>
                            <ENT>400 National Way, Simi Valley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DPS5</ENT>
                            <ENT>28820 W Chase, Valencia, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DPS6</ENT>
                            <ENT>1757 Tapo Canyon Road, Simi Valley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DSD1</ENT>
                            <ENT>16550 Via Esprillo, San Diego, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DSD4</ENT>
                            <ENT>5650 Kearny Mesa Road, San Diego, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DSD5</ENT>
                            <ENT>3250 Business Park Drive, Vista, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DSD8</ENT>
                            <ENT>14400 Kirkham Way, #1450, Poway, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DSJ5</ENT>
                            <ENT>5440 E Olive Avenue, Fresno, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DUR1</ENT>
                            <ENT>2815 N Hollywood Way, Burbank, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DUR9</ENT>
                            <ENT>27711 Diaz Road, Temecula, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DXC3</ENT>
                            <ENT>3370 E La Palma Avenue, Anaheim, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AM-PM #5276 CALEX</ENT>
                            <ENT>1025 Kloke Avenue, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7655"/>
                            <ENT I="01">API GATEWAY</ENT>
                            <ENT>430 Pan American Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AXIS MSO #6844</ENT>
                            <ENT>960 N Imperial Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AXIS MSO #6846</ENT>
                            <ENT>201 W Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">B Food Mart</ENT>
                            <ENT>610 S Brawley Avenue, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Baja Shaved Ice</ENT>
                            <ENT>2313 Ashton Court, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BARKLEY SEED INC</ENT>
                            <ENT>105 W Carey Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BEE SWEET CITRUS 3 FLAGS RANCH</ENT>
                            <ENT>4300 W Highway 86, Borrego Springs, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BEE SWEET CITRUS 4 DEL MAR</ENT>
                            <ENT>5980 Poe Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Big Wormz Catering</ENT>
                            <ENT>1014 Ash Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Black Dog Farms</ENT>
                            <ENT>860 W 6th Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Blackman Plumbing Inc</ENT>
                            <ENT>542 Industry Way, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BOConcrete</ENT>
                            <ENT>568 W Murphy Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BOLTHOUSE FARMS, INC</ENT>
                            <ENT>Lack Road, Westmorland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Brawley Ace Hardware</ENT>
                            <ENT>415 W Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BRAWLEY LIQUOR</ENT>
                            <ENT>1045 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Brawley Meat Market</ENT>
                            <ENT>596 G Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BRAWLEY SCHOOL DIST</ENT>
                            <ENT>216 W D Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Brawley Youth Football</ENT>
                            <ENT>225 A Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Britschgi Farms</ENT>
                            <ENT>1595 Ferguson Road, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BULL ENTERPRISES INC</ENT>
                            <ENT>1701 Bowker Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">C&amp;G FARMS INC</ENT>
                            <ENT>2216 P.O. Box, Gonzales, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CALIFORNIA FRUIT DELITE</ENT>
                            <ENT>646 S 1st Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">California Market #1</ENT>
                            <ENT>127 E 2nd Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CALIFORNIA SUPER MARKET</ENT>
                            <ENT>601 S Imperial Avenue, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CAMEIRO HEIFER RANCH</ENT>
                            <ENT>195 W Carey Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CB STOP</ENT>
                            <ENT>1498 Cole Boulevard, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CENTRAL IMPLEMENTS</ENT>
                            <ENT>950 S Dogwood Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CERRUDO SERVICES</ENT>
                            <ENT>250 W Commercial, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CHEVAL FARM</ENT>
                            <ENT>346 Larsen Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CHIRP FARMS INC</ENT>
                            <ENT>3805 Wiest Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Circle K Franchise #2655800</ENT>
                            <ENT>610 S Brawley Avenue, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CITY OF BRAWLEY—PUBLIC WORKS</ENT>
                            <ENT>180 S Western Avenue, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CITY OF BRAWLEY—WASTEWATER PLANT</ENT>
                            <ENT>5015 N Best Avenue, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CITY OF BRAWLEY—WATER DISTRIBUTION</ENT>
                            <ENT>760 Willard Avenue, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">City of Brawley—Parks &amp; Rec</ENT>
                            <ENT>180 S Western Avenue, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CLAIREMONT EQUIPMENT</ENT>
                            <ENT>440 W Aten Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ConEdison Development</ENT>
                            <ENT>394 Rockwood Road, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COPPEL CORPORATION</ENT>
                            <ENT>503 Scaroni Avenue, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CR&amp;R INCORPORATED</ENT>
                            <ENT>599 E Main Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CROWN CITRUS COMPANY</ENT>
                            <ENT>407 W Industrial Avenue, Calipatria, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Cultiver, LLC</ENT>
                            <ENT>1496 Lyons Road, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DEL SOL MARKET</ENT>
                            <ENT>402 E 5th Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DESERT PROPERTIES</ENT>
                            <ENT>429 W Main Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DESERT TRAILS RV PARK</ENT>
                            <ENT>225 Wake Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DFAS-CO W SVC CNTR COMM ACCTS</ENT>
                            <ENT>1415 Ross Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Dnata—LAX</ENT>
                            <ENT>291 Coral Circle, El Segundo, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #14455</ENT>
                            <ENT>550 N Imperial Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DoorDash SND-1</ENT>
                            <ENT>1022 W Morena Boulevard, Suites F&amp;G, San Diego, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOUBLE M RANCHES INC</ENT>
                            <ENT>4554 Brandt Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EFR ENVIRONMENTAL SERVICE</ENT>
                            <ENT>3390 Dogwood Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">El Centro Ace Hardware</ENT>
                            <ENT>1041 N Imperial Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">El Centro Liquor</ENT>
                            <ENT>401 W State Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">El Glacier Shaved Ice</ENT>
                            <ENT>1532 W Orange Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EL SOL MARKET #5</ENT>
                            <ENT>658 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EL TORO EXPORT LLC</ENT>
                            <ENT>1407 S La Brucherie Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EMPIRE MACHINERY</ENT>
                            <ENT>3393 US Highway 86, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ENSIENT DEHYDRATED FLAVORS CO</ENT>
                            <ENT>1048 Taecker Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Escalera Stack King Inc</ENT>
                            <ENT>1534 A Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EUCLID MARKET</ENT>
                            <ENT>603 W Euclid Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAMILY DOLLAR RI BOX #10238</ENT>
                            <ENT>1400 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAMILY DOLLAR RI BOX #10434</ENT>
                            <ENT>308 W 5th Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAMILY DOLLAR RI BOX #9258</ENT>
                            <ENT>1111 S 4th Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Farm Aviation</ENT>
                            <ENT>1053 N Eastern Ave, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FEDERAL EXPRESS</ENT>
                            <ENT>2451 Access Way, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FIRST CHRISTIAN CHURCH</ENT>
                            <ENT>450 S Waterman Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FLAVOR FACTORY</ENT>
                            <ENT>900 W Birch Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FOOD 4 LESS—KROGER #774</ENT>
                            <ENT>2420 Cottonwood Drive, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FOOD 4 LESS—KROGER #781</ENT>
                            <ENT>109 W Birch Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FREDDY'S MERCANTILE</ENT>
                            <ENT>1500 Spa Road, Niland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FRONTIER AGRICULTURAL SERV INC</ENT>
                            <ENT>304 Weed Road, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GARCIA MARKET</ENT>
                            <ENT>1198 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GARGIULO FARMS</ENT>
                            <ENT>861 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7656"/>
                            <ENT I="01">GASTRAK OF CALEXICO LLC</ENT>
                            <ENT>435 Menvielle Court, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet LAX</ENT>
                            <ENT>6701 W Imperial Highway, Los Angeles, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet SAN</ENT>
                            <ENT>3870 Houston Street, San Diego, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gawfco Enterprises/Petromart retail</ENT>
                            <ENT>1691 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GIBI TRUCKING LLC</ENT>
                            <ENT>1102 E Evan Hewes Highway, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GIBSON &amp; SCHAEFER, INC</ENT>
                            <ENT>1126 Rockwood Road, Heber, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GLAMIS NORTH KOA</ENT>
                            <ENT>10595 Hot Mineral Spa Road, Niland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GloriAnn Farms</ENT>
                            <ENT>33 Malan Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GLORIA'S FIREWOOD</ENT>
                            <ENT>1796 Pickett Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GOMEZ TARPING SERVICES LLC</ENT>
                            <ENT>1504 Kamm Road, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GRANITE INDUSTRIAL, INC</ENT>
                            <ENT>5003 N Best Avenue, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HELENA CHEMICAL</ENT>
                            <ENT>101 W Carey Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HELENA CHEMICAL COMPANY</ENT>
                            <ENT>600 Brown Avenue, Calipatria, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HIDALGO SOCIETY</ENT>
                            <ENT>418 S Cesar Chavez Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HOLLY SUGAR CORP</ENT>
                            <ENT>395 W Keystone Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Holtville Ace Hardware</ENT>
                            <ENT>123 E 5th Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HOME DEPOT #1059</ENT>
                            <ENT>320 Wake Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Hope Cafe &amp; Catering</ENT>
                            <ENT>605 E 2nd Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Hope Cafe &amp; Catering</ENT>
                            <ENT>1027 W State Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Horizon Farms</ENT>
                            <ENT>1090 E 5th Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Hoyt Engineering Inc</ENT>
                            <ENT>1103 East Main Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HUDSON RANCH POWER 1</ENT>
                            <ENT>409 W McDonald Street, Calipatria, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Hutch-N-Son</ENT>
                            <ENT>4505 Brandt Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—Drop 4</ENT>
                            <ENT>3675 E US Highway 98, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—El Centro Yard</ENT>
                            <ENT>541 South 3rd Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—Generation Station</ENT>
                            <ENT>485 E Villa Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—Headquarter—Heavy Equipment</ENT>
                            <ENT>333 E Barioni Boulevard, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—Headquarters—Auto Shop</ENT>
                            <ENT>333 E Barioni Boulevard, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—Headquarters—Power Dock</ENT>
                            <ENT>333 E Barioni Boulevard, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—N1 Vegetation</ENT>
                            <ENT>333 E Barioni Boulevard, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—North End Division</ENT>
                            <ENT>5364 Hovley Road, Westmorland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—S.O.C.</ENT>
                            <ENT>904 S Dogwood Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—South End Division</ENT>
                            <ENT>567 Pine Avenue, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—South West Division</ENT>
                            <ENT>2151 W Adams Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IID—Western Division</ENT>
                            <ENT>544 Bowker Road, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO—HEALTH DEPT</ENT>
                            <ENT>1341 S Clark Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO FIRE STN—HOLTVILLE</ENT>
                            <ENT>549 Fern Avenue, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO FIRE STN#1—IMPERIAL</ENT>
                            <ENT>2514 La Brucherie Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO FIRE STN#2—HEBER</ENT>
                            <ENT>1078 Dogwood Road, Heber, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO FIRE STN#3—SEELEY</ENT>
                            <ENT>1862 W Evan Hewes Highway, Seeley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO FIRE STN#3—SEELEY</ENT>
                            <ENT>1828 San Diego, Seeley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO FIRE STN#6—OCOTILLO</ENT>
                            <ENT>1157 N Imperial Highway, Ocotillo, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO FIRE STN#7—NILAND</ENT>
                            <ENT>8071 Luxor Avenue, Niland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO FIRE STN#9—SALTON CITY</ENT>
                            <ENT>2256 Cleveland Avenue, Thermal, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO RD DIST—HEBER</ENT>
                            <ENT>1098 Heffernan Avenue, Heber, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO RD DIST—IMPERIAL</ENT>
                            <ENT>304 E 4th Street, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO SHERIFF'S—JUVENILE HALL</ENT>
                            <ENT>328 Applestille Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO SHERIFF'S—OFFICE</ENT>
                            <ENT>328 Applestille Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMP CO SHERIFF'S/OHVEST</ENT>
                            <ENT>328 Applestille Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMPERIAL CAT FISH</ENT>
                            <ENT>152 E Harris Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Imperial Chevron</ENT>
                            <ENT>1850 S Imperial Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMPERIAL GRAIN GROWERS, INC</ENT>
                            <ENT>4790 US Highway 111, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMPERIAL TRUSS &amp; LUMBER</ENT>
                            <ENT>701 E 2nd Street, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IMPERIAL VALLEY MILLING GO</ENT>
                            <ENT>250 E 5th Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial Mechanical Services, Inc</ENT>
                            <ENT>394 W Keystone Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial Mechanical Services, Inc</ENT>
                            <ENT>6920 Lack Road, Calipatria, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">IRBY CONSTRUCTION CO</ENT>
                            <ENT>100 W Keystone Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">J AND B MATERIALS INC</ENT>
                            <ENT>350 W Olive Ave, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">J.T. Thorpe Industrial</ENT>
                            <ENT>7030 Gentry Rd, Calipatria, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Javiers Liquor</ENT>
                            <ENT>899 Main St, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JCSD FARMS, INC</ENT>
                            <ENT>5805 Gentry Road, Westmorland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JETT HARVEST</ENT>
                            <ENT>4560 Green Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JETT HARVEST</ENT>
                            <ENT>2444 Portico Boulevard, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Jett Harvest</ENT>
                            <ENT>115 W Ross Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Jett Harvest</ENT>
                            <ENT>Phiesel Canal Shop, Westmoreland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JHP Global, Inc</ENT>
                            <ENT>5310 Vendel Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JJ HARVESTING</ENT>
                            <ENT>233 W Main Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JORDAN IMPLEMENT OFFICE/PARTS</ENT>
                            <ENT>1280 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JORDAN IMPLEMENTS SHOP</ENT>
                            <ENT>1280 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JOSMAR PACKING</ENT>
                            <ENT>331 Cesar Chavez Boulevard, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JOSMAR PACKING</ENT>
                            <ENT>Corner Of Lack And Foulds Road, Calipatria, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Josmar Packing</ENT>
                            <ENT>Gantry &amp; Lendey, Calapatria, CA.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7657"/>
                            <ENT I="01">JR'S ICE CREAM</ENT>
                            <ENT>173 E Orange Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">KELOMAR INC</ENT>
                            <ENT>3949 Austin Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Kelomar Inc</ENT>
                            <ENT>600 N Barth Gt3, Westmoreland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Kevin Grizzle Farms LLC</ENT>
                            <ENT>2400 Even Herwes, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">KEVIN GRIZZLE—BONDS CORNER RD</ENT>
                            <ENT>1395 Bonds Corner Road, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Kiewit Infrastructures West Co</ENT>
                            <ENT>6098 Poe Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">KJS King George—J&amp;J JV</ENT>
                            <ENT>2200 Bennett Road Naf B145, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">KRISTAL WATER</ENT>
                            <ENT>526 E 2nd Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">KW TRANSPLANTS INC</ENT>
                            <ENT>1903 E 4th Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">La Brucherie Irrigation</ENT>
                            <ENT>108 E Ross Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">La Colmena Produce &amp; Meat Dept.</ENT>
                            <ENT>1141 H Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">La Valle Sabbia</ENT>
                            <ENT>396 W Heber Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Labrucherie Irrigation</ENT>
                            <ENT>1510 Jones Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LABRUCHERIE PRODUCE LLC</ENT>
                            <ENT>1728 King Road, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LABRUCHERIE PRODUCE, LLC</ENT>
                            <ENT>1407 S La Brucherie Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LAS CONCHITAS BAKERY INC</ENT>
                            <ENT>619 S 4th Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Laurel AG &amp; Water</ENT>
                            <ENT>803 Ca-78, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Legends Hospitality—SoFi Stadium</ENT>
                            <ENT>1001 Stadium Drive, Inglewood, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LIDCO INC</ENT>
                            <ENT>615 N 8th Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Love's Travel Stop #0749</ENT>
                            <ENT>551 W Main Street, Westmorland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MANZANO'S HARVESTING INC</ENT>
                            <ENT>565 E Ross Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MARIA'S CATERING</ENT>
                            <ENT>1221 N Palm Avenue, Heber, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Maverik #729</ENT>
                            <ENT>1402 S Dogwood Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">McLane EOC Riverside, CA (DayCreek)</ENT>
                            <ENT>1051 Wineville Avenue, Ontario, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MFW Washing</ENT>
                            <ENT>701 Pierce Avenue, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MILKY WAY FARMS</ENT>
                            <ENT>4210 Green Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Mission Ranches</ENT>
                            <ENT>604 E Jasper Road, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Mission Ranches</ENT>
                            <ENT>2340 Mcconnell Road, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MOIOLA BROS. CATTLE FEEDERS</ENT>
                            <ENT>1594 Gonder Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MONET'S ICE CREAM</ENT>
                            <ENT>182 W State Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">My Mihan Inc</ENT>
                            <ENT>1098 Cole Boulevard, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NAF—JETT MART</ENT>
                            <ENT>Naf Attn Irma, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Nature Joy Harvest</ENT>
                            <ENT>3125 Huff Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">O K RUBBER TIRES</ENT>
                            <ENT>375 N 8th Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OCEAN PACKING</ENT>
                            <ENT>870 Taecker Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OMEGA ELECTRIC</ENT>
                            <ENT>428 W Cady Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">One world Fleet Services</ENT>
                            <ENT>575 US Highway 111, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ORMAT NEVADA</ENT>
                            <ENT>855 Dogwood Road, Heber, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ORMAT NEVADA</ENT>
                            <ENT>895 Pitzer Road, Heber, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ORMAT NEVADA</ENT>
                            <ENT>3300 E Evan Hughs Highway, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ORMESA GEOTHERMAL</ENT>
                            <ENT>3302C E Evan Hewes Highway, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OWB Packers</ENT>
                            <ENT>57 Shank Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pacific Ag Rentals—Imperial</ENT>
                            <ENT>1509 River Drive, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PARKHOUSE TIRE</ENT>
                            <ENT>1002 S Dogwood Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pattern Operators LP</ENT>
                            <ENT>1377 West Imperial Highway, Ocotillo, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot #1328</ENT>
                            <ENT>2325 Sierra Lakes Parkway, Suite 102, Rialto, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Flying J #365</ENT>
                            <ENT>
                                22717 Avenue 18
                                <FR>1/2</FR>
                                , Madera, CA.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Flying J #765</ENT>
                            <ENT>72235 Varner Road, Thousand Palms, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #1132</ENT>
                            <ENT>234 Ben Hulse Highway, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #200</ENT>
                            <ENT>5725 Ca-58, Boron, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #343</ENT>
                            <ENT>1497 Piper Ranch Road, San Diego, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pioneers Memorial Healthcare District</ENT>
                            <ENT>320 Cattle Call Drive, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PLANTERS HAY INC</ENT>
                            <ENT>1295 US Highway 78, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Premier Electrical Solutions Inc</ENT>
                            <ENT>1954 Cannon Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PRIME FUEL &amp; MINI MART</ENT>
                            <ENT>1686 Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Rain For Rent</ENT>
                            <ENT>3397 US Highway 86, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RALPH T TAYLOR FARMS</ENT>
                            <ENT>1197 Pickett Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RANCHO VERDE HARVEST INC</ENT>
                            <ENT>5257 Dean Road, Westmorland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RASPADOS CUCHI'S #1 (CALEXICO)</ENT>
                            <ENT>528 E 5th Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RASPADOS CUCHIS #1 (EL CENTRO)</ENT>
                            <ENT>502 Adams Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RASPADOS CUCHIS #2 (EL CENTRO)</ENT>
                            <ENT>3451 S Dogwood Road, #FC10, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Raspados LaCura</ENT>
                            <ENT>888 W 2nd Street, Unit H250, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RASPADOS RUBEN'S</ENT>
                            <ENT>734 S 4th Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RASPALANDIA</ENT>
                            <ENT>260 S Imperial Avenue, #B, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RDO EQUIPMENT COMPANY</ENT>
                            <ENT>3275 US Highway 86, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RDO WATER</ENT>
                            <ENT>1620 Jones Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RDO WATER</ENT>
                            <ENT>1644 Jones Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Republic Services</ENT>
                            <ENT>702 E Heil Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Republic Services</ENT>
                            <ENT>3354 Dogwood Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5674</ENT>
                            <ENT>405 W Main Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5680</ENT>
                            <ENT>1501 W Main Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #6515</ENT>
                            <ENT>211 W Birch Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7658"/>
                            <ENT I="01">ROTO ROOTER</ENT>
                            <ENT>1202 McCullom Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Rove Engineering Inc</ENT>
                            <ENT>398 E Aurora Drive, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RUBIN SEEDS, LLC</ENT>
                            <ENT>4746 US Highway 111, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S and S Harvesting Co.</ENT>
                            <ENT>280 Campillo Street, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SA RECYCLING LLC</ENT>
                            <ENT>460 E Holton Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAN DIEGO GAS &amp; ELECT SVCS CTR</ENT>
                            <ENT>Highway 98, San Diego, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Sargent Electric—West side El Centro BESS</ENT>
                            <ENT>1118 Liebert Road, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SCHAFFNER DAIRY</ENT>
                            <ENT>2805 Casey Road, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SIEMENS ENERGY INC</ENT>
                            <ENT>1377 W Imperial Highway, Ocotillo, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SLA Paving Inc</ENT>
                            <ENT>360 Ritter Court, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Stella Liquor@Market Inc</ENT>
                            <ENT>163 W Main Street, Westmorland, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUN LANDSCAPE INC</ENT>
                            <ENT>2771 US Highway 111, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Sunrise Applicators</ENT>
                            <ENT>1298 E Gillett Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUPER STOP TRAVEL CENTER</ENT>
                            <ENT>550 Wake Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUPREME DRYWALL INC</ENT>
                            <ENT>1199 E Evan Hewes Highway, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Supreme Water Brawley</ENT>
                            <ENT>495 N 8th Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TACOS MARLYN</ENT>
                            <ENT>1614 S 4th Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1816</ENT>
                            <ENT>2295 N Imperial Avenue, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TASCO, INC</ENT>
                            <ENT>1596 Chalupnik Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TFT FARMS</ENT>
                            <ENT>1802 P.O. Box, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TGH Inc</ENT>
                            <ENT>3125 Huff Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Tom Watson Inc</ENT>
                            <ENT>1199 Industry Way, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TONY'S MARKET</ENT>
                            <ENT>502 Encinas Avenue, Calexico, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOYOTALIFT INC</ENT>
                            <ENT>302 E Aurora Drive, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">U.S Border Patrol—El Centro Station</ENT>
                            <ENT>221 W Aten Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">UNION FOOD MARKET</ENT>
                            <ENT>608 E 5th Street, Holtville, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">United Airlines SAN</ENT>
                            <ENT>3835 N Harbor Drive, Suite 115, Terminal 2, San Diego, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">United Airlines SNA</ENT>
                            <ENT>18601 Airport Way, Santa Ana, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">UPS—El Centro</ENT>
                            <ENT>160 W Main Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Vail Ranch</ENT>
                            <ENT>3104 W US Highway 86, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Vail Ranch</ENT>
                            <ENT>910 W Vail Road, Calipatria, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">VALLEY AG SERVICES INC</ENT>
                            <ENT>1565 P.O. Box, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">VALLEY ENV AKA: REP. IMP AQUI</ENT>
                            <ENT>104 E Robinson Road, Imperial, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">VESTIS UNIFORM SERVICES</ENT>
                            <ENT>1535 River Drive, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">VEYSEY ENTERPRISES, INC</ENT>
                            <ENT>3651 Austin Road, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">W&amp;M ELECTRICAL SERVICES</ENT>
                            <ENT>1151 S Hope Street, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WESTERN LIQUOR</ENT>
                            <ENT>215 West E Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WHITTED LIQUORS</ENT>
                            <ENT>462 N 8th Street, Brawley, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WILBUR-ELLIS COMPANY</ENT>
                            <ENT>45 Danenberg Drive, El Centro, CA.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WYMORE INC</ENT>
                            <ENT>697 S Dogwood Road, El Centro, CA.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,r100">
                        <TTITLE>Schedule 2</TTITLE>
                        <BOXHD>
                            <CHED H="1">Customer name</CHED>
                            <CHED H="1">Address</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">COMPASS GROUP—INSTRUMENTATION LABORATORY</ENT>
                            <ENT>180 Hartwell Road, Bedford, MA 01730.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Delta Airlines BOS</ENT>
                            <ENT>440 William McClellan Highway, Suite #104, East Boston, MA 02128.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet BOS 1</ENT>
                            <ENT>440 William McClellan Highway, East Boston, MA 02128.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet BOS 2</ENT>
                            <ENT>480 William McClellan Highway, East Boston, MA 02128.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LSG SKY CHEFS BOS #1379</ENT>
                            <ENT>25 Lovell Street, Building 68, Boston, MA 02128.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #222</ENT>
                            <ENT>400 Haynes Street, Sturbridge, MA 01566.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #255</ENT>
                            <ENT>433 Old Gate Lane, Milford, CT 06460.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Whole Foods Market #10317</ENT>
                            <ENT>350 Grasmere Avenue, Fairfield, CT 06824.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Whole Foods Market #10455</ENT>
                            <ENT>5C Sugar Hollow Road, Danbury, CT 06810.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,r100">
                        <TTITLE>Schedule 3</TTITLE>
                        <BOXHD>
                            <CHED H="1">Customer name</CHED>
                            <CHED H="1">Address</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Home Depot #916</ENT>
                            <ENT>373 US Highway 9 S, Woodbridge, NJ 07095.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Home Depot #947</ENT>
                            <ENT>400 Promenade Boulevard, Bridgewater, NJ 08807.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Home Depot #959</ENT>
                            <ENT>75 McLean Boulevard, Paterson, NJ 07514.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DAB5</ENT>
                            <ENT>270 Richards Street, Brooklyn, NY 11231.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #3718</ENT>
                            <ENT>276 US Highway 202/31 N, Flemington, NJ 08822.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #785</ENT>
                            <ENT>1965 State Route 57, Suite 12, Hackettstown, NJ 07840.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #6498</ENT>
                            <ENT>8101 Tonnelle Avenue, North Bergen, NJ, 07047.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DJR3</ENT>
                            <ENT>235 Veterans Boulevard, Rutherford, NJ 07070.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DJR5</ENT>
                            <ENT>670 Belleville Turnpike, Kearny, NJ 07032.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DJZ3</ENT>
                            <ENT>377 Roosevelt Avenue, Carteret, NJ 07008.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DJZ6</ENT>
                            <ENT>1800 Lower Road, Linden, NJ 07036.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7659"/>
                            <ENT I="01">Amazon AMZL—DNK5</ENT>
                            <ENT>105 Avenue A, Bayonne, NJ 07002.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DZJ8</ENT>
                            <ENT>1 Paddock Street, Avenel, NJ 07001.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #7508</ENT>
                            <ENT>461 US 46 W, Fairfield, NJ 07004.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #3180</ENT>
                            <ENT>306 US Highway 9 N, Woodbridge, NJ 07095.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Amazon AMZL—DNJ7</ENT>
                            <ENT>81 International Drive S, Budd Lake, NJ 07828.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #5375</ENT>
                            <ENT>1136 US Highway 1, Edison, NJ 08817.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #5045</ENT>
                            <ENT>275 State Route 18, East Brunswick, NJ 08816.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #7135</ENT>
                            <ENT>235 E Front Street, Plainfield, NJ 07060.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #6658</ENT>
                            <ENT>1392 Saint Georges Avenue, Avenel, NJ 07001.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #4955</ENT>
                            <ENT>31 Woodbridge Center Drive, Woodbridge, NJ 07095.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Southwest Airlines LGA Terminal B</ENT>
                            <ENT>Central Terminal Drive, Flushing, NY 11371.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #7674</ENT>
                            <ENT>464 Elizabeth Avenue, Suite A, Somerset, NJ 08873.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #6193</ENT>
                            <ENT>256 US Highway 206, Hillsborough NJ 08844.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #5265</ENT>
                            <ENT>13 Washington Avenue, Belleville, NJ 07109.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AMERICAN AIRLINES JFK ENVOY</ENT>
                            <ENT>JFK International Gate 31 Terminal 8, Jamaica, NY 11430.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #1921</ENT>
                            <ENT>15 Washington Street, Lodi, NJ 07644.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #8589</ENT>
                            <ENT>901 Mountain Avenue, Springfield, NJ 07081.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #8969</ENT>
                            <ENT>1440 US Highway 46, Parsippany, NJ 07054.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #4692</ENT>
                            <ENT>1077 State Route 34, Aberdeen, NJ 07747.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #7663</ENT>
                            <ENT>435 State Route 34, Matawan NJ, 07747.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #8865</ENT>
                            <ENT>524 State Route 35, Red Bank, NJ 07701.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #3099</ENT>
                            <ENT>2485 US Highway 22 W, Union, NJ 07083.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #9136</ENT>
                            <ENT>955 US Highway 22, North Plainfield, NJ 07060.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #1629</ENT>
                            <ENT>560 Milltown Road, North Brunswick, NJ 08902.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #4987</ENT>
                            <ENT>1713 Springfield Avenue, Maplewood, NJ 07040.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #7650</ENT>
                            <ENT>1199 Amboy Avenue, Edison, NJ 08837.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Home Depot #6911</ENT>
                            <ENT>170 Union Hill Road, Morganville, NJ 07751.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #7735</ENT>
                            <ENT>67 Saint George Avenue, Roselle, NJ 07203.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AMERICAN AIRLINES EWR</ENT>
                            <ENT>3 Brewster Road, Terminal A, Newark, NJ 07114.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #4248</ENT>
                            <ENT>1046 Saint Georges Avenue, Rahway, NJ 07065.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Frontier Airlines LGA LSG</ENT>
                            <ENT>East Elmhurst, Queens, NY 11371.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet—EWR—AA</ENT>
                            <ENT>855 Woodruff Lane, Elizabeth, NJ 07201.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet EWR 2</ENT>
                            <ENT>855 Woodruff Lane, Elizabeth, NJ 07201.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet JFK #740</ENT>
                            <ENT>30 Inip Drive, Unit 740, Inwood, NY 11096.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JETBLUE AIRWAYS EWR</ENT>
                            <ENT>6 Earhart Drive, Newark, NJ 07114.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet—LGA—AA</ENT>
                            <ENT>1815 45th Street, Queens, NY 11371.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GATE GOURMET EWR 1</ENT>
                            <ENT>233 Miller Street, Newark, NJ 07114.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gate Gourmet LGA—Astoria, NY</ENT>
                            <ENT>1815 45th Street, Astoria, NY 11105.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LSG SKY CHEFS JFK #1371</ENT>
                            <ENT>W Hanger Road, Building 139 Jamaica, New York, NY 11430.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,r100">
                        <TTITLE>Schedule 4</TTITLE>
                        <BOXHD>
                            <CHED H="1">Customer name</CHED>
                            <CHED H="1">Address</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">ARS FRESNO #346</ENT>
                            <ENT>2610 NW Edenbower Boulevard, Roseburg, OR 97471.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ARS FRESNO #526</ENT>
                            <ENT>5733 Main Street, Springfield, OR 97478.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ARS FRESNO #528</ENT>
                            <ENT>317 Coburg Road, Eugene, OR 97401.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ARS FRESNO #533</ENT>
                            <ENT>1618 SW Allen Creek Road, Grants Pass, OR 97527.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ARS FRESNO #536</ENT>
                            <ENT>2402 W Main Street, Medford, OR 97501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #601</ENT>
                            <ENT>2030 River Road, Eugene, OR 97404.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #602</ENT>
                            <ENT>1680 W 18th Avenue, Eugene, OR 97402.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #603</ENT>
                            <ENT>1521 Mohawk Boulevard, Springfield, OR 97477.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #604</ENT>
                            <ENT>2045 NW 9th Street, Corvallis, OR 97330.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #606</ENT>
                            <ENT>2272 Santiam Highway SE, Albany, OR 97322.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #607</ENT>
                            <ENT>2131 Newmark Street, North Bend, OR 97459.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #608</ENT>
                            <ENT>2280 Ashland Street, Ashland, OR 97520.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #609</ENT>
                            <ENT>1381 NW Garden Valley Boulevard, Roseburg, OR 97471.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #610</ENT>
                            <ENT>230 Redwood Highway, Grants Pass, OR 97527.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #611</ENT>
                            <ENT>1920 Washburn Way, Klamath Falls, OR 97603.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #613</ENT>
                            <ENT>2687 W Main Street, Medford, OR 97501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #615</ENT>
                            <ENT>1635 SW Baker Street, McMinnville, OR 97128.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #616</ENT>
                            <ENT>990 Biddle Road, Medford, OR 97504.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #618</ENT>
                            <ENT>2075 SE Tualatin Valley Highway, Hillsboro, OR 97123.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #620</ENT>
                            <ENT>100 Gateway Boulevard, Cottage Grove, OR 97424.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #622</ENT>
                            <ENT>1813 Molalla Avenue, Oregon City, OR 97045.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #624</ENT>
                            <ENT>3862 River Road N, Keizer, OR 97303.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #627</ENT>
                            <ENT>5744 Main Street, Springfield, OR 97478.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #632</ENT>
                            <ENT>5975 SW 185th Avenue, Beaverton, OR 97078.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #633</ENT>
                            <ENT>2155 Lancaster Drive NE, Salem, OR 97305.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #634</ENT>
                            <ENT>2900 E Haworth Avenue, Newberg, OR 97132.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #635</ENT>
                            <ENT>3225 Pacific Avenue, Forest Grove, OR 97116.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7660"/>
                            <ENT I="01">BI-MART #639</ENT>
                            <ENT>1555 SW 53rd Street, Corvallis, OR 97333.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #640</ENT>
                            <ENT>13500 SW Pacific Highway, Suite 70, Tigard, OR 97223.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #643</ENT>
                            <ENT>1600 Mount Hood Avenue, Woodburn, OR 97071.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #644</ENT>
                            <ENT>4310 Highway 101, Florence, OR 97439.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #646</ENT>
                            <ENT>444 Pacific Avenue S, Monmouth, OR 97361.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #647</ENT>
                            <ENT>1701 Shaff Road, Stayton, OR 97383.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #649</ENT>
                            <ENT>2510 Willakenzie Road, Eugene, OR 97401.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #650</ENT>
                            <ENT>2601 Falk Road, Vancouver, WA 98661.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #651</ENT>
                            <ENT>12321 NE Halsey Street, Portland, OR 97230.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #652</ENT>
                            <ENT>833 E Central Avenue, Sutherlin, OR 97479.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #653</ENT>
                            <ENT>4315 SE Woodstock Boulevard, Portland, OR 97206.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #657</ENT>
                            <ENT>20000 SE Highway 212, Damascus, OR 97089.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #659</ENT>
                            <ENT>514 W Main Street, Molalla, OR 97038.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #661</ENT>
                            <ENT>3003 Addy Street, Washougal, WA 98671.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #662</ENT>
                            <ENT>4750 SW Western Avenue, Beaverton, OR 97005.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #663</ENT>
                            <ENT>4780 Royal Avenue, Eugene, OR 97402.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #665</ENT>
                            <ENT>2680 S Santiam Highway, Lebanon, OR 97355.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #668</ENT>
                            <ENT>550 S 4th Street, Coos Bay, OR 97420.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #669</ENT>
                            <ENT>25126 Jeans Road, Veneta, OR 97487.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #670</ENT>
                            <ENT>110 E 6th Avenue, Junction City, OR 97448.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #675</ENT>
                            <ENT>150 Melton Road, Creswell, OR 97426.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #676</ENT>
                            <ENT>391 NW Douglas Boulevard, Winston, OR 97496.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #677</ENT>
                            <ENT>36859 Highway 26, Sandy, OR 97055.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #682</ENT>
                            <ENT>1030 SE Oar Avenue, Lincoln City, OR 97367.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #683</ENT>
                            <ENT>248 Wharf Street, Brookings, OR 97415.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #685</ENT>
                            <ENT>1980 Main Street, Sweet Home, OR 97386.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #15483</ENT>
                            <ENT>94 SE Main Street, Winston, OR 97496.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #15484</ENT>
                            <ENT>1300 Easy Street, Brookings, OR 97415.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #15774</ENT>
                            <ENT>636 E Central Avenue, Sutherlin, OR 97479.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #15898</ENT>
                            <ENT>110 Tannhauser Avenue, Roseburg, OR 97471.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16080</ENT>
                            <ENT>25658 Redwood Highway, Cave Junction, OR 97523.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16274</ENT>
                            <ENT>110 W Main Street, Rogue River, OR 97537.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16332</ENT>
                            <ENT>240 S Old Pacific Highway, Myrtle Creek, OR 97457.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16352</ENT>
                            <ENT>22281 Highway 62, Shady Cove, OR 97539.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16451</ENT>
                            <ENT>1215 North 8th Street, Lakeside, OR 97449.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16483</ENT>
                            <ENT>649 N Myrtle Road, Myrtle Creek, OR 97457.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16489</ENT>
                            <ENT>350 N Main Street, Canyonville, OR 97417.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16558</ENT>
                            <ENT>1290 Redwood Avenue, Grants Pass, OR 97527.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16686</ENT>
                            <ENT>800 W Front Street, Merrill, OR 97633.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16696</ENT>
                            <ENT>1008 S Chiloquin Boulevard, Chiloquin, OR 97624.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16713</ENT>
                            <ENT>19604 N Umpqua Highway, Glide, OR 97443.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #16787</ENT>
                            <ENT>100 Timbers Boulevard, Smith River, CA 95567.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #17097</ENT>
                            <ENT>2140 Oregon Street, Port Orford, OR 97465.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #17223</ENT>
                            <ENT>340 N 3rd Street, Harrisburg, OR 97446.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #17290</ENT>
                            <ENT>658 Main Street, Philomath, OR 97370.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #17397</ENT>
                            <ENT>430 Main Street, Aumsville, OR 97325.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #17448</ENT>
                            <ENT>47624 Highway 58, Oakridge, OR 97463.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #17553</ENT>
                            <ENT>415 E Douglas Avenue, Gervais, OR 97026.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #17726</ENT>
                            <ENT>338 W B Avenue, Drain, OR 97435.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #17746</ENT>
                            <ENT>1035 2nd Street SE, Bandon, OR 97411.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18000</ENT>
                            <ENT>380 NW Hemlock Street, Waldport, OR 97394.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18086</ENT>
                            <ENT>1937 Main Street, Sweet Home, OR 97386.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18164</ENT>
                            <ENT>203 Pacific Avenue, Glendale, OR 97442.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18165</ENT>
                            <ENT>780 N 2nd Street, Jefferson, OR 97352.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18246</ENT>
                            <ENT>1073 Monmouth Street, Independence, OR 97351.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18301</ENT>
                            <ENT>935 Highway 101 N, Yachats, OR 97498.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18394</ENT>
                            <ENT>1095 N 2nd Street, Silverton, OR 97381.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18547</ENT>
                            <ENT>178 S Main Street, Brownsville, OR 97327.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18772</ENT>
                            <ENT>3810 Greensprings Drive, Klamath Falls, OR 97601.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #18794</ENT>
                            <ENT>1915 Winchester Avenue, Reedsport, OR 97467.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #19709</ENT>
                            <ENT>2141 NE Diamond Lake Boulevard, Roseburg, OR 97470.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #19768</ENT>
                            <ENT>1950 SW Bridge Street, Grants Pass, OR 97526.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #19855</ENT>
                            <ENT>511 NE Main Street, Willamina, OR 97396.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #20076</ENT>
                            <ENT>24888 E Salmon River Road, Welches, OR 97067.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #20154</ENT>
                            <ENT>1001 Maryland Avenue, Myrtle Point, OR 97458.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #20588</ENT>
                            <ENT>728 W Main Street, Molalla, OR 97038.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #20770</ENT>
                            <ENT>417 Birch Avenue SW, Napavine, WA 98565.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #20866</ENT>
                            <ENT>1234 State Route 506, Vader, WA 98593.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #20892</ENT>
                            <ENT>7250 3rd Street SE, Turner, OR 97392.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #20960</ENT>
                            <ENT>892 Point Brown Avenue NE, Ocean Shores, WA 98569.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #21130</ENT>
                            <ENT>2399 Antelope Road, White City, OR 97503.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #21154</ENT>
                            <ENT>315 S Montesano Street, Westport, WA 98595.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7661"/>
                            <ENT I="01">DOLLAR GENERAL #21342</ENT>
                            <ENT>5927 S 6th Street, Klamath Falls, OR 97603.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #21456</ENT>
                            <ENT>102 S Trade Street, Amity, OR 97101.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #21478</ENT>
                            <ENT>25380 Loten Way, Veneta, OR 97487.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #21676</ENT>
                            <ENT>332 First Avenue, Riddle, OR 97469.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #21729</ENT>
                            <ENT>1260 3rd Street, Lafayette, OR 97127.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22570</ENT>
                            <ENT>78 Ph 10, Castle Rock, WA 98611.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23270</ENT>
                            <ENT>111 S 72nd Street, Springfield, OR 97478.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GROCERY OUTLET #12</ENT>
                            <ENT>2066 Highway 101, Florence, OR 97439.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GROCERY OUTLET #062</ENT>
                            <ENT>1124 Highway 101 N, Crescent City, CA 95531.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GROCERY OUTLET #149</ENT>
                            <ENT>4333 S 6th Street, Klamath Falls, OR 97603.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GROCERY OUTLET #251</ENT>
                            <ENT>200 Gateway Boulevard, Cottage Grove, OR 97424.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #315</ENT>
                            <ENT>721 N Coast Highway, Newport, OR 97365.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #430</ENT>
                            <ENT>25110 Jeans Road, Veneta, OR 97487.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #432</ENT>
                            <ENT>906 Chetco Avenue, Brookings, OR 97415.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GROCERY OUTLET #509</ENT>
                            <ENT>780 NW Garden Valley Boulevard, Roseburg, OR 97471.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #577</ENT>
                            <ENT>891 SE 1st Avenue, Canby, OR 97013.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #600</ENT>
                            <ENT>3975 Commercial Street SE, Salem, OR 97302.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HOME DEPOT #8557</ENT>
                            <ENT>3345 Grove Road, Phoenix, OR 97535.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #195</ENT>
                            <ENT>91485 Biggs Rufus Highway, Wasco, OR 97065.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #1226</ENT>
                            <ENT>91558 Biggs Rufus Highway, Wasco, OR 97065.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #609</ENT>
                            <ENT>2255 14th Avenue SE, Albany, OR 97322.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #612</ENT>
                            <ENT>2750 Gateway Street, Springfield, OR 97477.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #613</ENT>
                            <ENT>2000 Crater Lake Highway, Medford, OR 97504.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1405</ENT>
                            <ENT>4575 W 11th Avenue, Eugene, OR 97402.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">VITAMIN COTTAGE</ENT>
                            <ENT>2053 S Colorado Boulevard, Denver, CO 80222.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6530</ENT>
                            <ENT>1700 Pacific Boulevard SE, Albany, OR 97321.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7373</ENT>
                            <ENT>111 Union Avenue, Grants Pass, OR 97527.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7975</ENT>
                            <ENT>5807 Main Street, Springfield, OR 97478.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #9258</ENT>
                            <ENT>1210 Mohawk Boulevard, Springfield, OR 97477.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10812</ENT>
                            <ENT>6 W Q Street, Springfield, OR 97477.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #11643</ENT>
                            <ENT>1675 Coburg Road, Eugene, OR 97401.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12068</ENT>
                            <ENT>1377 NE Stephens Street, Roseburg, OR 97470.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12290</ENT>
                            <ENT>1704 E Main Street, Cottage Grove, OR 97424.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12596</ENT>
                            <ENT>2280 W Main Street, Medford, OR 97501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12901</ENT>
                            <ENT>3411 Broadway Avenue, North Bend, OR 97459.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #13819</ENT>
                            <ENT>1236 NW Garden Valley Boulevard, Roseburg, OR 97471.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #15239</ENT>
                            <ENT>27 S Coast Highway, Newport, OR 97365.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #15974</ENT>
                            <ENT>43 N Front Street, Central Point, OR 97502.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Whole Foods Market—Eugene</ENT>
                            <ENT>353 E Broadway, Eugene, OR 97401.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WAREMART #153</ENT>
                            <ENT>5450 River Road N, Keizer, OR 97303.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #3 PBS</ENT>
                            <ENT>2335 NW Kings Boulevard, Corvallis, OR 97330.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #7 PBS</ENT>
                            <ENT>636 W Harris Street, Eureka, CA 95503.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #9 PBS</ENT>
                            <ENT>11250 SE 82nd Avenue, Happy Valley, OR 97086.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #13 PBS</ENT>
                            <ENT>1222 NE 102nd Avenue, Portland, OR 97220.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #14 PBS</ENT>
                            <ENT>3025 SW Cedar Hills Boulevard, Beaverton, OR 97005.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #15 PBS</ENT>
                            <ENT>1950 NE 122nd Avenue, Portland, OR 97230.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #18 PBS</ENT>
                            <ENT>1240 Lancaster Drive SE, Salem, OR 97317.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #20 PBS</ENT>
                            <ENT>4575 Commerical Street SE, Salem, OR 97302.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #22 PBS</ENT>
                            <ENT>9700 NE Highway 99, Vancouver, WA 98665.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #23 PBS</ENT>
                            <ENT>7501 SW Dartmouth Street, Tigard, OR 97223.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #28 PBS</ENT>
                            <ENT>1500 SW Oak Street, Hillsboro, OR 97123.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #34 PBS</ENT>
                            <ENT>1920 Olympic Street, Springfield, OR 97477.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #39 PBS</ENT>
                            <ENT>4275 Barger Drive, Eugene, OR 97402.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #40 PBS</ENT>
                            <ENT>7330 NE Butler Street, Hillsboro, OR 97124.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #41 PBS</ENT>
                            <ENT>2585 NE Highway 99W, McMinnville, OR 97128.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #44 PBS</ENT>
                            <ENT>251 E Barnett Road, Medford, OR 97501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #47 PBS</ENT>
                            <ENT>2511 SE 1st Street, Gresham, OR 97080.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #49 PBS</ENT>
                            <ENT>905 NE 136th Avenue, Vancouver, WA 98684.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #51 PBS</ENT>
                            <ENT>120 Triangle Shopping Center, Longview, WA 98632.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #64 PBS</ENT>
                            <ENT>2101 NE Andresen Road, Vancouver, WA 98661.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #72 PBS</ENT>
                            <ENT>11310 NE 119th Street, Vancouver, WA 98662.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #132 PBS</ENT>
                            <ENT>7979 SE Powell Boulevard, Portland, OR 97206.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #138 PBS</ENT>
                            <ENT>231 NE Terry Lane, Grants Pass, OR 97526.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #143 PBS</ENT>
                            <ENT>3100 Pacific Blvd. SE, Albany, OR 97321.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #154 PBS</ENT>
                            <ENT>19701 Highway 213, Oregon City, OR 97045.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WinCo Foods #163</ENT>
                            <ENT>2815 Chad Drive, Eugene, OR 97408.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WinCo Foods #172</ENT>
                            <ENT>2757 NW Stewart Parkway, Roseburg, OR 97471.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #38</ENT>
                            <ENT>1737 Monmouth Street, Independence, OR 97351.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #1880</ENT>
                            <ENT>2051 Newmark Avenue, Coos Bay, OR 97420.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALL STAR LIQUOR</ENT>
                            <ENT>12559 US Highway 101 N, Smith River, CA 95567.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BIOFUEL—SEQUENTIAL</ENT>
                            <ENT>86714 McVay Highway, Eugene, OR 97405.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BRIDGE COUNTRY STORE</ENT>
                            <ENT>51304 Hatfield Road, Myrtle Point, OR 97458.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7662"/>
                            <ENT I="01">Cascade Farm Store</ENT>
                            <ENT>5415 Main Street, Springfield, OR 97478.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CASEY'S RV PARK</ENT>
                            <ENT>46443 Westfir Road, Westfir, OR 97492.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CHEVRON—BAYSHORE</ENT>
                            <ENT>600 N Bayshore Drive, Coos Bay, OR 97420.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Coastal Farm &amp; Ranch</ENT>
                            <ENT>7303 Crater Lake Highway, White City, OR 97503.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DEXTER MARKET</ENT>
                            <ENT>38830 Dexter Road, Dexter, OR 97431.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ENGLUND MARINE</ENT>
                            <ENT>191 Citizens Dock Road, Crescent City, CA 95531.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FRANZ BAKERY</ENT>
                            <ENT>5923 S 350 W, Murray, UT 84107.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GAT Airline Ground Support</ENT>
                            <ENT>28801 Douglas Drive, Eugene, OR 97402.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">H &amp; S Stations</ENT>
                            <ENT>900 US Highway 101 N, Crescent City, CA 95531.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HI-SCHOOL PHARMACY—WALDPORT</ENT>
                            <ENT>110 SW Highway 101, Waldport, OR 97394.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HISTORIC WILSONS MARKET</ENT>
                            <ENT>90 June Avenue SE, Bandon, OR 97411.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JUNCTION CITY LIQUOR</ENT>
                            <ENT>1650 Ivy Street, Junction City, OR 97448.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LOON LAKE LODGE</ENT>
                            <ENT>9011 Loon Lake Road, Reedsport, OR 97467.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LTI INC MILKY WAY</ENT>
                            <ENT>411 Park Hill Lane, Sutherlin, OR 97479.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MARKET OF CHOICE #9</ENT>
                            <ENT>67 W 29th Avenue, Eugene, OR 97405.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MITO SCIENCES</ENT>
                            <ENT>1850 Millrace Drive, Suite 3A, Eugene, OR 97403.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Oregon Coast RV Park</ENT>
                            <ENT>75381 US Highway 101, Reedsport, OR 97467.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OREGON FREEZE DRY</ENT>
                            <ENT>32136 Hooska Avenue, Tangent, OR 97389.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OSPREY POINT RV RESORT</ENT>
                            <ENT>1505 N Lake Road, Lakeside, OR 97449.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PORT O' CALL</ENT>
                            <ENT>155 1st Street SE, Bandon, OR 97411.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RICHARDSON PARK CAMPGROUND</ENT>
                            <ENT>25950 Richardson Park Road, Junction City, OR 97448.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SEA PERCH RV</ENT>
                            <ENT>95480 Highway 101 S, Yachats, OR 97498.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SO DELICIOUS DAIRY FREE</ENT>
                            <ENT>1130 Shelley Street, Springfield, OR 97477.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SPINREEL ATV</ENT>
                            <ENT>67045 Spinreel Road, North Bend, OR 97459.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TRI PASS SKI CLUB</ENT>
                            <ENT>26116 Bangs Road, Junction City, OR 97448.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Turtle Rock</ENT>
                            <ENT>28788 Hunter Creek Loop, Gold Beach, OR 97444.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WORLD WIDE FLIGHT SERVICES INC</ENT>
                            <ENT>Eugene Airport, Eugene, OR 97402.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,r100">
                        <TTITLE>Schedule 5</TTITLE>
                        <BOXHD>
                            <CHED H="1">Customer name</CHED>
                            <CHED H="1">Address</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">A 1 SMOKE SHOP</ENT>
                            <ENT>7200 W Seltice Way, Post Falls, ID 83854-7785.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Air Show Network</ENT>
                            <ENT>100 N Chennault Avenue, Fairchild AFB, WA 99011-9467.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BEVERAGE BARN</ENT>
                            <ENT>447 N Bay Street, Post Falls, ID 83854-6325.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BIG SMOKE</ENT>
                            <ENT>213 W Appleway Avenue, Suite 1, Coeur d'Alene, ID 83814-9372.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Big Smoke</ENT>
                            <ENT>3134 E Mullan Avenue, Post Falls, ID 83854-5321.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Big Smoke—Hayden</ENT>
                            <ENT>9170 N Hess, Suite #C, Hayden, ID 83835.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Black Rock Marina</ENT>
                            <ENT>10201 W Rockford Bay Road, Coeur d'Alene, ID 83814-8619.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BOARDWALK MARINA</ENT>
                            <ENT>115 S 2nd Street, Coeur d'Alene, ID 83814-2738.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Camp Coeur d'Alene</ENT>
                            <ENT>10588 E Wolf Lodge Bay Road, Coeur d'Alene, ID 83814-5197.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CDA Paving and Concrete Specialties</ENT>
                            <ENT>6399 W Bedrock Road, Post Falls, ID 83854.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CEDARS FLOATING RESTAURANT</ENT>
                            <ENT>1514 S Marina Drive, Coeur d'Alene, ID 83814-5849.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Citzen Council for the Arts, Inc</ENT>
                            <ENT>17 E Wallace Avenue, Coeur d'Alene, ID 83816.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Coeur d'Alene Paving</ENT>
                            <ENT>2492 W Highway 53, Rathdrum, ID 83858-7566.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Coeur D'Alene Resort</ENT>
                            <ENT>115 S 2nd Street, Coeur d'Alene, ID 83814-2738.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CROSSETTS FOOD MART</ENT>
                            <ENT>101 N First Street, Oakesdale, WA 99158-9675.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DALTON CENEX</ENT>
                            <ENT>5871 N Goverment Way, Dalton Gardens, ID 83815.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DJ EASY STOP</ENT>
                            <ENT>2694 E Highway 2, Oldtown, ID 83822-9250.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Dock Cash—Taxable</ENT>
                            <ENT>4427 W Industrial Loop, Coeur d'Alene, ID 83815-6018.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ED'S R&amp;R</ENT>
                            <ENT>84752 State Highway 3, St Maries, ID 83861.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Eleventh St Dock Owners</ENT>
                            <ENT>1100 E Lakeshore Drive, Coeur d'Alene, ID 83814-4918.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAIRWAY GAS AND GROCERY</ENT>
                            <ENT>1735 W Kathleen Avenue, Coeur d'Alene, ID 83815-8404.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FERNWOOD MERCANTILE</ENT>
                            <ENT>68 P.O. Box, Saint Maries, ID 83861-0068.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FIGHTING CREEK</ENT>
                            <ENT>12727 W Elder Road, Worley, ID 83876-8642.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Fishers of Men Bait and Tackle</ENT>
                            <ENT>22 E Dufort Road, Sagle, ID 83860-9459.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FRONTIER GROCERY</ENT>
                            <ENT>2707 W Seltice Way, Post Falls, ID 83854-8182.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">G &amp; G Riverstop</ENT>
                            <ENT>21170 Coeur Dalene River Road, Wallace, ID 83873-9729.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">G2 SECURE STAFF</ENT>
                            <ENT>2933 S Flint Road, Spokane, WA 99224-9478.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GOZZER RANCH GOLF</ENT>
                            <ENT>6801 S Gozzer Road, Harrison, ID 83833-6019.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GOZZER RED BARN</ENT>
                            <ENT>5945 S Buckrail Road, Harrison, ID 83833-7896.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Hawaiian Lion Shave Ice</ENT>
                            <ENT>4427 W Industrial Loop, Coeur d'Alene, ID 83815-6018.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Hayden Lake Marina</ENT>
                            <ENT>3830 E Hayden Lake Road, Hayden Lake, ID 83835-8022.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HUTTONS GENERAL STORE</ENT>
                            <ENT>17505 S Highway 97, Harrison, ID 83833-8788.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Idaho Dept of Lands</ENT>
                            <ENT>3284 W Industrial Loop, Coeur d'Alene, ID 83815-6021.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">J&amp;E STOP</ENT>
                            <ENT>144 Poplar Street, Clarkia, ID 83812-9601.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">JIFF-EE MART</ENT>
                            <ENT>1604 Lincoln Way, Coeur d'Alene, ID 83814-2423.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LAKE CLUB</ENT>
                            <ENT>4496 S Arrow Point Drive, Harrison, ID 83833-8675.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Life Net Health NW</ENT>
                            <ENT>611 E 2nd Avenue, Spokane, WA 99202-6010.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Little Diamond KOA</ENT>
                            <ENT>1002 McGowen Road, Newport, WA 99156-9323.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Nashville North</ENT>
                            <ENT>6361 W Seltice Way, Post Falls, ID 83854-4603.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7663"/>
                            <ENT I="01">North Idaho Centennial Trail Foundation</ENT>
                            <ENT>105 N 1st Street, #100, Coeur d'Alene, ID 83814-5759.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NORTH IDAHO FAIR</ENT>
                            <ENT>2437 P.O. Box, Coeur d'Alene, ID 838162437.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Odie's Bayside Grocery</ENT>
                            <ENT>1591 Garfield Bay Road, Sagle, ID 83860-9412.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Outdoor Pursuits</ENT>
                            <ENT>5945 S Buckrail Road, Harrison, ID 83833-7896.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Panhandle Kiwanis Club</ENT>
                            <ENT>3014 P.O. Box, Coeur d'Alene, ID 83816-3014.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PANHANDLE YACHT CLUB</ENT>
                            <ENT>19185 S Highway 97, Harrison, ID 83833-8714.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PECK &amp; PECK EXCAVATING</ENT>
                            <ENT>3386 N Highway 41, Post Falls, ID 83854-5897.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilgrims Market</ENT>
                            <ENT>1316 N 4th Street, Coeur d'Alene, ID 8381-43220.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Plummer Quick Stop</ENT>
                            <ENT>300 10th Street, Plummer, ID 83851-8501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">POTLATCH LUMBER</ENT>
                            <ENT>2200 Railroad Avenue, Saint Maries, ID 83861-2240.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ROSE LAKE GENERAL STORE</ENT>
                            <ENT>11235 S Highway 3, Cataldo, ID 83810-9685.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SILVER BEACH MARINA</ENT>
                            <ENT>4316 E Coeur D Alene Lake Drive, Coeur d'Alene, ID 83814-7772.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SMART FOODSERVICE #573</ENT>
                            <ENT>7630 N Division Street, Spokane, WA 99208-5614.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SMOKES AND SUDS</ENT>
                            <ENT>6848 N Government Way, Dalton Gardens, ID 83815-7798.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SS Spokane LLC</ENT>
                            <ENT>4417 W Wellesley Avenue, Spokane, WA 99205-1972.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOUCH OF COUNTRY</ENT>
                            <ENT>18111 S Molter Road, Rockford, WA 99030-9766.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Trego/Dungan Aviation of Grand Island, Inc.</ENT>
                            <ENT>9000 W Airport Drive, Spokane, WA 99224-9437.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TRIBAL CHEVRON</ENT>
                            <ENT>Highway 95, Worley, ID 83876.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Wolf Lodge Campground</ENT>
                            <ENT>12329 E Frontage Road, Coeur d'Alene, ID 83814-5269.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">YACHT CLUB SALES</ENT>
                            <ENT>1000 S Marina Dr Blackwell Isl, Coeur d'Alene, ID 83815.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #206</ENT>
                            <ENT>9001 N Indian Trail Road, Spokane, WA 99208-9116.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #241</ENT>
                            <ENT>400 Bridge Street, Clarkston, WA 99403-1931.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #254</ENT>
                            <ENT>161 W Prairie Avenue, Hayden, ID 83835-8284.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #258</ENT>
                            <ENT>13606 E 32nd Avenue, Spokane Valley, WA 99216-0113.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #265</ENT>
                            <ENT>6520 N Nevada Street, Spokane, WA 99208-5100.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #2248</ENT>
                            <ENT>1304 N Liberty Lake Road, Liberty Lake, WA 99019-8523.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #251</ENT>
                            <ENT>1208 Morgan Street, Davenport, WA 99122-9503.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #337</ENT>
                            <ENT>10 West Colville Avenue, Chewelah, WA 99109.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #342</ENT>
                            <ENT>1616 West Northwest Boulevard, Spokane, WA 99205.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #383</ENT>
                            <ENT>1320 S Blaine Street, Moscow, ID 83843-3971.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #385</ENT>
                            <ENT>391 N Main Street, Colville, WA 99114-2309.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1159</ENT>
                            <ENT>121 W Walnut Street, Newport, WA 99156-9030.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1242</ENT>
                            <ENT>2509 E 29th Avenue, Spokane, WA 99223-4803.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1299</ENT>
                            <ENT>10100 N Newport Highway, Spokane, WA 99218-1369.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1470</ENT>
                            <ENT>121 W Neider Avenue, Coeur d'Alene, ID 83815-9300.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1473</ENT>
                            <ENT>14020 E Sprague Avenue, Spokane Valley, WA 99216-2125.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1494</ENT>
                            <ENT>2507 W Wellesley Avenue, Spokane, WA 99205-5007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1740</ENT>
                            <ENT>2710 1st Street, Cheney, WA 99004-2032.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1799</ENT>
                            <ENT>3919 N Market Street, Spokane, WA 99207-5813.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #2639</ENT>
                            <ENT>430 SE Bishop Boulevard, Pullman, WA 99163-5503.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3248</ENT>
                            <ENT>902 W Francis Avenue, Spokane, WA 99205-6513.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3255</ENT>
                            <ENT>933 E Mission Avenue, Spokane, WA 99202-1923.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AMERICAN AIRLINES GEG</ENT>
                            <ENT>Spokane National Airport, Spokane, WA 99224.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #674</ENT>
                            <ENT>2221 1st Street, Cheney, WA 99004-2049.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #678</ENT>
                            <ENT>1589 P.O. Box, Deer Park, WA 99006-1589.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Cabela's #425—Post Falls</ENT>
                            <ENT>101 N Cabela Way, Post Falls, ID 83854-6522.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Levy Restaurants—Spokane Pavilion/SPAV</ENT>
                            <ENT>574 West N Howard Street, Spokane, WA 99201.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Levy@Spokane Arena</ENT>
                            <ENT>720 W Mallon Avenue, Spokane, WA 99201-2134.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LEVY@ONE SPOKANE STADIUM</ENT>
                            <ENT>501 W Gardener Avenue, Spokane, WA 99201.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23351</ENT>
                            <ENT>78 Sagle Road, Sagle, ID 83860-8253.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23769</ENT>
                            <ENT>279 State Highway 57, Priest River, ID 83856.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #30343</ENT>
                            <ENT>6003 Highway 291, #B, Nine Mile Falls, WA 99026-9565.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Delta Airlines GEG</ENT>
                            <ENT>9000 W Airport Drive, Spokane, WA 99224-9437.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #2477</ENT>
                            <ENT>740 N Cecil Road, #13, Post Falls, ID 83854-5322.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #5453</ENT>
                            <ENT>821 S Main Street, Suite N, Deer Park, WA 99006-8234.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #6384</ENT>
                            <ENT>16484 N Highway 41, Rathdrum, ID 83858-6888.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR TREE #8503</ENT>
                            <ENT>167 E Commerce Drive, Smelterville, ID 83868.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FELD ENTERTAINMENT INC</ENT>
                            <ENT>720 W Mallon Avenue, Spokane, WA 99201-2134.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAMILY DOLLAR FD BOX #12593</ENT>
                            <ENT>317 E Seltice Way, Post Falls, ID 83854-7988.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAMILY DOLLAR FD BOX #12659</ENT>
                            <ENT>396 Selkirk Way, Oldtown, ID 83822.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAMILY DOLLAR FD BOX #12955</ENT>
                            <ENT>452 1st Street, Davenport, WA 99122.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FAMILY DOLLAR FD BOX #13102</ENT>
                            <ENT>6053 W Van Buren Street, Spirit Lake, ID 83869.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CDA GROCERY OUTLET</ENT>
                            <ENT>410 W Neider Avenue, Coeur d'Alene, ID 83815-6078.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #310</ENT>
                            <ENT>10831 W Sr2 Highway, Airway Heights, WA 99001.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #572</ENT>
                            <ENT>2588 N Highway 41, Post Falls, ID 83854-6829.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Home Depot #4714</ENT>
                            <ENT>5617 E Sprague Avenue, Spokane Valley, WA 99212-0826.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Home Depot #4719</ENT>
                            <ENT>9116 N Newport Highway, Spokane, WA 99218-1212.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Love's Travel Stop #0301</ENT>
                            <ENT>4208 W Expo Parkway, Post Falls, ID 83854-7323.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MAVERIK #491</ENT>
                            <ENT>6415 N Ramsey Road, Coeur d'Alene, ID 83815-8400.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Maverik #519</ENT>
                            <ENT>425 W Hayden Avenue, Hayden, ID 83835-8104.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Maverik #607</ENT>
                            <ENT>5992 W Pointe Parkway, Post Falls, ID 83854.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Maverik #614</ENT>
                            <ENT>5525 N Government Way, Coeur d'Alene, ID 83815-9259.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7664"/>
                            <ENT I="01">Maverik #629</ENT>
                            <ENT>847 N Highway 41, Post Falls, ID 83854-7893.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Flying J Travel Center #639</ENT>
                            <ENT>3636 W 5th Avenue, Post Falls, ID 83854-7420.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5303</ENT>
                            <ENT>810 E 29th Avenue, Spokane, WA 99203-3219.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5304</ENT>
                            <ENT>2215 W Wellesley Avenue, Suite A, Spokane, WA 99205-5000.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5305</ENT>
                            <ENT>12222 E Sprague Avenue, Spokane Valley, WA 99206-5151.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5307</ENT>
                            <ENT>5840 N Division Street, Spokane, WA 99208-1207.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5309</ENT>
                            <ENT>1443 N Argonne Road, Spokane Valley, WA 99212-2685.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5311</ENT>
                            <ENT>12420 N Division Street, Spokane, WA 99218-1930.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5312</ENT>
                            <ENT>2929 E 29th Avenue Wa, Spokane, WA 99223.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5313</ENT>
                            <ENT>4514 S Regal Street, Spokane, WA 99223-7937.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5420</ENT>
                            <ENT>208 W Ironwood Drive, Coeur d'Alene, ID 83814-2640.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #6200</ENT>
                            <ENT>43 W Prairie Shopping Center, Hayden, ID 83835-9854.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #6553</ENT>
                            <ENT>9007 N Indian Trail Road, Spokane, WA 99208-9116.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #42405</ENT>
                            <ENT>4093 E Poleline Avenue, Post Falls, ID 83854-6996.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18256</ENT>
                            <ENT>924 E Empire Avenue, Spokane, WA 99207-3014.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #20522</ENT>
                            <ENT>2122 N Pines Road, Spokane Valley, WA 99206-4719.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23781</ENT>
                            <ENT>650 N Idaho Street, Post Falls, ID 83854-8669.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62133</ENT>
                            <ENT>2301 E Sherman Avenue, Coeur d'Alene, ID 83814-5337.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62135</ENT>
                            <ENT>14704 E Sprague Avenue, Spokane Valley, WA 99216-2256.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62136</ENT>
                            <ENT>13819 E Trent Avenue, Spokane Valley, WA 99216-2230.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62138</ENT>
                            <ENT>6021 E Trent Avenue, Spokane Valley, WA 99212-1213.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62149</ENT>
                            <ENT>901 East Sharp Avenue, Spokane, WA 99202.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62152</ENT>
                            <ENT>82 E Highway, Oldtown, ID 83822.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62166</ENT>
                            <ENT>228 S Thor Street, Spokane, WA 99202-4954.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62500</ENT>
                            <ENT>8901 N Indian Trail Road, Spokane, WA 99208-9157.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62503</ENT>
                            <ENT>198 W Ironwood Drive, Coeur d'Alene, ID 83814-2693.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62510</ENT>
                            <ENT>6616 N Nevada Street, Spokane, WA 99208-5102.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #636</ENT>
                            <ENT>9770 N Newport Highway, Spokane, WA 99218-1249.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #679</ENT>
                            <ENT>315 W Canfield Avenue, Coeur d'Alene, ID 83815-7750.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2857</ENT>
                            <ENT>4915 S Regal Street, Spokane, WA 99223-7633.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1403</ENT>
                            <ENT>9980 N Newport Highway, Spokane, WA 99218-1368.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1408</ENT>
                            <ENT>13802 E Indiana Avenue, Spokane Valley, WA 99216-5086.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chef'Store Cash and Carry Food Mart</ENT>
                            <ENT>208 E Appleway Avenue, Coeur d'Alene, ID 83814-3724.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NATURAL GROCERS</ENT>
                            <ENT>4603 N Division Street, Spokane, WA 99207-1529.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #1993</ENT>
                            <ENT>12312 E Sprague Avenue, Spokane Valley, WA 99216-0720.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #2205</ENT>
                            <ENT>12315 N Division Street, Spokane, WA 99218-1951.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5817</ENT>
                            <ENT>1708 W Northwest Boulevard, Spokane, WA 99205-3600.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5818</ENT>
                            <ENT>2105 E Wellesley Avenue, Spokane, WA 99207-4271.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5913</ENT>
                            <ENT>7905 N Division Street, Spokane, WA 99208-5633.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5914</ENT>
                            <ENT>15510 E Sprague Avenue, Spokane Valley, WA 99037-8945.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6863</ENT>
                            <ENT>335 W Appleway Avenue, Coeur d'Alene, ID 83814-9306.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7034</ENT>
                            <ENT>12 E Empire Avenue, Spokane, WA 99207-1706.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7846</ENT>
                            <ENT>2702 N Argonne Road, Spokane, WA 99212-2305.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7949</ENT>
                            <ENT>706 E Seltice Way, Post Falls, ID 83854-8674.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10314</ENT>
                            <ENT>260 W Honeysuckle Avenue, Hayden, ID 83835-9270.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10788</ENT>
                            <ENT>1502 N Liberty Lake Road, Liberty Lake, WA 99019-8631.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10946</ENT>
                            <ENT>2830 S Grand Boulevard, Spokane, WA 99203-2528.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #29 PBS</ENT>
                            <ENT>1700 W Pullman Road, Moscow, ID 83843.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #68 PBS</ENT>
                            <ENT>9257 N Nevada Street, Spokane, WA 99218-5023.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #70 PBS</ENT>
                            <ENT>9718 E Sprague Avenue, Spokane Valley, WA 99206-3621.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #101 PBS</ENT>
                            <ENT>1485 W Appleway Avenue, Coeur d'Alene, ID 83814-9357.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #128 PBS</ENT>
                            <ENT>2001 17th Street, Lewiston, ID 83501-4006.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #1870</ENT>
                            <ENT>1690 SE Harvest Drive, Pullman, WA 99163-6000.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2006</ENT>
                            <ENT>306 5th Street, Clarkston, WA 99403-1860.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2485</ENT>
                            <ENT>476999 Highway 95, Ponderay, ID 83852-9738.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2539</ENT>
                            <ENT>15727 East Broadway, Spokane, WA 99037.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2549</ENT>
                            <ENT>9212 N Colton Street, Spokane, WA 99218-1284.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2865</ENT>
                            <ENT>2301 W Wellesley Avenue, Spokane, WA 99205-5004.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #3472</ENT>
                            <ENT>3050 E Mullan Avenue, Post Falls, ID 83854-8939.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #3511</ENT>
                            <ENT>550 W Honeysuckle Avenue, Hayden, ID 83835-6042.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #4249</ENT>
                            <ENT>583 Commerce Drive, Smelterville, ID 83868.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #4394</ENT>
                            <ENT>1221 S Hayford Road, Spokane, WA 99224-7023.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #4395</ENT>
                            <ENT>6405 W Pointe Parkway, Post Falls, ID 83854-6948.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #5869</ENT>
                            <ENT>2470 W Pullman Road, Moscow, ID 83843-4034.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #5883</ENT>
                            <ENT>5025 E Sprague, Spokane, WA 99256-0001.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Walmart Supercenter #1947</ENT>
                            <ENT>902 Engh Road, Omak, WA 98841-9473.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">U.S. Forest Service department of Agriculture</ENT>
                            <ENT>11569 N Airport Road, Hayden Lake, ID 83835-5035.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">US Forest Service—ID National Panhandle Forest</ENT>
                            <ENT>3260 W Nursery Road, Coeur d'Alene, ID 83815-8420.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">96th St. Smoke &amp; Beer</ENT>
                            <ENT>2015 S 96th Street, Suite 2, Tacoma, WA 98444-1774.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">A's WINE &amp; SPIRITS</ENT>
                            <ENT>6820 19th Street W, University Place, WA 98466-5528.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALLENTOWN SUPERETTE</ENT>
                            <ENT>12404 42nd Avenue S, Tukwila, WA 98168-2526.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ARCO—TG CNI, LLC</ENT>
                            <ENT>17200 140th Avenue SE, Renton, WA 98058-7014.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7665"/>
                            <ENT I="01">Arco Am Pm</ENT>
                            <ENT>31855 Pacific Highway S, Federal Way, WA 98003-5409.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Arco Gas Station</ENT>
                            <ENT>305 A Street SE, Auburn, WA 98002-5428.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Barney &amp; Al Chevron</ENT>
                            <ENT>1649 Bellevue Way SE, Bellevue, WA 98004-7112.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BELLEVUE WAY CHEVRON</ENT>
                            <ENT>2626 Bellevue Way NE, Bellevue, WA 98004-2209.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BLACK BEAR OUTPOST</ENT>
                            <ENT>16114 Pacific Avenue S, Spanaway, WA 98387-8261.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Blue Max Meats</ENT>
                            <ENT>29304 State Route 410 E, Buckley, WA 98321-9424.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Boise Creek Trading Post</ENT>
                            <ENT>46918 244th Avenue SE, Enumclaw, WA 98022-8470.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Brightview Landscapes</ENT>
                            <ENT>5524 66th Avenue E, Puyallup, WA 98371-3718.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BROWN BEAR CAR WASH #1031</ENT>
                            <ENT>3724 Factoria Boulevard SE, Bellevue, WA 98006-6130.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BROWN BEAR CAR WASH #1043</ENT>
                            <ENT>34017 Hoyt Road SW, Federal Way, WA 98023-3208.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Brownsville Mart</ENT>
                            <ENT>9730 Brownsville Highway NE, Bremerton, WA 98311-9304.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CAMPEON MARKET CORP—FEDERAL WAY</ENT>
                            <ENT>31009 Pacific Highway S, Federal Way, WA 98003-4903.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CANYON ROAD GAS&amp;DELI</ENT>
                            <ENT>16105 Canyon Road E, Puyallup, WA 98375-7539.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CENTER STREET CHEVRON</ENT>
                            <ENT>4814 Center Street, Tacoma, WA 98409-2320.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CHAMBERS BAY GOLF</ENT>
                            <ENT>6320 Grandview Drive W, University Place, WA 98467-1060.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CHEAP SMOKE &amp; GROCERY</ENT>
                            <ENT>8203 South Tacoma Way, Lakewood, WA 98499-4535.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron</ENT>
                            <ENT>1692 Lake Tapps Parkway SE, Auburn, WA 98092-8377.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron</ENT>
                            <ENT>34727 Pacific Highway S, Federal Way, WA 98003-6868.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—301 S Grady</ENT>
                            <ENT>301 S Grady Way, Renton, WA 98057-3205.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—1712 S 356th</ENT>
                            <ENT>1712 S 356th Street, Federal Way, WA 98003-8304.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—10715 SE 240</ENT>
                            <ENT>10715 SE 240th Street, Kent, WA 98031-5380.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—19923 International</ENT>
                            <ENT>19923 International Boulevard, Seatac, WA 98188-5417.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—27121 Military RD</ENT>
                            <ENT>27121 Military Road S, Kent, WA 98032-7007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—31204 Federal Way</ENT>
                            <ENT>31204 Pacific Highway S, Federal Way, WA 98003-5402.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DASHPOINT ARCO</ENT>
                            <ENT>1600 SW 312th Street, Federal Way, WA 98023-4407.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Dashpoint Chevron</ENT>
                            <ENT>1650 SW Dash Point Road, Federal Way, WA 98023-4530.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DES MOINES MARINA</ENT>
                            <ENT>22307 Dock Avenue S, Des Moines, WA 98198-4627.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Des Moines Market</ENT>
                            <ENT>820 S Kent Des Moines Road, Des Moines, WA 98198-8101.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Dolce Vita Coffee</ENT>
                            <ENT>6524 NE 181st Street, #12, Kenmore, WA 98028-4851.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FOSS HARBOR MARINA</ENT>
                            <ENT>821 Dock Street, Tacoma, WA 98402-4612.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gravelly Lake 76</ENT>
                            <ENT>13101 Gravelly Lake Drive SW, Lakewood, WA 98499-1467.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GREEN APPLE EVENTS AND CATERIN</ENT>
                            <ENT>14828 NE 95th Street, Redmond, WA 98052-2541.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">H MART</ENT>
                            <ENT>31217 Pacific Highway S, Federal Way, WA 98003-5401.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">H MART</ENT>
                            <ENT>8720 South Tacoma Way, Lakewood, WA 98499-4545.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HADLOCK GAS MART</ENT>
                            <ENT>1100 Ness Corner Road, Port Hadlock, WA 98339-9443.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Hoquiam liquor store</ENT>
                            <ENT>2614 Simpson Avenue, Hoquiam, WA 98550-2929.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HUNGRY BEAR MARKET #1052</ENT>
                            <ENT>406 High School Road NE, Bainbridge Island, WA 98110-1625.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Java Java Coffee Co. Inc</ENT>
                            <ENT>15220 SE 272nd Street, Kent, WA 98042-4241.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Jim's Deli</ENT>
                            <ENT>9318 S Steele Street, Suite 1, Tacoma, WA 98444-6887.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">King County Light Rail</ENT>
                            <ENT>3407 Airport Way S, Seattle, WA 98134-2119.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Kona Ice of Lakewood</ENT>
                            <ENT>1529 Mounts Road SW, DuPont, WA 98327.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LAKE TAPPS MINI MART (TEXACO)</ENT>
                            <ENT>18215 9th Street E, Lake Tapps, WA 98391-6530.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LIFE NET HEALTH NW TISSUE SVCS</ENT>
                            <ENT>501 SW 39th St, Renton, WA 980574968.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LUCKY 5</ENT>
                            <ENT>8856 35th Avenue SW, Seattle, WA 98126-3606.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lucky Devil Latte</ENT>
                            <ENT>623 Central Avenue S, Kent, WA 98032-6110.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MAGNOLIA 76</ENT>
                            <ENT>2120 W Emerson Place, Seattle, WA 98199-1256.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Main Ave 76</ENT>
                            <ENT>1504 E Main, Puyallup, WA 98372-3140.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MERCER ISLAND CHEVRON</ENT>
                            <ENT>7655 Sunset Highway, Mercer Island, WA 98040-2824.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MEYDENBAUER BAY YACHT CLUB</ENT>
                            <ENT>9927 Meydenbauer Way SE, Bellevue, WA 98004-6028.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MILGARD</ENT>
                            <ENT>965 54th Avenue E, Fife, WA 98424-2729.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MLK CHEVRON</ENT>
                            <ENT>6600 Martin Luther King Jr. Way S, Seattle, WA 98118-3261.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MR MART</ENT>
                            <ENT>1504 E Main, Puyallup, WA 98372-3140.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NARROWS MARINA BAIT &amp; TACKLE</ENT>
                            <ENT>9007 S 19th Street, Suite 100, Tacoma, WA 98466-1819.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NISQUALLY MARKET</ENT>
                            <ENT>11741 Pacific Highway SW, Lakewood, WA 98499-5176.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NOAH'S GROCERY</ENT>
                            <ENT>4700 50th Avenue S, Seattle, WA 98118-1838.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Nordland General Store</ENT>
                            <ENT>7180 Flagler Road, Nordland, WA 98358-9800.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OLYMPIC GROCERY &amp; DELI</ENT>
                            <ENT>6601 South Tacoma Way, Tacoma, WA 98409-4024.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OLYMPIC SCIENTIFIC</ENT>
                            <ENT>4246 24th Avenue W, Seattle, WA 98199-1216.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ONE TIME SPECIAL EVENTS</ENT>
                            <ENT>Unknown, Seattle, WA 98105.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PARK AVE FOODS</ENT>
                            <ENT>7214 S Park Avenue, Tacoma, WA 98408-5414.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pete's Market</ENT>
                            <ENT>58 E Lynn Street, Seattle, WA 98102-3421.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PLATEAU SHELL</ENT>
                            <ENT>22631 NE Inglewood Hill Road, Sammamish, WA 98074-7105.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PORT LUDLOW MARINA</ENT>
                            <ENT>1 Gull Drive, Port Ludlow, WA 98365-9215.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Port Ludlow Village Market</ENT>
                            <ENT>40 Village Way, Port Ludlow, WA 98365-9762.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PORT OF KINGSTON</ENT>
                            <ENT>25864 Washington Boulevard NE, Kingston, WA 98346.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PREMIER PETROLEUM LLC</ENT>
                            <ENT>4580 Fauntleroy Way SW, Seattle, WA 98126-2740.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">QUILCENE VILLAGE STORE</ENT>
                            <ENT>294235 US Highway 101, Quilcene, WA 98376-9766.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">River Road Food Mart</ENT>
                            <ENT>1720 River Road, Puyallup, WA 98371-3879.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ROSE HILL CAR WASH</ENT>
                            <ENT>12520 NE 85th Street, Kirkland, WA 98033-8047.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Ross Park Convenience Store</ENT>
                            <ENT>4404 3rd Avenue NW, Seattle, WA 98107-4402.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ROTARY GROCERY</ENT>
                            <ENT>1503 B Pike Place, Seattle, WA 98101-1526.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ROXBURY 76</ENT>
                            <ENT>2851 SW Roxbury Street, Seattle, WA 98126-4148.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7666"/>
                            <ENT I="01">S&amp;S QUICK STOP</ENT>
                            <ENT>603 112th Street S, Tacoma, WA 98444-5625.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SCHWARTZ BROTHERS BAKERY—REN</ENT>
                            <ENT>1010 SW 34th Street, Renton, WA 98057-4813.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SEATTLE SUPER MARKET</ENT>
                            <ENT>4801 Beacon Avenue S, Seattle, WA 98108-1502.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Sedgwick One stop</ENT>
                            <ENT>1701 SE Sedgwick Road, Port Orchard, WA 98366-9598.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SHAW ROAD FOOD MART</ENT>
                            <ENT>12714 122nd Street E, Puyallup, WA 98374-2343.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">South Hill Pitstop Express</ENT>
                            <ENT>801 S Hill Park Drive, Puyallup, WA 98373-1432.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Stop by Corner</ENT>
                            <ENT>14857 Tukwila International Boulevard, Tukwila, WA 98168-4328.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Storyville Coffee</ENT>
                            <ENT>9459 Coppertop Loop NE, Bainbridge Island, WA 98110-3647.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUNSET BEACH GROCERY &amp; DELI</ENT>
                            <ENT>17151 E Highway 106, Belfair, WA 98528.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUPER 24 FOODS STORE</ENT>
                            <ENT>6402 Lake Washington Boulevard NE, Kirkland, WA 98033-6818.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TIKI CAR WASH/CHEVRON</ENT>
                            <ENT>11909 NE 8th Street, Bellevue, WA 98005-3023.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Valley Gas &amp; Car Wash</ENT>
                            <ENT>204 Valley Avenue NE, Puyallup, WA 98372-2501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALT'S LYNNWOOD CTR MARKET</ENT>
                            <ENT>4759 Lynwood Center Road NE, Bainbridge Island, WA 98110-3242.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Wauna Liquor</ENT>
                            <ENT>11717 State Route 302 NW, Gig Harbor, WA 98329-7223.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WEST LAKE DELI/DELI EXPRESSO</ENT>
                            <ENT>2132 Westlake Avenue N, Seattle, WA 98109-2404.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WESTGATE SHELL MINI MART</ENT>
                            <ENT>660 Edmonds Way, Edmonds, WA 98020-4690.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">YARROW BAY MARINA</ENT>
                            <ENT>5207 Lake Washington Boulevard NE, Kirkland, WA 98033-7321.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ZIP MARKET/TEXACO</ENT>
                            <ENT>10645 16th Avenue SW, Seattle, WA 98146-2077.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #496</ENT>
                            <ENT>15000 NE 24th Street, Redmond, WA 98052-5531.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #544</ENT>
                            <ENT>21301 Highway 410, Bonney Lake, WA 98391.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #555</ENT>
                            <ENT>630 228th Avenue NE, Sammamish, WA 98074-7241.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #558</ENT>
                            <ENT>6911 Coal Creek Parkway SE, Newcastle, WA 98059-3136.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #792</ENT>
                            <ENT>17023 SE 272nd Street, Covington, WA 98042-4948.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1186</ENT>
                            <ENT>27035 Pacific Highway S, Des Moines, WA 98198-9250.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1528</ENT>
                            <ENT>460 SW Mt Si Boulevard, North Bend, WA 98045-8291.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1966</ENT>
                            <ENT>13101 SE Kent Kangley Road, Kent, WA 98030-7915.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #2932 FC</ENT>
                            <ENT>4115 SW Admiral Way, Seattle, WA 98116-2517.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #4616 C-STORE</ENT>
                            <ENT>3205 Harrison Avenue NW, Olympia, WA 98502-8704.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY FUEL #4608</ENT>
                            <ENT>2611 E Sims Way, Port Townsend, WA 98368-4617.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AM/PM #5445—SEATTLE</ENT>
                            <ENT>665 23rd Avenue, Seattle, WA 98122-6000.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #684</ENT>
                            <ENT>310 Myrtle Street, Aberdeen, WA 98520-4416.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #687</ENT>
                            <ENT>1353 Olney Avenue SE, Port Orchard, WA 98366-4044.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COSTCO #6</ENT>
                            <ENT>400 Costco Drive, Suite 150, Tukwila, WA 98188-4808.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COSTCO #639</ENT>
                            <ENT>955 W Washington Street, Sequim, WA 98382-3266.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Levy Restaurants—Century Link</ENT>
                            <ENT>800 Occidental Avenue S, Seattle, WA 98134-1200.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Circle K #2655214</ENT>
                            <ENT>3727 Factoria Boulevard SE, Bellevue, WA 98006-6131.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CENTERPLATE@SAFECO FIELD</ENT>
                            <ENT>First Ave S&amp;S Atlantic Street, Seattle, WA 98134.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DoorDash—SEA-1</ENT>
                            <ENT>2235 5th Avenue, Seattle, WA 98121-1807.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DoorDash Seattle 2</ENT>
                            <ENT>3701 S Cedar Street, Tacoma, WA 98409-5732.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DoorDash—BLV-1</ENT>
                            <ENT>1015 Andover Park E, Tukwila, WA 98188-7615.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #20961</ENT>
                            <ENT>198 N Summit Road, McCleary, WA 98557-9506.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #25850</ENT>
                            <ENT>105 Solki Road, Aberdeen, WA 98520-8842.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Delta Airlines SEA</ENT>
                            <ENT>18627 28th Avenue S, Seatac, WA 98158-1302.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Extra Mile #380309</ENT>
                            <ENT>27121 Military Road S, Kent, WA 98032-7007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FELD ENTERTAINMENT INC</ENT>
                            <ENT>2727 E D Street, Tacoma, WA 98421-1216.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #354</ENT>
                            <ENT>6625 132nd Avenue NE, Kirkland, WA 98033-8627.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GROCERY OUTLET #537</ENT>
                            <ENT>10 Eagle Drive, Elma, WA 98541-9161.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GROCERY OUTLET-#189 (TACOMA)</ENT>
                            <ENT>3510 S 56th Street, Tacoma, WA 98409-4206.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MONSTER ENERGY SHURGARD STORA</ENT>
                            <ENT>3270 B Street NW, Suite C, Auburn, WA 98001-1706.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Mission Foods (Gruma USA)</ENT>
                            <ENT>6611 Valley Avenue E, Fife, WA 98424-2250.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NEX Bremerton MM Jackson</ENT>
                            <ENT>5885 Chinook Pass Street, Bremerton, WA 98312-1975.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Flying J #1169</ENT>
                            <ENT>2725 93rd Avenue SW, Tumwater, WA 98512-9132.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot PE #1173</ENT>
                            <ENT>1440 Puyallup Avenue, Tacoma, WA 98421-2327.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #151</ENT>
                            <ENT>2430 93rd Avenue SW, Tumwater, WA 98512-1027.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5215</ENT>
                            <ENT>301 High School Road NE, Bainbridge Island, WA 98110-1608.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5217</ENT>
                            <ENT>9000 Rainier Avenue S, Seattle, WA 98118-5017.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5254</ENT>
                            <ENT>4117 Kitsap Way, Bremerton, WA 98312-2449.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5260</ENT>
                            <ENT>3282 Bethel Road SE, Port Orchard, WA 98366-5603.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5265</ENT>
                            <ENT>520 W Washington Street, Sequim, WA 98382-3279.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #6462</ENT>
                            <ENT>27000 Miller Bay Road NE, Kingston, WA 98346-9371.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3613 FC</ENT>
                            <ENT>34812 SE Douglas Street, Snoqualmie, WA 98065-9220.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22261</ENT>
                            <ENT>201 Lincoln Street, Hoquiam, WA 98550-1836.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22762</ENT>
                            <ENT>5801 Olympic Highway, Aberdeen, WA 98520-8862.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23020</ENT>
                            <ENT>1522 E Madison Street, Seattle, WA 98122-4014.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23228</ENT>
                            <ENT>31006 Pacific Highway S, Federal Way, WA 98003-4983.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38727</ENT>
                            <ENT>9902 200th Avenue E, Bonney Lake, WA 98391.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38862</ENT>
                            <ENT>100 Ellingson Road, Pacific, WA 98047.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #41705</ENT>
                            <ENT>8901 Bridgeport Way SW, Lakewood, WA 98499-2431.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #41884</ENT>
                            <ENT>4044 Pacific Avenue SE, Lacey, WA 98503-1111.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #42046</ENT>
                            <ENT>1501 Auburn Way N, Auburn, WA 98002-3307.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #42047</ENT>
                            <ENT>17519 Pacific Avenue S, Spanaway, WA 98387-8208.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #42048</ENT>
                            <ENT>34727 Pacific Highway S, Federal Way, WA 98003.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7667"/>
                            <ENT I="01">7-11 #42243</ENT>
                            <ENT>19011 141st Street Ct E, Bonner Lake, WA 98391.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-Eleven #38557</ENT>
                            <ENT>5516 E Portland Avenue, Tacoma, WA 98404-4533.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14436</ENT>
                            <ENT>4312 SW Admiral Way, Seattle, WA 98116-2423.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14438</ENT>
                            <ENT>11065 8th Avenue S, Seattle, WA 98168-1507.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14441</ENT>
                            <ENT>11505 SE 168th Street, Renton, WA 98055-5931.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18563</ENT>
                            <ENT>7727 Custer Road W, Lakewood, WA 98499-8398.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18653</ENT>
                            <ENT>6125 Pacific Avenue SE, Lacey, WA 98503-1357.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18863</ENT>
                            <ENT>9923 Gravelly Lake Drive SW, Lakewood, WA 98499-1705.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #19614</ENT>
                            <ENT>12701 Meridian E, Puyallup, WA 98373-3411.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #20471</ENT>
                            <ENT>13456 1st Avenue S, Burien, WA 98168-2625.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22417</ENT>
                            <ENT>411 S Boone Street, Aberdeen, WA 98520-8508.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22561</ENT>
                            <ENT>3280 SW Avalon Way, Seattle, WA 98126-2607.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22671</ENT>
                            <ENT>711 Washington Avenue N, Kent, WA 98032-2917.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22892</ENT>
                            <ENT>941 S Meridian, Puyallup, WA 98371-6908.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22984</ENT>
                            <ENT>3702 Auburn Way N, Auburn, WA 98002-1320.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23109</ENT>
                            <ENT>362 Denny Way, Seattle, WA 98109-4912.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23525</ENT>
                            <ENT>12848 Martin Luther King Jr Way S, Seattle, WA 98178-3512.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23931 MKT #2360</ENT>
                            <ENT>11657 Des Moines Memorial Drive S, Burien, WA 98168-1227.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23938</ENT>
                            <ENT>4026 A Street SE, Auburn, WA 98002-8642.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #24379</ENT>
                            <ENT>904 E Market Street, Aberdeen, WA 98520-2842.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #24449</ENT>
                            <ENT>10649 108th Avenue SW, Tacoma, WA 98498-1576.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #25125</ENT>
                            <ENT>3500 Wheaton Way, Bremerton, WA 98310-3531.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #25983</ENT>
                            <ENT>3541 Martin Way E, Olympia, WA 98506-5049.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26153</ENT>
                            <ENT>817 Meridian E, Milton, WA 98354-7013.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26268</ENT>
                            <ENT>28719 Military Road S, Federal Way, WA 98003-3332.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26544</ENT>
                            <ENT>304 N 36th Street, Seattle, WA 98103-8632.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26818</ENT>
                            <ENT>19023 International Boulevard, Seatac, WA 98188-5207.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26857</ENT>
                            <ENT>3115 6th Avenue, Tacoma, WA 98406-6216.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26939</ENT>
                            <ENT>2429 Harbor Avenue SW, Seattle, WA 98126-2133.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27030</ENT>
                            <ENT>680 Strander Boulevard, Tukwila, WA 98188-2923.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27283</ENT>
                            <ENT>820 S Kent Des Moines Road, Des Moines, WA 98198-8101.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27288</ENT>
                            <ENT>6815 196th Street SW, Lynnwood, WA 98036-5074.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27742</ENT>
                            <ENT>20008 International Boulevard, Seatac, WA 98198-5701.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #29078</ENT>
                            <ENT>101 NE 50th Street, Seattle, WA 98105-4823.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #29989</ENT>
                            <ENT>15202 Meridian E, Puyallup, WA 98375-9511.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #32308</ENT>
                            <ENT>1901 S Trafton Street, Tacoma, WA 98405-2823.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #32672</ENT>
                            <ENT>3001 S Meridian, Puyallup, WA 98373-1464.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34144</ENT>
                            <ENT>18012 68th Avenue S, Kent, WA 98032-1020.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34475</ENT>
                            <ENT>9200 35th Avenue SW, Seattle, WA 98126-3823.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34587</ENT>
                            <ENT>5006 Center Street, Tacoma, WA 98409-2314.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34690</ENT>
                            <ENT>9671 Silverdale Way NW, Silverdale, WA 98383-9443.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34691</ENT>
                            <ENT>1107 N Callow Avenue, Bremerton, WA 98312-3053.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35011</ENT>
                            <ENT>2631 S 38th Street, Tacoma, WA 98409-7355.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35274</ENT>
                            <ENT>3922 E Portland Avenue, Tacoma, WA 98404-4621.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35333</ENT>
                            <ENT>1602 A Street SE, Auburn, WA 98002-6620.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14354</ENT>
                            <ENT>16506 5th Avenue NE, Shoreline, WA 98155-5002.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14355</ENT>
                            <ENT>9126 Roosevelt Way NE, Seattle, WA 98115-2840.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14360</ENT>
                            <ENT>3200 NW 54th Street, Seattle, WA 98107-3308.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14392</ENT>
                            <ENT>9 Nickerson Street, Seattle, WA 98109-1619.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14418</ENT>
                            <ENT>15521 Bellevue Redmond Road, Bellevue, WA 98007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14439</ENT>
                            <ENT>34041 Military Road S, Auburn, WA 98001-9733.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14442</ENT>
                            <ENT>202 N I Street, Tacoma, WA 98403-1926.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14443</ENT>
                            <ENT>14462 34th Avenue S, Tukwila, WA 98168-4302.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14463</ENT>
                            <ENT>9041 Delridge Way SW, Seattle, WA 98106-2335.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14470</ENT>
                            <ENT>1600 SW Holden Street, Seattle, WA 98106-1879.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14481</ENT>
                            <ENT>1539 21st Street SE, Auburn, WA 98002-7869.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #15525</ENT>
                            <ENT>3120 S 176th Street, Seatac, WA 98188-4006.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #15970</ENT>
                            <ENT>17410 Pacific Avenue S, Spanaway, WA 98387-8263.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16318</ENT>
                            <ENT>13723 Pacific Avenue S, Tacoma, WA 98444-4745.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16365</ENT>
                            <ENT>6111 24th Avenue NW, Seattle, WA 98107-3211.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16547</ENT>
                            <ENT>4812 Erskine Way SW, Seattle, WA 98116-4425.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16686</ENT>
                            <ENT>9117 South Tacoma Way, Lakewood, WA 98499-4443.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #17355</ENT>
                            <ENT>15 148th Avenue NE, Bellevue, WA 98007-4942.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #17486</ENT>
                            <ENT>12702 Renton Avenue S, Seattle, WA 98178-4850.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #17509</ENT>
                            <ENT>9450 Pacific Avenue, Tacoma, WA 98444-6240.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18194</ENT>
                            <ENT>5605 S Birmingham Street, Tacoma, WA 98409-5307.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18585</ENT>
                            <ENT>9517 S Steele Street, Tacoma, WA 98444-1858.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18758</ENT>
                            <ENT>26007 Pacific Highway S, Des Moines, WA 98198-9245.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #19324</ENT>
                            <ENT>802 6th Street, Bremerton, WA 98337-1441.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #19911</ENT>
                            <ENT>14340 124th Avenue NE, Kirkland, WA 98034-1414.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #20188</ENT>
                            <ENT>13131 SE 240th Street, Kent, WA 98031-5021.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #20249</ENT>
                            <ENT>1302 8th Street NE, Auburn, WA 98002-4556.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7668"/>
                            <ENT I="01">7-11 #20872</ENT>
                            <ENT>19825 Mountain Highway E, Spanaway, WA 98387-8412.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22433</ENT>
                            <ENT>1002 S 38th Street, Tacoma, WA 98418-5029.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22478</ENT>
                            <ENT>2021 Simpson Avenue, Aberdeen, WA 98520-3604.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22622</ENT>
                            <ENT>5520 Orchard Street W, University Place, WA 98467-3637.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22866</ENT>
                            <ENT>14207 Tukwila International Boulevard, Tukwila, WA 98168-4124.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23895</ENT>
                            <ENT>12355 15th Avenue NE, Seattle, WA 98125-4819.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #24410</ENT>
                            <ENT>404 Sunset Boulevard N, Renton, WA 98057-5512.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #24520</ENT>
                            <ENT>4720 Bridgeport Way W, University Place, WA 98466-4204.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #25303</ENT>
                            <ENT>511 Central Avenue S, Kent, WA 98032-5903.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #25525</ENT>
                            <ENT>1550 NW Market Street, Seattle, WA 98107-5211.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26198</ENT>
                            <ENT>10814 Pacific Highway SW, Lakewood, WA 98499-4640.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #32658</ENT>
                            <ENT>1200 SW 43rd Street, Renton, WA 98057-4829.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34636</ENT>
                            <ENT>4020 NE 4th St, Renton, WA 98056-4114.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35012</ENT>
                            <ENT>2632 South Tacoma Way, Tacoma, WA 98409-7526.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35013</ENT>
                            <ENT>801 S 56th Street, Tacoma, WA 98408-5612.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35056</ENT>
                            <ENT>17615 108th Avenue SE, Renton, WA 98055-6400.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35334</ENT>
                            <ENT>31207 124th Avenue SE, Auburn, WA 98092-3618.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35360</ENT>
                            <ENT>7231 South Tacoma Way, Tacoma, WA 98409-3933.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35512</ENT>
                            <ENT>5602 McKinley Avenue, Tacoma, WA 98404-2326.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35603</ENT>
                            <ENT>5308 Pacific Highway E, Fife, WA 98424-2602.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35614</ENT>
                            <ENT>5221 100th Street SW, Lakewood, WA 98499-3907.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35872</ENT>
                            <ENT>4615 SW 320th Street, Federal Way, WA 98023-2400.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #37009</ENT>
                            <ENT>1430 E 72nd Street, Tacoma, WA 98404-5915.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #37068</ENT>
                            <ENT>810 3rd Avenue, Suite 820, Seattle, WA 98104-1655.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #37134</ENT>
                            <ENT>5700 Martin Luther King Jr. Way S, Seattle, WA 98118-2622.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #37558</ENT>
                            <ENT>100 Bellevue Way SE, Bellevue, WA 98004-6228.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38454</ENT>
                            <ENT>5110 6th Avenue, Tacoma, WA 98406-2602.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38597</ENT>
                            <ENT>22422 83rd Avenue S, Kent, WA 98032-1989.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38640</ENT>
                            <ENT>2412 136th Avenue Ct E, Sumner, WA 98390-9100.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38700</ENT>
                            <ENT>12400 SE 312th Street, Auburn, WA 98092-3147.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38701</ENT>
                            <ENT>8306 Tacoma Mall Boulevard, Lakewood, WA 98499-8416.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38722</ENT>
                            <ENT>3309 Pacific Highway E, Fife, WA 98424.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38805</ENT>
                            <ENT>2415 Griffin Avenue, Enumclaw, WA 98022-2409.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38807</ENT>
                            <ENT>20727 108th Avenue SE, Kent, WA 98031-1535.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38940</ENT>
                            <ENT>15 Auburn Avenue, Auburn, WA 98002-5405.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #39637</ENT>
                            <ENT>18010 E Valley Highway, Kent, WA 98032-2502.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #39638</ENT>
                            <ENT>300 Rainier Avenue S, Renton, WA 98057-2403.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #39835</ENT>
                            <ENT>26220 116th Avenue SE, Kent, WA 98030-8663.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #39836</ENT>
                            <ENT>31980 Military Road S, Auburn, WA 98001-3120.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #41103</ENT>
                            <ENT>7016 Valley Avenue E, Fife, WA 98424.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WAGON WHEEL MARKET SHELL</ENT>
                            <ENT>22321 Mountain Highway E, Spanaway, WA 98387-7529.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S Petroleum</ENT>
                            <ENT>701 Trosper Road SW, Tumwater, WA 98512-6933.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S Petroleum</ENT>
                            <ENT>765 Rainier Avenue S, Renton, WA 98057-3204.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S Petroleum Inc.</ENT>
                            <ENT>303 SW 148th Street, Burien, WA 98166-1927.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62513</ENT>
                            <ENT>390 SW Sedgewick Road, Port Orchard, WA 98367.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62514</ENT>
                            <ENT>2808 Wheaton Way, Bremerton, WA 98310-3433.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62515</ENT>
                            <ENT>12739 1st Avenue S, Burien, WA 98168-2683.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62516</ENT>
                            <ENT>8184 NE State Highway 104, Kingston, WA 98346-9471.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62517</ENT>
                            <ENT>108 Military Rd S, Tacoma, WA 984446927.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Southwest Airlines SEA</ENT>
                            <ENT>16215 Air Cargo Road, Seatac, WA 98158-1301.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #341</ENT>
                            <ENT>3320 S 23rd Street, Tacoma, WA 98405-1603.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #342</ENT>
                            <ENT>3310 S Meridian, Puyallup, WA 98373-3777.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #349</ENT>
                            <ENT>5618 Lakewood Towne Center Boulevard SW, Lakewood, WA 98499-3894.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #606</ENT>
                            <ENT>3201 NW Randall Way, Silverdale, WA 98383-7952.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #607</ENT>
                            <ENT>2925 Harrison Avenue NW, Olympia, WA 98502-2566.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #627</ENT>
                            <ENT>301 Strander Boulevard, Tukwila, WA 98188-2971.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #637</ENT>
                            <ENT>2800 SW Barton Street, Seattle, WA 98126-3975.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #681</ENT>
                            <ENT>26301 104th Avenue SE, Kent, WA 98030-7649.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #996</ENT>
                            <ENT>755 NW Gilman Boulevard, Issaquah, WA 98027-5357.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1205</ENT>
                            <ENT>11400 51st Avenue NW, Gig Harbor, WA 98332-7891.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1284</ENT>
                            <ENT>302 NE Northgate Way, Seattle, WA 98125-6047.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1355</ENT>
                            <ENT>665 Sleater Kinney Road SE, Lacey, WA 98503-1007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1947</ENT>
                            <ENT>2201 S Commons, Federal Way, WA 98003-6023.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1957</ENT>
                            <ENT>9400 192 Avenue Bonnie Lake, Sumner, WA 98391.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2136</ENT>
                            <ENT>1302 156th Street E, Puyallup, WA 98374.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2290</ENT>
                            <ENT>1215 N Landing Way, Renton, WA 98057-5521.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2786</ENT>
                            <ENT>1401 2nd Avenue, Seattle, WA 98101-2187.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #3275</ENT>
                            <ENT>272 116th Avenue NE, Bellevue, WA 98004-5213.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1407</ENT>
                            <ENT>32095 Pacific Highway S, Federal Way, WA 98003-6001.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1409</ENT>
                            <ENT>525 NE Northgate Way, Suite 5, Seattle, WA 98125-6198.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1411</ENT>
                            <ENT>1550 W Armory Way, Seattle, WA 98119-2744.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7669"/>
                            <ENT I="01">TOTAL WINE &amp; MORE #1412</ENT>
                            <ENT>11066 Pac Crest Place NW, Suite A110, Silverdale, WA 98383.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE #1401</ENT>
                            <ENT>699 120th Avenue NE, Bellevue, WA 98005-3009.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE #1402</ENT>
                            <ENT>300 Andover Park W, Suite 500, Tukwila, WA 98188-3344.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE #1406</ENT>
                            <ENT>625 Black Lake Boulevard SW, Suite 405, Olympia, WA 98502-5066.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE #1410</ENT>
                            <ENT>120 31st Avenue SE, Puyallup, WA 98374-1203.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1413</ENT>
                            <ENT>4502 S Steele Street, Tacoma, WA 98409-7242.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WHOLE FOODS MARKET—CHAMBER BAY</ENT>
                            <ENT>3515 Bridgeport Way W, University Place, WA 98466-4487.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WinCo Foods #170</ENT>
                            <ENT>6201 6th Avenue, Tacoma, WA 98406-2019.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">4th Street Market and Deli</ENT>
                            <ENT>1212 4th Street, Marysville, WA 98270-4917.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">47 Market Deli ans Coffee</ENT>
                            <ENT>4702 Evergreen Way, Everett, WA 98203-2831.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">96th St. Smoke &amp; Beer</ENT>
                            <ENT>2015 S 96th Street, Suite 2, Tacoma, WA 98444-1774.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">A's WINE &amp; SPIRITS</ENT>
                            <ENT>6820 19th Street W, University Place, WA 98466-5528.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Alaska Airlines</ENT>
                            <ENT>3308 100th Street SW, Everett, WA 98204-1301.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALLENTOWN SUPERETTE</ENT>
                            <ENT>12404 42nd Avenue S, Tukwila, WA 98168-2526.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ARCO—TG CNI, LLC</ENT>
                            <ENT>17200 140th Avenue SE, Renton, WA 98058-7014.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Ascend Petro</ENT>
                            <ENT>8506 5th Avenue NE, Seattle, WA 98115-2918.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Baljeet &amp; Hardeep LLC</ENT>
                            <ENT>235 Pine Avenue, Snohomish, WA 98290-2539.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Barney &amp; Al Chevron</ENT>
                            <ENT>1649 Bellevue Way SE, Bellevue, WA 98004-7112.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BELLEVUE WAY CHEVRON</ENT>
                            <ENT>2626 Bellevue Way NE, Bellevue, WA 98004-2209.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Bodega on Broadway</ENT>
                            <ENT>1302 Broadway, Everett, WA 98201-1718.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BOLDHAT PRODUCTIONS/FREEMONT O</ENT>
                            <ENT>3503 Phinney Avenue N, Seattle, WA 98103-8625.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BOTHELL DELI &amp; GROCERY</ENT>
                            <ENT>10303 Main Street, Bothell, WA 98011-3429.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BRIER GROCERY</ENT>
                            <ENT>23607 Brier Road, Brier, WA 98036-8438.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Brightview Landscape</ENT>
                            <ENT>21909 76th Drive SE, Woodinville, WA 98072-9727.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Broadway Grocery</ENT>
                            <ENT>6901 Broadway, Everett, WA 98203-5339.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BROWN BEAR CAR WASH #1031</ENT>
                            <ENT>3724 Factoria Boulevard SE, Bellevue, WA 98006-6130.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BROWN BEAR CAR WASH #1043</ENT>
                            <ENT>34017 Hoyt Road SW, Federal Way, WA 98023-3208.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Brownsville Mart</ENT>
                            <ENT>9730 Brownsville Highway NE, Bremerton, WA 98311-9304.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Buffalo Chevron</ENT>
                            <ENT>13116 39th Avenue SE, Everett, WA 98208-5638.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CAMPEON MARKET CORP—FEDERAL WAY</ENT>
                            <ENT>31009 Pacific Hwy S, Federal Way, WA 98003-4903.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CHAMBERS BAY GOLF</ENT>
                            <ENT>6320 Grandview Drive W, University Place, WA 98467-1060.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron</ENT>
                            <ENT>1692 Lake Tapps Parkway SE, Auburn, WA 98092-8377.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron</ENT>
                            <ENT>34727 Pacific Highway S, Federal Way, WA 98003-6868.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—301 S Grady</ENT>
                            <ENT>301 S Grady Way, Renton, WA 98057-3205.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—1712 S 356th</ENT>
                            <ENT>1712 S 356th Street, Federal Way, WA 98003-8304.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—10715 SE 240</ENT>
                            <ENT>10715 SE 240th Street, Kent, WA 98031-5380.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—19923 International</ENT>
                            <ENT>19923 International Boulevard, Seatac, WA 98188-5417.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chevron—27121 Military RD</ENT>
                            <ENT>27121 Military Road S, Kent, WA 98032-7007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CHEVRON #4001</ENT>
                            <ENT>12607 NE 85th Street, Kirkland, WA 98033-8046.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CHEVRON #4015</ENT>
                            <ENT>16010 Redmond Way, Redmond, WA 98052-3827.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Cider Summit at Lake Union</ENT>
                            <ENT>860 Terry Avenue N, Seattle, WA 98109-4330.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COFFEE BOX</ENT>
                            <ENT>509 W Stevens Avenue #SR2, Sultan, WA 98294-9453.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Commercial Industrial Roofing</ENT>
                            <ENT>3601 121st Street SW, Lynnwood, WA 98087-1539.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Compass Group USA</ENT>
                            <ENT>7500 E Marginal Way S, Seattle, WA 98108-3546.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Connors and Company</ENT>
                            <ENT>1247 15th Avenue E, Seattle, WA 98112-3341.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Dashpoint Chevron</ENT>
                            <ENT>1650 SW Dash Point Road, Federal Way, WA 98023-4530.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DES MOINES MARINA</ENT>
                            <ENT>22307 Dock Avenue S, Des Moines, WA 98198-4627.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Des Moines Market</ENT>
                            <ENT>820 S Kent Des Moines Road, Des Moines, WA 98198-8101.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Diplo's Fun Run</ENT>
                            <ENT>2143 N Northlake Way, Seattle, WA 98103-9175.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Dolce Vita Coffee</ENT>
                            <ENT>6524 NE 181st Street, #12, Kenmore, WA 98028-4851.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ECNL Girls Playoffs</ENT>
                            <ENT>15200 NE 116th Street, Redmond, WA 98052-2514.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Elliott Bay Marina</ENT>
                            <ENT>2601 W Marina Place, Seattle, WA 98199-4331.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Event Management Services</ENT>
                            <ENT>541 Paradise Lane, Edmonds, WA 98020-4650.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EVERETT BAYSIDE MARINE</ENT>
                            <ENT>1111 Craftsman Way, Everett, WA 98201-1584.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Evergreen State Fair</ENT>
                            <ENT>14405 179th Avenue SE M/S 602, Monroe, WA 98272.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Factoria 76</ENT>
                            <ENT>3727 Factoria Boulevard SE, Bellevue, WA 98006-6131.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Foodie Land—Bite of Seattle</ENT>
                            <ENT>305 Harrison Street, Seattle, WA 98109-4623.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GREEN APPLE EVENTS AND CATERIN</ENT>
                            <ENT>14828 NE 95th Street, Redmond, WA 98052-2541.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GROVE STREET MARKET</ENT>
                            <ENT>5931 Grove Street, Marysville, WA 98270-3925.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grove Street Shell</ENT>
                            <ENT>5830 Grove Street, Marysville, WA 98270-3907.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">H MART</ENT>
                            <ENT>3301 184th Street SW, Lynnwood, WA 98037-4797.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">H MART</ENT>
                            <ENT>31217 Pacific Highway S, Federal Way, WA 98003-5401.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HADLOCK GAS MART</ENT>
                            <ENT>1100 Ness Corner Road, Port Hadlock, WA 98339-9443.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Hongin Corporation D/B/A Sno-Pine Ave 76</ENT>
                            <ENT>235 Pine Avenue, Snohomish, WA 98290-2539.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HUNGRY BEAR MARKET #1052</ENT>
                            <ENT>406 High School Road NE, Bainbridge Island, WA 98110-1625.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HydroJenn Farms</ENT>
                            <ENT>15130 245th Avenue SE, Monroe, WA 98272-7629.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Independent Event Solutions—Capitol Hill Block Party</ENT>
                            <ENT>1525 11th Avenue, Seattle, WA 98122-3903.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Ironman 70.3—WA</ENT>
                            <ENT>22801 SE 272nd Street, Maple Valley, WA 98038-6844.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Java Java Coffee Co. Inc</ENT>
                            <ENT>15220 SE 272nd Street, Kent, WA 98042-4241.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Jefferson Park Golf Course</ENT>
                            <ENT>4101 Beacon Avenue S, Seattle, WA 98108-1522.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Jim's Deli</ENT>
                            <ENT>9318 S Steele Street, Suite 1, Tacoma, WA 98444-6887.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Kona Ice of Everett</ENT>
                            <ENT>7030 Carson Road, Everett, WA 98203-5050.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7670"/>
                            <ENT I="01">Kona Ice of Lakewood</ENT>
                            <ENT>1529 Mounts Road SW, DuPont, WA 98327.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">KWIK N' KLEAN</ENT>
                            <ENT>9715 Edmonds Way, Edmonds, WA 98020-5939.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LAKE ROESIGER STORE</ENT>
                            <ENT>810 S Lake Roesiger Road, Snohomish, WA 98290-7509.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LAKE TAPPS MINI MART (TEXACO)</ENT>
                            <ENT>18215 9th Street E, Lake Tapps, WA 98391-6530.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LAKEWOOD WA CRM MISC TAXABLE</ENT>
                            <ENT>9625 32nd Avenue Ct S, Lakewood, WA 98499-9261.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LIFE NET HEALTH NW TISSUE SVCS</ENT>
                            <ENT>501 SW 39th Street, Renton, WA 98057-4968.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Live Nation Concerts</ENT>
                            <ENT>334 1st Avenue N, Seattle, WA 98109-4501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LUCKY 5</ENT>
                            <ENT>8856 35th Avenue SW, Seattle, WA 98126-3606.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lucky Devil Latte</ENT>
                            <ENT>623 Central Avenue S, Kent, WA 98032-6110.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MAGNOLIA 76</ENT>
                            <ENT>2120 W Emerson Place, Seattle, WA 98199-1256.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MARINER FOOD MART</ENT>
                            <ENT>325 112th Street SW, Everett, WA 98204-4969.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MCAPS Start Celebration</ENT>
                            <ENT>3115 161st Avenue NE, Redmond, WA 98052-6891.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MERCER ISLAND CHEVRON</ENT>
                            <ENT>7655 Sunset Highway, Mercer Island, WA 98040-2824.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MEYDENBAUER BAY YACHT CLUB</ENT>
                            <ENT>9927 Meydenbauer Way SE, Bellevue, WA 98004-6028.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Mike Chandler</ENT>
                            <ENT>Special Events, Seattle, WA 98118.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MLK CHEVRON</ENT>
                            <ENT>6600 Martin Luther King Jr. Way S, Seattle, WA 98118-3261.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MUKILTEO BOULEVARD 76 STATION</ENT>
                            <ENT>301 W Mukilteo Boulevard, Everett, WA 98203-1915.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NOAH'S GROCERY</ENT>
                            <ENT>4700 50th Avenue S, Seattle, WA 98118-1838.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">North City Food Mart</ENT>
                            <ENT>18005 15th Avenue NE, Shoreline, WA 98155-3813.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Occidental Concert Series</ENT>
                            <ENT>117 S Washington Street, Seattle, WA 98104-2521.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OK GAS AND SMOKE</ENT>
                            <ENT>2102 Broadway, Everett, WA 98201-2320.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OLYMPIC SCIENTIFIC</ENT>
                            <ENT>4246 24th Avenue W, Seattle, WA 98199-1216.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ONE TIME SPECIAL EVENTS</ENT>
                            <ENT>Unknown, Seattle, WA 98105.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Optic Events</ENT>
                            <ENT>36005 SE Ridge Street, Snoqualmie, WA 98065-9745.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pete's Market</ENT>
                            <ENT>58 E Lynn Street, Seattle, WA 98102-3421.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pike Place Market Foundation</ENT>
                            <ENT>Dock Pick-Up, Mukilteo, WA 98275.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PLATEAU SHELL</ENT>
                            <ENT>22631 NE Inglewood Hill Road, Sammamish, WA 98074-7105.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Port Ludlow Village Market</ENT>
                            <ENT>40 Village Way, Port Ludlow, WA 98365-9762.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PORT OF EVERETT</ENT>
                            <ENT>1205 Craftsman Way, Suite 200, Everett, WA 98201-1593.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PORT OF KINGSTON</ENT>
                            <ENT>25864 Washington Boulevard NE, Kingston, WA 98346.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PREMIER PETROLEUM LLC</ENT>
                            <ENT>4580 Fauntleroy Way SW, Seattle, WA 98126-2740.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Propeller Aero Services</ENT>
                            <ENT>9724 Wilcoxson Way, Everett, WA 98204.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">QUILCENE VILLAGE STORE</ENT>
                            <ENT>294235 US Highway 101, Quilcene, WA 98376-9766.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RAINBOW MARKET (ECHO GROCERY)</ENT>
                            <ENT>21825 Echo Lake Road, Snohomish, WA 98296-3959.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RED CUP</ENT>
                            <ENT>8731 Maltby Road, Snohomish, WA 98296-7926.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">River Road Food Mart</ENT>
                            <ENT>1720 River Road, Puyallup, WA 98371-3879.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ROSE HILL CAR WASH</ENT>
                            <ENT>12520 NE 85th Street, Kirkland, WA 98033-8047.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Ross Park Convenience Store</ENT>
                            <ENT>4404 3rd Avenue NW, Seattle, WA 98107-4402.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ROTARY GROCERY</ENT>
                            <ENT>1503 B Pike Place, Seattle, WA 98101-1526.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ROXBURY 76</ENT>
                            <ENT>2851 SW Roxbury Street, Seattle, WA 98126-4148.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S QUICK STOP</ENT>
                            <ENT>603 112th Street S, Tacoma, WA 98444-5625.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SCHWARTZ BROTHERS BAKERY—REN</ENT>
                            <ENT>1010 SW 34th Street, Renton, WA 98057-4813.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Seacompression 2024—Ignition NW</ENT>
                            <ENT>305 Harrison Street, Seattle, WA 98109-4623.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SEAFAIR, INC.</ENT>
                            <ENT>2200 6th Avenue, Suite 400, Seattle, WA 98121-1850.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SEAHAWKS TRAINING CAMP</ENT>
                            <ENT>Lake Washington Boulevard, Renton, WA 98056.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SEATTLE EVENT SOLUTIONS</ENT>
                            <ENT>6046 W Lake Sammamish Parkway NE, Redmond, WA 98052-4801.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Seattle Pridefest</ENT>
                            <ENT>1122 E Pike Street, Seattle, WA 98122-3916.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SEATTLE SUPER MARKET</ENT>
                            <ENT>4801 Beacon Avenue S, Seattle, WA 98108-1502.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Sedgwick One stop</ENT>
                            <ENT>1701 SE Sedgwick Road, Port Orchard, WA 98366-9598.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SHAW ROAD FOOD MART</ENT>
                            <ENT>12714 122nd Street E, Puyallup, WA 98374-2343.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Shoreline Shell</ENT>
                            <ENT>17505 Aurora Avenue N, Shoreline, WA 98133-4812.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Snohomish Block Party</ENT>
                            <ENT>105 Cedar Avenue, Snohomish, WA 98290-2930.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">South Hill Pitstop Express</ENT>
                            <ENT>801 S Hill Park Drive, Puyallup, WA 98373-1432.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">St Demetrios Orthodox Church</ENT>
                            <ENT>2100 Boyer Avenue E, Seattle, WA 98112-2115.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Stop by Corner</ENT>
                            <ENT>14857 Tukwila International Boulevard, Tukwila, WA 98168-4328.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUNSET BEACH GROCERY &amp; DELI</ENT>
                            <ENT>17151 E Highway 106, Belfair, WA 98528.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUPER 24 FOODS STORE</ENT>
                            <ENT>6402 Lake Washington Boulevard NE, Kirkland, WA 98033-6818.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUPER 24 GROCERY #2</ENT>
                            <ENT>11852 98th Avenue NE, Kirkland, WA 98034-4214.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Tacoma Arts Live</ENT>
                            <ENT>6320 Grandview Drive W, University Place, WA 98467-1060.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">The Crocodile</ENT>
                            <ENT>1951 Alaskan Way, Seattle, WA 98101.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Third Stone—Bumberhoot</ENT>
                            <ENT>305 Harrison Street, Seattle, WA 98109.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TIKI CAR WASH/CHEVRON</ENT>
                            <ENT>11909 NE 8th Street, Bellevue, WA 98005-3023.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TONGASS TRADING COMPANY</ENT>
                            <ENT>9228 10th Avenue S, Seattle, WA 98108-4654.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TURBO ESPRESSO</ENT>
                            <ENT>1233 164th Street SW, Lynnwood, WA 98087-8193.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Union Pride</ENT>
                            <ENT>1009 E Union Street, Suite C, Seattle, WA 98122-3824.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">UNIVERSITY OF WA ICA FOOTBALL</ENT>
                            <ENT>3800 Montlake Boulevard, Seattle, WA 98195-0007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">UW Bothell Campus</ENT>
                            <ENT>10105 Main Street, Bothell, WA 98011-3425.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Valley Gas &amp; Car Wash</ENT>
                            <ENT>204 Valley Avenue NE, Puyallup, WA 98372-2501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Van Gogh Coffeehouse</ENT>
                            <ENT>8210 35th Avenue NE, Seattle, WA 98115-4817.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Violet Visionaries—Blast Fest</ENT>
                            <ENT>305 Harrison Street, Seattle, WA 98109-4623.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Wallingford Wurst Fest</ENT>
                            <ENT>4811 Wallingford Ave N, Seattle, WA 98103-6835.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Walsh Group</ENT>
                            <ENT>3590 E Mercer Way, Mercer Island, WA 98040.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7671"/>
                            <ENT I="01">WALT'S LYNNWOOD CTR MARKET</ENT>
                            <ENT>4759 Lynwood Center Rd NE, Bainbridge Island, WA 981103242.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WEST LAKE DELI/DELI EXPRESSO</ENT>
                            <ENT>2132 Westlake Ave N, Seattle, WA 981092404.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WESTGATE SHELL MINI MART</ENT>
                            <ENT>660 Edmonds Way, Edmonds, WA 98020-4690.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">YARROW BAY MARINA</ENT>
                            <ENT>5207 Lake Washington Boulevard NE, Kirkland, WA 98033-7321.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Yogi Resources</ENT>
                            <ENT>3922 148th Street SE, Suite 110, Bothell, WA 98012-4752.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ZIP MARKET/TEXACO</ENT>
                            <ENT>10645 16th Avenue SW, Seattle, WA 98146-2077.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #186</ENT>
                            <ENT>8196 Sr 104, Kingston, WA 98346.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #419</ENT>
                            <ENT>370 SW Sedgwick Road, Port Orchard, WA 98367-6432.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #453</ENT>
                            <ENT>4621 NE Sunset Boulevard, Renton, WA 98059-4005.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #471</ENT>
                            <ENT>301 Marysville Mall #60, Marysville, WA 98270-5502.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #475</ENT>
                            <ENT>1434 Olney Avenue SE, Port Orchard, WA 98366-4041.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #493</ENT>
                            <ENT>104 Military Road S, Tacoma, WA 98444-6927.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #1407</ENT>
                            <ENT>705 Trosper Road SW, Tumwater, WA 98512-6933.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #1444</ENT>
                            <ENT>15100 SE 38th Street, Bellevue, WA 98006-1728.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #1461</ENT>
                            <ENT>520 128th Street SW, Everett, WA 98204-9362.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #3106</ENT>
                            <ENT>11012 Canyon Road E, Puyallup, WA 98373-4200.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #3411</ENT>
                            <ENT>8611 Steilacoom Boulevard SW, Tacoma, WA 98498-4716.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #3416</ENT>
                            <ENT>17171 Bothell Way NE, Lake Forest Park, WA 98155-4204.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #3418</ENT>
                            <ENT>3925 236th Avenue NE, Redmond, WA 98053-8455.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #3419</ENT>
                            <ENT>17520 State Route 9 SE, Snohomish, WA 98296-8320.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #4406</ENT>
                            <ENT>11330 51st Avenue NW, Gig Harbor, WA 98332-7890.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS LLC A SUB. (WHSE)</ENT>
                            <ENT>3647 C Street SW, Auburn, WA 98047-3600.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #0219</ENT>
                            <ENT>3900 S Othello Street, Seattle, WA 98118-3543.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #366</ENT>
                            <ENT>2725 NE Sunset Boulevard, Renton, WA 98056-3137.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #402</ENT>
                            <ENT>1450 SW Erie Street, Oak Harbor, WA 98277-3104.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #0423</ENT>
                            <ENT>7340 35th Avenue NE, Seattle, WA 98115-5919.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #458</ENT>
                            <ENT>16304 Bothell Everett Highway, Mill Creek, WA 98012-1226.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #459</ENT>
                            <ENT>20830 108th Avenue SE, Kent, WA 98031-2168.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #464</ENT>
                            <ENT>17246 Redmond Way, Redmond, WA 98052-4403.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #469</ENT>
                            <ENT>12811 Beverly Park Road, Lynnwood, WA 98087-5126.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #485</ENT>
                            <ENT>19500 Highway 99, Lynnwood, WA 98036-5241.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #490</ENT>
                            <ENT>1645 140th Avenue NE, Bellevue, WA 98005-2320.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #494</ENT>
                            <ENT>152 Roosevelt Avenue, Enumclaw, WA 98022-8246.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #496</ENT>
                            <ENT>15000 NE 24th Street, Redmond, WA 98052-5531.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #497 PBM</ENT>
                            <ENT>17202 15th Avenue NE, Shoreline, WA 98155-5130.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #503</ENT>
                            <ENT>11031 19th Avenue SE, Everett, WA 98208-5144.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #519</ENT>
                            <ENT>17230 140th Avenue SE, Renton, WA 98058-7014.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #526</ENT>
                            <ENT>14444 124th Avenue NE, Kirkland, WA 98034-4801.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #531</ENT>
                            <ENT>101 Auburn Way S, Auburn, WA 98002-5425.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #533</ENT>
                            <ENT>19150 NE Woodinville Duvall Road, Woodinville, WA 98077-9477.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #534</ENT>
                            <ENT>3532 172nd Street NE, Arlington, WA 98223-8758.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #535</ENT>
                            <ENT>20711 Bothell Everett Highway, Bothell, WA 98012-7139.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #538</ENT>
                            <ENT>442 W Sims Way, Port Townsend, WA 98368-1811.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #543</ENT>
                            <ENT>4700 Yelm Highway SE, Lacey, WA 98503-4986.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #544</ENT>
                            <ENT>21301 Highway 410, Bonney Lake, WA 98391.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #547</ENT>
                            <ENT>10105 224th Street E, Graham, WA 98338-9190.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #555</ENT>
                            <ENT>630 228th Avenue NE, Sammamish, WA 98074-7241.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #585</ENT>
                            <ENT>600 W Franklin Street, Shelton, WA 98584-3519.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #792</ENT>
                            <ENT>17023 SE 272nd Street, Covington, WA 98042-4948.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1062</ENT>
                            <ENT>4754 42nd Avenue SW, Seattle, WA 98116-4553.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1076</ENT>
                            <ENT>1119 13th Street, Snohomish, WA 98290-2012.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1142 PBM</ENT>
                            <ENT>12519 NE 85th Street, Kirkland, WA 98033-8048.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1143</ENT>
                            <ENT>8340 15th Avenue NW, Seattle, WA 98117-3603.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1173</ENT>
                            <ENT>1243 Marvin Road NE, Lacey, WA 98516-4701.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1186</ENT>
                            <ENT>27035 Pacific Highway S, Des Moines, WA 98198-9250.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1294</ENT>
                            <ENT>210 Washington Avenue S, Kent, WA 98032-5721.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1297</ENT>
                            <ENT>23632 Highway 99, Edmonds, WA 98026-9211.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1436</ENT>
                            <ENT>1624 72nd Street E, Tacoma, WA 98404-5401.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1448</ENT>
                            <ENT>680 W Washington Street, Building F, Sequim, WA 98382-3264.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1464</ENT>
                            <ENT>3215 Harrison Avenue NW, Olympia, WA 98502-8704.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1467</ENT>
                            <ENT>900 N Callow Avenue, Bremerton, WA 98312-3807.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1471</ENT>
                            <ENT>26916 Maple Valley Road, Maple Valley, WA 98038.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1477</ENT>
                            <ENT>1423 NW Market Street, Seattle, WA 98107-3744.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1484</ENT>
                            <ENT>4128 Rucker Avenue, Everett, WA 98203-2211.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1485</ENT>
                            <ENT>1258 State Avenue, Marysville, WA 98270-3602.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1492</ENT>
                            <ENT>110 E 3rd Street, Port Angeles, WA 98362-3010.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1493</ENT>
                            <ENT>4011 S 164th Street, Seatac, WA 98188-3067.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1503</ENT>
                            <ENT>500 Cleveland Avenue SE, Tumwater, WA 98501-3313.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1508</ENT>
                            <ENT>3820 Rainier Avenue S, Seattle, WA 98118-1159.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1522</ENT>
                            <ENT>20500 Olympic Place NE, Arlington, WA 98223-5094.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1524</ENT>
                            <ENT>1401 NE McWilliams Road, Bremerton, WA 98311-3149.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1528</ENT>
                            <ENT>460 SW Mt Si Boulevard, North Bend, WA 98045-8291.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7672"/>
                            <ENT I="01">SAFEWAY #1546</ENT>
                            <ENT>221 W Heron Street, Aberdeen, WA 98520-6224.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1551</ENT>
                            <ENT>1410 E John Street, Seattle, WA 98112-5218.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1563</ENT>
                            <ENT>200 S 3rd, Renton, WA 98057.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1586</ENT>
                            <ENT>12318 15th Avenue NE, Seattle, WA 98125-4820.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1600</ENT>
                            <ENT>300 Bellevue Way NE, Bellevue, WA 98004-5718.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1619</ENT>
                            <ENT>1109 E Yelm Avenue, Yelm, WA 98597-7683.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1624</ENT>
                            <ENT>735 NW Gilman Boulevard, Issaquah, WA 98027-8104.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1645</ENT>
                            <ENT>10223 Gravelly Lake Drive SW, Lakewood, WA 98499-5004.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1664</ENT>
                            <ENT>138 SW 148th Street, Burien, WA 98166-1924.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1680</ENT>
                            <ENT>2890 NW Bucklin Hill Road, Silverdale, WA 98383-8513.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1803</ENT>
                            <ENT>717 State Route 9 NE, Lake Stevens, WA 98258-7992.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1803—FUEL</ENT>
                            <ENT>9409 N Davies Road, Lake Stevens, WA 98258-9444.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1844</ENT>
                            <ENT>215 Whitesell Street NW, Orting, WA 98360-9329.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1864</ENT>
                            <ENT>24040 Bothell Everett Highway, Bothell, WA 98021-9342.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1922</ENT>
                            <ENT>2709 E Highway 101, Port Angeles, WA 98362-8767.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1923</ENT>
                            <ENT>9620 28th Avenue SW, Seattle, WA 98126-4102.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1965</ENT>
                            <ENT>9262 Rainier Avenue S, Seattle, WA 98118-5570.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1966</ENT>
                            <ENT>13101 SE Kent Kangley Road, Kent, WA 98030-7915.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1993</ENT>
                            <ENT>2201 E Madison Street, Seattle, WA 98112-5336.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #2640</ENT>
                            <ENT>13308 Meridian E, Puyallup, WA 98373-5612.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #2645</ENT>
                            <ENT>5802 134th Place SE, Everett, WA 98208-9426.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #2734</ENT>
                            <ENT>10020 NE 137th Street, Kirkland, WA 98034-5221.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #2932 FC</ENT>
                            <ENT>4115 SW Admiral Way, Seattle, WA 98116-2517.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #2980</ENT>
                            <ENT>4732 Brooklyn Avenue NE, Seattle, WA 98105-4411.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3006</ENT>
                            <ENT>1451 Highlands Drive NE, Issaquah, WA 98029-6240.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3228</ENT>
                            <ENT>5616 176th Street E, Puyallup, WA 98375-9309.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3228—FUEL</ENT>
                            <ENT>5618 176th Street E, Puyallup, WA 98375-9779.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3285</ENT>
                            <ENT>1275 E Sunset Drive, Bellingham, WA 98226-3506.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3305</ENT>
                            <ENT>15805 Pacific Avenue S, Tacoma, WA 98444-6904.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3317</ENT>
                            <ENT>3355 Bethel Road SE, Port Orchard, WA 98366-5635.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3319</ENT>
                            <ENT>4300 NE 4th Street, Renton, WA 98059-5008.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3321</ENT>
                            <ENT>4831 Point Fosdick Drive NW, Gig Harbor, WA 98335-1732.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3500 PBM</ENT>
                            <ENT>6850 NE Bothell Way, Kenmore, WA 98028-2404.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3523</ENT>
                            <ENT>14826 Highway 99, Lynnwood, WA 98087-2322.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3525</ENT>
                            <ENT>1100 S Market Boulevard, Chehalis, WA 98532-3428.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3540</ENT>
                            <ENT>21401 International Boulevard, Des Moines, WA 98198-6074.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3120</ENT>
                            <ENT>12725 1st Avenue S, Burien, WA 98168-2683.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3298</ENT>
                            <ENT>7601 Evergreen Way, Everett, WA 98203-6424.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ARAMARK—UNIV WA HUSKY STADIUM</ENT>
                            <ENT>3800 Montlake Boulevard, Seattle, WA 98195-0007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AM/PM #5230—KIRKLAND</ENT>
                            <ENT>11600 124th Avenue NE, Kirkland, WA 98034-8104.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AM/PM #5445—SEATTLE</ENT>
                            <ENT>665 23rd Avenue, Seattle, WA 98122-6000.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COSTCO #6</ENT>
                            <ENT>400 Costco Drive, Suite 150, Tukwila, WA 98188-4808.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COSTCO #114</ENT>
                            <ENT>10200 19th Avenue SE, Everett, WA 98208-4256.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COSTCO #639</ENT>
                            <ENT>955 W Washington Street, Sequim, WA 98382-3266.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COSTCO #1190</ENT>
                            <ENT>18109 33rd Avenue W, Lynnwood, WA 98037-4840.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COSTCO #1588</ENT>
                            <ENT>9210 24th Street SE, Lake Stevens, WA 98258-8703.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Levy Restaurants—Century Link</ENT>
                            <ENT>800 Occidental Avenue S, Seattle, WA 98134-1200.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Circle K #2655214</ENT>
                            <ENT>3727 Factoria Boulevard SE, Bellevue, WA 98006-6131.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Circle K #2709660</ENT>
                            <ENT>220 Lincoln Street, Hoquiam, WA 98550-1850.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CENTERPLATE</ENT>
                            <ENT>1250 1st Avenue S, Seattle, WA 98134-1216.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CENTERPLATE@SAFECO FIELD</ENT>
                            <ENT>First Ave S&amp;S Atlantic Street, Seattle, WA 98134.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DoorDash—SEA-1</ENT>
                            <ENT>2235 5th Avenue, Seattle, WA 98121-1807.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DoorDash—BLV-1</ENT>
                            <ENT>1015 Andover Park E, Tukwila, WA 98188-7615.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Delta Airlines SEA</ENT>
                            <ENT>18627 28th Avenue S, Seatac, WA 98158-1302.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Extra Mile #380309</ENT>
                            <ENT>27121 Military Road S, Kent, WA 98032-7007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FELD ENTERTAINMENT</ENT>
                            <ENT>800 Occidental Avenue S, Seattle, WA 98134-1200.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #94</ENT>
                            <ENT>1301 26th Avenue E, Tacoma, WA 98424-1012.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Grocery Outlet #354</ENT>
                            <ENT>6625 132nd Avenue NE, Kirkland, WA 98033-8627.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MONSTER ENERGY SHURGARD STORA</ENT>
                            <ENT>3270 B Street NW, Suite C, Auburn, WA 98001-1706.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Mission Foods (Gruma USA)</ENT>
                            <ENT>6611 Valley Avenue E, Fife, WA 98424-2250.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NEX Bremerton MM Jackson</ENT>
                            <ENT>5885 Chinook Pass Street, Bremerton, WA 98312-1975.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #583</ENT>
                            <ENT>5670 Barrett Road, Ferndale, WA 98248-8845.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #1103</ENT>
                            <ENT>2430 State Route 530 NE, Arlington, WA 98223-9020.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5180</ENT>
                            <ENT>19107 Bothell Way NE, Bothell, WA 98011-2938.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5197</ENT>
                            <ENT>3023 78th Avenue SE, Mercer Island, WA 98040-2822.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5216</ENT>
                            <ENT>8500 35th Avenue NE, Seattle, WA 98115-3606.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5217</ENT>
                            <ENT>9000 Rainier Avenue S, Seattle, WA 98118-5017.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #6462</ENT>
                            <ENT>27000 Miller Bay Road NE, Kingston, WA 98346-9371.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23020</ENT>
                            <ENT>1522 E Madison Street, Seattle, WA 98122-4014.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23228</ENT>
                            <ENT>31006 Pacific Highway S, Federal Way, WA 98003-4983.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38727</ENT>
                            <ENT>9902 200th Avenue E., Bonney Lake, WA 98391.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38862</ENT>
                            <ENT>100 Ellingson Road, Pacific, WA 98047.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7673"/>
                            <ENT I="01">7-11 #41705</ENT>
                            <ENT>8901 Bridgeport Way SW, Lakewood, WA 98499-2431.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #42046</ENT>
                            <ENT>1501 Auburn Way N, Auburn, WA 98002-3307.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #42048</ENT>
                            <ENT>34727 Pacific Highway S, Federal Way, WA 98003.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #42243</ENT>
                            <ENT>19011 141st Street Ct E, Bonner Lake, WA 98391.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14396</ENT>
                            <ENT>7215 Sand Point Way NE, Seattle, WA 98115-6323.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14436</ENT>
                            <ENT>4312 SW Admiral Way, Seattle, WA 98116-2423.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14438</ENT>
                            <ENT>11065 8th Avenue S, Seattle, WA 98168-1507.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14441</ENT>
                            <ENT>11505 SE 168th Street, Renton, WA 98055-5931.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18726</ENT>
                            <ENT>21202 52nd Avenue W, Mountlake Terrace, WA 98043-3055.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #19614</ENT>
                            <ENT>12701 Meridian E, Puyallup, WA 98373-3411.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #20471</ENT>
                            <ENT>13456 1st Avenue S, Burien, WA 98168-2625.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #21833</ENT>
                            <ENT>13923 NE 175th Street, Woodinville, WA 98072-8512.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22561</ENT>
                            <ENT>3280 SW Avalon Way, Seattle, WA 98126-2607.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22671</ENT>
                            <ENT>711 Washington Avenue N, Kent, WA 98032-2917.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22984</ENT>
                            <ENT>3702 Auburn Way N, Auburn, WA 98002-1320.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23109</ENT>
                            <ENT>362 Denny Way, Seattle, WA 98109-4912.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23176</ENT>
                            <ENT>12704 Mukilteo Speedway, Mukilteo, WA 98275-5720.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23258</ENT>
                            <ENT>8400 Mukilteo Speedway, Mukilteo, WA 98275-3206.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23378</ENT>
                            <ENT>20801 Highway 527, Bothell, WA 98012.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23525</ENT>
                            <ENT>12848 Martin Luther King Jr. Way S, Seattle, WA 98178-3512.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23559</ENT>
                            <ENT>2353 140th Avenue NE, Bellevue, WA 98005-1861.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23930</ENT>
                            <ENT>14501 Juanita Woodinville Way NE, Bothell, WA 98011-4877.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23931 MKT #2360</ENT>
                            <ENT>11657 Des Moines Memorial Drive S, Burien, WA 98168-1227.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23938</ENT>
                            <ENT>4026 A Street SE, Auburn, WA 98002-8642.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #25125</ENT>
                            <ENT>3500 Wheaton Way, Bremerton, WA 98310-3531.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26055</ENT>
                            <ENT>300 N 125th Street, Seattle, WA 98133-8124.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26153</ENT>
                            <ENT>817 Meridian E, Milton, WA 98354-7013.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26268</ENT>
                            <ENT>28719 Military Road S, Federal Way, WA 98003-3332.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26544</ENT>
                            <ENT>304 N 36th Street, Seattle, WA 98103-8632.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26818</ENT>
                            <ENT>19023 International Boulevard, Seatac, WA 98188-5207.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26857</ENT>
                            <ENT>3115 6th Avenue, Tacoma, WA 98406-6216.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26939</ENT>
                            <ENT>2429 Harbor Avenue SW, Seattle, WA 98126-2133.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27030</ENT>
                            <ENT>680 Strander Boulevard, Tukwila, WA 98188-2923.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27283</ENT>
                            <ENT>820 S Kent Des Moines Road, Des Moines, WA 98198-8101.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27288</ENT>
                            <ENT>6815 196th Street SW, Lynnwood, WA 98036-5074.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27304</ENT>
                            <ENT>13335 100th Avenue NE, Kirkland, WA 98034-5203.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27742</ENT>
                            <ENT>20008 International Boulevard, Seatac, WA 98198-5701.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27901</ENT>
                            <ENT>2100 N Northgate Way, Seattle, WA 98133-9017.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #29078</ENT>
                            <ENT>101 NE 50th Street, Seattle, WA 98105-4823.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #29989</ENT>
                            <ENT>15202 Meridian E, Puyallup, WA 98375-9511.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #32308</ENT>
                            <ENT>1901 S Trafton Street, Tacoma, WA 98405-2823.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #33166</ENT>
                            <ENT>711 112th Street SE, Everett, WA 98208-5283.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34144</ENT>
                            <ENT>18012 68th Avenue S, Kent, WA 98032-1020.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34475</ENT>
                            <ENT>9200 35th Avenue SW, Seattle, WA 98126-3823.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34587</ENT>
                            <ENT>5006 Center Street, Tacoma, WA 98409-2314.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34690</ENT>
                            <ENT>9671 Silverdale Way NW, Silverdale, WA 98383-9443.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35011</ENT>
                            <ENT>2631 S 38th Street, Tacoma, WA 98409-7355.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35274</ENT>
                            <ENT>3922 E Portland Avenue, Tacoma, WA 98404-4621.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35333</ENT>
                            <ENT>1602 A Street SE, Auburn, WA 98002-6620.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14354</ENT>
                            <ENT>16506 5th Avenue NE, Shoreline, WA 98155-5002.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14355</ENT>
                            <ENT>9126 Roosevelt Way NE, Seattle, WA 98115-2840.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14360</ENT>
                            <ENT>3200 NW 54th Street, Seattle, WA 98107-3308.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14392</ENT>
                            <ENT>9 Nickerson Street, Seattle, WA 98109-1619.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14402</ENT>
                            <ENT>8316 164th Avenue NE, Redmond, WA 98052-3803.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14418</ENT>
                            <ENT>15521 Bellevue Redmond Road, Bellevue, WA 98007.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14439</ENT>
                            <ENT>34041 Military Road S, Auburn, WA 98001-9733.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14443</ENT>
                            <ENT>14462 34th Avenue S, Tukwila, WA 98168-4302.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14463</ENT>
                            <ENT>9041 Delridge Way SW, Seattle, WA 98106-2335.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14470</ENT>
                            <ENT>1600 SW Holden Street, Seattle, WA 98106-1879.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14481</ENT>
                            <ENT>1539 21st Street SE, Auburn, WA 98002-7869.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #15525</ENT>
                            <ENT>3120 S 176th Street, Seatac, WA 98188-4006.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #15755</ENT>
                            <ENT>1901 Larch Way, Lynnwood, WA 98036-7922.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #15970</ENT>
                            <ENT>17410 Pacific Avenue S, Spanaway, WA 98387-8263.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16022</ENT>
                            <ENT>5900 Phinney Avenue N, Seattle, WA 98103-5834.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16080</ENT>
                            <ENT>21109 76th Ave W, Edmonds, WA 980267107.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16318</ENT>
                            <ENT>13723 Pacific Ave S, Tacoma, WA 984444745.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16365</ENT>
                            <ENT>6111 24th Avenue NW, Seattle, WA 98107-3211.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16547</ENT>
                            <ENT>4812 Erskine Way SW, Seattle, WA 98116-4425.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16686</ENT>
                            <ENT>9117 South Tacoma Way, Lakewood, WA 98499-4443.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #16991</ENT>
                            <ENT>18733 Highway 99, Lynnwood, WA 98037-4510.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #17257</ENT>
                            <ENT>1232 N 185th Street, Shoreline, WA 98133-4020.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #17355</ENT>
                            <ENT>15 148th Avenue NE, Bellevue, WA 98007-4942.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7674"/>
                            <ENT I="01">7-11 #17486</ENT>
                            <ENT>12702 Renton Avenue S, Seattle, WA 98178-4850.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #17509</ENT>
                            <ENT>9450 Pacific Avenue, Tacoma, WA 98444-6240.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18194</ENT>
                            <ENT>5605 S Birmingham Street, Tacoma, WA 98409-5307.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18490</ENT>
                            <ENT>605 91st Avenue NE, Lake Stevens, WA 98258-2533.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18585</ENT>
                            <ENT>9517 S Steele Street, Tacoma, WA 98444-1858.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #18758</ENT>
                            <ENT>26007 Pacific Highway S, Des Moines, WA 98198-9245.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #19042</ENT>
                            <ENT>7314 Aurora Avenue N, Seattle, WA 98103-5357.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #19324</ENT>
                            <ENT>802 6th Street, Bremerton, WA 98337-1441.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #19911</ENT>
                            <ENT>14340 124th Avenue NE, Kirkland, WA 98034-1414.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #20188</ENT>
                            <ENT>13131 SE 240th Street, Kent, WA 98031-5021.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #20249</ENT>
                            <ENT>1302 8th Street NE, Auburn, WA 98002-4556.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #20872</ENT>
                            <ENT>19825 Mountain Highway E, Spanaway, WA 98387-8412.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #21464</ENT>
                            <ENT>1215 2nd Street, Snohomish, WA 98290-2738.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22433</ENT>
                            <ENT>1002 S 38th Street, Tacoma, WA 98418-5029.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #22866</ENT>
                            <ENT>14207 Tukwila International Boulevard, Tukwila, WA 98168-4124.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23895</ENT>
                            <ENT>12355 15th Avenue NE, Seattle, WA 98125-4819.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #24410</ENT>
                            <ENT>404 Sunset Boulevard N, Renton, WA 98057-5512.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #25303</ENT>
                            <ENT>511 Central Avenue S, Kent, WA 98032-5903.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #25525</ENT>
                            <ENT>1550 NW Market Street, Seattle, WA 98107-5211.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #26198</ENT>
                            <ENT>10814 Pacific Highway SW, Lakewood, WA 98499-4640.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #32658</ENT>
                            <ENT>1200 SW 43rd Street, Renton, WA 98057-4829.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #34636</ENT>
                            <ENT>4020 NE 4th Street, Renton, WA 98056-4114.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35012</ENT>
                            <ENT>2632 South Tacoma Way, Tacoma, WA 98409-7526.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35056</ENT>
                            <ENT>17615 108th Avenue SE, Renton, WA 98055-6400.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35334</ENT>
                            <ENT>31207 124th Avenue SE, Auburn, WA 98092-3618.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35512</ENT>
                            <ENT>5602 McKinley Avenue, Tacoma, WA 98404-2326.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #35614</ENT>
                            <ENT>5221 100th Street SW, Lakewood, WA 98499-3907.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #37009</ENT>
                            <ENT>1430 E 72nd Street, Tacoma, WA 98404-5915.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #37068</ENT>
                            <ENT>810 3rd Avenue, Suite 820, Seattle, WA 98104-1655.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #37134</ENT>
                            <ENT>5700 Martin Luther King Jr. Way S, Seattle, WA 98118-2622.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #37558</ENT>
                            <ENT>100 Bellevue Way SE, Bellevue, WA 98004-6228.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38454</ENT>
                            <ENT>5110 6th Avenue, Tacoma, WA 98406-2602.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38597</ENT>
                            <ENT>22422 83rd Avenue S, Kent, WA 98032-1989.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38640</ENT>
                            <ENT>2412 136th Avenue Ct E, Sumner, WA 98390-9100.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38700</ENT>
                            <ENT>12400 SE 312th Street, Auburn, WA 98092-3147.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38701</ENT>
                            <ENT>8306 Tacoma Mall Boulevard, Lakewood, WA 98499-8416.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #38807</ENT>
                            <ENT>20727 108th Avenue SE, Kent, WA 98031-1535.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #39637</ENT>
                            <ENT>18010 E Valley Highway, Kent, WA 98032-2502.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #39638</ENT>
                            <ENT>300 Rainier Avenue S, Renton, WA 98057-2403.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #39835</ENT>
                            <ENT>26220 116th Avenue SE, Kent, WA 98030-8663.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #39836</ENT>
                            <ENT>31980 Military Road S, Auburn, WA 98001-3120.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #41103</ENT>
                            <ENT>7016 Valley Avenue E, Fife, WA 98424.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S Petroleum</ENT>
                            <ENT>765 Rainier Avenue S, Renton, WA 98057-3204.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S Petroleum Inc.</ENT>
                            <ENT>303 SW 148th Street, Burien, WA 98166-1927.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62513</ENT>
                            <ENT>390 SW Sedgewick Road, Port Orchard, WA 98367.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62515</ENT>
                            <ENT>12739 1st Avenue S, Burien, WA 98168-2683.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">S&amp;S PETROLEUM TESORO #62516</ENT>
                            <ENT>8184 NE State Highway 104, Kingston, WA 98346-9471.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">UNFI—CENTRALIA DIV</ENT>
                            <ENT>4002 Galvin Road, Centralia, WA 98531-9057.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Southwest Airlines SEA</ENT>
                            <ENT>16215 Air Cargo Road, Seatac, WA 98158-1301.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #337</ENT>
                            <ENT>405 SE Everett Mall Way, Everett, WA 98208-3243.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #348</ENT>
                            <ENT>30 Bellis Fair Parkway, Bellingham, WA 98226-5573.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #627</ENT>
                            <ENT>301 Strander Boulevard, Tukwila, WA 98188-2971.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #637</ENT>
                            <ENT>2800 SW Barton Street, Seattle, WA 98126-3975.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #681</ENT>
                            <ENT>26301 104th Avenue SE, Kent, WA 98030-7649.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #696</ENT>
                            <ENT>199 Cascade Mall Drive, Burlington, WA 98233-3251.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #995</ENT>
                            <ENT>17700 NE 76th Street, Redmond, WA 98052-3300.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #996</ENT>
                            <ENT>755 NW Gilman Boulevard, Issaquah, WA 98027-5357.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1118</ENT>
                            <ENT>13950 NE 178th Place, Woodinville, WA 98072-3523.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1284</ENT>
                            <ENT>302 NE Northgate Way, Seattle, WA 98125-6047.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1331</ENT>
                            <ENT>9601 Market Place, Lake Stevens, WA 98258-7949.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #1957</ENT>
                            <ENT>9400 192 Avenue Bonnie Lake, Sumner, WA 98391.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2136</ENT>
                            <ENT>1302 156th Street E, Puyallup, WA 98374.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2192</ENT>
                            <ENT>16818 Twin Lakes Avenue, Marysville, WA 98271-4724.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2290</ENT>
                            <ENT>1215 N Landing Way, Renton, WA 98057-5521.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2786</ENT>
                            <ENT>1401 2nd Avenue, Seattle, WA 98101-2187.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #3275</ENT>
                            <ENT>272 116th Avenue NE, Bellevue, WA 98004-5213.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1407</ENT>
                            <ENT>32095 Pacific Highway S, Federal Way, WA 98003-6001.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1409</ENT>
                            <ENT>525 NE Northgate Way, Suite 5, Seattle, WA 98125-6198.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1411</ENT>
                            <ENT>1550 W Armory Way, Seattle, WA 98119-2744.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE &amp; MORE #1412</ENT>
                            <ENT>11066 Pac Crest Place NW, Suite A110, Silverdale, WA 98383.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE #1401</ENT>
                            <ENT>699 120th Avenue NE, Bellevue, WA 98005-3009.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE #1402</ENT>
                            <ENT>300 Andover Park W, Suite 500, Tukwila, WA 98188-3344.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7675"/>
                            <ENT I="01">TOTAL WINE #1405</ENT>
                            <ENT>2701 184th Street SW, Lynnwood, WA 98037-4739.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE #1410</ENT>
                            <ENT>120 31st Avenue SE, Puyallup, WA 98374-1203.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TOTAL WINE #1414</ENT>
                            <ENT>2501 SW Trenton Street, Seattle, WA 98106-3206.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">US FOODS</ENT>
                            <ENT>2204 70th Avenue E, Fife, WA 98424-3612.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3514</ENT>
                            <ENT>9505 Bridgeport Way SW, Lakewood, WA 98499-2801.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3518</ENT>
                            <ENT>25605 104th Avenue SE, Kent, WA 98030-7609.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3519</ENT>
                            <ENT>4315 6th Avenue, Tacoma, WA 98406-4014.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3581</ENT>
                            <ENT>8405 Pacific Avenue, Tacoma, WA 98444-6466.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3604</ENT>
                            <ENT>5409 15th Avenue NW, Seattle, WA 98107-3810.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3723</ENT>
                            <ENT>7451 Cirque Drive W, University Place, WA 98467-2273.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3733</ENT>
                            <ENT>7707 SE 27th Street, Mercer Island, WA 98040-2844.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3765</ENT>
                            <ENT>20725 Highway 99, Lynnwood, WA 98036-7454.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #3788</ENT>
                            <ENT>14510 Aurora Avenue N, Shoreline, WA 98133-6525.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #4064</ENT>
                            <ENT>8224 Steilacoom Boulevard SW, Lakewood, WA 98498-6157.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #4156</ENT>
                            <ENT>12405 NE 85th Street, Kirkland, WA 98033-8032.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #4157</ENT>
                            <ENT>859 NE Northgate Way, Seattle, WA 98125-7311.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #4730</ENT>
                            <ENT>13110 Bothell Everett Highway, Everett, WA 98208-7202.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #4760</ENT>
                            <ENT>12105 Pacific Avenue S, Tacoma, WA 98444-5124.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #4898</ENT>
                            <ENT>6330 35th Avenue SW, Seattle, WA 98126-3004.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5150</ENT>
                            <ENT>3737 Pacific Avenue, Tacoma, WA 98418-7827.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5571</ENT>
                            <ENT>1510 Cooper Point Road SW, Olympia, WA 98502-5734.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5697</ENT>
                            <ENT>15225 Pacific Avenue S, Tacoma, WA 98444-4667.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5698</ENT>
                            <ENT>3099 Bethel Road SE, Port Orchard, WA 98366-2432.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5912</ENT>
                            <ENT>3333 Wheaton Way, Bremerton, WA 98310-3449.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5950</ENT>
                            <ENT>4412 Rainier Avenue S, Seattle, WA 98118-1373.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #5951</ENT>
                            <ENT>11509 Canyon Road E, Puyallup, WA 98373-4359.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6083</ENT>
                            <ENT>4540 Lacey Boulevard SE, Lacey, WA 98503-5719.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6102</ENT>
                            <ENT>4404 S Meridian, Puyallup, WA 98373-9500.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6194</ENT>
                            <ENT>222 Pike Street, Seattle, WA 98101-2108.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6258</ENT>
                            <ENT>11607 98th Avenue NE, Kirkland, WA 98034-4216.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6259</ENT>
                            <ENT>9456 16th Avenue SW, Seattle, WA 98106-2824.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6260</ENT>
                            <ENT>729 Meridian Avenue E, Edgewood, WA 98371-1041.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6302</ENT>
                            <ENT>16423 Larch Way, Lynnwood, WA 98037-8108.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6304</ENT>
                            <ENT>27112 132nd Avenue SE, Kent, WA 98042-7228.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6307</ENT>
                            <ENT>10200 Mukilteo Speedway, Mukilteo, WA 98275-4743.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6357</ENT>
                            <ENT>6300 E Lake Sammamish Parkway SE, Issaquah, WA 98029-8935.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6389</ENT>
                            <ENT>8500 15th Avenue NW, Seattle, WA 98117-3665.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6422</ENT>
                            <ENT>9709 Silverdale Way NW, Silverdale, WA 98383-9445.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6423</ENT>
                            <ENT>6432 State Highway 303 NE, Bremerton, WA 98311-3714.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6614</ENT>
                            <ENT>20812 Bothell Everett Highway, Bothell, WA 98021-8404.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6720</ENT>
                            <ENT>16824 Highway 99, Lynnwood, WA 98037-3167.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6814</ENT>
                            <ENT>10302 Sunrise Boulevard E, Puyallup, WA 98374-8833.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6890</ENT>
                            <ENT>500 15th Avenue E, Seattle, WA 98112-4513.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6901</ENT>
                            <ENT>28817 Military Road S, Federal Way, WA 98003-7912.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #6917</ENT>
                            <ENT>8333 Martin Way E, Lacey, WA 98516-5808.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7132</ENT>
                            <ENT>11216 4th Avenue W, Everett, WA 98204-4979.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7136</ENT>
                            <ENT>1350 Garrett Street, Enumclaw, WA 98022-3468.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7137</ENT>
                            <ENT>2650 Bridgeport Way W, University Place, WA 98466-4720.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7173</ENT>
                            <ENT>22320 Meridian Avenue E, Graham, WA 98338-8427.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7355</ENT>
                            <ENT>3011 NE Sunset Boulevard, Renton, WA 98056-3101.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7356</ENT>
                            <ENT>3540 N Pearl Street, Tacoma, WA 98407-2607.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7570</ENT>
                            <ENT>2205 Broadway, Everett, WA 98201-2321.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7700</ENT>
                            <ENT>34008 Hoyt Road SW, Federal Way, WA 98023-3208.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #7908</ENT>
                            <ENT>27130 172nd Avenue SE, Covington, WA 98042-4940.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #9373</ENT>
                            <ENT>17524 Aurora Avenue N, Shoreline, WA 98133-4813.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10304</ENT>
                            <ENT>14308 Meridian E, Puyallup, WA 98373-5613.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10553</ENT>
                            <ENT>15585 NE 24th Street, Bellevue, WA 98007-3836.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10926</ENT>
                            <ENT>490 W Washington Street, Sequim, WA 98382-3342.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #11856</ENT>
                            <ENT>566 Denny Way, Seattle, WA 98109-5012.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12168</ENT>
                            <ENT>3929 Kitsap Way, Bremerton, WA 98312-2451.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12453</ENT>
                            <ENT>702 Trosper Road SW, Tumwater, WA 98512-6934.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12497</ENT>
                            <ENT>4105 NE 4th Street, Renton, WA 98059-5012.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12910</ENT>
                            <ENT>4840 Borgen Boulevard, Gig Harbor, WA 98332-6826.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12933</ENT>
                            <ENT>718 91st Avenue NE, Lake Stevens, WA 98258-2420.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #13770</ENT>
                            <ENT>17520 Avondale Road NE, Woodinville, WA 98077-9100.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #15158</ENT>
                            <ENT>404 State Avenue, Marysville, WA 98270-5030.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #15404</ENT>
                            <ENT>9797 Edmonds Way, Edmonds, WA 98020-5939.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #21452</ENT>
                            <ENT>951 Mercer Street, Seattle, WA 98109-4351.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WinCo #174</ENT>
                            <ENT>1005 S Yew Street, Centralia, WA 98531-1038.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #8 PBS</ENT>
                            <ENT>3947 116th Street NE, Marysville, WA 98271-8419.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #16 PBS</ENT>
                            <ENT>9518 176th Street E, Puyallup, WA 98375-9300.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #43 PBS</ENT>
                            <ENT>160 SW Campus Drive, Federal Way, WA 98023.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7676"/>
                            <ENT I="01">WINCO FOODS #50 PBS</ENT>
                            <ENT>21100 91st Place S, Kent, WA 98031-2413.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #74 PBS</ENT>
                            <ENT>6621 166th Avenue E, Sumner, WA 98390-2902.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #102 PBS</ENT>
                            <ENT>7540 Martin Way E, Olympia, WA 98516-5657.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #104 PBS</ENT>
                            <ENT>9900 19th Avenue SE, Everett, WA 98208-3811.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #105 PBS</ENT>
                            <ENT>4969 Kitsap Way, Bremerton, WA 98312-2372.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #106 PBS</ENT>
                            <ENT>1913 S 72nd Street, Tacoma, WA 98408-1214.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #118 PBS</ENT>
                            <ENT>300 E Bellis Fair Parkway, Bellingham, WA 98226-6411.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #136 PBS</ENT>
                            <ENT>21900 Highway 99, Edmonds, WA 98026-8038.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WinCo Foods #169</ENT>
                            <ENT>10315 Silverdale Way NW, Silverdale, WA 98383-7691.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WinCo Foods #170</ENT>
                            <ENT>6201 6th Avenue, Tacoma, WA 98406-2019.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2037</ENT>
                            <ENT>909 E Whiskah, Aberdeen, WA 98520.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2385</ENT>
                            <ENT>762 Outlet Collection Drive SW, Auburn, WA 98001-6582.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2403</ENT>
                            <ENT>310 31st Avenue SE, Puyallup, WA 98374-1232.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2571</ENT>
                            <ENT>1900 S 314th Street, Federal Way, WA 98003-5622.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #3525</ENT>
                            <ENT>16502 Meridian E, Puyallup, WA 98375-2515.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #5073</ENT>
                            <ENT>17432 SE 270th Place, Covington, WA 98042-4962.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #5628</ENT>
                            <ENT>19191 N Kelsey Street, Monroe, WA 98272-1459.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #30343</ENT>
                            <ENT>6003 Highway 291 #B, Nine Mile Falls, WA 99026-9565.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Walmart Supercenter #1947</ENT>
                            <ENT>902 Engh Road, Omak, WA 98841-9473.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14406</ENT>
                            <ENT>1504 W Sylvester Street, Pasco, WA 99301-4844.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14423</ENT>
                            <ENT>4313 W Court Street, Pasco, WA 99301-2715.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14428—WRIGHT</ENT>
                            <ENT>415 Wright Avenue, Richland, WA 99352-3617.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #14435—TERR HGTS</ENT>
                            <ENT>3908 Terrace Heights Drive, Yakima, WA 98901-1427.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #17053—UNIVERSITY</ENT>
                            <ENT>1001 E University Way, Ellensburg, WA 98926-2603.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #19305—SELAH</ENT>
                            <ENT>120 N 1st Street, Selah, WA 98942-1365.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #23579—MAIN</ENT>
                            <ENT>112 W University Way, Ellensburg, WA 98926-2903.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #25128—TOPPENISH</ENT>
                            <ENT>316 S Elm Street, Toppenish, WA 98948-1510.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">7-11 #27556—FRUITVALE</ENT>
                            <ENT>1602 Fruitvale Boulevard, Yakima, WA 98902-1237.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #228</ENT>
                            <ENT>1330 N 20th Avenue, Pasco, WA 99301-4054.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #252</ENT>
                            <ENT>690 Gage Boulevard, Richland, WA 99352-9512.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ALBERTSONS #3253</ENT>
                            <ENT>5204 W Clearwater Avenue, Kennewick, WA 99336-1906.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BENTON R.E.A.—WEST RICHLAND</ENT>
                            <ENT>6095 W Van Giesen Street, West Richland, WA 99353-9312.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #605</ENT>
                            <ENT>309 S 5th Avenue, Yakima, WA 98902-3548.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #619</ENT>
                            <ENT>1649 Plaza Way, Walla Walla, WA 99362-4324.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #621</ENT>
                            <ENT>608 E Mountain View Avenue, Ellensburg, WA 98926-3819.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #626</ENT>
                            <ENT>1207 N 40th Avenue, Yakima, WA 98908-9456.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #636</ENT>
                            <ENT>110 W South Hill Road, Sunnyside, WA 98944-9172.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #642</ENT>
                            <ENT>780 Grant Road, East Wenatchee, WA 98802-5429.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #655</ENT>
                            <ENT>200 S 1st Place, Hermiston, OR 97838-2386.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">BI-MART #656</ENT>
                            <ENT>901 SW Emigrant Avenue, Pendleton, OR 97801-1948.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CASCADE FARM &amp; OUTDOOR</ENT>
                            <ENT>598 N Wilbur Avenue, Walla Walla, WA 99362-1549.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CASCADE NATURAL GAS</ENT>
                            <ENT>701 S 1st Avenue, Yakima, WA 98902-4677.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COLUMBIA ASPHAULT &amp; GRAVEL</ENT>
                            <ENT>377 Parker Bridge Road, Parker, WA 98939.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COUNTRY MERCHANTILE</ENT>
                            <ENT>232 Crestloch Road, Pasco, WA 99301-9606.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #21945</ENT>
                            <ENT>210 S 2nd Street, Benton City, WA 99320-9735.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22034</ENT>
                            <ENT>10410 US Highway 12, Naches, WA 98937-8786.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22071</ENT>
                            <ENT>182 E Hawthorn Street, Connell, WA 99326.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22127</ENT>
                            <ENT>165 1st Avenue, Zillah, WA 98953-9779.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22225</ENT>
                            <ENT>45 S Columbia Street, Milton Freewater, OR 97862-7682.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22246</ENT>
                            <ENT>610 Bailey Avenue, Granger, WA 98932-9558.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22322</ENT>
                            <ENT>450 Baltimore Street, Elgin, OR 97827.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22551</ENT>
                            <ENT>125 W Columbia Lane, Irrigon, OR 97844-6900.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22595</ENT>
                            <ENT>379 5th Avenue, Burbank, WA 99323-9738.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22672</ENT>
                            <ENT>1409 E Lewis Street, Pasco, WA 99301-4309.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22673</ENT>
                            <ENT>669 S Main Street, Kittitas, WA 98934-0308.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22732</ENT>
                            <ENT>1410 6th Street, Umatilla, OR 97882-9792.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22743</ENT>
                            <ENT>60 Government Road, Mattawa, WA 99349-5115.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #22921</ENT>
                            <ENT>310 S Main Street, Boardman, OR 97818.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23045</ENT>
                            <ENT>378 N Main Street, Heppner, OR 97836-2036.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23046</ENT>
                            <ENT>1206 W Highland Avenue, Hermiston, OR 97838-9511.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23054</ENT>
                            <ENT>105 Simon Way, Stanfield, OR 97875.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23098</ENT>
                            <ENT>513 S Park Street, Chewelah, WA 99109-9362.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23194</ENT>
                            <ENT>181 NW Birch Street, Pilot Rock, OR 97868.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23241</ENT>
                            <ENT>79 Highway 28 West, Soap Lake, WA 98851.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23347</ENT>
                            <ENT>3952 Highway 292, Loon Lake, WA 99148-9790.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23353</ENT>
                            <ENT>125 Main Street, Mabton, WA 98935.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23396</ENT>
                            <ENT>320 S Main Street, Springdale, WA 99173-7005.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23478</ENT>
                            <ENT>313 W 1st Avenue, Warden, WA 98857-9345.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23566</ENT>
                            <ENT>1005 Plaza Way, Grandview, WA 98930.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #23675</ENT>
                            <ENT>2603 Villard Street, Pomeroy, WA 99347.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #25062</ENT>
                            <ENT>715 NE Main Avenue, Wilbur, WA 99185-5176.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #25351</ENT>
                            <ENT>70970 Frontage Road, Wallowa, OR 97885-8128.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="7677"/>
                            <ENT I="01">DOLLAR GENERAL #25365</ENT>
                            <ENT>8104 Valley Road NE, Moses Lake, WA 98837-9673.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DOLLAR GENERAL #25678</ENT>
                            <ENT>1635 W Broadway Avenue, Moses Lake, WA 98837-2612.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EL MERCADO DE GRANDVIEW</ENT>
                            <ENT>206 Euclid Street, Grandview, WA 98930-1160.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ESPARZA ENTERPRISES</ENT>
                            <ENT>1315 Dietrich Road, Pasco, WA 99301-8048.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Love's Travel Stop #0650</ENT>
                            <ENT>78665 Tower Road, Boardman, OR 97818-8501.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lowe's Home Improvement #152</ENT>
                            <ENT>1200 Walla Walla Avenue, Wenatchee, WA 98801-1527.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PAVEMENT SURFACE CONTOL</ENT>
                            <ENT>307 N Dayton Street, Kennewick, WA 99336-3649.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #1195</ENT>
                            <ENT>1307 N Dolarway Road, Ellensburg, WA 98926-9362.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pilot Travel Center #934</ENT>
                            <ENT>63276 Highway 2023, La Grande, OR 97850.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RESER'S FINE FOOD</ENT>
                            <ENT>5526 N Capitol Avenue, Pasco, WA 99301.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5293</ENT>
                            <ENT>500 S Pioneer Way, Moses Lake, WA 98837-1812.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5296—W NOB HILL</ENT>
                            <ENT>2204 W Nob Hill Boulevard, Suite B, Yakima, WA 98902-6200.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5297—U.G.</ENT>
                            <ENT>2515 Main Street, Union Gap, WA 98903-1675.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5299—EBURG</ENT>
                            <ENT>700 S Main Street, Ellensburg, WA 98926-3641.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5314</ENT>
                            <ENT>1308 N 20th Avenue, Pasco, WA 99301-4054.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5316</ENT>
                            <ENT>1901 N Steptoe Street, Kennewick, WA 99336-7120.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5317</ENT>
                            <ENT>101 N Ely Street, Kennewick, WA 99336-2941.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5318</ENT>
                            <ENT>1549 George Washington Way, Richland, WA 99354-2602.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5319</ENT>
                            <ENT>1329 Lee Boulevard, Richland, WA 99352-4141.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #5395</ENT>
                            <ENT>1900 SW Court Avenue, Pendleton, OR 97801-1817.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RITE AID #6347</ENT>
                            <ENT>250 Basin Street SW, Ephrata, WA 98823-1852.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ROSAUERS FOOD #139</ENT>
                            <ENT>410 S 72nd Avenue, Yakima, WA 98908-1673.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #149</ENT>
                            <ENT>1610 W Lincoln Avenue, Yakima, WA 98902-2408.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #0333—GEO WA WAY—PAS</ENT>
                            <ENT>1803 George Washington Way, Richland, WA 99354-2305.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #0563</ENT>
                            <ENT>613 S 6th Street, Sunnyside, WA 98944-2110.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1135—CLE ELUM</ENT>
                            <ENT>804 E 1st Street, Cle Elum, WA 98922-1253.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1235</ENT>
                            <ENT>2204 W Nob Hill Boulevard, Suite A, Yakima, WA 98902-6200.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1593—GRANDVIEW</ENT>
                            <ENT>610 E Wine Country Road, Grandview, WA 98930-1062.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1630</ENT>
                            <ENT>400 N Ruby Street, Ellensburg, WA 98926-3152.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #1660</ENT>
                            <ENT>905 E Mead Avenue, Yakima, WA 98903-3721.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #3252—MOSES LAKE</ENT>
                            <ENT>601 S Pioneer Way, Suite A, Moses Lake, WA 98837-4801.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #462</ENT>
                            <ENT>205 N 5th Avenue, Yakima, WA 98902-2643.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #502</ENT>
                            <ENT>5702 Summitview Avenue, Yakima, WA 98908-3040.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAFEWAY #584</ENT>
                            <ENT>711 W 1st Avenue, Toppenish, WA 98948-1153.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">STAGECOACH RV PARK</ENT>
                            <ENT>16201 N Wenas Road, Selah, WA 98942-9107.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SUPER ONE ROSAURS #130</ENT>
                            <ENT>200 E Mountain View Avenue, Ellensburg, WA 98926-3771.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #2314</ENT>
                            <ENT>2941 Queensgate Drive, Richland, WA 99352-9101.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #760</ENT>
                            <ENT>12 N Fair Avenue, Yakima, WA 98901-4520.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TARGET #830</ENT>
                            <ENT>1106 N Columbia Center Boulevard, Kennewick, WA 99336-1161.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TWIN CITY FOODS</ENT>
                            <ENT>5405 N Industrial Way, Pasco, WA 99301-9547.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10107</ENT>
                            <ENT>633 W Tietan Street, Walla Walla, WA 99362-4329.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10195</ENT>
                            <ENT>2800 W Clearwater Avenue, Kennewick, WA 99336-2945.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #10478</ENT>
                            <ENT>1601 George Washington Way, Richland, WA 99354-2626.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #1078</ENT>
                            <ENT>2005 W Court Street, Pasco, WA 99301-3934.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12053</ENT>
                            <ENT>6400 W Nob Hill Boulevard, Yakima, WA 98908-1929.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #12275</ENT>
                            <ENT>610 W Yakima Avenue, Yakima, WA 98902-3365.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #13971</ENT>
                            <ENT>470 Grant Road, Wenatchee, WA 98802-5336.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #2647</ENT>
                            <ENT>200 E Broadway Avenue, Moses Lake, WA 98837-1718.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #2670</ENT>
                            <ENT>1050 N Miller Street, Wenatchee, WA 98801-1512.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #9113</ENT>
                            <ENT>4000 W 27th Avenue, Kennewick, WA 99337-2422.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #9596</ENT>
                            <ENT>585 Gage Boulevard, Richland, WA 99352-7761.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #9765</ENT>
                            <ENT>5506 N Road 68, Pasco, WA 99301-9627.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALGREENS #9911</ENT>
                            <ENT>4001 Summitview Avenue, Suite 1, Yakima, WA 98908-2945.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #2187</ENT>
                            <ENT>2000 N Wenatchee Avenue, Wenatchee, WA 98801-1056.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WALMART #3754</ENT>
                            <ENT>108 N Apple Blossom Drive, Chelan, WA 98816-8679.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WESTERN MATERIALS</ENT>
                            <ENT>317 S 5th Avenue, Pasco, WA 99301-5596.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Winco #164</ENT>
                            <ENT>1340 N Wenatchee Avenue, Wenatchee, WA 98801-1558.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #111 PBS</ENT>
                            <ENT>2425 Longfibre Avenue, Union Gap, WA 98903-1503.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #141</ENT>
                            <ENT>960 N Stratford Road, Moses Lake, WA 98837-1513.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #2 PBS</ENT>
                            <ENT>4602 W Clearwater Avenue, Kennewick, WA 99336-6206.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">WINCO FOODS #45 PBS</ENT>
                            <ENT>101 Columbia Point Drive, Richland, WA 99352-4387.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD1">United States District Court for the District of Columbia </HD>
                    <EXTRACT>
                        <P>
                            <E T="03">United States of America,</E>
                             Plaintiff, v. 
                            <E T="03">Reddy Ice LLC, Stone Canyon Industries Holdings, LP,</E>
                             and 
                            <E T="03">Chill Parent Holdco, L.P.,</E>
                             Defendants.
                        </P>
                        <FP SOURCE="FP-1">Case No.: 1:26-cv-271-SLS</FP>
                    </EXTRACT>
                    <HD SOURCE="HD1">Competitive Impact Statement</HD>
                    <P>In accordance with the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h) (the “APPA” or “Tunney Act”), the United States of America files this Competitive Impact Statement related to the proposed Final Judgment filed in this civil antitrust proceeding.</P>
                    <HD SOURCE="HD1">I. Nature and Purpose of The Proceeding</HD>
                    <P>
                        On July 3, 2025, Stone Canyon Industries Holdings, L.P. (“Reddy Ice”) 
                        <PRTPAGE P="7678"/>
                        agreed to acquire Chill Parent Holdco, L.P. (“Arctic Glacier”) for a price of more than $126.4 million but less than $179.4 million. The United States filed a civil antitrust Complaint on January 30, 2026, seeking to enjoin the proposed acquisition. (
                        <E T="03">See</E>
                         ECF No. 1; 
                        <E T="03">see also</E>
                         Corrected Complaint filed Feb. 2, 2026, at ECF No. 8-1) (“Corrected Complaint”).
                        <SU>1</SU>
                        <FTREF/>
                         The Corrected Complaint alleges that the likely effect of this acquisition would be to substantially lessen competition for the sale of packaged ice (1) to retail chains in the states of Oregon and Washington and in Imperial and Riverside counties in the state of California, and (2) to airlines and airline caterers in the metropolitan areas of Boston, Massachusetts and New York City, New York, in violation of Section 7 of the Clayton Act, 15 U.S.C. 18.
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             Per the Court's ECF instruction on February 2, 2026, the United States filed corrected documents in this matter to comply with the requirement that the signing attorney must be the filing attorney. No substantive changes were made to the corrected documents.
                        </P>
                    </FTNT>
                    <P>
                        At the same time the Complaint was filed, the United States filed a proposed Final Judgment and an Asset Preservation and Hold Separate Stipulation and Order, which are designed to remedy the loss of competition alleged in the Complaint. (
                        <E T="03">See</E>
                         ECF No. 2-1; 
                        <E T="03">see also</E>
                         Corrected Asset Preservation and Hold Separate Stipulation and Order filed Feb. 2, 2026, at ECF No. 8-3) (“Corrected Stipulation and Order”).
                        <SU>2</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>2</SU>
                             
                            <E T="03">See</E>
                             footnote 1.
                        </P>
                    </FTNT>
                    <P>Under the terms of the proposed Final Judgment, which are explained more fully below, Defendants are required to divest ice manufacturing and distribution facilities, customer relationships and contracts, and other assets, in California to San Diego Ice Company, Inc. (“San Diego Ice”) and in Washington to Columbia Basin Ice, LLC (“Columbia Basin Ice”), or to other acquirers acceptable to the United States. Defendants are also required to divest customer relationships and contracts, along with other assets, in Oregon to Oregon Ice Company, LLC (“Oregon Ice”), in the Boston, Massachusetts metropolitan area to Dee Zee Ice, LLC (“Dee Zee Ice”), and in the New York City, New York metropolitan area to Natuzzi Ice, Inc. (“Natuzzi Ice”), or to other acquirers acceptable to the United States. Additionally, under the proposed Final Judgment, Defendants are (1) required to sever any existing distribution or co-packing agreements with the acquirers; (2) prohibited from entering into new distribution or co-packing agreements with the acquirers during the term of the proposed Final Judgment, unless the United States permits entry into such agreements; (3) prohibited from competing for the divested customers for a limited time; (4) required to undergo annual antitrust compliance training approved by the United States; and (5) required to provide advance notification to the United States of certain future acquisitions of packaged ice companies.</P>
                    <P>Under the terms of the Corrected Stipulation and Order, Defendants must take certain steps to operate, preserve, and maintain the full economic viability, marketability, and competitiveness of the assets that must be divested. In addition, the management, sales, and operations of the assets that must be divested must be held entirely separate, distinct, and apart from Defendants' other operations. The purpose of these terms in the Corrected Stipulation and Order is to ensure that competition is maintained during the pendency of the required divestitures.</P>
                    <P>The United States and Defendants have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. Entry of the proposed Final Judgment will terminate this action, except that the Court will retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment and to punish violations thereof.</P>
                    <HD SOURCE="HD1">II. Description of Events Giving Rise to the Alleged Violation</HD>
                    <HD SOURCE="HD2">A. The Defendants and the Proposed Transaction</HD>
                    <P>Reddy Ice is the largest producer of packaged ice in the United States, with annual revenues of approximately $511 million. It is headquartered in Dallas, Texas, and is owned by Stone Canyon Industries Holdings, LP. Reddy Ice sells packaged ice in 37 states and the District of Columbia. It operates 100 ice manufacturing and distribution facilities in the United States. Reddy Ice also owns approximately 2,320 in-store bagging machines that automatically produce and package bags of ice at retail chain and convenience stores.</P>
                    <P>Arctic Glacier is the third largest packaged ice producer in the United States, with annual revenues of approximately $306 million. It has dual headquarters in Bala Cynwyd, Pennsylvania, and Winnipeg, Canada. Arctic Glacier's ultimate parent is Chill Parent Holdco, L.P., which is owned by the Carlyle Group. Arctic Glacier sells packaged ice in 19 states. It operates 57 ice manufacturing and distribution facilities in the United States.</P>
                    <P>Reddy Ice and Arctic Glacier have largely complementary footprints in the United States, although they overlap in some geographic areas. Reddy Ice's packaged ice facilities are located in the U.S. Southeast, South, and parts of the West and West Coast; Arctic Glacier's packaged ice facilities are located in the U.S. Northeast, parts of the Midwest, and on the West Coast.</P>
                    <P>On July 3, 2025, Reddy Ice and Arctic Glacier executed a purchase agreement through which Reddy Ice will acquire Arctic Glacier for more than $126.4 million but less than $179.4 million.</P>
                    <HD SOURCE="HD2">B. Competitive Effects of the Transaction</HD>
                    <P>The Corrected Complaint alleges that the transaction will result in anticompetitive effects in the markets for the sale of packaged ice (1) to retail chains in the states of Oregon and Washington and in Imperial and Riverside counties in the state of California, and (2) to airlines and airline caterers in the metropolitan areas of Boston, Massachusetts and New York City, New York.</P>
                    <P>The transaction will combine the largest two producers of packaged ice in certain parts of the United States where they both compete. As alleged in the Corrected Complaint, eliminating competition between Reddy Ice and Arctic Glacier would likely lead to higher prices, reduced service quality, or both for packaged ice sold to retail chains in the states of Oregon, Washington, and in Imperial and Riverside counties in the state of California and to airlines and airline caterers in the metropolitan areas of Boston and New York City.</P>
                    <HD SOURCE="HD3">1. Relevant Markets</HD>
                    <HD SOURCE="HD3">a. Packaged Ice Sold to Retail Chains in Oregon, Washington, and Imperial and Riverside Counties in California</HD>
                    <P>As alleged in the Corrected Complaint, packaged ice sold to national, regional, and multi-regional chains in Oregon, Washington, and Imperial and Riverside counties in California are relevant markets under Section 7 of the Clayton Act.</P>
                    <P>
                        Packaged ice sold to retail chains is a recognized product category in the ice industry and is typically sold in seven-pound and larger bags. High-quality service and on-time delivery are important to retail chains that need to have ice stocked throughout the year, especially during the summer months. Retail chains often prefer to contract with large producers of packaged ice such as Reddy Ice and Arctic Glacier because they have the ability to serve 
                        <PRTPAGE P="7679"/>
                        stores across multiple geographies. Other reasons include volume discounts; proven ability to serve large customers; the administrative simplicity of working with fewer suppliers; and the ability of large producers of packaged ice to supply back-up ice from their other facilities.
                    </P>
                    <P>There are no reasonable substitutes for packaged ice for most retail chains. Ice vending machines and self-supply of packaged ice are not viable alternatives for most retail chains due to cost, capacity, and space limitations.</P>
                    <P>Packaged ice producers negotiate individual prices with retail chains for delivery of packaged ice to multiple store locations. A price increase can therefore be targeted to an individual customer due to a lessening in competition. Customers that are similarly situated with respect to the effects of the transaction may be analyzed as a group, and the location of the group delineates the relevant geographic market. Affected customers in the relevant geographic markets cannot evade a price increase via arbitrage, that is, by re-purchasing packaged ice from customers in other areas that have not been subject to a price increase. This is not practical for a number of reasons, including the costs of transportation, which can be high due to packaged ice's high volume and weight relative to its sales price, as well as the expense of fuel and refrigeration. The relevant geographic markets in which retail chains will likely be harmed by the proposed transaction are the locations of these similarly situated targetable customers in Oregon, Washington, and Imperial and Riverside counties in California.</P>
                    <P>For these reasons, the Corrected Complaint alleges that a hypothetical monopolist supplier of packaged ice to retail chains in Oregon, Washington, and Imperial and Riverside counties in California would profitably increase prices by at least a small but significant non-transitory amount because retail chains in these areas have no practical alternative source of supply.</P>
                    <HD SOURCE="HD3">b. Packaged Ice Sold to Airlines and Airline Caterers in the Metropolitan Areas of Boston, MA and New York City, NY</HD>
                    <P>As alleged in the Corrected Complaint, packaged ice sold to airlines and airline caterers in the metropolitan areas of Boston, Massachusetts and New York City, New York, are relevant markets under Section 7 of the Clayton Act. Packaged ice sold to airlines and airline caterers is a recognized product category in the ice industry. Airlines and airlines caterers buy packaged ice primarily for use during the in-flight beverage services. Unlike retail chains, most airlines and airline caterers purchase smaller, five-pound heat-sealed bags, which require different machinery that many ice producers do not have, rather than the typical seven-pound and larger bags sold to retail chains.</P>
                    <P>There are no reasonable substitutes for packaged ice for most airlines and airline caterers. Ice vending machines and self-supply of packaged ice are not viable alternatives for most airlines and airline caterers due to cost, capacity, and space limitations.</P>
                    <P>Packaged ice producers negotiate individual prices with airlines and airline caterers for delivery to airports. Similar to retail chains, airlines and airline caterers can be individually targeted for price increases due to a lessening of competition. Similarly situated airlines and airline caterers can be grouped together to assess the effects of the transaction. The relevant geographic markets are the locations of these groups of customers in the metropolitan areas of Boston and New York City.</P>
                    <P>For these reasons, the Corrected Complaint alleges that a hypothetical monopolist supplier of packaged ice to airlines and airline caterers in the Boston and New York City metropolitan areas would profitably increase prices by at least a small but significant non-transitory amount because airlines and airline caterers in these areas have no practical alternative source of supply.</P>
                    <HD SOURCE="HD3">2. Competitive Effects</HD>
                    <P>As alleged in the Corrected Complaint, Reddy Ice's acquisition of Arctic Glacier would combine the largest packaged ice producers capable of servicing most retail chains, airlines, and airline caterers in the relevant geographic markets. In each of the relevant markets, Reddy Ice and Arctic Glacier compete head-to-head to sell packaged ice by lowering prices to customers and by providing better services, such as more reliable, frequent, and on-time deliveries. In some of these geographic markets, Reddy Ice competes exclusively using a co-packer that manufactures and delivers the ice to the customer on behalf of Reddy Ice. Many customers solicit bids from packaged ice producers and select the bidder that offers the best combination of quality of service and price. Even customers who use less formal procurement processes benefit from the competition between these two large producers on price and quality of service.</P>
                    <P>The acquisition would eliminate the benefits of competition for sales of packaged ice between Reddy Ice and Arctic Glacier in the relevant markets. As alleged in the Corrected Complaint, the acquisition would result in higher prices, lower service quality, or both, and leave retail chains, airlines, and airline caterers in the relevant markets with few, if any, competitive alternatives.</P>
                    <HD SOURCE="HD3">3. Difficulty of Entry and Expansion</HD>
                    <P>As alleged in the Corrected Complaint, sufficient and timely entry by competitors into the relevant packaged ice markets is unlikely to prevent the harm to competition that is likely to result from Reddy Ice's acquisition of Arctic Glacier. Expansion among existing competitors is similarly unlikely to occur in a sufficient and timely fashion to prevent harm to retailers and consumers in these markets. Barriers to entry and expansion are high and include the substantial up-front capital investments required to build a network of facilities with the scale needed to meaningfully compete with the combined firm and reputational barriers such as the time required to build a supplier's reputation in the industry.</P>
                    <P>The Corrected Complaint also alleges that the acquisition of Arctic Glacier by Reddy Ice is unlikely to generate efficiencies sufficient to reverse or outweigh the anticompetitive effects that are likely to occur as a result of the acquisition.</P>
                    <HD SOURCE="HD1">III. Explanation of the Proposed Final Judgment</HD>
                    <P>The relief required by the proposed Final Judgment is designed to remedy the loss of competition alleged in the Corrected Complaint by establishing independent and economically viable competitors for the sale of packaged ice to retail chains in Oregon, Washington, and Imperial and Riverside counties in California, and to airlines and airline caterers in the metropolitan areas of Boston, MA and New York City, NY.</P>
                    <HD SOURCE="HD2">A. Divestitures</HD>
                    <HD SOURCE="HD3">1. Divestiture Assets in California, Oregon, and Washington</HD>
                    <P>
                        The proposed Final Judgment defines three sets of divestiture assets for the relevant geographic markets in California (the “California Divestiture Assets”), Oregon (the “Oregon Divestiture Assets”), and Washington (the “Washington Divestiture Assets”) (
                        <E T="03">see</E>
                         Paragraphs II.H., II.BB., and II.JJ., respectively of the proposed Final Judgment). Each set of assets must be divested within 30 calendar days after the Court's entry of the Corrected 
                        <PRTPAGE P="7680"/>
                        Stipulation and Order. Each set of assets also must be divested in such a way as to satisfy the United States in its sole discretion that the assets can and will be operated by the acquirers as viable, ongoing businesses that can compete effectively in the market for the sale of packaged ice to retail chains in the relevant geographic markets. Defendants also must use their best efforts to accomplish the divestitures as expeditiously as possible and must cooperate with the acquirers.
                    </P>
                    <P>For the California Divestiture Assets, Defendants must divest the lease, facilities, machinery, equipment, vehicles, ice merchandisers, and customer contracts and relationships relating to or used in connection with the manufacture and sale of packaged ice to Reddy Ice's customers and customer locations listed in Schedule 1 of the proposed Final Judgment. Defendants must divest the California Divestiture Assets to San Diego Ice or another acquirer acceptable to the United States in its sole discretion.</P>
                    <P>For the Oregon Divestiture Assets, Defendants must divest ice merchandisers and customer contracts and relationships relating to or used in connection with the manufacture and sale of packaged ice to Reddy Ice's customers and customer locations listed in Schedule 4 of the proposed Final Judgment. Defendants must also, at the option of the acquirer, grant the acquirer for a period of three years a rent-free and royalty-free right to use the in-store bagging machines that are at customer locations listed in Schedule 4. Defendants must divest the Oregon Divestiture Assets to Oregon Ice or another acquirer acceptable to the United States in its sole discretion.</P>
                    <P>For the Washington Divestiture Assets, Defendants must divest leases and subleases, facilities, machinery, equipment, vehicles, ice merchandisers, and customer contracts and relationships relating to or used in connection with the manufacture and sale of packaged ice to Reddy Ice's customers and customer locations listed in Schedule 5 of the proposed Final Judgment. Defendants must also, at the option of the acquirer, grant the acquirer for a period of three years a rent-free and royalty-free right to use the in-store bagging machines that are at customer locations listed in Schedule 5. Defendants must divest the Washington Divestiture Assets to Columbia Basin Ice or another acquirer acceptable to the United States in its sole discretion.</P>
                    <P>The acquirers, Oregon Ice, Columbia Basin Ice, and San Diego Ice, are packaged ice suppliers with multiple facilities in Oregon (Oregon Ice), Washington (Columbia Basin Ice), and in southern California (San Diego Ice). Each of these suppliers is currently serving large retail chains in those areas as a co-packer for Reddy Ice and has been serving as a co-packer for Reddy Ice for over seven years. Each will be acquiring the customer contracts and relationships that it currently serves as the co-packer. Because of their demonstrated track records of serving these large retail chain customers, they are well-positioned to continue to serve these customers and vigorously compete to retain them going forward.</P>
                    <P>To avoid entanglements and agreements that may lessen future competition, Defendants must sever any existing manufacture, distribution, or co-pack agreements between any Defendant and an acquirer.</P>
                    <HD SOURCE="HD3">2. Divestitures Assets in Massachusetts and New York</HD>
                    <P>
                        The proposed Final Judgment defines two sets of divestiture assets for the relevant geographic markets in Massachusetts (the “Massachusetts Divestiture Assets”) and New York (the “New York Divestiture Assets”) (
                        <E T="03">see</E>
                         Paragraphs II.W. and II.Z., respectively of the proposed Final Judgment). Each set of assets must be divested within 30 calendar days after the Court's entry of the Corrected Stipulation and Order. Each set of assets also must be divested in such a way as to satisfy the United States in its sole discretion that the assets can and will be operated by the acquirers as viable, ongoing businesses that can compete effectively in the market for the sale of packaged ice to airline and airline caterers in the relevant geographic markets. Defendants must use their best efforts to accomplish the divestitures as expeditiously as possible and must cooperate with the acquirers.
                    </P>
                    <P>For the Massachusetts Divestiture Assets, Defendants must divest ice merchandisers and customer contracts and relationships relating to or used in connection with the manufacture and sale of packaged ice to Reddy Ice's customers and customer locations listed in Schedule 2 of the proposed Final Judgment. Defendants must divest the Massachusetts Divestiture Assets to Dee Zee Ice or another acquirer acceptable to the United States in its sole discretion.</P>
                    <P>For the New York Divestiture Assets, Defendants must divest ice merchandisers and customer contracts and relationships relating to or used in connection with the manufacture and sale of packaged ice to Reddy Ice's customers and customer locations listed in Schedule 3 of the proposed Final Judgment. Defendants must divest the New York Divestiture Assets to Natuzzi Ice or another acquirer acceptable to the United States in its sole discretion.</P>
                    <P>The acquirers, Dee Zee Ice and Natuzzi Ice, are packaged ice suppliers capable of serving airlines and airline caterers in the metropolitan areas of Boston and New York City, respectively. Each of these acquirers is currently serving airlines and airline caterers in these markets as a co-packer for Reddy Ice and has been doing so for four years. Each will be acquiring the customer contracts and relationships that it currently serves as the co-packer. Because of their demonstrated track records of serving these customers, they are well-positioned to continue to serve these customers and vigorously compete to retain them going forward.</P>
                    <P>To avoid entanglements and agreements that may lessen future competition, Defendants must sever any existing manufacture, distribution, or co-pack agreements between any Defendant and an acquirer.</P>
                    <HD SOURCE="HD3">3. Relevant Personnel and Non-Solicitation Provisions</HD>
                    <P>
                        For the California, Oregon, and Washington Divestiture Assets, the proposed Final Judgment (
                        <E T="03">see</E>
                         Paragraphs IV.I., VII.J., and VIII.J., respectively) contains provisions intended to facilitate the acquirers' efforts to hire certain employees needed to operate the divested assets. Specifically, the proposed Final Judgment requires Defendants to provide the acquirer and the United States with organization charts and information relating to these employees and to make them available for interviews. It also provides that Defendants must not interfere with any efforts by acquirers to hire these employees. Additionally, for employees who elect employment with an acquirer, Defendants must waive all non-compete and non-disclosure agreements, vest all unvested pension and other equity rights, provide all compensation and benefits that those employees have fully or partially accrued, and provide all other benefits that the employees would generally be provided had those employees continued employment with Defendants, including any retention bonuses or payments. The proposed Final Judgment further provides that for six months from the date of the California, Oregon, and Washington Divestitures, Defendants may not solicit to re-hire any of those employees who were hired by the acquirer, unless an employee is terminated or laid off by the acquirer or the acquirer agrees in writing that Defendants may solicit to re-hire that individual (
                        <E T="03">see</E>
                         Paragraphs 
                        <PRTPAGE P="7681"/>
                        IV.I.6., VII.J.6, and VIII.J.6. of the proposed Final Judgment).
                    </P>
                    <HD SOURCE="HD3">4. In-Store Bagging Machine Parts Supply Contract Provisions</HD>
                    <P>
                        For the Oregon and Washington Divestiture Assets, the proposed Final Judgment (
                        <E T="03">see</E>
                         Paragraphs VII.L.1. and VIII.M.1., respectively) requires Defendants, at the option of the acquirer and subject to approval by the United States in its sole discretion, on or before the date of divestiture, to enter into one or more contracts for the supply of parts that the acquirer determines are needed for the maintenance of the in-store bagging machines being leased by the Defendants to the acquirer (
                        <E T="03">see</E>
                         Paragraphs VII.L.1. and VIII.M.1. of the proposed Final Judgment). Any supply contract may be for a period of up to three years, as determined by the acquirer, on terms and conditions reasonably related to market conditions for the supply of such parts. At the option of the acquirer, subject to approval by the United States in its sole discretion, Defendants must enter into one or more extensions of any such contracts for a total of up to an additional two years. The acquirer may terminate all or a portion of a supply contract or extension without cost or penalty, upon 30 calendar days' written notice. These provisions will help to ensure that acquirers of customers with in-store bagging machines will have the ability to access the parts that are needed to maintain those machines, enhancing their ability to retain these customers.
                    </P>
                    <HD SOURCE="HD3">5. Packaged Ice Supply Contract Provisions</HD>
                    <P>
                        For all five sets of divestiture assets, the proposed Final Judgment (
                        <E T="03">see</E>
                         Paragraphs IV.L., V.J., VI.J., VII.L.2., and VIII.M.2.) requires Defendants, at the option of the acquirers, to enter into one or more contracts for the supply of packaged ice for the customers that are being transferred to the acquirer, for a period of up to one year on terms and conditions reasonably related to market conditions for the supply of packaged ice. At the option of the acquirer, and subject to the approval of the United States in its sole discretion, Defendants must enter into one or more extensions of any such contract for the supply of packaged ice, for a total of up to an additional two years. The acquirer may terminate all or a portion of a supply contract or extension without cost or penalty upon 30 calendar days' written notice. These provisions will help to ensure that the acquirer will not face disruption to its supply of packaged ice and will help it to retain the customers transferred to it as part of the divestiture.
                    </P>
                    <HD SOURCE="HD3">6. Transition Services Agreements Provisions</HD>
                    <P>
                        For all five sets of divestiture assets, the proposed Final Judgment (
                        <E T="03">see</E>
                         Paragraphs IV.M., V.K., VI.K., VII.M., and VIII.N.) requires Defendants, at the acquirer's option and subject to approval by the United States in its sole discretion, to enter into a transition services agreement, on or before the date of the divestiture, to provide back office, accounting, invoicing, customer service, employee health and safety, and information technology services and support for a period of up to 180 calendar days, and one or more extensions of up to an additional 180 days, on terms and conditions reasonably related to market conditions for the provision of the transition services. The acquirer may terminate all or a portion of the transition services agreement, including an extension, without cost or penalty, upon 30 calendar days' written notice. The proposed Final Judgment also provides that employees of Defendants tasked with supporting this agreement must not share any competitively sensitive information of the acquirer with any other employee of Defendants.
                    </P>
                    <HD SOURCE="HD3">7. Customer Non-Compete and Non-Solicitation Provisions</HD>
                    <P>
                        For all five sets of divestiture assets, the proposed Final Judgment (
                        <E T="03">see</E>
                         Paragraphs IV.N. and IV.O., V.L. and V.M., VI.L. and VI.M., VII.N. and VII.O., and VIII.O. and VIII.P.) prohibits Defendants from selling any packaged ice to the customers transferred to acquirers as part of the divestitures for a period of one year following the divestitures and prohibits Defendants from initiating customer-specific communications to solicit any customer transferred to acquirers as part of the divestitures for a period of three years following the divestitures. However, once the one-year term of the non-compete provisions expire, Defendants may respond to inquiries initiated by transferred customers and enter into negotiations to supply that customer (including responding to requests for quotation or proposal). Together, these provisions will help the acquirers establish and maintain important customer relationships and preserve competition.
                    </P>
                    <HD SOURCE="HD2">B. Appointment of Divestiture Trustee</HD>
                    <P>If Defendants do not accomplish the divestitures of the California, Massachusetts, New York, Oregon, and Washington Divestiture Assets within the period prescribed in Paragraphs IV.A., V.A., VI.A., VII.A., and VIII.A. of the proposed Final Judgment, Section IX of the proposed Final Judgment provides that the Court will appoint a divestiture trustee selected by the United States to effect the divestitures. If a divestiture trustee is appointed, the proposed Final Judgment provides that Defendants must pay all costs and expenses of the trustee. The divestiture trustee's commission must be structured so as to provide an incentive for the trustee based on the price and terms obtained and the speed with which the divestiture is accomplished. After the divestiture trustee's appointment becomes effective, the divestiture trustee must provide monthly reports to the United States setting forth the divestiture trustee's efforts to accomplish the divestitures. If the divestitures have not been accomplished within 180 calendar days of the divestiture trustee's appointment, the United States may make recommendations to the Court, which may enter such orders as it deems appropriate, in order to carry out the purpose of the Final Judgment, including by extending the trust and the term of the divestiture trustee's appointment.</P>
                    <HD SOURCE="HD2">C. Appointment of Monitor</HD>
                    <P>
                        Section XIV of the proposed Final Judgment provides that the Court will appoint a monitoring trustee selected by the United States in its sole discretion who will have the power and authority to investigate and report on Defendants' compliance with the terms of the Final Judgment and the Corrected Stipulation and Order, including Defendants' sale of the Divestiture Assets and Defendants' compliance with the supply contracts provisions in Paragraphs IV.L., V.J., VI.J., VII.L., and VIII.M., the transition services provisions in Paragraphs IV.M., V.K., VI.K., VII.M., and VIII.N., the customer non-compete provisions in Paragraphs IV.N., V.L., VI.L., VII.N., and VIII.O., the customer non-solicitation provisions in Paragraphs IV.O., V.M., VI.M., VII.O., and VIII.P of the proposed Final Judgment, as well as the antitrust compliance training provisions in Section XV of the proposed Final Judgment. The monitoring trustee will not have any responsibility or obligation for the operation of Defendants' businesses. The monitoring trustee will serve at Defendants' expense, on such terms and conditions as the United States approves, and Defendants must assist the monitoring trustee in fulfilling the monitoring trustee's obligations. The monitoring trustee will provide periodic reports to the United States on the 
                        <PRTPAGE P="7682"/>
                        Defendants' efforts to comply with the Final Judgment and will serve until 90 calendar days after all supply contracts or customer non-solicitation requirements have expired, whichever is later, unless the United States determines a different period is appropriate.
                    </P>
                    <HD SOURCE="HD2">D. Notification Provisions</HD>
                    <P>Section XVII of the proposed Final Judgment requires Defendants to notify the United States 30 days in advance of executing certain transactions that would not otherwise be reportable under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, 15 U.S.C. 18a (“HSR Act”). The transactions covered by these provisions include Defendants' acquisition, directly or indirectly, of any assets of or any interest in any entity valued at 15% or greater of the “size of transaction” threshold (as adjusted annually and as specified in the HSR Act) that is involved in the manufacture or sale of packaged ice in Oregon; Washington; Imperial County, CA; Los Angeles County, CA; Orange County, CA; Riverside County, CA; San Bernardino County, CA; or San Diego County, CA; or in the manufacture or sale of packaged ice to, or within 50 miles of, customers located at Newark Liberty International Airport, John F. Kennedy International Airport, LaGuardia Airport, or Boston Logan International Airport. These additional reporting requirements are in effect during the five-year period following entry of the proposed Final Judgment.</P>
                    <P>Section XVII will provide the United States with advance notice of, and an opportunity to evaluate, Defendants' acquisition of packaged ice suppliers in the same geographic areas where Defendants must complete divestitures. Additionally, Section XVII broadens the geographic scope of relief in California to encompass counties adjacent to or nearby Imperial and Riverside counties to ensure that Defendants notify the United States of future proposed acquisitions of rivals that may be capable of serving large retail chains. Because, as alleged in the Corrected Complaint, the packaged ice industry has experienced significant consolidation, future acquisitions of entities involved in the manufacture and sale of packaged ice in these geographic areas by Defendants may have the potential to substantially lessen competition. These provisions give the United States an opportunity to assess the competitive effects of such transactions in advance of their closing, even if the purchase price is below the HSR Act's threshold. Because the entity value threshold amount is much lower than the HSR's Act “size of transaction” threshold, these provisions broaden Defendants' pre-merger reporting requirements.</P>
                    <HD SOURCE="HD2">F. Other Provisions To Ensure Compliance With the Proposed Final Judgment</HD>
                    <P>The proposed Final Judgment also contains provisions designed to promote compliance with and make enforcement of the Final Judgment as effective as possible. Paragraph XVIII.A. of the proposed Final Judgment prohibits Defendants, during the term of the Final Judgment, from reacquiring any part of or any interest in the Divestiture Assets or acquiring any part of or any interest in any acquirer without prior written authorization of the United States. This provision ensures that the acquirers will remain independent competitors of Defendants.</P>
                    <P>Paragraph XVIII.B. of the proposed Final Judgment prohibits Defendants from entering into a new joint venture, partnership, or collaboration, including any distribution or co-packing agreements, with any acquirer during the term of the Final Judgment. However, the United States in its sole discretion may approve distribution or co-packing agreements between Defendants and acquirers during the term of the Final Judgment. This provision ensures that the acquirers will have the incentive to compete against Defendants while allowing potentially pro-competitive distribution or co-packing agreements between Defendants and acquirers with approval from the United States.</P>
                    <P>Section XV of the proposed Final Judgment provides that within 90 calendar days of entry of the Final Judgment, and on an annual basis thereafter for the duration of the Final Judgment, Reddy Ice must conduct an antitrust compliance training approved by the United States on (i) the meaning and requirements of the Final Judgment and the Corrected Stipulation and Order, and (ii) compliance with federal and applicable state antitrust laws and guidelines. Reddy Ice must provide such training to its corporate leadership and their direct reports and all of its employees who communicate in any way with other manufacturers, suppliers, or distributors of packaged ice. The Chief Legal Officer of Reddy Ice must submit an affidavit certifying compliance with this training requirement within 370 calendar days of entry of the Final Judgment and on an annual basis thereafter.</P>
                    <P>Paragraph XXI.A. provides that if, at any time during the five-year period following entry of the Final Judgment, the United States determines in its sole discretion that the Final Judgment has failed to fully redress the violations alleged in the Corrected Complaint, then the United States may re-open this proceeding to seek additional relief, including divestiture of additional assets from Defendants. The Court may order such additional relief if it finds by a preponderance of the evidence that there is a reasonable probability that the proposed Final Judgment did not fully redress the violations alleged in the Corrected Complaint.</P>
                    <P>Paragraph XXI.B. provides that the United States retains and reserves all rights to enforce the Final Judgment, including the right to seek an order of contempt from the Court. Under the terms of this paragraph, Defendants have agreed that in any civil contempt action, any motion to show cause, or any similar action brought by the United States regarding an alleged violation of the Final Judgment, the United States may establish the violation and the appropriateness of any remedy by a preponderance of the evidence and that Defendants have waived any argument that a different standard of proof should apply. This provision aligns the standard for compliance with the Final Judgment with the standard of proof that applies to the underlying offense that the Final Judgment addresses.</P>
                    <P>Paragraph XXI.C. provides additional clarification regarding the interpretation of the provisions of the proposed Final Judgment. The proposed Final Judgment is intended to remedy the loss of competition the United States alleges would otherwise be harmed by the transaction. Defendants agree that they will abide by the proposed Final Judgment and that they may be held in contempt of the Court for failing to comply with any provision of the proposed Final Judgment that is stated specifically and in reasonable detail, as interpreted in light of this procompetitive purpose.</P>
                    <P>
                        Paragraph XXI.D. provides that if the Court finds in an enforcement proceeding that a Defendant has violated the Final Judgment, the United States may apply to the Court for an extension of the Final Judgment, together with such other relief as may be appropriate. In addition, to compensate American taxpayers for any costs associated with investigating and enforcing violations of the Final Judgment, Paragraph XXI.D. provides that, in any successful effort by the United States to enforce the Final Judgment against a Defendant, whether litigated or resolved before litigation, the Defendant must reimburse the 
                        <PRTPAGE P="7683"/>
                        United States for attorneys' fees, experts' fees, and other costs incurred in connection with that effort to enforce this Final Judgment, including the investigation of the potential violation.
                    </P>
                    <P>Paragraph XXI.E. states that the United States may file an action against a Defendant for violating the Final Judgment for up to four years after the Final Judgment has expired or been terminated. This provision is meant to address circumstances such as when evidence that a violation of the Final Judgment occurred during the term of the Final Judgment is not discovered until after the Final Judgment has expired or been terminated or when there is not sufficient time for the United States to complete an investigation of an alleged violation until after the Final Judgment has expired or been terminated. This provision, therefore, makes clear that, for four years after the Final Judgment has expired or been terminated, the United States may still challenge a violation that occurred during the term of the Final Judgment.</P>
                    <P>Finally, Section XXII of the proposed Final Judgment provides that the Final Judgment will expire ten years from the date of its entry, except that after five years from the date of its entry, the Final Judgment may be terminated upon notice by the United States to the Court and Defendants that the divestitures have been completed and continuation of the Final Judgment is no longer necessary or in the public interest.</P>
                    <HD SOURCE="HD1">IV. Remedies Available to Potential Private Plaintiffs</HD>
                    <P>Section 4 of the Clayton Act, 15 U.S.C. 15, provides that any person who has been injured as a result of conduct prohibited by the antitrust laws may bring suit in federal court to recover three times the damages the person has suffered, as well as costs and reasonable attorneys' fees. Entry of the proposed Final Judgment neither impairs nor assists the bringing of any private antitrust damage action. Under the provisions of Section 5(a) of the Clayton Act, 15 U.S.C. 16(a), the proposed Final Judgment has no prima facie effect in any subsequent private lawsuit that may be brought against Defendants.</P>
                    <HD SOURCE="HD1">V. Procedures Available for Modification of the Proposed Final Judgment</HD>
                    <P>The United States and Defendants have stipulated that the proposed Final Judgment may be entered by the Court after compliance with the provisions of the APPA, provided that the United States has not withdrawn its consent. The APPA conditions entry upon the Court's determination that the proposed Final Judgment is in the public interest.</P>
                    <P>
                        The APPA provides a period of at least 60 days preceding the effective date of the proposed Final Judgment within which any person may submit to the United States written comments regarding the proposed Final Judgment. Any person who wishes to comment should do so within 60 days of the date of publication of this Competitive Impact Statement in the 
                        <E T="04">Federal Register</E>
                        , or within 60 days of the first date of publication in a newspaper of the summary of this Competitive Impact Statement, whichever is later. All comments received during this period will be considered by the U.S. Department of Justice, which remains free to withdraw its consent to the proposed Final Judgment at any time before the Court's entry of the Final Judgment. The comments and the response of the United States will be filed with the Court. In addition, the comments and the United States' responses will be published in the 
                        <E T="04">Federal Register</E>
                         unless the Court agrees that the United States instead may publish them on the U.S. Department of Justice, Antitrust Division's internet website.
                    </P>
                    <P>
                        Written comments should be submitted in English to: Jill C. Maguire, Acting Chief, Healthcare &amp; Consumer Products Section, Antitrust Division, United States Department of Justice, 450 Fifth St. NW, Suite 4100, Washington, DC 20530, 
                        <E T="03">ATR.Public-Comments-Tunney-Act-MB@usdoj.gov.</E>
                    </P>
                    <P>The proposed Final Judgment provides that the Court retains jurisdiction over this action, and the parties may apply to the Court for any order necessary or appropriate for the modification, interpretation, or enforcement of the Final Judgment.</P>
                    <HD SOURCE="HD1">VI. Alternatives to the Proposed Final Judgment</HD>
                    <P>As an alternative to the proposed Final Judgment, the United States considered a full trial on the merits against Defendants. The United States could have continued the litigation and sought preliminary and permanent injunctions against Reddy Ice's acquisition of Arctic Glacier. The United States is satisfied, however, that the relief required by the proposed Final Judgment will remedy the anticompetitive effects alleged in the Corrected Complaint, preserving competition for the sale of packaged ice in the California, Massachusetts, New York, Oregon, and Washington geographic markets alleged in the Corrected Complaint. Thus, the proposed Final Judgment achieves all or substantially all of the relief the United States would have obtained through litigation but avoids the time, expense, and uncertainty of a full trial on the merits.</P>
                    <HD SOURCE="HD1">VII. Standard of Review Under the APPA for the Proposed Final Judgment</HD>
                    <P>Under the Clayton Act and APPA, proposed Final Judgments, or “consent decrees,” in antitrust cases brought by the United States are subject to a 60-day comment period, after which the Court shall determine whether entry of the proposed Final Judgment “is in the public interest.” 15 U.S.C. 16(e)(1). In making that determination, the Court, in accordance with the statute as amended in 2004, is required to consider:</P>
                    <EXTRACT>
                        <P>(A) the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such judgment that the court deems necessary to a determination of whether the consent judgment is in the public interest; and</P>
                        <P>(B) the impact of entry of such judgment upon competition in the relevant market or markets, upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial.</P>
                    </EXTRACT>
                    <P>
                        15 U.S.C. 16(e)(1)(A) &amp; (B). In considering these statutory factors, the Court's inquiry is necessarily a limited one as the government is entitled to “broad discretion to settle with the defendant within the reaches of the public interest.” 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">Microsoft Corp.,</E>
                         56 F.3d 1448, 1461 (D.C. Cir. 1995); 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">U.S. Airways Grp., Inc.,</E>
                         38 F. Supp. 3d 69, 75 (D.D.C. 2014) (explaining that the “court's inquiry is limited” in Tunney Act settlements); 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">InBev N.V./S.A.,</E>
                         No. 08-1965 (JR), 2009 U.S. Dist. LEXIS 84787, at *3 (D.D.C. Aug. 11, 2009) (noting that a court's review of a proposed Final Judgment is limited and only inquires “into whether the government's determination that the proposed remedies will cure the antitrust violations alleged in the complaint was reasonable, and whether the mechanisms to enforce the final judgment are clear and manageable”).
                    </P>
                    <P>
                        As the U.S. Court of Appeals for the District of Columbia Circuit has held, under the APPA a court considers, among other things, the relationship between the remedy secured and the specific allegations in the government's Complaint, whether the proposed Final 
                        <PRTPAGE P="7684"/>
                        Judgment is sufficiently clear, whether its enforcement mechanisms are sufficient, and whether it may positively harm third parties. 
                        <E T="03">See Microsoft,</E>
                         56 F.3d at 1458-62. With respect to the adequacy of the relief secured by the proposed Final Judgment, a court may not “make de novo determination of facts and issues.” 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">W. Elec. Co.,</E>
                         993 F.2d 1572, 1577 (D.C. Cir. 1993) (quotation marks omitted); 
                        <E T="03">see also Microsoft,</E>
                         56 F.3d at 1460-62; 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">Alcoa, Inc.,</E>
                         152 F. Supp. 2d 37, 40 (D.D.C. 2001); 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">Enova Corp.,</E>
                         107 F. Supp. 2d 10, 16 (D.D.C. 2000); 
                        <E T="03">InBev,</E>
                         2009 U.S. Dist. LEXIS 84787, at *3. Instead, “[t]he balancing of competing social and political interests affected by a proposed antitrust decree must be left, in the first instance, to the discretion of the Attorney General.” 
                        <E T="03">W. Elec. Co.,</E>
                         993 F.2d at 1577 (quotation marks omitted). “The court should also bear in mind the 
                        <E T="03">flexibility</E>
                         of the public interest inquiry: the court's function is not to determine whether the resulting array of rights and liabilities is the one that will 
                        <E T="03">best</E>
                         serve society, but only to confirm that the resulting settlement is within the 
                        <E T="03">reaches</E>
                         of the public interest.” 
                        <E T="03">Microsoft,</E>
                         56 F.3d at 1460 (quotation marks omitted); 
                        <E T="03">see also United States</E>
                         v. 
                        <E T="03">Deutsche Telekom AG,</E>
                         No. 19-2232 (TJK), 2020 WL 1873555, at *7 (D.D.C. Apr. 14, 2020). More demanding requirements would “have enormous practical consequences for the government's ability to negotiate future settlements,” contrary to congressional intent. 
                        <E T="03">Microsoft,</E>
                         56 F.3d at 1456. “The Tunney Act was not intended to create a disincentive to the use of the consent decree.” 
                        <E T="03">Id.</E>
                    </P>
                    <P>
                        The United States' predictions about the efficacy of the remedy are to be afforded deference by the Court. 
                        <E T="03">See, e.g., Microsoft,</E>
                         56 F.3d at 1461 (recognizing courts should give “due respect to the Justice Department's . . . view of the nature of its case”); 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">Iron Mountain, Inc.,</E>
                         217 F. Supp. 3d 146, 152-53 (D.D.C. 2016) (“In evaluating objections to settlement agreements under the Tunney Act, a court must be mindful that [t]he government need not prove that the settlements will perfectly remedy the alleged antitrust harms[;] it need only provide a factual basis for concluding that the settlements are reasonably adequate remedies for the alleged harms.” (internal citations omitted)); 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">Republic Servs., Inc.,</E>
                         723 F. Supp. 2d 157, 160 (D.D.C. 2010) (noting “the deferential review to which the government's proposed remedy is accorded”); 
                        <E T="03">United States</E>
                         v. 
                        <E T="03">Archer-Daniels-Midland Co.,</E>
                         272 F. Supp. 2d 1, 6 (D.D.C. 2003) (“A district court must accord due respect to the government's prediction as to the effect of proposed remedies, its perception of the market structure, and its view of the nature of the case.”). The ultimate question is whether “the remedies [obtained by the Final Judgment are] so inconsonant with the allegations charged as to fall outside of the `reaches of the public interest.' ” 
                        <E T="03">Microsoft,</E>
                         56 F.3d at 1461 (
                        <E T="03">quoting W. Elec. Co.,</E>
                         900 F.2d at 309).
                    </P>
                    <P>
                        Moreover, the Court's role under the APPA is limited to reviewing the remedy in relationship to the violations that the United States has alleged in its Complaint, and does not authorize the Court to “construct [its] own hypothetical case and then evaluate the decree against that case.” 
                        <E T="03">Microsoft,</E>
                         56 F.3d at 1459; 
                        <E T="03">see also U.S. Airways,</E>
                         38 F. Supp. 3d at 75 (noting that the court must simply determine whether there is a factual foundation for the government's decisions such that its conclusions regarding the proposed settlements are reasonable); 
                        <E T="03">InBev,</E>
                         2009 U.S. Dist. LEXIS 84787, at *20 (“[T]he `public interest' is not to be measured by comparing the violations alleged in the complaint against those the court believes could have, or even should have, been alleged”). Because the “court's authority to review the decree depends entirely on the government's exercising its prosecutorial discretion by bringing a case in the first place,” it follows that “the court is only authorized to review the decree itself,” and not to “effectively redraft the complaint” to inquire into other matters that the United States did not pursue. 
                        <E T="03">Microsoft,</E>
                         56 F.3d at 1459-60.
                    </P>
                    <P>
                        In its 2004 amendments to the APPA, Congress made clear its intent to preserve the practical benefits of using judgments proposed by the United States in antitrust enforcement, Public Law 108-237 § 221, and added the unambiguous instruction that “[n]othing in this section shall be construed to require the court to conduct an evidentiary hearing or to require the court to permit anyone to intervene.” 15 U.S.C. 16(e)(2); 
                        <E T="03">see also U.S. Airways,</E>
                         38 F. Supp. 3d at 76 (indicating that a court is not required to hold an evidentiary hearing or to permit intervenors as part of its review under the Tunney Act). This language explicitly wrote into the statute what Congress intended when it first enacted the Tunney Act in 1974. As Senator Tunney explained: “[t]he court is nowhere compelled to go to trial or to engage in extended proceedings which might have the effect of vitiating the benefits of prompt and less costly settlement through the consent decree process.” 119 Cong. Rec. 24,598 (1973) (statement of Sen. Tunney). “A court can make its public interest determination based on the competitive impact statement and response to public comments alone.” 
                        <E T="03">U.S. Airways,</E>
                         38 F. Supp. 3d at 76 (citing 
                        <E T="03">Enova Corp.,</E>
                         107 F. Supp. 2d at 17).
                    </P>
                    <HD SOURCE="HD1">VIII. Determinative Documents</HD>
                    <P>There are no determinative materials or documents within the meaning of the APPA that were considered by the United States in formulating the proposed Final Judgment.</P>
                    <FP>Dated: February 10, 2026</FP>
                    <FP>Respectfully submitted,</FP>
                    <FP>FOR PLAINTIFF</FP>
                    <FP>UNITED STATES OF AMERICA:</FP>
                    <FP SOURCE="FP-DASH"/>
                    <FP>Chris Sung Joon Hong</FP>
                    <FP>
                        <E T="03">United States Department of Justice</E>
                    </FP>
                    <FP>
                        <E T="03">Antitrust Division</E>
                    </FP>
                    <FP>
                        <E T="03">Healthcare &amp; Consumer Products Section</E>
                    </FP>
                    <FP>
                        <E T="03">450 Fifth St. NW, Suite 4100</E>
                    </FP>
                    <FP>
                        <E T="03">Washington, DC 20530</E>
                    </FP>
                    <FP>
                        <E T="03">Telephone: (202) 569-1885</E>
                    </FP>
                    <FP>
                        <E T="03">Email: chris.hong@usdoj.gov</E>
                    </FP>
                </PREAMB>
                <FRDOC>[FR Doc. 2026-03102 Filed 2-17-26; 8:45 am]</FRDOC>
                <BILCOD>BILLING CODE 4410-11-P</BILCOD>
            </NOTICE>
        </NOTICES>
    </NEWPART>
    <VOL>91</VOL>
    <NO>32</NO>
    <DATE>Wednesday, February 18, 2026</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="7685"/>
            <PARTNO>Part III </PARTNO>
            <AGENCY TYPE="P">Environmental Protection Agency</AGENCY>
            <CFR>40 CFR Parts 85, 86, 600, et al.</CFR>
            <TITLE>Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act; Final Rule</TITLE>
        </PTITLE>
        <RULES>
            <RULE>
                <PREAMB>
                    <PRTPAGE P="7686"/>
                    <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                    <CFR>40 CFR Parts 85, 86, 600, 1036, 1037, and 1039</CFR>
                    <DEPDOC>[EPA-HQ-OAR-2025-0194; FRL-12715-02-OAR]</DEPDOC>
                    <RIN>RIN 2060-AW71</RIN>
                    <SUBJECT>Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act</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>In this action, the U.S. Environmental Protection Agency (EPA) is rescinding the Administrator's 2009 findings of contribution and endangerment and repealing all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines to effectuate the best reading of Clean Air Act (CAA) section 202(a)(1). The EPA determines that CAA section 202(a)(1) does not authorize the Agency to prescribe emission standards in response to global climate change concerns for multiple reasons, including the best reading of the statutory terms “air pollution,” “cause,” “contribute,” and “reasonably be anticipated to endanger.” This statutory interpretation is corroborated by application of the major questions doctrine. The EPA further determines that GHG emission standards for new motor vehicles and engines do not impact in any material way the public health and welfare concerns identified in the Administrator's prior findings in 2009. On these multiple and independent bases, the EPA concludes that it lacks statutory authority to regulate GHG emissions in response to global climate change concerns under CAA section 202(a)(1), and is not finalizing the additional bases for repeal set out in the proposed rule.</P>
                    </SUM>
                    <EFFDATE>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>This final action is effective on April 20, 2026. The incorporation by reference of certain material listed in the action was approved by the Director of the Federal Register as of March 27, 2023, June 17, 2024, and June 21, 2024.</P>
                    </EFFDATE>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P/>
                        <P>
                            <E T="03">Docket:</E>
                             The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2025-0194. Publicly available docket materials are available either electronically at 
                            <E T="03">www.regulations.gov</E>
                             or in hard copy at Air and Radiation Docket and Information Center, EPA Docket Center, EPA/DC, EPA WJC West Building, 1301 Constitution Ave. NW, Room 3334, Washington, DC. For further information on EPA Docket Center services and the current status, please visit us online at 
                            <E T="03">www.epa.gov/dockets.</E>
                        </P>
                        <P>
                            <E T="03">Public Participation:</E>
                             Docket: All documents in the docket are listed on the 
                            <E T="03">www.regulations.gov</E>
                             website. Although listed in the index, some information is not publicly available, 
                            <E T="03">e.g.,</E>
                             confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form through the EPA Docket Center at the location listed in the 
                            <E T="02">ADDRESSES</E>
                             section of this document.
                        </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>
                            For information about this final action, contact Alan Stout, Transportation Sector Impacts and Standards Division, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4805; email address: 
                            <E T="03">stout.alan@epa.gov.</E>
                        </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <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 preamble and for reference purposes, the EPA defines the following terms and acronyms here:
                    </P>
                    <EXTRACT>
                        <FP SOURCE="FP-1">° C Degree Celsius</FP>
                        <FP SOURCE="FP-1">ABT Averaging, banking, and trading</FP>
                        <FP SOURCE="FP-1">ACC Advanced Clean Cars</FP>
                        <FP SOURCE="FP-1">ACT Advanced Clean Trucks</FP>
                        <FP SOURCE="FP-1">AEO Annual Energy Outlook</FP>
                        <FP SOURCE="FP-1">ANPRM Advanced notice of proposed rulemaking</FP>
                        <FP SOURCE="FP-1">APA Administrative Procedure Act</FP>
                        <FP SOURCE="FP-1">ASTM American Society for Testing and Materials</FP>
                        <FP SOURCE="FP-1">BEV Battery electric vehicle</FP>
                        <FP SOURCE="FP-1">BRICK Building Blocks for Relevant Ice and Climate Knowledge</FP>
                        <FP SOURCE="FP-1">CAA Clean Air Act</FP>
                        <FP SOURCE="FP-1">CAFE Corporate Average Fuel Economy</FP>
                        <FP SOURCE="FP-1">CBI Confidential Business Information</FP>
                        <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
                        <FP SOURCE="FP-1">
                            CH
                            <E T="52">4</E>
                             Methane
                        </FP>
                        <FP SOURCE="FP-1">CI Confidence interval</FP>
                        <FP SOURCE="FP-1">cm Centimeter</FP>
                        <FP SOURCE="FP-1">CO Carbon monoxide</FP>
                        <FP SOURCE="FP-1">
                            CO
                            <E T="52">2</E>
                             Carbon dioxide
                        </FP>
                        <FP SOURCE="FP-1">
                            CO
                            <E T="52">2</E>
                            <E T="03">e</E>
                             Carbon dioxide equivalent
                        </FP>
                        <FP SOURCE="FP-1">Cong. Rec. Congressional Record</FP>
                        <FP SOURCE="FP-1">CRA Congressional Review Act</FP>
                        <FP SOURCE="FP-1">CWG Climate Working Group</FP>
                        <FP SOURCE="FP-1">CY Calendar year</FP>
                        <FP SOURCE="FP-1">D.C. Circuit U.S. Court of Appeals for the District of Columbia Circuit</FP>
                        <FP SOURCE="FP-1">DHS U.S. Department of Homeland Security</FP>
                        <FP SOURCE="FP-1">DRIA Draft Regulatory Impact Analysis</FP>
                        <FP SOURCE="FP-1">EIA Energy Information Administration</FP>
                        <FP SOURCE="FP-1">EISA Energy Independence and Security Act</FP>
                        <FP SOURCE="FP-1">EPA U.S. Environmental Protection Agency</FP>
                        <FP SOURCE="FP-1">EPCA Energy Policy and Conservation Act of 1975</FP>
                        <FP SOURCE="FP-1">EV Electric vehicle</FP>
                        <FP SOURCE="FP-1">EVSE Electric vehicle supply equipment</FP>
                        <FP SOURCE="FP-1">E.O. Executive Order</FP>
                        <FP SOURCE="FP-1">FaIR Model Finite amplitude Impulse Response (v2.2.3) climate emulator model</FP>
                        <FP SOURCE="FP-1">FCEV Fuel cell electric vehicles</FP>
                        <FP SOURCE="FP-1">FEL Family emission limit</FP>
                        <FP SOURCE="FP-1">FIP Federal Implementation Plan</FP>
                        <FP SOURCE="FP-1">FR Federal Register</FP>
                        <FP SOURCE="FP-1">GHG Greenhouse gas</FP>
                        <FP SOURCE="FP-1">GMST Global mean surface temperature</FP>
                        <FP SOURCE="FP-1">GSLR Global sea level rise</FP>
                        <FP SOURCE="FP-1">GVWR Gross vehicle weight rating</FP>
                        <FP SOURCE="FP-1">H.R. Rep. House of Representative Report</FP>
                        <FP SOURCE="FP-1">HC Hydrocarbons</FP>
                        <FP SOURCE="FP-1">HD Heavy-duty</FP>
                        <FP SOURCE="FP-1">HDV Heavy-duty vehicle</FP>
                        <FP SOURCE="FP-1">HFC Hydrofluorocarbon</FP>
                        <FP SOURCE="FP-1">ICE Internal-combustion engine</FP>
                        <FP SOURCE="FP-1">ICEV Internal-combustion engine vehicles</FP>
                        <FP SOURCE="FP-1">ICR Information collection request</FP>
                        <FP SOURCE="FP-1">IPCC United Nations Intergovernmental Panel on Climate Change</FP>
                        <FP SOURCE="FP-1">IRA Inflation Reduction Act</FP>
                        <FP SOURCE="FP-1">LD Light-duty</FP>
                        <FP SOURCE="FP-1">LDV Light-duty vehicle</FP>
                        <FP SOURCE="FP-1">MAGICC Model for the Assessment of Greenhouse Gas Induced Climate Change</FP>
                        <FP SOURCE="FP-1">MD Medium-duty</FP>
                        <FP SOURCE="FP-1">MDV Medium-duty vehicle</FP>
                        <FP SOURCE="FP-1">MMT Million metric tons</FP>
                        <FP SOURCE="FP-1">MOVES EPA's MOtor Vehicle Emission Simulator</FP>
                        <FP SOURCE="FP-1">Mt Megatonnes</FP>
                        <FP SOURCE="FP-1">MY Model year</FP>
                        <FP SOURCE="FP-1">
                            N
                            <E T="52">2</E>
                            O Nitrous oxide
                        </FP>
                        <FP SOURCE="FP-1">NAAQS National Ambient Air Quality Standards</FP>
                        <FP SOURCE="FP-1">NAS National Academy of Sciences</FP>
                        <FP SOURCE="FP-1">NASEM National Academies of Sciences, Engineering, and Medicine</FP>
                        <FP SOURCE="FP-1">NCA5 Fifth National Climate Assessment</FP>
                        <FP SOURCE="FP-1">NHTSA National Highway Traffic Safety Administration</FP>
                        <FP SOURCE="FP-1">
                            NMOG + NO
                            <E T="52">X</E>
                             Nonmethane organic gases and oxides of nitrogen
                        </FP>
                        <FP SOURCE="FP-1">
                            NO
                            <E T="52">2</E>
                             Nitrogen dioxide
                        </FP>
                        <FP SOURCE="FP-1">
                            NO
                            <E T="52">X</E>
                             Oxides of nitrogen
                        </FP>
                        <FP SOURCE="FP-1">NTTAA National Technology Transfer and Advancement Act</FP>
                        <FP SOURCE="FP-1">
                            O
                            <E T="52">3</E>
                             Ozone
                        </FP>
                        <FP SOURCE="FP-1">OBBB One Big Beautiful Bill Act</FP>
                        <FP SOURCE="FP-1">OBD Onboard diagnostics</FP>
                        <FP SOURCE="FP-1">OMB Office of Management and Budget</FP>
                        <FP SOURCE="FP-1">OMEGA Model Optimization Model for reducing Emissions of GHGs from Automobiles</FP>
                        <FP SOURCE="FP-1">PHEV Plug-in Hybrid Electric Vehicles</FP>
                        <FP SOURCE="FP-1">PFCs Perfluorocarbons</FP>
                        <FP SOURCE="FP-1">PM Particulate Matter</FP>
                        <FP SOURCE="FP-1">
                            PM
                            <E T="52">2.5</E>
                             Fine particulate matter
                        </FP>
                        <FP SOURCE="FP-1">ppmv Parts per million by volume</FP>
                        <FP SOURCE="FP-1">PRA Paperwork Reduction Act</FP>
                        <FP SOURCE="FP-1">PSD Prevention of Significant Deterioration</FP>
                        <FP SOURCE="FP-1">Pub. L. Public Law</FP>
                        <FP SOURCE="FP-1">RESS Renewable Energy Storage System</FP>
                        <FP SOURCE="FP-1">
                            RFA Regulatory Flexibility Act
                            <PRTPAGE P="7687"/>
                        </FP>
                        <FP SOURCE="FP-1">RFS Renewable Fuel Standard</FP>
                        <FP SOURCE="FP-1">RIA Regulatory Impact Analysis</FP>
                        <FP SOURCE="FP-1">S. Rep. Senate Report</FP>
                        <FP SOURCE="FP-1">SAB Science Advisory Board</FP>
                        <FP SOURCE="FP-1">SCC Social Cost of Carbon</FP>
                        <FP SOURCE="FP-1">SDWA Safe Drinking Water Act</FP>
                        <FP SOURCE="FP-1">
                            SF
                            <E T="52">6</E>
                             Sulfur hexafluoride
                        </FP>
                        <FP SOURCE="FP-1">SIP State Implementation Plan</FP>
                        <FP SOURCE="FP-1">
                            SO
                            <E T="52">2</E>
                             Sulfur dioxide
                        </FP>
                        <FP SOURCE="FP-1">SOx Sulfur oxides</FP>
                        <FP SOURCE="FP-1">SSP2-4.5 Shared socioeconomic pathway 2 with a radiative forcing of 4.5 watts per square meter by 2100</FP>
                        <FP SOURCE="FP-1">Stat. Statutes at Large</FP>
                        <FP SOURCE="FP-1">U.S. United States</FP>
                        <FP SOURCE="FP-1">U.S.C. U.S. Code</FP>
                        <FP SOURCE="FP-1">UMRA Unfunded Mandates Reform Act</FP>
                        <FP SOURCE="FP-1">USGCRP U.S. Global Change Research Program</FP>
                        <FP SOURCE="FP-1">VOCs Volatile Organic Compounds</FP>
                        <FP SOURCE="FP-1">yr Year </FP>
                    </EXTRACT>
                    <HD SOURCE="HD1">Table of Contents</HD>
                    <EXTRACT>
                        <FP SOURCE="FP-2">I. General Information</FP>
                        <FP SOURCE="FP1-2">A. Does this action apply to me?</FP>
                        <FP SOURCE="FP1-2">B. Where can I get a copy of this document and other related information?</FP>
                        <FP SOURCE="FP1-2">C. Judicial Review and Administrative Review</FP>
                        <FP SOURCE="FP-2">II. Executive Summary</FP>
                        <FP SOURCE="FP1-2">A. Introduction</FP>
                        <FP SOURCE="FP1-2">B. Need for Regulatory Action</FP>
                        <FP SOURCE="FP1-2">C. Summary of Comments and Updates From the Proposal in This Final Action</FP>
                        <FP SOURCE="FP1-2">1. Issues Raised Regarding the Rulemaking Process</FP>
                        <FP SOURCE="FP1-2">2. Updates From the Proposal in This Final Action</FP>
                        <FP SOURCE="FP-2">III. Background</FP>
                        <FP SOURCE="FP1-2">A. The EPA's Historical Approach to CAA Section 202(a)(1)</FP>
                        <FP SOURCE="FP1-2">B. Petitions for Rulemaking and Massachusetts v. EPA</FP>
                        <FP SOURCE="FP1-2">C. The 2009 Endangerment Finding</FP>
                        <FP SOURCE="FP1-2">D. Implementation of the 2009 Endangerment Finding</FP>
                        <FP SOURCE="FP1-2">E. Reconsideration of the 2009 Endangerment Finding</FP>
                        <FP SOURCE="FP-2">IV. Legal Framework for Action</FP>
                        <FP SOURCE="FP1-2">A. Rescission of the Endangerment Finding</FP>
                        <FP SOURCE="FP1-2">1. Issues Raised Regarding Rescission Authority</FP>
                        <FP SOURCE="FP1-2">2. Issues Raised Regarding Reliance Interests</FP>
                        <FP SOURCE="FP1-2">B. Repeal of New Motor Vehicle and Engine GHG Emission Standards</FP>
                        <FP SOURCE="FP-2">V. Rescission of the Endangerment Finding</FP>
                        <FP SOURCE="FP1-2">A. Best Reading of CAA Section 202(a)(1)</FP>
                        <FP SOURCE="FP1-2">1. Final Rationale</FP>
                        <FP SOURCE="FP1-2">2. Summary of Comments and Updates Since Proposal</FP>
                        <FP SOURCE="FP1-2">B. Lack of Clear Congressional Authorization</FP>
                        <FP SOURCE="FP1-2">1. Final Rationale</FP>
                        <FP SOURCE="FP1-2">2. Summary of Comments and Updates Since Proposal</FP>
                        <FP SOURCE="FP1-2">C. Eliminating GHG Emissions From Motor Vehicles and Engines Would Be Futile</FP>
                        <FP SOURCE="FP1-2">1. Final Rationale</FP>
                        <FP SOURCE="FP1-2">2. Summary of Comments and Responses and Updates to the Final Action</FP>
                        <FP SOURCE="FP-2">VI. Additional Proposed Bases for Rescission of the Endangerment Finding and Repeal of GHG Emission Standards the Agency Is Not Finalizing at This Time</FP>
                        <FP SOURCE="FP1-2">A. Climate Science Alternative Basis</FP>
                        <FP SOURCE="FP1-2">B. There Is No Requisite Technology for Light- and Medium-Duty Vehicles That Meaningfully Addresses the Identified Dangers of the Six “Well-Mixed” GHGs</FP>
                        <FP SOURCE="FP1-2">C. There Is No Requisite Technology for Heavy-Duty Vehicles That Addresses the Identified Dangers of the Six “Well-Mixed” GHGs</FP>
                        <FP SOURCE="FP1-2">D. More Expensive New Vehicles Prevent Americans From Purchasing New Vehicles That Are More Efficient, Safer, and Emit Fewer GHGs</FP>
                        <FP SOURCE="FP-2">VII. Repeal of New Motor Vehicle and Engine GHG Emission Standards</FP>
                        <FP SOURCE="FP1-2">A. Scope and Impacts of Repealing the GHG Emission Standards</FP>
                        <FP SOURCE="FP1-2">B. Light- and Medium-Duty Vehicle GHG Program</FP>
                        <FP SOURCE="FP1-2">1. Background on the Light- and Medium-Duty Vehicle GHG Program</FP>
                        <FP SOURCE="FP1-2">2. Summary of Comments and Updates to the Light- and Medium-Duty Programs</FP>
                        <FP SOURCE="FP1-2">3. Changes to the Light- and Medium-Duty Vehicle GHG Regulations</FP>
                        <FP SOURCE="FP1-2">C. Heavy-Duty Engine and Vehicle GHG Program</FP>
                        <FP SOURCE="FP1-2">1. Background on the Heavy-Duty Engine and Vehicle GHG Program</FP>
                        <FP SOURCE="FP1-2">2. Summary of Comments and Updates to the Heavy-Duty Engine and Vehicle Programs</FP>
                        <FP SOURCE="FP1-2">3. Changes to the Heavy-Duty Engine and Vehicle GHG Regulations</FP>
                        <FP SOURCE="FP-2">VIII. Statutory and Executive Order Reviews</FP>
                        <FP SOURCE="FP1-2">A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory 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">1. 2024 LD and MD Multi-Pollutant Emission Standards Rule</FP>
                        <FP SOURCE="FP1-2">2. 2024 HD GHG Emission Standards Rule</FP>
                        <FP SOURCE="FP1-2">3. Nonroad Compression-Ignition Engines and On-Highway Heavy-Duty Engines, Supporting Statement for Information Collection Request (March 2023 Revision)</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="FP1-2">K. Congressional Review Act (CRA)</FP>
                    </EXTRACT>
                    <HD SOURCE="HD1">I. General Information</HD>
                    <HD SOURCE="HD2">A. Does this action apply to me?</HD>
                    <P>This action relates to companies that manufacture, sell, or import into the United States light-, medium-, or heavy-duty motor vehicles and engines. Potentially affected categories and entities include the following:</P>
                    <GPH SPAN="3" DEEP="144">
                        <GID>ER18FE26.002</GID>
                    </GPH>
                    <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 presently 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 is regulated by this action, you should carefully examine the applicability criteria found in Code of 
                        <PRTPAGE P="7688"/>
                        Federal Regulations (CFR) Title 40, parts 85, 86, 600, 1036, and 1037. If you have 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>
                    <HD SOURCE="HD2">B. Where can I get a copy of this document and other related information?</HD>
                    <P>
                        In addition to being available in the docket, an electronic copy of this final action is available on the internet at 
                        <E T="03">https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-rescission-greenhouse-gas-endangerment.</E>
                         Following publication in the 
                        <E T="04">Federal Register</E>
                        , the EPA will post the 
                        <E T="04">Federal Register</E>
                         version of the final action and key technical documents at this same website.
                    </P>
                    <HD SOURCE="HD2">C. Judicial Review and Administrative Review</HD>
                    <P>Under CAA section 307(b)(1), judicial review of this final action is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) by April 20, 2026. Under CAA section 307(b)(2), the requirements established by this final action may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce the requirements.</P>
                    <P>
                        CAA section 307(d)(7)(B) further provides that “[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review.” This section also provides a mechanism for the EPA to convene a proceeding for reconsideration “[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment, (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.” Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, U.S. Environmental Protection Agency, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both the person(s) listed in the preceding 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
                    </P>
                    <HD SOURCE="HD1">II. Executive Summary</HD>
                    <HD SOURCE="HD2">A. Introduction</HD>
                    <P>
                        In this final action, the EPA rescinds the Administrator's 2009 standalone decision entitled “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” 74 FR 66496 (Dec. 15, 2009) (“Endangerment Finding”) and repeals all GHG emission standards for light-duty (LD), medium-duty (MD), and heavy-duty (HD) vehicles and engines manufactured or imported into the United States (U.S.) for model years (MY) 2012 to 2027 and beyond. Upon review of the underlying actions, recent decisions by the U.S. Supreme Court, and the robust public response to the proposal, the EPA concludes that we lack statutory authority to maintain this novel and transformative regulatory program. The appropriate policy response to global climate change concerns is a decision vested in Congress, and Congress did not decide the Nation's policy response to these concerns when it enacted CAA section 202(a)(1) to address domestic air pollution problems nearly sixty years ago, or in any subsequent amendment thereto. Relatedly, the EPA concludes that regulating GHG emissions from new motor vehicles and engines under CAA section 202(a)(1) has no material impact on global climate change concerns animating the Agency's regulatory efforts since 2009, much less the adverse public health or welfare impacts attributed to such global climate trends. Climate impact modeling submitted during the public comment period, and confirmed by our own analysis, demonstrates that even the complete elimination of all GHG emissions from all new and existing vehicles in the U.S. would have only 
                        <E T="03">de minimis</E>
                         impacts that fall well within the standard margin of error for global temperature and sea level measurement. This evidence further supports our conclusion that the regulation of GHG emissions falls outside the scope of air pollution problems Congress addressed when enacting CAA section 202(a)(1) and, separately, leads us to conclude that maintaining GHG emission standards under CAA section 202(a)(1) would be unreasonable given their futility and the immense burdens they place on regulated parties, consumers, and the economy.
                    </P>
                    <P>
                        The EPA recognizes the gravity of this decision to the many stakeholders who submitted comments for and against to the proposal, including with respect to global climate change concerns and the burdens of our GHG regulatory program on manufacturers, auto workers, and American consumer choice and affordability. We closely reviewed the diverse array of scientific and technical information submitted in response to the proposal. The Administrator continues to harbor concerns regarding the scientific analysis contained in the Endangerment Finding, including because the decision severed the statutory analysis in multiple respects to assert the power to regulate GHG emissions in response to global climate change concerns. However, the Administrator is not basing this action on a new finding under CAA section 202(a)(1). Rather, we conclude that the EPA lacks statutory authority to resolve these questions under CAA section 202(a)(1). As recently as 2008, the Agency correctly understood that the statute was enacted to control air pollution that threatens health and welfare through local and regional exposure, and that launching a GHG emissions program under this authority would result in an unprecedented expansion of regulatory power with profound adverse effects on the economy and American households. With this final action, we return to fundamental principles governing decision-making within our democratic system: “Agencies have only those powers given to them by Congress,” 
                        <E T="03">West Virginia</E>
                         v. 
                        <E T="03">EPA,</E>
                         597 U.S. 697, 723 (2022), and “the scope of an agency's own power” is determined not by deference to asserted expertise, but by “the best reading of the statute,” which is fixed at the time of enactment. 
                        <E T="03">Loper Bright Enters.</E>
                         v. 
                        <E T="03">Raimondo,</E>
                         603 U.S. 369, 400-01 (2024).
                    </P>
                    <P>
                        In 2009, the EPA took the unprecedented step of asserting authority to regulate GHG emissions in a standalone action that broke new ground and launched the Agency into a course of regulation that fundamentally reshaped many aspects of the Nation's economic and social life.
                        <SU>1</SU>
                        <FTREF/>
                         In the Endangerment Finding, we interpreted CAA section 202(a)(1) for the first time to authorize regulation of domestic emissions from new motor vehicles and engines based on global climate change concerns rather than air pollution that endangers public health or welfare 
                        <PRTPAGE P="7689"/>
                        through local or regional exposure. 74 FR 66526-27. We relied on that interpretation to define both the relevant “air pollution” and the relevant “air pollutant” as the combination of six “well-mixed GHGs”—carbon dioxide (CO
                        <E T="52">2</E>
                        ), methane, nitrous oxide (N
                        <E T="52">2</E>
                        O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF
                        <E T="52">6</E>
                        )—while reserving the right to include additional “climate forcers” in these definitions in the future. 74 FR 66516-17, 66536-37. We also asserted that because the statute is “silent on [the] issue,” CAA section 202(a)(1) grants “procedural discretion” to issue standalone findings that trigger a duty to regulate without considering the standards that must be issued in response. 74 FR 66501-02. The Administrator exercised this newfound discretion to make separate findings, without analyzing or promulgating any emission standards, that elevated global concentrations in the upper atmosphere of the six “well-mixed GHGs” constitute “air pollution” that may reasonably be anticipated to endanger public health and welfare, 74 FR 66516-36, and that GHG emissions from all potential classes of motor vehicles and engines contribute to such elevated global concentrations of GHGs in the upper atmosphere and therefore to air pollution that endangers public health and welfare, 74 FR 66536-45.
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             
                            <E T="03">See also</E>
                             “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act: EPA's Response to Public Comments” (“EF RTC”), available in a Memorandum to Docket entitled “EPA's Response to Public Comments on the 2009 Endangerment and Cause or Contribute Findings for Greenhouse Gases: Volumes 1-11,” Document ID EPA-HQ-OAR-2025-0149.
                        </P>
                    </FTNT>
                    <P>With respect to endangerment, the Administrator found that global concentrations of six “well-mixed” GHGs from all foreign and domestic sources “constitute the largest anthropogenic driver of climate change” and attributed climate change impacts to global GHG concentrations. 74 FR 66517. Next, the Administrator summarized literature reviews finding that climate change “can increase the risk of morbidity and mortality” indirectly through increased global temperature, air quality effects, and effects on extreme weather events and can impact welfare indirectly through impacts on sea level rise and coastal areas, food production and agriculture, forestry, water resources, energy, infrastructure, and settlements, and ecosystems and wildlife. 74 FR 66523-35. On that basis, the Administrator found that global concentrations of six “well-mixed” GHGs constitute “air pollution” that endangers public health and welfare. 74 FR 66516. For purposes of this preamble, we use the phrase “global climate change concerns” to refer to the public health and welfare risks the Administrator associated with global climate change in the Endangerment Finding and subsequent actions since 2009.</P>
                    <P>
                        With respect to causation or contribution, the Administrator used annual emissions data for existing motor vehicles and engines from 2005 to project that all potential classes of new motor vehicles and engines would emit four GHGs—CO
                        <E T="52">2</E>
                        , methane, N
                        <E T="52">2</E>
                        O, and HFCs—that collectively amounted to 4.3 percent of annual global GHG emissions and implicitly would continue in future years. 74 FR 66543. The Administrator acknowledged that a greater degree of contribution would usually be required to meet the statute's contribution element “when addressing a more typical local or regional air pollution problem.” 74 FR 66539. Nevertheless, asserting discretion to interpret the ambiguous term “contribute,” the Administrator found that the “unique” nature of global climate change meant that “contributors must do their part even if their contributions to the global climate change problem, measured in terms of percentage, are smaller than typically encountered when tackling solely regional or local environmental issues.” 74 FR 66542-43. In other words, the Administrator justified the Endangerment Finding on the theory that although the situation was “unique” and the “contribution” of domestic new motor vehicles and engines was not in line with the Agency's prior course of regulation under CAA section 202(a)(1), action was needed because all source categories and all other nations must “do their part” to avoid “a tragedy of the commons.” 
                        <E T="03">Id.</E>
                         On that basis, the Administrator found that annual emissions from new motor vehicles and engines “contributed” to the “air pollution,” defined anew for those purposes as the accumulated global concentrations of the six “well-mixed” GHGs, that endangered public health and welfare by giving rise to global climate change concerns. 74 FR 66537.
                    </P>
                    <P>
                        The EPA subsequently relied on the Endangerment Finding to impose increasingly stringent GHG emission standards for new motor vehicles and engines and to attempt, largely without success, to extend the GHG initiative into additional CAA programs. In 
                        <E T="03">Utility Air Regulatory Group</E>
                         v. 
                        <E T="03">EPA,</E>
                         573 U.S. 302 (2014) (
                        <E T="03">UARG</E>
                        ), the Supreme Court largely rejected our attempt to extend GHG emission standards to stationary sources subject to Title I and Title V requirements as exceeding our authority under the CAA, including because we admitted that applying the statutory scheme as written to GHG emissions from most covered stationary sources would be unworkable and attempted to rewrite the statute by regulation. And in 
                        <E T="03">West Virginia</E>
                         v. 
                        <E T="03">EPA,</E>
                         597 U.S. 697 (2022), the Court vacated our attempt to shift the power grid away from using fossil fuels through GHG standards for existing power plants under CAA section 111(d). The Court held in both cases that the agency actions at issue implicated the major questions doctrine and that Congress must clearly authorize agencies to take actions that decide major questions of policy. Nevertheless, the EPA continued to retain and expand GHG emission standards for new motor vehicles and engines that impose billions of dollars in annual compliance costs on American businesses and consumers and reflect an increasing trend toward forcing a transition to the use of electric vehicles (EVs) rather than gasoline- or diesel-fueled motor vehicles and engines.
                        <SU>2</SU>
                        <FTREF/>
                         Meanwhile, global GHG concentrations in the upper atmosphere have continued to rise, driven primarily by increased emissions from foreign sources,
                        <SU>3</SU>
                        <FTREF/>
                         all without producing the degree of adverse impacts to public health and welfare in the U.S. anticipated in the 2009 Endangerment Finding.
                        <SU>4</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>2</SU>
                             The EPA is not relying on the Regulatory Impact Analysis (RIA) prepared pursuant to Executive Order (E.O.) 12866 in any of the bases for this final action. Except where expressly stated, none of the legal bases for repeal in section V of this preamble reflect cost considerations, which are not relevant for purposes of this final action in determining the best reading of CAA section 202(a)(1). For the limited instances in which cost is relevant as a general consideration, we discuss cost separately from, and do not rely upon, the RIA prepared pursuant to E.O. 12866.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>3</SU>
                             Crippa, M. et al. (2023). GHG emissions of all world countries. 
                            <E T="03">Publications Office of the European Union: https://doi.org/10.2760/953322.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>4</SU>
                             The EPA is not relying on new findings by the Administrator with respect to global climate change concerns under CAA section 202(a)(1) as a basis for the rescission or repeals and is not finalizing the alternative basis set out in section IV.B of the preamble to the proposed rule. We are rescinding the Endangerment Finding and repealing all associated GHG emission standards for the reasons discussed in this preamble, which make it unnecessary and inappropriate to resolve outstanding scientific questions regarding global climate change concerns in the regulatory context of CAA section 202(a)(1). Nevertheless, the bases for this final action should not be understood as an additional endorsement or ratification of the scientific analysis in the Endangerment Finding. 
                            <E T="03">See</E>
                             section VI.A of this preamble for further discussion.
                        </P>
                    </FTNT>
                    <P>
                        Upon reconsideration, the EPA now acknowledges that the Endangerment Finding and subsequent regulations exceeded the Agency's statutory authority under CAA section 202(a)(1). These actions rested on a profound misreading of the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         v. 
                        <E T="03">EPA,</E>
                         549 U.S. 497 (2007), which vacated the denial of a petition for rulemaking in 
                        <PRTPAGE P="7690"/>
                        which we concluded that CO
                        <E T="52">2</E>
                         and three other GHGs fell outside the statutory definition of “air pollutant” in CAA section 302(g) and should not be regulated for additional policy reasons. As we later explained in a 2008 advance notice of proposed rulemaking entitled “Regulating Greenhouse Gas Emissions Under the Clean Air Act,” the statute was “enacted to control regional pollutants that cause direct health effects,” and regulating GHG emissions under its provisions “could result in an unprecedented expansion of EPA authority that would have a profound effect on virtually every sector of the economy and touch every household in the land.” 73 FR 44354, 44355 (July 30, 2008) (“2008 ANPRM”). Intervening legal developments reinforce our conclusion that Congress did not decide the Nation's policy response to global climate change concerns in CAA section 202(a)(1), let alone clearly authorize the EPA to make that policy choice by prescribing emission standards that force a transition to EVs. Nor does climate impact modeling suggest that the EPA's initiative has been anything but futile, which further supports the conclusion that CAA section 202(a)(1) was not designed with such a problem in mind. The inability of the EPA's GHG emission standards to materially impact the identified risks both corroborates the interpretation of CAA section 202(a)(1) adopted in this final action and serves as an independent basis to revoke those standards, separate and apart from the question of statutory interpretation and of the nature of the EPA's authority under this provision.
                    </P>
                    <P>The remainder of this section describes the need for regulatory action and the scope of this final action, the repeal of new motor vehicle and engine GHG emission standards for MYs 2012 to 2032 and beyond, and minor conforming adjustments to unrelated emission standards for new motor vehicles and engines that we are not altering as part of this rulemaking. We acknowledge that the EPA's decision to regulate new motor vehicle and engine GHG emissions has caused significant expenditure of resources by, and an imposition of burdens on, Federal, State, local, and private-sector entities, and consider those interests to the extent possible consistent with limits on our statutory authority. These interests emphasize the need for urgent action to avoid further expenditures in reliance on an unlawful regulatory framework that does not further public health or welfare in any material respect relevant to the global climate change concerns identified and relied upon in the 2009 Endangerment Finding.</P>
                    <P>
                        Section III of this preamble sets out relevant background, including the EPA's prior positions on regulating GHGs, the Supreme Court's decision in 
                        <E T="03">Massachusetts,</E>
                         the EPA's response in the 2008 ANPRM and events leading up to the Endangerment Finding, the approach taken in the Endangerment Finding, and the regulations issued by the EPA since 2009 as a result of the Endangerment Finding. We also summarize the premises, assumptions, and conclusions in the Endangerment Finding and the developments since 2009 that led the Administrator to develop concerns sufficient to initiate reconsideration of the ongoing validity and reliability of the Endangerment Finding in early 2025.
                    </P>
                    <P>Section IV of this preamble describes our legal authority to rescind the Endangerment Finding and repeal the resulting GHG emission standards issued under CAA section 202(a)(1). Because this final action does not impact fuel economy standards or emission standards for criteria pollutants and hazardous air pollutants regulated under the CAA, we explain the relationship between these regulations to set the outer bounds of the amendments at issue in this rulemaking. We summarize comments received on our authority for this final action, which largely acknowledged that the EPA may reconsider the prior actions covered by this rulemaking provided that we offer an adequate basis for the rescission and repeals, along with our responses to these comments.</P>
                    <P>
                        Section V.A of this preamble finalizes the rescission and repeals of these prior actions on the basis that the Endangerment Finding exceeded our statutory authority under CAA section 202(a)(1). First, we conclude that the term “air pollution” as used in CAA section 202(a)(1) is best read in context as pollution that threatens health or welfare through local or regional exposure, consistent with the ordinary meaning of the term at the time of enactment, the statute's structure and history, and the EPA's longstanding practice before 2009. Second, we conclude that CAA section 202(a)(1) does not grant the Administrator “procedural discretion” to issue standalone findings that trigger a duty to regulate without analyzing and promulgating the required emission standards, or, conversely, to prescribe standards without making the requisite findings for the air pollutant emissions and class or classes of new motor vehicles or engines at issue. Third, we conclude that CAA section 202(a)(1) does not authorize the Administrator to sever the finding of endangerment from the finding of causation or contribution such that there is no nexus between the emissions at issue and the identified dangers to public health or welfare. Rather, CAA section 202(a)(1) requires the Administrator to find that the relevant air pollutant emissions from the class or classes of new motor vehicles or engines at issue cause, or contribute to, the same air pollution that the Administrator finds endangers public health or welfare, without relying on international emissions not covered by the statute. As the Supreme Court made clear in 
                        <E T="03">Loper Bright,</E>
                         we can no longer rely on statutory silence or ambiguity to expand our regulatory power. We also explain that the EPA reached contrary conclusions in the Endangerment Finding by redefining key statutory terms and misconstruing the Supreme Court's decision in 
                        <E T="03">Massachusetts,</E>
                         which, even on its own terms, did not purport to require the Agency to launch a GHG regulatory program under CAA section 202(a)(1). We briefly summarize the public comments received for and against this interpretation, including with respect to the meaning of “air pollution” in context and the scope of 
                        <E T="03">Massachusetts,</E>
                         as well as our general responses to these comments.
                    </P>
                    <P>
                        Section V.B of this preamble finalizes the rescission and repeals on the additional basis that the Nation's potential response to global climate change concerns is an issue that has significant economic and policy impacts, including to Americans' basic way of life, that Congress did not clearly authorize the EPA to decide by invoking authority to prescribe emission standards under CAA section 202(a)(1). We conclude, consistent with 
                        <E T="03">West Virginia, UARG,</E>
                         and other relevant precedents, that the Nation's policy response to global climate change concerns is a question for Congress to decide in the first instance. Because nothing in the statute clearly authorizes the Administrator to assert the power to resolve this major question by prescribing emission standards, let alone by mandating a shift toward EVs, we conclude that CAA section 202(a)(1) does not authorize the Endangerment Finding or subsequent regulations. We briefly summarize public comments received for and against this invocation of the major questions doctrine, including the assertion by some commenters that 
                        <E T="03">Massachusetts</E>
                         shields CAA section 202(a)(1) from this analysis, and our general responses to these comments.
                        <PRTPAGE P="7691"/>
                    </P>
                    <P>
                        Section V.C of this preamble sets out the robust public response to our request for comments on the efficacy of new motor vehicle and engine GHG emission standards in addressing the global climate change concerns animating the Endangerment Finding and subsequent regulations. We summarize the climate impact modeling submitted by commenters and the updated modeling we performed to evaluate the competing data and conclusions received. As explained below, we conclude that even the complete elimination of all GHG emissions from all new and existing LD, MD, and HD vehicles in the U.S. would not alter predicted trends in global mean surface temperature (GMST) 
                        <SU>5</SU>
                        <FTREF/>
                         or global mean sea level rise (GSLR) 
                        <SU>6</SU>
                        <FTREF/>
                         beyond 
                        <E T="03">de minimis</E>
                         levels that are below the accepted variability in GMST and GSLR measurement. Assuming for purposes of this final action the validity and the uncertainties inherent in the relevant models, the EPA estimates that the elimination of all U.S. vehicle and engine GHG emissions would result in an approximately 0.013 degree Celsius (°C) difference in GMST increase by 2050 compared to the baseline and an approximately 0.037 °C difference by 2100 compared to the baseline. Using similar methods, we estimate that this scenario would result in an approximately 0.09-centimeter (cm) difference in GSLR by 2050 compared to the baseline and an approximately 1.40 cm difference by 2100 compared to the baseline. For context, variability in GMST measurement from 2016 to 2025 was 0.14 °C, which is almost four times greater than the modeled GMST impact by 2100 of eliminating all U.S. vehicle and engine GHG emissions.
                        <SU>7</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>5</SU>
                             As GMST is a widely used metric for tracking temperature changes related to global climate change concerns, we use the term interchangeably with “global temperature” within this preamble and supporting documentation.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             As GSLR is a widely used metric for tracking sea level rise related to global climate change concerns, we use the term interchangeably with “global sea level,” “sea level,” and “sea level rise” within this preamble and supporting documentation.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             NOAA National Centers for Environmental Information, 
                            <E T="03">Climate at a Glance: Global Time Series,</E>
                             NOAAGlobalTemp, (Jan. 2026) 
                            <E T="03">available at https://ncei.noaa.gov/access/monitoring/climate-at-a-glance/global/time-series/globe/land_ocean/tavg/ytd/12/1950-2025.</E>
                        </P>
                    </FTNT>
                    <P>
                        Importantly, this scenario is a dramatic overestimation of the potential impacts of GHG emission standards, which apply only to new vehicles and engines and do not eliminate emissions from existing vehicles. Taking this reality into account, the anticipated impact of GHG emission standards under CAA section 202(a)(1) is a further fraction of the modeled impacts of eliminating all U.S. vehicle and engine GHG emissions. Under an illustrative scenario in which the modeled impacts are discounted by 50 percent, which generally reflects the emission reductions requirements of the EPA's most recent 2024 LD and MD Multi-Pollutant Emission Standards Rule and 2024 HD GHG Emission Standards Rule (together, 2024 GHG Emission Standards Rules) that further restricted GHG emissions from MY 2027 levels for MY 2032 and beyond, we estimate an approximately 0.007 °C difference in GMST increase by 2050 and 0.019 °C by 2100 and an approximately 0.005 cm difference in GSLR by 2050 and 0.7 cm by 2100, all of which amount to one percent or less of the total projected change from the baseline. We conclude that these impacts are 
                        <E T="03">de minimis</E>
                         and that the futility of GHG emission standards under CAA section 202(a)(1) further supports the understanding that Congress did not design that provision to authorize or require the Administrator to prescribe standards in response to global climate change concerns. In addition, we conclude that the futility of the GHG emission standards renders maintaining such regulations unreasonable, separate and apart from the validity of the Endangerment Finding, because the enormous costs imposed do not materially further public health or welfare. Under any legal standard, it is unreasonable for the EPA to impose trillions of dollars in costs on manufacturers and American consumers in exchange for results that do not materially further congressional objectives—at least absent an extraordinarily clear indication in the statutory text. We briefly summarize public comments received on these aspects of the proposal and set out our general responses, including the assertion by some commenters that 
                        <E T="03">Massachusetts</E>
                         requires EPA to ignore the practical effect of its regulations when making findings under CAA section 202(a)(1) and when promulgating the regulations required by such findings.
                    </P>
                    <P>
                        Section VI of this preamble describes the additional bases in the proposal that we are not finalizing in this action, including the alternative basis in section IV.B of the preamble to the proposed rule that the Administrator exercise discretion under CAA section 202(a)(1) to rescind the Endangerment Finding and repeal associated regulations by making a superseding finding. We received comments in support of this alternative basis, including from commenters asserting that the EPA compiled and analyzed the scientific record unreasonably in 2009 by severing the analysis of endangerment and contribution and issuing findings separately from emission standards and from commenters asserting that the scientific record did not then, or does not now, provide the certainty necessary to make such findings. We also received comments in opposition to this alternative basis, including from commenters asserting that the scientific record supporting the findings is “overwhelming” and has been strengthened in the intervening years. Although the Administrator continues to harbor concerns regarding many of the scientific inputs and analyses underlying the Endangerment Finding, we are not finalizing this alternative given our conclusion that the EPA lacks statutory authority to regulate in response to global climate change concerns under CAA section 202(a)(1). The legal interpretation finalized in this action means that we cannot resolve remaining scientific controversies in this regulatory context and renders it unnecessary and inappropriate to invoke the Administrator's authority to exercise judgment on these questions under that provision.
                        <SU>8</SU>
                        <FTREF/>
                         Furthermore, we explain that we are not finalizing several of the additional bases for repealing GHG emission standards set out in section V of the preamble to the proposed rule, which are similarly unnecessary given the predicate conclusion on the scope of our authority under CAA section 202(a)(1). We briefly summarize the input received on these alternatives in the interests of transparency and public engagement but are not responding to comments on these specific issues, which are outside the scope of the bases for this final action.
                    </P>
                    <FTNT>
                        <P>
                            <SU>8</SU>
                             For similar reasons, and in light of concerns raised by some commenters about the draft report authored by the U.S. Department of Energy's Climate Working Group (CWG), the EPA is not relying on the May 27, 2025 CWG draft report entitled “Impact of Carbon Dioxide Emissions on the U.S. Climate” or the July 23, 2025 CWG report entitled “A Critical Review of Impacts of Greenhouse Gas Emissions on the U.S. Climate” for any aspect of this final action.
                        </P>
                    </FTNT>
                    <P>
                        Section VIII of this preamble details the scope of the repeals, including its relationship to distinct regulatory programs and Federal preemption, the revisions to 40 CFR parts 85, 86, 600, 1036, 1037, and 1039 required to effectuate repeal of all new motor vehicle and engine GHG emission standards, and conforming adjustments to regulatory provisions that we did not reopen or propose to substantively revise. Specifically, we are not changing 
                        <PRTPAGE P="7692"/>
                        elements of the regulations that are necessary for programs unrelated to the GHG emission standards, including emission standards for criteria pollutants, emission standards for hazardous air pollutants, or regulatory provisions related to the EPA's statutory role in vehicle fuel-economy standards administered by the National Highway Traffic Safety Administration (NHTSA).
                    </P>
                    <P>As explained in detail below, the conclusions presented in sections V.A, V.B, and V.C of this preamble provide independent grounds for rescinding the 2009 Endangerment Finding and repealing the GHG emission standards. Moreover, the conclusions in section V.A of this preamble—that “air pollution” as used in CAA section 202(a)(1) is best read as pollution that threatens public health or welfare through local or regional exposure; that the Administrator cannot trigger the duty to regulate without analyzing and promulgating standards; and that the finding of endangerment cannot be severed from the finding of causation of contribution—are all also independent conclusions that stand on their own. Each basis for this final action presented in section V of this preamble is severable, and each basis alone provides sufficient justification to rescind the Endangerment Finding and repeal the GHG emission standards for new motor vehicles and engines. If any basis is determined in the course of judicial review to be invalid, that partial invalidation will not affect the other bases, and the EPA intends the remainder of this final action stand on the remaining basis or bases.</P>
                    <P>
                        This preamble includes an overview of the EPA's rationale, including several technical documents developed in support of this final action, as well as summaries of comments received during the public hearing on the proposal, additional consultation and listening sessions, and via the rulemaking docket. For a full summary of comments received and our complete responses thereto, please see the “Response to Comments” document available in the docket for this rulemaking.
                        <SU>9</SU>
                        <FTREF/>
                         The final Regulatory Impact Analysis (RIA) for this rulemaking, on which we did not rely for any aspect of this final action, is also available in the docket for this rulemaking.
                        <SU>10</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>9</SU>
                             “Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act: Response to Comments.” EPA 420-R-26-003. February 2026.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>10</SU>
                             “Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act: Regulatory Impact Analysis.” EPA-420-R-26-002. February 2026.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">B. Need for Regulatory Action</HD>
                    <P>
                        Immediately upon taking office in 2025, President Trump established as the policy of the United States new Executive Branch priorities for energy, transportation, and consumer choice and committed agencies to ensuring regulations remain within constitutional and statutory bounds. On January 20, 2025, the President issued E.O. 14154, entitled “Unleashing American Energy,” to address the burdens placed by unnecessary regulations on energy affordability, job creation, and national security.
                        <SU>11</SU>
                        <FTREF/>
                         The President directed the Administrator to submit recommendations to the Director of the Office of Management and Budget (OMB) on the legality and continuing applicability of the 2009 Endangerment Finding.
                        <SU>12</SU>
                        <FTREF/>
                         On February 19, 2025, the President issued E.O. 14219, entitled “Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative,” which further instructed agencies, including the EPA, to review existing regulations for consistency with the Constitution and the best reading of the authorizing statute.
                        <SU>13</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>11</SU>
                             Executive Order 14154, 90 FR 8353 (Jan. 29, 2025).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>12</SU>
                             
                            <E T="03">Id.</E>
                             section 6(f).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             Executive Order 14219, 90 FR 10583 (Feb. 25, 2025).
                        </P>
                    </FTNT>
                    <P>
                        Upon confirmation by the Senate, Administrator Lee Zeldin committed the EPA to prioritizing its core statutory missions and ensuring that all regulatory actions are clearly grounded in statutory authority and the best reading of the law. As part of these efforts, and consistent with E.O. 14154, the Administrator initiated a review of the legality and applicability of the Endangerment Finding. On February 19, 2025, the Administrator submitted a memorandum to the OMB Director recommending that the EPA reconsider the Endangerment Finding to address legal and scientific developments that appeared to undermine the bases for that action and subsequent regulations.
                        <SU>14</SU>
                        <FTREF/>
                         The Administrator noted that recent Supreme Court decisions, including 
                        <E T="03">Loper Bright, West Virginia,</E>
                          
                        <E T="03">UARG,</E>
                         and 
                        <E T="03">Michigan</E>
                         v. 
                        <E T="03">EPA,</E>
                         576 U.S. 743 (2015), provided further instruction as to how we should interpret and apply the statutes Congress entrusted us to administer.
                        <SU>15</SU>
                        <FTREF/>
                         The Administrator further noted that the Endangerment Finding recognized significant uncertainties in its conclusions and assumptions that should be evaluated in light of more recent empirical data and scientific evidence.
                        <SU>16</SU>
                        <FTREF/>
                         Accordingly, the Administrator announced on March 12, 2025, that the EPA would reconsider the Endangerment Finding and subsequent actions to determine whether our GHG regulations have an adequate statutory basis and to seek public input on developments since 2009.
                        <SU>17</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>14</SU>
                             Memorandum from Lee Zeldin, Administrator, U.S. Environmental Protection Agency, to Russell Vought, Director, Office of Management and Budget (Feb. 19, 2025) (Feb. 19, 2025 Memo), available in the docket for this rulemaking.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>15</SU>
                             
                            <E T="03">Id.</E>
                             at 1.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>16</SU>
                             
                            <E T="03">Id.</E>
                             at 8.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>17</SU>
                             “Trump EPA Kicks Off Formal Reconsideration of Endangerment Finding with Agency Partners” (Mar. 12, 2025), 
                            <E T="03">available at https://www.epa.gov/newsreleases/trump-epa-kicks-formal-reconsideration-endangerment-finding-agency-partners.</E>
                        </P>
                    </FTNT>
                    <P>On July 29, 2025, the Administrator signed a proposed rule setting out the results of the EPA's reconsideration to date and proposing to rescind the Endangerment Finding and repeal all GHG emission standards for LD, MD, and HD new motor vehicles and engines promulgated since 2009 under CAA section 202(a)(1). “Reconsideration of 2009 Endangerment Finding and Greenhouse Gas Vehicle Standards,” 90 FR 36288 (Aug. 1, 2025). We proposed that the term “air pollution” in CAA section 202(a)(1) is best read in context as referring to pollution that threatens public welfare through local or regional exposure, consistent with historical practice and principles of proximate cause, such that the EPA's regulatory authority does not extend to global climate change concerns. Relatedly, we proposed that the major questions doctrine applies to the question whether the EPA may decide the Nation's policy response to global climate change concerns and that Congress did not clearly delegate that decision when it authorized the Agency to prescribe emission standards for new motor vehicles and engines. We also proposed that the Endangerment Finding departed from the statute in additional ways by asserting “procedural discretion” to issue findings separately from the required standards and severing the question whether GHG emissions from motor vehicles and engines contribute to increases in global GHG concentrations from the question whether cumulative global GHG concentrations endanger public health and welfare.</P>
                    <P>
                        In the alternative, we proposed that the Administrator exercise discretion under CAA section 202(a)(1) to issue a new finding that the conclusions reached in the Endangerment Finding 
                        <PRTPAGE P="7693"/>
                        are not supported by the scientific record, including because the EPA unreasonably compiled and analyzed the record in 2009 and because intervening developments have cast significant doubt on the Endangerment Finding's core premises and assumptions. For example, we proposed that data from 2009-2024 demonstrate that many of the predictive analyses relied upon in the Endangerment Finding were overly pessimistic and underestimated the ability of natural processes to compensate for the identified trends.
                    </P>
                    <P>
                        Finally, we proposed three alternative bases to repeal the GHG emission standards separate and apart from the proposed rescission of the Endangerment Finding. First, we proposed that there is no “requisite technology,” as required for emission standards to go into effect under CAA section 202(a)(2), that is capable of having a measurable impact on the global climate change concerns that were the basis of the Endangerment Finding. Second, we proposed that the Agency's GHG regulatory program is futile because emissions from covered vehicles have a 
                        <E T="03">de minimis</E>
                         impact on global climate change concerns and that this consideration bears on the proper interpretation and implementation of CAA section 202(a)(1). Third, we proposed that the GHG emission standards harm public health and welfare on balance by increasing prices and decreasing consumer choice, thereby slowing the replacement of older vehicles that are less safe and emit a greater volume and variety of air pollutants. We sought comment on these and additional issues throughout the proposal, including the EPA's authority to reconsider and rescind the Endangerment Finding, relevant data and information bearing on the efficacy of the GHG emission standards, and any additional reasons we should consider for repealing or retaining the Endangerment Finding and associated regulations.
                    </P>
                    <HD SOURCE="HD2">C. Summary of Comments and Updates From the Proposal in This Final Action</HD>
                    <P>
                        This final action is informed by the significant public input received from a diverse array of stakeholders since publication of the proposal in the 
                        <E T="04">Federal Register</E>
                         on August 1, 2025. The EPA extended the original comment deadline of September 15, 2025, to September 22, 2025.
                        <SU>18</SU>
                        <FTREF/>
                         To facilitate participation, we held four days of virtual public hearings on August 19 through August 22, 2025, during which we heard oral testimony from more than 600 speakers. Consistent with the EPA's Tribal Consultation Policy, we also invited all federally recognized Tribes to participate in consultation, which resulted in four consultation sessions in addition to oral testimony and written submissions from several federally recognized Tribes and tribal organizations. For more information on public participation, see the public hearing, tribal consultation, and meeting summaries available in the docket for this rulemaking.
                    </P>
                    <FTNT>
                        <P>
                            <SU>18</SU>
                             90 FR 39345 (Aug. 15, 2025).
                        </P>
                    </FTNT>
                    <P>
                        The EPA received approximately 572,000 written comments from more than 31,000 unique entities and 169 mass letter writing campaigns during the public comment period, including written submissions received in connection with the public hearing and Tribal consultation sessions. The EPA considered all input received during the public comment period in evaluating this final action, and all written comments, as well as a transcript of the public hearing, are available in the docket for this rulemaking.
                        <SU>19</SU>
                        <FTREF/>
                         Given the significant volume of comments received, this preamble includes summaries of relevant comments in the appropriate subsection, along with summaries of the EPA's responses. For more detailed descriptions of comments received and our responses, see the Response to Comments document available in the docket for this rulemaking.
                        <SU>20</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>19</SU>
                             
                            <E T="03">See</E>
                             42 U.S.C. 7607(d)(1)(C), (d)(4)(B)(i), (d)(5)-(6). Note that although all public comments are posted in the docket, the EPA has not considered or responded separately to comments received after the close of the comment period on September 22, 2025.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>20</SU>
                             “Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act: Response to Comments.” EPA 420-R-26-003. February 2026.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">1. Issues Raised Regarding the Rulemaking Process</HD>
                    <P>The EPA received comments on rulemaking process, including with respect to the length of the comment period and the content of the proposed rule. The EPA notes that most commenters did not raise concerns with these aspects of the rulemaking process and believes that the large volume of comments received and extensive participation in the public hearing demonstrate that interested stakeholders were able to submit views, data, and information for consideration. Below, we summarize comments received on the rulemaking process along with our responses.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Many commenters appreciated the chance to weigh in on the underlying science relevant to the Endangerment Finding and regulations under CAA section 202(a)(1) for the first time since 2009 and asserted that the rulemaking process allowed ample public participation and was consistent with statutory requirements.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA appreciates and agrees with these comments. As discussed in the proposed rule, we believe that public participation on regulatory issues of this magnitude is essential to good government. Because we are not finalizing many of the alternative bases for the proposed rescission and repeals, this final action does not resolve or substantively respond in full to issues raised in public comments that are outside the scope of the bases finalized in this action. We look forward to further engagement on these additional topics in the future. For further discussion of the alternative bases we are not finalizing, please see section VI of this preamble and the Response to Comments document.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Other commenters argued that we should have provided a longer comment period, including a comment period of up to six months, given the scope of this rulemaking and significant public interest in the underlying issues. Some of these commenters suggested that the statute requires providing a “reasonable” period for public comment. Others pointed to language in E.O. 12866 providing that “a meaningful opportunity to comment on any proposed regulation . . . should include a comment period of not less than 60 days.”
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees with these comments. The significant volume of comments received during the comment period, as well as the number of participants in the four-day public hearing, demonstrate that the interested public had a reasonable opportunity to participate in this rulemaking by engaging with the EPA. The public comment period fully satisfied the CAA's detailed requirements for public participation. For example, CAA section 307(d)(5) requires that the Administrator allow “thirty days after completion of the [public hearing] to provide an opportunity for submission of rebuttal and supplementary information,” 
                        <SU>21</SU>
                        <FTREF/>
                         and CAA section 307(h) states the intent of Congress that the Administrator “ensure a reasonable period for public participation of at least 30 days.” 
                        <SU>22</SU>
                        <FTREF/>
                         With respect to E.O. 12866, we note that the language cited generally tracks the less detailed rulemaking provisions of the 
                        <PRTPAGE P="7694"/>
                        Administrative Procedure Act (APA) rather than the specific processes Congress established as applicable to this rulemaking in CAA section 307(d), and is intended as non-binding, general guidance for agency rulemakings that yields to more specific statutes and circumstances.
                        <SU>23</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>21</SU>
                             
                            <E T="03">See</E>
                             42 U.S.C. 7607(d)(5).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>22</SU>
                             
                            <E T="03">See</E>
                             42 U.S.C. 7607(h).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>23</SU>
                             
                            <E T="03">See</E>
                             58 FR 51735, 51740 (Oct. 4, 1993) (providing that “each agency 
                            <E T="03">should</E>
                             afford the public a meaningful opportunity to comment on any proposed regulation, which 
                            <E T="03">in most cases should</E>
                             include a comment period of not less than 60 days”) (emphases added).
                        </P>
                    </FTNT>
                    <P>
                        <E T="03">Comment:</E>
                         Some commenters asserted that the proposed rule was procedurally flawed under CAA section 307(d)(3) for various reasons, including the assertion that we should have directly referenced, summarized, and included in the docket pertinent findings by the National Academy of Sciences (NAS). These commenters asserted that we should repropose with additional discussion of NAS materials, which, they assert, are central to the rulemaking.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees that the proposal was procedurally flawed in any manner that impacts this final action. The statement of basis and purpose included in the proposal satisfied the requirements of CAA section 307(d)(3)(A)-(C) by including not only the factual data, methodology, and major legal interpretations and policy considerations relevant to the proposal, but also a detailed discussion of relevant factual and legal developments since 2009 impacting the EPA's reconsideration.
                        <SU>24</SU>
                        <FTREF/>
                         With respect to the NAS, the statute references only “pertinent findings, recommendations, and comments” by the NAS and discussion of differences from the proposal only when it “differs in any important respect.” 
                        <SU>25</SU>
                        <FTREF/>
                         In section IV.B of the preamble to the proposed rule, we explained that the Administrator had considered the most recently available scientific information, including assessments by the U.S. Global Change Research Program (USGCRP) and United Nations Intergovernmental Panel on Climate Change (IPCC). With respect to discussion of global climate change concerns, the NAS findings cited by these commenters or in previous EPA rulemakings rely upon, and are duplicative of, these assessments.
                        <SU>26</SU>
                        <FTREF/>
                         In other respects, the NAS findings deal with matters that were not pertinent to the substance of the proposal, including particular emissions-reduction technologies,
                        <SU>27</SU>
                        <FTREF/>
                         matters pertaining to criteria pollutant standards,
                        <SU>28</SU>
                        <FTREF/>
                         and how to utilize Social Cost of Carbon (SCC) methodologies in an RIA or similar analysis.
                        <SU>29</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>24</SU>
                             42 U.S.C. 7607(d)(3)(A)-(C).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>25</SU>
                             42 U.S.C. 7607(d)(3).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>26</SU>
                             
                            <E T="03">See, e.g.,</E>
                             88 FR 29184, 29208, 29394 (May 5, 2023) (proposed HD GHG emission standards) (briefly citing NAS findings together with USGCRP and IPCC reports). To the extent commenters cited or intended to reference the September 2025 report developed, published, and submitted by the NAS during the comment period for the purposes of informing this rulemaking, we note that the Administrator could not have considered the September 2025 report when signing the proposal in July 2025.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>27</SU>
                             
                            <E T="03">See, e.g.,</E>
                             88 FR 29284-86 (discussing NAS findings on challenges and advantages associated with particular technologies for reducing vehicle emissions). The EPA notes that none of the bases finalized in this action, including the futility basis discussed in section V of this preamble, turn on the relative advantages of particular technologies in reducing GHG emissions from vehicles and engines. Rather, we are finalizing that GHG emission standards under CAA section 202(a)(1) do not have more than a 
                            <E T="03">de minimis</E>
                             impact on the health and welfare dangers identified in the Endangerment Finding because even the complete elimination of GHG emissions from new and existing LD, MD, and HD vehicles would not materially impact GMST or GSLR as a proxy for adverse impacts to public health and welfare.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>28</SU>
                             
                            <E T="03">See, e.g.,</E>
                             88 FR 29224 (discussing NAS materials related to particulate matter, ozone, NO
                            <E T="52">X</E>
                            , sulfur oxides (SO
                            <E T="52">X</E>
                            ), and hazardous air pollutants). As noted at proposal, the EPA is not addressing criteria emission standards in this rulemaking, and incidental co-benefits of GHG emission standards are not pertinent to the legal bases on which we are relying in this final action.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>29</SU>
                             
                            <E T="03">See, e.g.,</E>
                             88 FR 29370-72 (discussing methodologies for estimating and utilizing SCC). As noted at proposal, the EPA has consistently viewed criticisms of the SCC methodology as out of scope because it played no role in the Endangerment Finding and is not relevant to the statutory standard for regulation under CAA section 202(a). Moreover, the U.S. Government is no longer using the SCC methodology for purposes of estimating costs and benefits.
                        </P>
                    </FTNT>
                    <P>
                        In any event, commenters did not identify NAS materials pertinent to the bases on which we are relying in this final action. Whether CAA section 202(a)(1) authorizes the EPA to regulate in response to global climate change concerns by prescribing emission standards is a matter of statutory interpretation, not scientific analysis within the NAS's purview. As explained in section VI of this preamble, we are not finalizing the alternative proposal to base the rescission and repeals on a new finding by the Administrator under CAA section 202(a)(1). We note that the NAS developed and submitted during the public comment period for this rulemaking a new report responding to the concerns underlying the alternative proposal.
                        <SU>30</SU>
                        <FTREF/>
                         This submission and additional NAS materials regarding the science of climate change are not pertinent to the bases for this final action, which are legal in nature and rest on statutory interpretation, application of judicial precedent, and legal conclusions drawn from modeling generally accepted for purposes of predicting impacts within the causal framework endorsed by the Endangerment Finding. As discussed in section V.C of this preamble, the NAS has expressed approval for and encouraged the development of the underlying models the EPA is using in this action to evaluate comments received on futility and reach conclusions about the impact of futility on the legality of the Endangerment Finding and associated GHG emission standards.
                    </P>
                    <FTNT>
                        <P>
                            <SU>30</SU>
                             
                            <E T="03">See</E>
                             Comment ID EPA-HQ-OAR-2025-0194-0756, NAS 2025, “Effects of Human-Caused Greenhouse Gas Emissions on U.S. Climate, Health, and Welfare.” Washington, DC: The National Academies Press.
                        </P>
                    </FTNT>
                    <P>
                        <E T="03">Comment:</E>
                         Additionally, some commenters asserted that the proposed rule should have been made available to the Science Advisory Board (SAB) before publication. These commenters asserted that SAB input is centrally relevant to the rulemaking but generally acknowledged that the EPA did not submit the Endangerment Finding or subsequent reconsideration denials in 2010 and 2022 to the SAB for prior review.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         By statute, the Administrator is to make available to the SAB “any proposed criteria document, standard, limitation, or regulation” when such material “is provided to any other Federal agency for formal review and comment.” 
                        <SU>31</SU>
                        <FTREF/>
                         The proposal for this rulemaking, which sought comment on rescinding the Endangerment Finding and related GHG emission standards, was not a “criteria document, standard, limitation, or regulation” that would impose obligations on the EPA or any regulated entities if finalized. We note that the EPA used the same interpretation to propose and finalize the Endangerment Finding, as well as issue the 2010 and 2022 denials of petitions for reconsideration, without prior SAB review. Whereas those actions obligated and maintained the obligation for the EPA to issue GHG emission standards that are subject to SAB review, the actions contemplated in the proposal would relieve the Agency of the obligation to maintain and issue regulations with SAB input as well as ongoing obligations for regulated parties. Nor did we submit the proposal to “any other Federal agency for formal review and comment.” The EPA has previously taken the position that “formal” consultation is not required for CAA section 202(a)(1) actions and that informal interagency review as part of the non-statutory E.O. 12866 process is 
                        <PRTPAGE P="7695"/>
                        not encompassed within the statutory term “formal review and comment.” 
                        <SU>32</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>31</SU>
                             42 U.S.C. 4365(c)(1).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>32</SU>
                             
                            <E T="03">See</E>
                             Resp. Br. 75-79, 
                            <E T="03">Delta Constr. Co.</E>
                             v. 
                            <E T="03">EPA, No. 11-1428</E>
                             (filed Nov. 24, 2014);
                            <E T="03"> Coal. for Responsible Regulation, Inc.</E>
                             v. 
                            <E T="03">EPA,</E>
                             684 F.3d 102, 124 (D.C. Cir. 2012), reversed in part in 
                            <E T="03">UARG,</E>
                             573 U.S. 302 (noting “it is not clear that EPA provided the Endangerment Finding” to any other agency and that petitioners failed to respond to the argument).
                        </P>
                    </FTNT>
                    <P>
                        Given the nature of the proposal and the legal bases on which the EPA relies in this final action, the possibility of SAB review is not material to the outcome of this rulemaking. Because we conclude that CAA section 202(a)(1) does not authorize the EPA to regulate in response to global climate change concerns, this final action does not turn on scientific findings made with respect to the validity, certainty, or extent of global climate change. We note that the D.C. Circuit has previously determined that failing to secure SAB review of the Endangerment Finding was not “of such central relevance” that there is a “substantial likelihood” the action “would have been significantly changed” absent such failure.
                        <SU>33</SU>
                        <FTREF/>
                         Commenters provided no reason to conclude that SAB review of this rulemaking to rescind the Endangerment Finding would be of central relevance for the first time, particularly given the ample recommendations already provided on previously promulgated GHG emission standards and the legal nature of the rationales being finalized.
                    </P>
                    <FTNT>
                        <P>
                            <SU>33</SU>
                             
                            <E T="03">Coal. for Responsible Regulation,</E>
                             684 F.3d at 124 (quoting 42 U.S.C. 7607(d)(8)); 
                            <E T="03">see also</E>
                              
                            <E T="03">Am. Petrol. Inst.</E>
                             v. 
                            <E T="03">Costle,</E>
                             665 F.2d 1176, 1188-89 (D.C. Cir. 1981) (similar with respect to ozone standard not submitted for SAB review).
                        </P>
                    </FTNT>
                    <P>
                        <E T="03">Comment:</E>
                         Finally, commenters offered competing positions on the EPA's proposal to rescind the 2022 and 2010 denials of petitions for reconsideration entitled “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act; Final Action on Petitions,” 87 FR 25412 (Apr. 29, 2022), and “EPA's Denial of the Petitions to Reconsider the Endangerment and Cause or Contribute Finding for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” 75 FR 49556 (Aug. 13, 2010).
                        <SU>34</SU>
                        <FTREF/>
                         Supportive commenters argued that the 2022 and 2010 petitions raised a variety of valid procedural, legal, scientific, and transparency-related issues with the Endangerment Finding. Conversely, adverse commenters asserted that the EPA erred in proposing to rescind the petition denials at the same time as proposing to rescind the Endangerment Finding, which was the subject of the petitions for reconsideration. These commenters argued that we lack authority to rescind a petition denial and provided insufficient rationale in the proposal to support such a rescission.
                    </P>
                    <FTNT>
                        <P>
                            <SU>34</SU>
                             As noted at proposal, the 2022 petition denials included a notice of decision in the 
                            <E T="04">Federal Register</E>
                            <E T="03">,</E>
                             brief letters communicating the denials to the petitioners, and a decision document entitled “EPA's Denial of Petitions Relating to the Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act” (Apr. 21, 2022) (“2022 Denials”), available online at 
                            <E T="03">https://www.epa.gov/system/files/documents/2022-04/decision_document.pdf.</E>
                        </P>
                    </FTNT>
                    <P>
                        <E T="03">Response:</E>
                         The EPA appreciates the comments received on this issue and is taking the opportunity to clarify that the 2022 and 2010 reconsideration petition denials no longer represent the Agency's views and should not be relied upon for any statements inconsistent with this final action. As explained at proposal, the petition denials already had no prospective legal effect and were not binding on the EPA or interested parties. We proposed to rescind the petition denials along with the Endangerment Finding and associated GHG emission standards to promote consistency and avoid confusion, as the petition denials relied in large part on the prior positions in those actions that we proposed to abandon. In this final action, we are repudiating the EPA's positions since 2009 to the extent and for the reasons set out in section V of this preamble. We are also finalizing rescission of the petition denials because those decisions affirmed the same legal positions and, moreover, decided scientific questions that are unnecessary and inappropriate for the Agency to address under CAA section 202(a)(1). For discussion of the EPA's authority to reconsider prior actions unless provided otherwise by the governing statute, see section IV of this preamble.
                    </P>
                    <HD SOURCE="HD3">2. Updates From the Proposal in This Final Action</HD>
                    <P>The EPA received supportive and adverse comments on virtually all substantive aspects of the proposal from a wide variety of stakeholders, including vehicle and engine manufacturers and suppliers, nearly all 50 States and the District of Columbia, elected representatives at the local, State, and Federal levels (including many members of the U.S House of Representatives and the U.S. Senate), consumer and labor groups, EV advocates, manufacturers, and suppliers, educational institutions, environmental groups, and individual citizens. With respect to the primary basis for the proposed repeal, we received detailed comments offering legal arguments for and against our proposed interpretation of the statute and the applicability and impact of the major questions doctrine. With respect to the alternative bases for the proposed repeal, we received extensive data, models, and arguments on virtually every aspect of climate science and climate impacts discussed at proposal. Submissions related to the alternative climate science basis for rescission and repeal in section IV.B of the preamble to the proposed rule constituted the largest share of public comments received. Commenters also submitted substantial information in response to our request for comment on the alternative rationales in section V of the preamble to the proposed rule, including data and modeling addressing the historical and potential impacts of GHG emission standards under CAA section 202(a)(1) on the global climate change concerns animating the Endangerment Finding, such as trends in GMST and GSLR.</P>
                    <P>The EPA is finalizing the primary basis for the rescission and repeals as proposed for the reasons stated in section V of this preamble. We conclude that the best reading of the statute does not authorize the EPA to prescribe GHG emission standards based on global climate change concerns and, moreover, that EPA erred in issuing the Endangerment Finding as a standalone action that severed the consideration of endangerment from the consideration of contribution and failed to engage with the standards that must issue when making such a finding. We further conclude, as proposed, that the major questions doctrine applies and bars the EPA from asserting the authority to decide the Nation's policy response to global climate change concerns, including by attempting to force a shift to EVs, based on language authorizing the Agency to prescribe emission standards. Finally, we conclude that the inability of GHG emission standards under CAA section 202(a)(1) to measurably impact the global climate change concerns identified in the Endangerment Finding further supports our interpretation of the statute and provides an additional reason to repeal the GHG emission standards.</P>
                    <P>
                        In light of these conclusions, and as discussed further in section VI of this preamble, the EPA is not finalizing the alternative proposed bases for rescission and repeal. The robust public response to the alternative climate science basis revealed ongoing disagreement among commenters with respect to aspects of the scientific analysis underpinning the Endangerment Finding, including the certainty of the causal chain, the extent of endangerment attributable to U.S. new motor vehicle and engine 
                        <PRTPAGE P="7696"/>
                        emissions, the countervailing domestic benefits of global climate change, and the capacity of natural and human systems to adapt and mitigate potential adverse impacts and the relevance of such topics to the analysis. However, we conclude that the EPA lacks statutory authority to regulate GHG emissions from new motor vehicles and engines in the first instance under CAA section 202(a)(1). Accordingly, although the Administrator continues to harbor concerns regarding the scientific determinations underlying the 2009 Endangerment Finding, we cannot resolve these questions under our regulatory authority in CAA section 202(a)(1), and comments received on these subjects are outside the scope of this final action. Similarly, the EPA's lack of authority to regulate GHG emissions from new motor vehicles and engines places comments on the alternative bases for repealing the standards—including the “requisite technology” requirement in CAA section 202(a)(2) and additional factors relative to standards-setting—outside the scope of this final action.
                    </P>
                    <P>
                        This final action removes all existing regulations that require new motor vehicle and engine manufacturers to measure, report, or comply with GHG emission standards. Specifically, the EPA is removing regulations in 40 CFR parts 85, 86, 600, 1036, and 1037 pertaining to the control of GHG emissions from LD, MD, and HD new motor vehicles and engines, including emission standards; test procedures; averaging, banking, and trading (ABT) requirements; reporting requirements; and fleet-average emission requirements.
                        <SU>35</SU>
                        <FTREF/>
                         As a result of these changes, motor vehicle and engine manufacturers no longer have future or current obligations for the measurement, control, or reporting of GHG emissions for any vehicle or engine, including for previously manufactured MYs. However, we did not reopen or modify any regulations necessary for criteria pollutant and air toxic measurement and standards, Corporate Average Fuel Economy (CAFE) testing, and associated fuel economy labeling requirements.
                    </P>
                    <FTNT>
                        <P>
                            <SU>35</SU>
                             “Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards,” 75 FR 25324 (May 7, 2010); “Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles,” 76 FR 57106 (Sept. 15, 2011); “2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards,” 77 FR 62624 (Oct. 15, 2012); “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles-Phase 2,” 81 FR 73478 (Oct. 25, 2016); “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks,” 85 FR 24174 (Apr. 30, 2020); “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards,” 86 FR 74434 (Dec. 30, 2021); “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles,” 89 FR 27842 (Apr. 18, 2024) (2024 LD and MD Multi-Pollutant Emission Standards Rule); “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3,” 89 FR 29440 (Apr. 22, 2024) (2024 HD GHG Emission Standards Rule).
                        </P>
                    </FTNT>
                    <P>The EPA received comments from stakeholders related to the proposed revisions to the engine and vehicle GHG regulations. In general, we are finalizing the vast majority of the proposed regulatory changes for LD and MD engines and vehicles. For HD engines and vehicles, we are removing the GHG emission standards and related certification and compliance procedures, as proposed. However, in a change from the proposal, we are retaining the test procedures and compliance regulatory elements in the EPA regulations referenced by NHTSA in their regulatory program such that NHTSA can continue to implement its HD fuel efficiency program. Relevant comments and our responses are summarized in section VII of this preamble and the Response to Comments document accompanying this final action.</P>
                    <P>The EPA also received comments on our analyses included in the Draft Regulatory Impact Analysis (DRIA). A summary of these comments and the EPA's responses is included in the Response to Comments document accompanying this final action. The EPA made a number of updates to the analyses included in the final RIA, which is available in the docket for this rulemaking.</P>
                    <HD SOURCE="HD1">III. Background</HD>
                    <HD SOURCE="HD2">A. The EPA's Historical Approach to CAA Section 202(a)(1)</HD>
                    <P>
                        Congress originally enacted the language that became CAA section 202(a)(1) as part of the Motor Vehicle Pollution Control Act of 1965, which required the Secretary of Health, Education, and Welfare to “prescribe . . . standards, applicable to the emission of any kind of substance, from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause or contribute to, or are likely to cause or contribute to, air pollution which endangers the health or welfare of any persons.” 
                        <SU>36</SU>
                        <FTREF/>
                         Congress retained this language, while adding additional requirements for the content of emission standards, in the Air Quality Act of 1967,
                        <SU>37</SU>
                        <FTREF/>
                         and, later, incorporated it into the Clean Air Act of 1970, which transferred the Secretary's regulatory authority to the newly created EPA and directed the Agency to issue standards that achieved significant reductions in certain criteria pollutants in the near-term.
                        <SU>38</SU>
                        <FTREF/>
                         Separately, the 1970 CAA addressed emissions from existing vehicles and engines, stationary sources, and aircraft engines.
                        <SU>39</SU>
                        <FTREF/>
                         In the following decades, Congress repeatedly amended CAA section 202 to specify particular regulatory goals and to require the EPA to regulate certain pollutants. Some of these provisions instructed the EPA to use CAA section 202(a)(1) in particular ways, while others separately directed the regulation of specified classes of vehicles or engines or specified air pollutants. As subsequently amended,
                        <SU>40</SU>
                        <FTREF/>
                         CAA section 202 has remained a critical part of the comprehensive national framework for regulating air pollution, with Title II authorities for mobile sources working in tandem with the National Ambient Air Quality Standards (NAAQS) program and Title I authorities for stationary sources.
                        <SU>41</SU>
                        <FTREF/>
                         Emission standards issued under CAA section 202 trigger requirements and enforcement mechanisms that can impose substantial liabilities on manufacturers and other regulated parties. Additional provisions in Title II prohibit selling, importing, or marketing vehicles and engines not in compliance with applicable emission standards, with violations subject to injunctive relief and significant monetary penalties.
                        <SU>42</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>36</SU>
                             Public Law 89-272, section 202(a), 79 Stat. 992, 992-93 (1965).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>37</SU>
                             Public Law 90-148, section 202(a), 81 Stat. 485, 499 (1967).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>38</SU>
                             Public Law 91-604, 84 Stat. 1690 (1970).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>39</SU>
                             
                            <E T="03">Id.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>40</SU>
                             In the CAA Amendments of 1977, Congress replaced the phrase “which endangers the public health or welfare” with “which may reasonably be anticipated to endanger public health or welfare.” Public Law 95-95, section 401(d)(1), 91 Stat. 685, 791 (1977); Public Law 101-549, section 203, 104 Stat. 2399, 2474 (1990).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>41</SU>
                             
                            <E T="03">See West Virginia,</E>
                             597 U.S. at 707-11 (describing the relationship among the CAA's Title I programs).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>42</SU>
                             42 U.S.C. 7522-24. By regulation, the EPA has established a number of compliance and enforcement mechanisms specific to particular emission standards regimes, including GHG emission standards. For example, we have adopted a credit system whereby regulated parties that do not achieve the standards for a particular MY may carry forward a deficit for a certain number of years, provided that the entity overcomply in future years or purchase credits to make up for the prior shortfall. 40 CFR 86.1865-12.
                        </P>
                    </FTNT>
                    <P>
                        In its first four decades administering the statute, the EPA invoked CAA section 202(a)(1) relatively infrequently and, in each case, to address local and regional air pollution problems through rulemakings that both prescribed 
                        <PRTPAGE P="7697"/>
                        standards and set forth the Administrator's findings that the relevant air pollutant emissions cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.
                        <SU>43</SU>
                        <FTREF/>
                         From 1965 to 2009, we invoked CAA section 202(a)(1) in at least fifteen final rules governing LD, MD, and HD vehicle and engine and motorcycle emissions of hydrocarbons (HC) and other volatile organic compounds (VOCs), carbon monoxide (CO), oxides of nitrogen (NO
                        <E T="52">X</E>
                        ), particulate matter (PM), and certain air toxics.
                        <SU>44</SU>
                        <FTREF/>
                         Where possible, we relied in these final rules on more specific authorities provided elsewhere in CAA section 202, including subsections (a)(3)(B)-(D) for HD vehicles, (a)(3)(E) for motorcycles, and (
                        <E T="03">l</E>
                        ) for air toxics. Each of these regulations involved criteria pollutants or compounds that Congress expressly enumerated in CAA section 202 through iterative statutory amendments and addressed in additional provisions throughout the statute.
                        <SU>45</SU>
                        <FTREF/>
                         We hewed closely to the vehicle and engine emission air pollution problems that Congress itself identified and did not use CAA section 202(a)(1) to expand into new regulatory arenas. As further explained in the following subsections, the EPA maintained this approach until 2009 and never invoked CAA section 202(a)(1) to regulate in response to global climate change concerns during this period.
                    </P>
                    <FTNT>
                        <P>
                            <SU>43</SU>
                             
                            <E T="03">See</E>
                             74 FR 66501, 66527, 66538, 66543 (Dec. 15, 2009) (acknowledging this regulatory history).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>44</SU>
                             
                            <E T="03">See</E>
                             72 FR 8428 (Feb. 26, 2007); 69 FR 2398 (Jan. 15, 2004); 66 FR 5002 (Jan. 18, 2001); 65 FR 59896 (Oct. 6, 2000); 65 FR 6698 (Feb. 10, 2000); 62 FR 54694 (Oct. 21, 1997); 62 FR 31192 (June 6, 1997); 60 FR 34326 (June 30, 1995); 60 FR 4712 (Jan. 24, 1995); 59 FR 48472 (Sept. 21, 1994); 59 FR 16262 (Apr. 6, 1994); 53 FR 43870 (Oct. 31, 1988); 49 FR 3010 (Jan. 24, 1984); 48 FR 48598 (Oct. 19, 1983); 45 FR 63734 (Sept. 25, 1980).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>45</SU>
                             
                            <E T="03">See</E>
                             Public Law 101-549, section 203, 104 Stat. 2399, 2474 (1990); Public Law 91-604, section 6, 84 Stat. 1676, 1690 (1970).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">B. Petitions for Rulemaking and Massachusetts v. EPA</HD>
                    <P>
                        In October 1999, a coalition of 19 environmental organizations petitioned the EPA to regulate the emission of four GHGs—CO
                        <E T="52">2</E>
                        , methane, N
                        <E T="52">2</E>
                        O, and HFCs—from new motor vehicles and engines under CAA section 202(a)(1). Petitioners claimed that these four GHGs were “air pollutant[s]” under CAA section 302(g), significantly contributed to global climate change, and met the statutory standard for regulation under CAA section 202(a)(1). Thus, petitioners claimed that the EPA had the authority and obligation to find that GHG emissions from new motor vehicles and engines cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare and to prescribe standards in response.
                    </P>
                    <P>
                        In September 2003, after receiving and responding to nearly 50,000 public comments on the relevant issues, the EPA denied the 1999 petitions in a final action titled “Control of Emissions from New Highway Vehicles and Engines,” 68 FR 52922 (Sept. 8, 2003) (“2003 Denial”). The 2003 Denial asserted three primary reasons for denying the petitions. First, after “examin[ing] the fundamental issue of whether the CAA authorizes the imposition of control requirements” to “reduce the risk of global climate change,” we concluded that “CO
                        <E T="52">2</E>
                         and other GHGs cannot be considered `air pollutants' subject to the CAA's regulatory provisions for any contribution they may make to global climate change.” 68 FR 52925. Citing the Supreme Court's decision in 
                        <E T="03">FDA</E>
                         v. 
                        <E T="03">Brown &amp; Williamson Tobacco Corp.,</E>
                         529 U.S. 120 (2000), we noted that the CAA does not address GHGs as a regulatory matter, including in then-recent amendments, and that the “EPA has used these provisions to address air pollution problems that occur primarily at ground level or near the surface of the earth.” 68 FR 52926. On this basis, we concluded that GHGs “are not air pollutants under the CAA's regulatory provisions, including sections 108, 109, 111, 112, and 202” because they categorically are not “air pollutant[s]” under the Act-wide definition in CAA section 302(g). 68 FR 52928. Second, we raised in the alternative several policy reasons for declining to regulate GHGs, including that regulating GHG emissions from motor vehicles and engines under the CAA would interfere with NHTSA's authority to implement fuel economy standards. 68 FR 52929. We also asserted that regulating GHG emissions from motor vehicle engines under the CAA would undermine then-President Bush's policy approach of addressing global climate change concerns comprehensively through voluntary actions and incentives, the promotion of research and technologies, and international negotiations. 68 FR 52930-31. That is, we reasoned that establishing GHG emission standards through unilateral action would “result in an inefficient, piecemeal approach to addressing the climate change issue” because “all significant sources and sinks of GHG emissions” should be considered in deciding the best way to achieve emissions reductions. 68 FR 52931.
                    </P>
                    <P>
                        In 
                        <E T="03">Massachusetts,</E>
                         the Supreme Court narrowly reversed the D.C. Circuit's decision upholding the EPA's denial of the 1999 petitions for rulemaking.
                        <SU>46</SU>
                        <FTREF/>
                         The Court took particular issue with the EPA's reading of the Act-wide definition in CAA section 302(g), ruling that “[t]he Clean Air Act's sweeping definition of `air pollutant' . . . embraces all airborne compounds of whatever stripe” and provided no textual basis for excluding CO
                        <E T="52">2</E>
                         or the three other GHGs raised in the petitions for rulemaking. 549 U.S. at 528-29. The Court also addressed the EPA's reliance on 
                        <E T="03">Brown &amp; Williamson,</E>
                         which the majority construed as having found no congressional intent to ban the sale of tobacco products outright because such an application of the relevant statute would have been highly unlikely and because the Food and Drug Administration (FDA) had expressly refused to assert such authority in the past. 
                        <E T="03">Id.</E>
                         at 530-31. In contrast, in 
                        <E T="03">Massachusetts,</E>
                         the Court found that the CAA did not reflect a congressional intent to categorically exclude GHGs and, citing several EPA memoranda, that we had not similarly foresworn all authority to regulate GHGs as a categorical matter. 
                        <E T="03">Id.</E>
                    </P>
                    <FTNT>
                        <P>
                            <SU>46</SU>
                             The D.C. Circuit majority had upheld the denial on the merits because “the EPA Administrator properly exercised his discretion under section 202(a)(1) in denying the petition for rulemaking.” Massachusetts v. EPA, 415 F.3d 50, 58 (D.C. Cir. 2005). The dissent argued that CAA section 202(a)'s breadth provided the EPA sufficient authority to regulate GHGs, that more specific authorization was not required, and that the EPA's policy justifications were inadequate reasons to deny the petitions. 
                            <E T="03">Id.</E>
                             at 67-82 (Tatel, J., dissenting).
                        </P>
                    </FTNT>
                    <P>
                        Notably, the Court expressly declined to decide whether the EPA was required to issue an endangerment finding as to GHG emissions under the standard set out in CAA section 202(a)(1). 
                        <E T="03">Id.</E>
                         at 534 (“We need not and do not reach the question whether on remand EPA must make an endangerment finding.”). Nor did the Court address “whether policy concerns can inform EPA's actions in the event that it makes such a finding.” 
                        <E T="03">Id.</E>
                         at 534-35. Rather, the Court emphasized that the scope of its review of the denial of a rulemaking petition was “extremely limited,” 
                        <E T="03">id.</E>
                         at 527-28 (citation omitted), and held that we must respond to the petitions by deciding whether GHG emissions from new motor vehicles and engines meet the standard for regulation in CAA section 202(a)(1) or whether the science was too uncertain to make any determination, and that, in doing so, we must “ground [our] reasons for action or inaction in the statute,” 
                        <E T="03">id.</E>
                         at 535.
                        <SU>47</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>47</SU>
                             Writing for four members of the Court, Chief Justice Roberts would have dismissed the petitions for review for lack of Article III standing. 549 U.S. at 535 (Roberts, C.J., joined by Scalia, Thomas, and Alito, J.J., dissenting). Writing for the same four 
                            <PRTPAGE/>
                            members of the Court, Justice Scalia would have denied the petitions on the grounds that the Administrator reasonably exercised judgment in declining to regulate and that CAA section 302(g)'s definition of “air pollutant” does not clearly encompass CO
                            <E T="52">2</E>
                             and other GHGs that naturally occur in the ambient air. 549 U.S. at 549 (Scalia, J., joined by Roberts, C.J., and Thomas and Alito, J.J., dissenting).
                        </P>
                    </FTNT>
                    <PRTPAGE P="7698"/>
                    <HD SOURCE="HD2">C. The 2009 Endangerment Finding</HD>
                    <P>
                        The EPA responded to the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         by issuing the 2008 ANPRM. In the 2008 ANPRM, the Administrator began by noting it was “clear that if EPA were to regulate [GHG] emissions from motor vehicles under the Clean Air Act,” the interplay between CAA section 202(a)(1) and similarly worded statutory provisions “could result in an unprecedented expansion of EPA authority that would have a profound effect on virtually every sector of the economy and touch every household in the land.” 73 FR 44355. The Administrator cautioned that because the CAA was “originally enacted to control regional pollutants that cause direct health effects,” invoking authority to regulate GHG emissions “would inevitably result in a very complicated, time-consuming, and, likely, convoluted set of regulations” that “would be relatively ineffective at reducing [GHG] concentrations” and have a “potentially damaging effect on jobs and the U.S. economy.” 
                        <E T="03">Id.</E>
                    </P>
                    <P>
                        The 2008 ANPRM echoed the Administrator's concerns by seeking public comment on invoking CAA section 202(a)(1) to regulate new motor vehicle and engine emissions in response to global climate change concerns. We acknowledged that the CAA “was not specifically designed to address GHGs,” 73 FR 44397, and that the EPA had historically interpreted and applied its CAA regulatory authorities as extending to local and regional air pollution problems, 73 FR 44408. We further noted that Congress was considering legislation to address the Nation's response to global climate change concerns and that, since 
                        <E T="03">Massachusetts,</E>
                         Congress had passed and the President had signed into law the Energy Independence and Security Act (EISA),
                        <SU>48</SU>
                        <FTREF/>
                         which amended provisions applicable to the EPA's Renewable Fuels Standard (RFS) program and NHTSA's CAFE standards program. 73 FR 44398. Finally, we noted that the EPA received additional petitions to regulate stationary sources and additional GHGs, including water vapor, all of which suggested that GHG emission regulations could not readily be limited to new motor vehicles and engines. 73 FR 44399 &amp; n.26.
                    </P>
                    <FTNT>
                        <P>
                            <SU>48</SU>
                             Public Law 110-140, 121 Stat. 1492 (2007).
                        </P>
                    </FTNT>
                    <P>
                        As to CAA section 202(a)(1), the 2008 ANPRM set out a framework for determining whether “GHG emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public welfare” under CAA section 202(a)(1) or for “explain[ing] why scientific uncertainty is so profound that it prevents making a reasoned judgment on such a determination.” 73 FR 44398, 44421. We reviewed available information for CO
                        <E T="52">2</E>
                        , methane, and N
                        <E T="52">2</E>
                        O emissions and noted that HFCs, PFCs, and SF
                        <E T="52">6</E>
                         are “often grouped together” and separately from the rest “because they contain fluorine, typically have large global warming potentials, and are produced only through human activities.” 73 FR 44401-02.
                        <SU>49</SU>
                        <FTREF/>
                         With respect to endangerment, we sought comment on whether GHGs could properly be considered air pollution that endangers public health or welfare because the potential health effects are indirect and the potential welfare effects may be positive on balance. 73 FR 44427. In addition, we sought comment on whether “the unique characteristics and properties of each GHG . . . as well as current and projected emissions” meant that each GHG should be analyzed individually or whether certain GHGs other than CO
                        <E T="52">2</E>
                         were amenable to grouping. 73 FR 44428. With respect to causation or contribution, we presented motor vehicle and engine emissions data for each GHG separately and noted that emission trends had diverged between pollutants, with CO
                        <E T="52">2</E>
                         emissions, for example, generally increasing since 1990 and N
                        <E T="52">2</E>
                        O emissions, for example, increasing from 1990 to 1995 and then falling substantially from 1995 to 2006 because of fuel and technology changes. 73 FR 44430. We also presented extensive information on potential regulatory approaches that could be triggered by a positive finding under CAA section 202(a)(1), including approaches specific to particular GHGs. 73 FR 44438-63.
                    </P>
                    <FTNT>
                        <P>
                            <SU>49</SU>
                             In the 2008 ANPRM, the EPA noted that the most recently available IPCC analysis concluded that “[t]he anthropogenic combined heating effect (referred to as forcing) of [methane], N
                            <E T="52">2</E>
                            O, HFCs, PFCs and SF
                            <E T="52">6</E>
                             is about 40% as large as the CO
                            <E T="52">2</E>
                             cumulative heating effect since pre-industrial times.” 73 FR 44423.
                        </P>
                    </FTNT>
                    <P>
                        Following a change in administration, however, the EPA proposed in April 2009 and finalized in December 2009 a much different approach to analyzing GHG emissions from new motor vehicles and engines under CAA section 202(a)(1). In the Endangerment Finding, the Administrator found that “the science [was] sufficiently certain” to compel a determination and interpreted 
                        <E T="03">Massachusetts</E>
                         as “allow[ing] for the consideration only of science.” 74 FR 66501. The Administrator interpreted 
                        <E T="03">Massachusetts</E>
                         as holding not only that “GHGs fall within the definition of `air pollutant' under the CAA,” but also as standing for the proposition “that EPA may regulate GHGs if required findings were made.” EF RTC 11:5. While expressing a “preference for comprehensive climate change legislation over the use of the current CAA to tackle climate change,” the Administrator understood the Endangerment Finding as satisfying the EPA's “duty” and “responsibility to respond to the Supreme Court's decision and to fulfill its obligations under current law.” EF RTC 11:19.
                        <SU>50</SU>
                        <FTREF/>
                         In addition, the Administrator declined to consider any of the implementation challenges or options discussed in the 2008 ANPRM, asserting instead that CAA section 202(a) confers “procedural discretion” to issue standalone findings without considering a regulatory response because the statute “is silent on this issue,” 74 FR 66501, and interpreting 
                        <E T="03">Massachusetts</E>
                         as forbidding the EPA from considering in any respect the regulations that will result from an affirmative finding, 74 FR 66515.
                    </P>
                    <FTNT>
                        <P>
                            <SU>50</SU>
                             Specifically, a variety of commenters on the proposed Endangerment Finding asserted that the Clean Air Act is ill-suited to address global climate change concerns, and that the EPA should await the results of ongoing debates and development of responsive legislation in Congress, for which both the President and the Administrator had expressed support. EF RTC 11:18-19.
                        </P>
                    </FTNT>
                    <P>
                        The Administrator defined the relevant “air pollution” as “the combined mix of six key directly-emitted, long-lived and well-mixed [GHGs] . . . which together, constitute the root cause of human-induced climate change and the resulting impacts on public health and welfare.” 74 FR 66517. At times, the Administrator referred to the “air pollution” as the total concentration of GHGs in the atmosphere, 
                        <E T="03">e.g., id.,</E>
                         and at times as only the “elevated atmospheric concentrations” of GHGs in the atmosphere as compared to pre-industrial levels, 
                        <E T="03">e.g.,</E>
                         74 FR 66523. In defining “air pollution” in this manner, the Administrator rejected arguments that the term as used in CAA section 202(a)(1) is limited to domestic concerns and airborne materials that cause direct human health effects, such as through inhalation. EF RTC 9:1-2. The Administrator reasoned that the treatment of “air pollutant” in 
                        <PRTPAGE P="7699"/>
                        <E T="03">Massachusetts</E>
                         extended to the term “air pollution” directly, without the need for analysis of the difference in terminology and statutory context, and did not specifically grapple with the EPA's prior practice. 
                        <E T="03">Id.</E>
                         Notably, the Administrator excluded other “climate forcers” from this definition, including black carbon, ozone-depleting substances, nitrogen trifluoride, water vapor, and ground-level ozone. 74 FR 66520. While maintaining that these “climate forcers” could be regulated in response to global climate change concerns, the Administrator found that these substances were sufficiently different from the six “well-mixed” GHGs to warrant separate consideration. 
                        <E T="03">Id.</E>
                         As to water vapor, the Administrator reasoned that “the level of understanding is low” and that the EPA “plans to further evaluate the issues of emissions of water.” 
                        <E T="03">Id.</E>
                         And as to ground-level ozone, the Administrator reasoned that although “tropospheric ozone concentrations have exerted a significant anthropogenic warming effect since pre-industrial times,” ozone was unlike the six directly emitted, “well-mixed” GHGs because it “forms in the atmosphere from emission of pre-cursor gases.” 
                        <E T="03">Id.</E>
                    </P>
                    <P>
                        The Administrator also defined the relevant “air pollutant” as “a single air pollutant” comprised of “the same six long-lived and directly-emitted [GHGs],” meaning the Endangerment Finding did not need to address the different characteristics or emission trends of any of the six selected GHGs individually. 74 FR 66536-37. The Administrator stated that “if in the future other substances are shown to meet the same criteria they may be added to the definition of this single air pollutant” for regulatory purposes. 74 FR 66537. Although new motor vehicles and engines “do not emit all of the substances meeting the definition of well-mixed [GHGs]”—specifically, PFCs and SF
                        <E T="52">6</E>
                        —the Administrator found that “the reasonableness of this grouping does not turn on the particular source category being evaluated in a contribution finding.” 
                        <E T="03">Id.</E>
                    </P>
                    <P>
                        With respect to endangerment, the Administrator began by excluding adaptation—human responses that reduce potential adverse impacts—and mitigation—independent measures that reduce the causes of potential adverse impacts—from the analysis of global climate change concerns. 74 FR 66513. The Administrator acknowledged that “some level of autonomous adaptation will occur” and that “this separation means this approach may not reflect the actual conditions in the real world in the future, because adaptation and/or mitigation may occur and change the risks.” 
                        <E T="03">Id.</E>
                         Nevertheless, the Administrator reasoned that “it would be extremely hard to make a reasoned projection of human and societal adaptation and mitigation responses” because they are “largely political” or “individual personal judgments.” 
                        <E T="03">Id.</E>
                         Next, the Administrator relied on IPCC Assessment Report 4 (AR4) projections to find that GMST would likely increase between 1.8 to 4 °C by 2100, with an uncertainty range of 1.1 to 6.4 °C. 74 FR 66519. Operating within this analytical framework, the Administrator found that elevated global concentrations of GHGs from all foreign and domestic sources were responsible for increased GMST that were responsible in turn for indirect health risks driven by (1) more frequent heat waves; (2) air quality effects, including increased formation of ozone, and (3) broader societal impacts related to increased frequency and severity of certain extreme weather events. 74 FR 66525.
                        <SU>51</SU>
                        <FTREF/>
                         The Administrator also found that GHG emissions could lead to welfare effects related to GSLR and other downstream impacts, including (1) food production and agriculture; (2) forestry; (3) water resources; and (4) energy infrastructure and settlements, although the evidence was uncertain for several categories that may see near-term benefits. 74 FR 66531-35.
                        <SU>52</SU>
                        <FTREF/>
                         Importantly, the Administrator acknowledged that the understanding of public health and welfare in the Endangerment Finding was atypical, particularly with respect to considering indirect effects and because “[n]one of th[e] human health effects are associated with direct exposure to [GHGs],” but asserted the approach was necessary given the “unique” challenge presented by global climate change. 74 FR 66527. The Administrator reasoned that many of the identified welfare impacts could be considered health impacts and that all such impacts could result indirectly from GHG “air pollution,” 74 FR 66528-29, and noted that the identified welfare impact pathways involved multiple causal steps, 74 FR 66531.
                        <SU>53</SU>
                        <FTREF/>
                         In reaching these conclusions, the Administrator rejected arguments that the endangerment analysis should focus on domestic emissions and impacts on domestic ambient air and that Congress expressly provided authority when it intended the EPA to consider non-domestic air pollution. EF RTC 9:1.
                        <SU>54</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>51</SU>
                             The Administrator also noted that increased GMST could lead to changes in certain food- and water-borne pathogens and allergens (including increases in pollen resulting from increased plant growth at higher concentrations of CO
                            <E T="52">2</E>
                            ) but did “not plac[e] primary weight on these factors.” 74 FR 66498, 66526.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>52</SU>
                             The Administrator relied on welfare impacts to water resources and sea level rise as providing “the clearest and strongest support for an endangerment finding.” 74 FR 66534.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>53</SU>
                             The Administrator noted that “[a]s with public health,” the analysis of “welfare” in the Endangerment Finding “considered the multiple pathways” through which “the GHG air pollution” could result in “climate change” that “affects climate-sensitive sectors,” which then leads to potential “impact . . . on public welfare.” 74 FR 66531.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>54</SU>
                             For example, commenters on the proposed Endangerment Finding pointed to CAA sections 115 (authorizing the EPA to require controls when domestic emissions cause or contribute to air pollution that endangers public health or welfare in another country that has adopted reciprocal protections for emissions into the United States), 179B (authorizing the EPA to account for the impact of international emissions on State attainment of the NAAQS under certain conditions), and Title VI (providing for various authorities and obligations to address emissions that damage the ozone layer). EF RTC 9:1; 
                            <E T="03">see</E>
                             42 U.S.C. 7415, 7509a, 7671 
                            <E T="03">et seq.</E>
                        </P>
                    </FTNT>
                    <P>
                        With respect to contribution, the Administrator asserted broad authority to interpret the statutory standard because “[t]he language of CAA section 202(a) is silent regarding how the Administrator is to make her contribution analysis.” 74 FR 66544. Exercising that putative interpretive authority, the Administrator concluded that “it is reasonable to consider that lower percentages contribute than one may consider when looking at a local or regional problem involving fewer sources of emissions,” 74 FR 66545, because “all contributors must do their part” to avoid “a tragedy of the commons, whereby no country or source category would be accountable for contributing to the global problem of climate change,” 74 FR 66543. Next, the Administrator relied on data showing that existing motor vehicles and engines emitted four GHGs—CO
                        <E T="52">2</E>
                        , methane, and N
                        <E T="52">2</E>
                        O from engines, as well as HFCs from air conditioning units—that accounted for 4.3 percent of annual global GHG emissions at the time. On that basis, the Administrator found that annual GHG emissions from new motor vehicles and engines “contribute to the air pollution” consisting of the total global concentrations of the six “well-mixed” GHGs previously identified as a danger to public health or welfare. 74 FR 66537-39.
                    </P>
                    <P>
                        Crucially, the Endangerment Finding made clear that the EPA was acting independently from any new congressional mandate. Rather, the Administrator interpreted CAA section 202(a)(1) as setting out a standalone authority to issue findings that establish an obligation to regulate without considering implementation and purported to rest the Endangerment Finding solely on a scientific judgment 
                        <PRTPAGE P="7700"/>
                        informed by the record as assembled by the Agency in 2009.
                    </P>
                    <HD SOURCE="HD2">D. Implementation of the 2009 Endangerment Finding</HD>
                    <P>In the years since issuing the Endangerment Finding, the EPA has promulgated GHG emission standards for various classes of new motor vehicles and engines in reliance on the Endangerment Finding and, as anticipated in the 2008 ANPRM, sought to expand the same analytical framework to regulatory provisions governing existing vehicles, stationary sources, aircraft, and oil and gas operations. For a full accounting of GHG emission standards adopted since 2009 under CAA section 202(a)(1), see sections VII.B and VII.C of this preamble.</P>
                    <P>
                        In the Endangerment Finding, the EPA treated as out of scope the impacts of extending CAA section 202(a)(1) to address global climate change concerns on other CAA provisions with similar endangerment provisions. See, 
                        <E T="03">e.g.,</E>
                         EF RTC 11:20-23. However, the EPA soon finalized the first set of GHG emission standards for new motor vehicles and engines 
                        <SU>55</SU>
                        <FTREF/>
                         alongside related rules establishing GHG emission thresholds for stationary source permitting under the Prevention of Significant Deterioration (PSD) program and Title V.
                        <SU>56</SU>
                        <FTREF/>
                         Several years later, the EPA again relied on the Endangerment Finding to extend the GHG regulatory program to new and existing stationary source performance standards and guidelines for power plants under CAA section 111.
                        <SU>57</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>55</SU>
                             75 FR 25324 (May 7, 2010).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>56</SU>
                             “Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs,” 75 FR 17004 (Apr. 2, 2010) (“Triggering Rule”); “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule,” 75 FR 31514 (June 3, 2010) (“Tailoring Rule”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>57</SU>
                             “Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units,” 80 FR 64510 (Oct. 23, 2015) (“2015 NSPS”); “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” 80 FR 64662 (Oct. 23, 2015) (“Clean Power Plan”). The EPA also cited the Endangerment Finding to reach a similar conclusion for aircraft under CAA section 231. “Finding That Greenhouse Gas Emissions From Aircraft Cause or Contribute to Air Pollution That May Reasonably Be Anticipated To Endanger Public Health and Welfare,” 81 FR 54422 (Aug. 15, 2016).
                        </P>
                    </FTNT>
                    <P>
                        In 
                        <E T="03">Coalition for Responsible Regulation,</E>
                         the D.C. Circuit rejected petitions for review of the Tailpipe Rule, Triggering Rule, Tailoring Rule, and the underlying Endangerment Finding. As relevant here, the court read 
                        <E T="03">Massachusetts</E>
                         as precluding us from declining to regulate for policy reasons that “were not part of the calculus” and, citing generally to the entirety of the 
                        <E T="03">Massachusetts</E>
                         decision, as holding that the “EPA indeed wields the authority to regulate greenhouse gases under the CAA.” 684 F.3d at 118. Applying this reading, the court rejected petitioners' arguments that we should have considered the “` absurd' ” results for stationary source permitting when issuing the Endangerment Finding. 
                        <E T="03">Id.</E>
                         The court understood the interpretation of the statutory definition of “air pollutant” in 
                        <E T="03">Massachusetts</E>
                         to apply anywhere that term is used in the substantive provisions of the CAA. 
                        <E T="03">Id.</E>
                         at 134-44. The court acknowledged that “nothing in the CAA requires regulation of a substance simply because it qualifies as an `air pollutant' under this broad definition.” 
                        <E T="03">Id.</E>
                         at 135. Applying its understanding of 
                        <E T="03">Massachusetts,</E>
                         however, the court held that reading “air pollutant” as “any regulated air pollutant” was “compelled by the statute” and rejected petitioners' arguments that the PSD provisions should be read in context as focusing on localized “air pollution” problems. 
                        <E T="03">Id.</E>
                         at 134, 138.
                        <SU>58</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>58</SU>
                             The D.C. Circuit subsequently denied rehearing en banc. See Coal. for 
                            <E T="03">Responsible Regulation</E>
                             v. 
                            <E T="03">EPA</E>
                            , 2012 U.S. App. LEXIS 25997 (Dec. 20, 2012). Judge Brown dissented, arguing that the CAA was designed to address “the harmful effects of poisoned air on human beings and their local environs,” that such important policy decisions were for Congress to decide, and that the panel had overread “dicta” in 
                            <E T="03">Massachusetts. Id.</E>
                             at * 29-62. Then-Judge Kavanaugh also dissented, arguing that we exceeded our statutory authority in regulating GHG emissions under the PSD program by failing to read the term “air pollutant” in context and that the issue was “plainly one of exceptional importance” that Congress should decide. 
                            <E T="03">Id.</E>
                             at * 62-93.
                        </P>
                    </FTNT>
                    <P>
                        In 
                        <E T="03">UARG,</E>
                         the Supreme Court held that the EPA exceeded its authority under the CAA in its approach to extending stationary source permitting to cover GHG emissions. The Court rejected the D.C. Circuit's application of 
                        <E T="03">Massachusetts</E>
                         in this context as a “flawed syllogism,” 573 U.S. at 316, holding that “while 
                        <E T="03">Massachusetts</E>
                         rejected EPA's categorical contention that greenhouse gases 
                        <E T="03">could not</E>
                         be `air pollutants' for any purposes of the Act, it did not embrace EPA's current, equally categorical position that greenhouse gases 
                        <E T="03">must</E>
                         be air pollutants for all purposes regardless of the statutory context,” 
                        <E T="03">id.</E>
                         at 319 (cleaned up). Rather, “
                        <E T="03">Massachusetts</E>
                         does not foreclose the Agency's use of statutory context to infer that certain of the Act's provisions use `air pollutant' to denote not every conceivable airborne substance, but only those that may sensibly be encompassed within the particular regulatory program.” 
                        <E T="03">Id.</E>
                         The Court went on to reject our interpretation that required a permit based on GHG emissions as “` incompatible' with `the substance of Congress' regulatory scheme' ” and inconsistent with the principle that “Congress . . . speak[s] clearly if it wishes to assign to an agency decisions of vast `economic and political significance.' ” 
                        <E T="03">Id.</E>
                         at 322-24 (quoting 
                        <E T="03">Brown &amp; Williamson,</E>
                         529 U.S. at 156, 159).
                        <SU>59</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>59</SU>
                             Writing for four Justices in a partial dissent, Justice Breyer argued that the statute could be interpreted to encompass certain stationary sources based on their volume of GHG emissions. 573 U.S. at 334-43 (Breyer, J., joined by Ginsburg, Sotomayor, and Kagan, J.J.). Writing for two Justices in a partial dissent from a different holding, Justice Alito argued that the case demonstrated that 
                            <E T="03">Massachusetts</E>
                             was wrongly decided and that the majority erred in holding that permitted sources that emit conventional pollutants could be required to install control technologies for GHGs. 
                            <E T="03">Id.</E>
                             at 343-50 (Alito, J., joined by Thomas, J.).
                        </P>
                    </FTNT>
                    <P>
                        Soon thereafter, both courts weighed in on the extension of the GHG regulatory program to power plants under CAA section 111. The Supreme Court stayed the 2015 Clean Power Plan pending review by the D.C. Circuit, which had denied a stay.
                        <SU>60</SU>
                        <FTREF/>
                         The D.C. Circuit subsequently reviewed a later rulemaking that repealed the Clean Power Plan and replaced it in part.
                        <SU>61</SU>
                        <FTREF/>
                         In 
                        <E T="03">American Lung Association</E>
                         v. 
                        <E T="03">EPA,</E>
                         985 F.3d 914 (D.C. Cir. 2021), a divided panel reinstated the 2015 Clean Power Plan and vacated the 2019 ACE Rule. Among other things, the panel majority held that the major questions doctrine has no application to the scope of our CAA section 111 authority, 
                        <E T="03">id.</E>
                         at 959-61, and rejected the argument that generation shifting was an impermissible use of our regulatory authority, 
                        <E T="03">id.</E>
                         at 966-68. The panel majority also rejected challenges to the endangerment and significant contribution bases for regulating GHGs under CAA section 111, citing 
                        <E T="03">Coalition for Responsible Regulation</E>
                         and stating that if “greenhouse gas emissions by fossil-fuel-fired power plants” do not “significantly contribute” to global climate change, it would be “nigh impossible for any source of greenhouse gas pollution to cross that statutory threshold.” 
                        <E T="03">Id.</E>
                         at 977.
                        <SU>62</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>60</SU>
                             
                            <E T="03">West Virginia</E>
                             v. 
                            <E T="03">EPA</E>
                            , 136 S Ct. 1000 (2016).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>61</SU>
                             “Affordable Clean Energy Rule,” 84 FR 32520 (July 8, 2019) (“2019 ACE Rule”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>62</SU>
                             In a partial dissent, Judge Walker argued that the 2015 Clean Power Plan (and aspects retained in the 2019 ACE Rule) violated the major questions doctrine because CAA section 111 does not include a clear statement of authority to regulate GHG emissions from power plants. 
                            <E T="03">Am. Lung Ass'n,</E>
                             985 F.3d at 995-1003 (pointing to failed legislation in 2009 that would have provided the requisite authority to regulate GHG emissions from power plants).
                        </P>
                    </FTNT>
                    <PRTPAGE P="7701"/>
                    <P>
                        In 
                        <E T="03">West Virginia,</E>
                         the Supreme Court reversed the D.C. Circuit's treatment of the major questions doctrine and held that the 2015 Clean Power Plan exceeded our authority to regulate existing sources under CAA section 111(d). The Court surveyed 
                        <E T="03">UARG, Brown &amp; Williamson,</E>
                         and additional precedents to confirm that an agency must have more than “a colorable textual basis” to assert “ `unheralded' regulatory power over `a significant portion of the American economy.' ” 597 U.S. at 721-23 (quoting 
                        <E T="03">UARG,</E>
                         573 U.S. at 324). In such cases, “both separation of power principles and a practical understanding of legislative intent” require the agency to “point to `clear congressional authorization' for the power it claims.” 
                        <E T="03">Id.</E>
                         at 723 (quoting 
                        <E T="03">UARG,</E>
                         573 U.S. at 324). The Court held that our reliance on CAA section 111(d) to regulate GHG emissions was “a major questions case” because we had asserted the power “to substantially restructure the American energy market.” 
                        <E T="03">Id.</E>
                         at 724. That provision “had rarely been used in the preceding decades,” and we had used it in an “unprecedented” manner “to adopt a regulatory program that Congress had conspicuously and repeatedly declined to enact itself.” 
                        <E T="03">Id.</E>
                         at 724-28. Since we lacked express authorization, the Court concluded that we lacked statutory authority for the 2015 Clean Power Plan. 
                        <E T="03">Id.</E>
                         at 732-35.
                        <SU>63</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>63</SU>
                             In dissent, Justice Kagan argued that the Court had obstructed the EPA's efforts to regulate GHG emissions: “Today, the Court strips the [EPA] of the power Congress gave it to respond to `the most pressing environmental challenge of our time.” 
                            <E T="03">West Virginia,</E>
                             597 U.S. at 753 (Kagan, J., joined by Breyer and Sotomayor, J.J., dissenting) (quoting 
                            <E T="03">Massachusetts,</E>
                             549 U.S. at 505); 
                            <E T="03">see also id.</E>
                             at 755 (“This Court has obstructed EPA's effort from the beginning.”).
                        </P>
                    </FTNT>
                    <P>
                        Following the Endangerment Finding, the EPA also received multiple petitions for reconsideration from industry groups, States, and various organizations arguing that our approach in 2009 was legally and scientifically flawed and that external assessments by the IPCC, among others, had not adequately addressed recent criticisms of climate change science. The EPA denied these consolidated petitions in 2010 without notice and comment (“2010 Denials”). Reiterating the scientific assertions from the technical support document (TSD) used in 2009, we emphasized that we had conducted an independent review of outside assessments in issuing the Endangerment Finding and asserted that the core conclusions of the Endangerment Finding remained valid notwithstanding the flaws raised by the petitioners. The EPA also issued a volume of response documents defending the methodologies and experts relied upon and concluded that no new information warranted reconsideration. 75 FR 49556.
                        <SU>64</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>64</SU>
                             The D.C. Circuit rejected several petitions for review of the 2010 Denials as part of the 
                            <E T="03">Coalition for Responsible Regulation</E>
                             decision. 684 F.3d at 124-26.
                        </P>
                    </FTNT>
                    <P>
                        In April 2022, the EPA denied, again without notice and comment, a new round of petitions for reconsideration and rulemaking asserting that the Endangerment Finding was legally and scientifically flawed and undermined by more recent scientific assessments (“2022 Denials”). We acknowledged that several recent studies contradicted assessments by the USGCRP and IPCC but reaffirmed our earlier position that such assessment reports are entitled to greater weight than dissenting views.
                        <SU>65</SU>
                        <FTREF/>
                         We also considered criticisms of the EPA's SCC methodology out of scope because “the social cost of carbon played no role in the 2009 Endangerment Finding.” 
                        <SU>66</SU>
                        <FTREF/>
                         We further acknowledged that severing the endangerment and cause or contribute analysis from the development of subsequent regulations had impacted the EPA's approach to GHG emission standards, including because the SAB did not have the opportunity to review the Endangerment Finding as would otherwise have been required by the CAA.
                        <SU>67</SU>
                        <FTREF/>
                         Nevertheless, we reaffirmed our position that CAA section 202(a) grants “procedural discretion” to issue findings and emission standards separately and “decline[d] to exercise that discretion” differently.
                        <SU>68</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>65</SU>
                             2022 Denials at 15-17.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>66</SU>
                             
                            <E T="03">Id.</E>
                             at 30.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>67</SU>
                             
                            <E T="03">Id.</E>
                             at 36 (noting that 42 U.S.C. 4365(c)(1) requires SAB consultation for a “standard” promulgated under CAA section 202(a) but asserting that requirement does not extend to “findings” issued under the same provision).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>68</SU>
                             
                            <E T="03">Id.</E>
                             at 39.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">E. Reconsideration of the 2009 Endangerment Finding</HD>
                    <P>
                        Since the EPA published the 2009 Endangerment Finding, there have been developments in innovation, science, economics, and mitigation, as well as significant Supreme Court decisions that provide new guidance on how Federal agencies should interpret the statutory provisions that Congress has tasked them with administering.
                        <SU>69</SU>
                        <FTREF/>
                         Accordingly, the Administrator determined that the Endangerment Finding should be reconsidered to address legal and scientific developments that present reason to question the ongoing validity and reliability of its conclusions and to subject these important issues to public comment for the first time since 2009.
                    </P>
                    <FTNT>
                        <P>
                            <SU>69</SU>
                             
                            <E T="03">See</E>
                             Feb. 19, 2025 Memo at 1.
                        </P>
                    </FTNT>
                    <P>In initiating reconsideration, the Administrator explored all findings, support, questions, and ambiguities contained within the science relied upon by the Endangerment Finding. On July 29, 2025, the Administrator signed a proposed rule setting out the results of the EPA's reconsideration to date and proposing to rescind the Endangerment Finding and all GHG emission standards for LD, MD, and HD motor vehicles and engines promulgated since 2009 under CAA section 202(a)(1). At proposal, we noted that the Endangerment Finding itself and subsequent reports, studies, and analyses had acknowledged significant questions and ambiguities presented by the observable realities of the past nearly two decades and the recent findings of the scientific community. We also noted that there may be as-yet-unidentified issues or discrepancies present in the underlying technical analysis and scientific justifications offered in the Endangerment Finding. Finally, we noted that when confronted with science offering a diverse array of conclusions, methodologies, and explanations, the Administrator strove to inform his judgment to the most impartial extent possible.</P>
                    <P>
                        In reviewing the public response to the proposal, the Administrator appreciated the wide variety of perspectives and significant interest in the issues raised for further consideration. In particular, the Administrator carefully examined the additional data, modeling, and information submitted in connection with our request for comment on the impact of the EPA's GHG emission standards for new motor vehicles and engines to date and the efficacy of such regulations in addressing the risks identified in the Endangerment Finding. The EPA has conducted further analysis to evaluate the competing perspectives on the ability of GHG emission standards to have a material (
                        <E T="03">i.e.,</E>
                         non-
                        <E T="03">de minimis</E>
                        ) impact on global climate change concerns, with a particular focus on trends in GMST and GSLR—key metrics commonly derived from climate models and primary drivers of the Agency's causal analysis of endangerment in the 2009 Endangerment Finding.
                    </P>
                    <P>
                        As discussed in section IV of this preamble, the EPA concludes that it lacks statutory authority to resolve these questions through regulatory findings and emission standards under CAA section 202(a)(1). That conclusion led the Administrator to rest this final action on the legal bases proposed as the 
                        <PRTPAGE P="7702"/>
                        primary rationale for rescission of the Endangerment Finding and repeal of associated GHG emission standards, as explained in sections V.A and V.B of this preamble. As a separate but complementary basis for rescission and repeal, the Administrator finds that the available evidence indicates GHG emission standards under CAA section 202(a)(1) do not impact trends in GMST or GSLR in any material way, let alone the health and welfare impacts attributed to such trends in the Endangerment Finding. As discussed in section V.C of this preamble, this conclusion further indicates that the best reading of CAA section 202(a)(1) does not encompass the regulation of “air pollution” in the form of global climate change concerns and serves as an independent basis for repealing the GHG emission standards. For discussion of public comments received on the alternative climate science basis and the Administrator's decision not to finalize on that ground in favor of future opportunities for fact finding and public engagement, see section VI of this preamble.
                    </P>
                    <HD SOURCE="HD1">IV. Legal Framework for Action</HD>
                    <HD SOURCE="HD2">A. Rescission of the Endangerment Finding</HD>
                    <P>
                        The statutory authority for this final action is the same as that relied upon in the prior actions at issue: CAA section 202(a)(1), which requires the Administrator to “prescribe” and “from time to time revise . . . standards” for certain air pollutants emitted by new motor vehicles and new motor vehicle engines “in accordance with the provisions of this section.” 
                        <SU>70</SU>
                        <FTREF/>
                         In addition, unless provided otherwise by statute, an agency may revise or rescind prior actions so long as it acknowledges the change in position, provides a reasonable explanation for the new position, and considers legitimate reliance interests in the prior position.
                        <SU>71</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>70</SU>
                             42 U.S.C. 7521(a)(1).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>71</SU>
                             
                            <E T="03">See FDA</E>
                             v. 
                            <E T="03">Wages &amp; White Lion Invs., L.L.C.,</E>
                             604 U.S. 542, 568-70 (2025); 
                            <E T="03">FCC</E>
                             v. 
                            <E T="03">Fox Television Stations, Inc.,</E>
                             556 U.S. 502 (2009); 
                            <E T="03">Motor Vehicle Mfrs. Ass'n</E>
                             v. 
                            <E T="03">State Farm Mut. Auto. Ins. Co.,</E>
                             463 U.S. 29 (1983).
                        </P>
                    </FTNT>
                    <P>
                        Nothing in the language of the relevant statutory provision prohibits or conditions our general authority to rescind prior actions through rulemaking. CAA section 202(a)(1) grants the Administrator discretion to “revise” standards prescribed “in accordance with the provisions of this section” and does not require retaining the same level of stringency when revising or rescinding existing standards. Moreover, the statute neither authorizes the Administrator to issue standalone findings that trigger a duty to regulate nor prohibits the Administrator from rescinding such findings. Rather, CAA section 202(a)(1) requires the Administrator to prescribe standards for emissions of any air pollutant by classes of new motor vehicles or engines when, in his judgment, emissions of such air pollutant by such classes of new motor vehicles or engines “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” Notably, the EPA has consistently assumed that it has the statutory authority to rescind the Endangerment Finding in reviewing the merits of petitions for reconsideration since 2009 and did not state that we lack such reconsideration authority.
                        <SU>72</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>72</SU>
                             
                            <E T="03">See, e.g.,</E>
                             2022 Denials at 7-10 (denying mandatory reconsideration under CAA section 307(d) and reviewing the petitions on the merits as rulemaking petitions under APA section 553(e)); 75 FR 49556, 49560-63 (Aug. 13, 2010) (denying mandatory reconsideration under CAA section 307(d) without asserting that the EPA lacked statutory authority to rescind or revise the Endangerment Finding).
                        </P>
                    </FTNT>
                    <P>
                        The EPA acknowledges that rescinding the Endangerment Finding involves significant changes to the legal interpretations adopted in the Endangerment Finding and retained in subsequent actions. For example, the interpretation of CAA section 202(a) that we are finalizing precludes the EPA from issuing standalone endangerment and contribution findings and instead requires the Agency to make findings for particular air pollutant emissions and classes of new motor vehicles and engines as an integral step in a rulemaking to prescribe standards for such emissions and classes, consistent with our decades-long practice prior to 2009 in regulating non-GHG air pollutants. Furthermore, the interpretation of CAA section 202(a)(1) that we are finalizing in this action reverses the basis for the Endangerment Finding by concluding that global climate change concerns cannot satisfy the statutory standard for regulation under CAA section 202(a)(1). This interpretation is the best reading of the statute, and it is different from the final actions taken by the Agency since 2009 with respect to GHG emission standards under CAA section 202(a).
                        <SU>73</SU>
                        <FTREF/>
                         For example, we acknowledge that the EPA changed its position in 2009 and argued in actions finalized since that time and in briefs filed in defense of those actions that CAA section 202(a) authorizes us to regulate in response to global climate change concerns.
                        <SU>74</SU>
                        <FTREF/>
                         We also acknowledge that the EPA argued in actions finalized since 2009 and in briefs filed in defense of those actions that the major questions doctrine has no application to CAA section 202(a)(1).
                        <SU>75</SU>
                        <FTREF/>
                         However, intervening legal developments must be considered when evaluating these statements as they developed over time. We initially developed those novel positions without the benefit of the Supreme Court's decisions in 
                        <E T="03">UARG, Michigan,</E>
                         and 
                        <E T="03">West Virginia,</E>
                         which explained and applied the major questions doctrine to related GHG emission regulations. Moreover, we note that each of these major actions and rules predated the Supreme Court's decision in 
                        <E T="03">Loper Bright,</E>
                         which overruled 
                        <E T="03">Chevron</E>
                         deference to agency statutory interpretation and clarified that statutes have a single, best meaning.
                        <SU>76</SU>
                        <FTREF/>
                         In light of these decisions and upon further review of the EPA's prior statements on the applicability and impact of the major questions doctrine, we are finalizing, as proposed, a new position that more faithfully adheres to precedent and governing legal principles. For discussion of CAA section 202(a)(1) and related statutory provisions interpreted in this final action, see section V of this preamble.
                    </P>
                    <FTNT>
                        <P>
                            <SU>73</SU>
                             
                            <E T="03">See, e.g.,</E>
                             74 FR 66496 (Dec. 15, 2009); 75 FR 25324 (May 7, 2010); 76 FR 57106 (Sept. 15, 2011); 77 FR 62624 (Oct. 15, 2012); 81 FR 73478 (Oct. 25, 2016); 85 FR 24174 (Apr. 30, 2020); 86 FR 74434 (Dec. 30, 2021); 89 FR 27842 (Apr. 18, 2024); 89 FR 29440 (Apr. 22, 2024).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>74</SU>
                             
                            <E T="03">See, e.g.,</E>
                             74 FR 66496, 66524 (Dec. 15, 2009) (Endangerment Finding); 2022 Denials at 1; 75 FR 49556 (Aug. 13, 2010) (2010 Denials).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>75</SU>
                             
                            <E T="03">See, e.g.,</E>
                             89 FR 29440, 29468-70 (Apr. 22, 2024) (2024 HD GHG Emission Standards Rule) (arguing that regulation of GHG emissions under CAA section 202(a) in response to global climate change concerns is not a question of significant importance, that the EPA has clear congressional authorization, and that use of this authority since 2009 is not novel); 89 FR 27842, 27897 (Apr. 18, 2024) (2024 LD and MD Multi-Pollutant Emission Standards Rule) (same). In these final rules, the EPA also took the position—repudiated in this final action—that it is permissible to expect manufacturers to comply with GHG emission standards by shifting to EVs.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>76</SU>
                             603 U.S. at 412-13 (overruling Chevron U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837 (1984)).
                        </P>
                    </FTNT>
                    <P>
                        The EPA is also finalizing that GHG emission standards for new motor vehicles and engines are futile because they have no material (
                        <E T="03">i.e.,</E>
                         non-
                        <E T="03">de minimis</E>
                        ) impact on the global climate change concerns animating this regulatory program and is reaching two separate and independent conclusions as a result. First, we conclude that futility lends further support to the understanding that CAA section 202(a)(1) is best read to encompass “air pollution” that endangers human health and the environment through local and regional exposure and that domestic regulation can impact without requiring 
                        <PRTPAGE P="7703"/>
                        international emissions reductions. Second, we conclude that futility warrants repeal of the GHG emission standards independent from the Endangerment Finding because they impose immense burdens without furthering any statutory objective. These additional bases for this final action represent a change from the novel position taken in actions and rulemakings since 2009 to prescribe and revise GHG emission standards under CAA section 202(a)(1).
                        <SU>77</SU>
                        <FTREF/>
                         For example, we asserted in the Endangerment Finding that the ability of GHG emission standards to impact global climate change concerns was outside the scope of the CAA section 202(a)(1) endangerment and contribution analysis, 74 FR 66501-02, that we could not consider the degree of emissions reductions that could be achieved by regulations issued as a result of the findings, 74 FR 66507-08, and that the “unique” nature of global climate change concerns justified accepting a different analysis than that traditionally applied to mobile-source air pollution problems, 74 FR 66538, 66543. In GHG emission standard rulemakings since 2009, we analyzed the impact of potential standards in terms of contribution, 
                        <E T="03">i.e.,</E>
                         tons of emissions, rather than impact on endangerment, 
                        <E T="03">i.e.,</E>
                         from trends in GMST and GSLR that lead in turn to the health and welfare impacts predicted in the Endangerment Finding. That is, we generally evaluated potential GHG emissions reductions (in tons of CO
                        <E T="52">2</E>
                         equivalent) 
                        <SU>78</SU>
                        <FTREF/>
                         and used SCC methodologies to attach a dollar value to such emissions reductions.
                        <SU>79</SU>
                        <FTREF/>
                         See section V.C of this preamble for further discussion of these additional rationales and the EPA's prior positions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>77</SU>
                             
                            <E T="03">See, e.g.,</E>
                             74 FR 66496, 66524 (Dec. 15, 2009); 75 FR 25324 (May 7, 2010); 76 FR 57106 (Sept. 15, 2011); 77 FR 62624 (Oct. 15, 2012); 81 FR 73478 (Oct. 25, 2016); 85 FR 24174 (Apr. 30, 2020); 86 FR 74434 (Dec. 30, 2021); 89 FR 27842 (Apr. 18, 2024); 89 FR 29440 (Apr. 22, 2024).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>78</SU>
                             
                            <E T="03">See, e.g.,</E>
                             75 FR 25324 (May 7, 2010).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>79</SU>
                             
                            <E T="03">See, e.g.,</E>
                             89 FR 29440, 29675 (Apr. 22, 2024) (2024 HD GHG Emission Standards Rule) (“While the EPA did not conduct modeling to specifically quantify changes in climate impacts resulting from this rule in terms of avoided temperature change or sea-level rise, the Agency did quantify climate benefits by monetizing the emission reductions through the application of estimates of the social cost of greenhouse gases (SC-GHGs).”); 89 FR 27842, 28099 (Apr. 18, 2024) (2024 LD and MD Multi-Pollutant Emission Standards Rule) (same).
                        </P>
                    </FTNT>
                    <P>The EPA further acknowledges that repealing the GHG emission standards based on the proposed rescission of the Endangerment Finding is a departure from our position in rulemakings since 2009 that prescribed and revised GHG emission standards for LD, MD, and HD vehicles and engines under CAA section 202(a)(1). This rescission eliminates the statutory basis for those standards because we relied on the Endangerment Finding in each rulemaking to invoke our authority under CAA section 202(a)(1) without making the required findings for GHGs emitted by the class or classes of new motor vehicles or engines at issue in each rulemaking. To the extent we reaffirmed the Endangerment Finding in subsequent standard rulemakings, the conclusions we are finalizing in this action eliminate the improperly claimed statutory basis for such reaffirmations, all of which relied on the same underlying interpretation of CAA section 202(a)(1) as encompassing the regulation of GHG emissions based on global climate change concerns. See section VII of this preamble for further discussion of each prior rulemaking and the regulatory changes we are making to repeal all GHG emission standards currently in effect for new motor vehicles and engines on bases finalized in this action.</P>
                    <P>
                        As discussed throughout this preamble, the EPA is finalizing these changes to comply with limits on our statutory authority under the best reading of CAA section 202(a)(1), adhere to the legal limits on our power to set national policy within our constitutional system of democratic government, and realign Agency resources to prioritize core statutory responsibilities that protect human health and the environment. Importantly, the Nation's policy response to global climate change concerns was a major issue in the 2024 presidential election, in which voters were presented with distinct legal and policy approaches and elected a candidate promising a change in policy. Under these circumstances, the election of a new Administration is an independent and sufficient basis for reassessing and revising legal interpretations to faithfully adhere to the best reading of the statute.
                        <SU>80</SU>
                        <FTREF/>
                         Democratic accountability is essential to the exercise of delegated authority by administrative agencies,
                        <SU>81</SU>
                        <FTREF/>
                         and retaining the Endangerment Finding and associated GHG emission standards without clear statutory authority would frustrate, not promote, constitutional values and the rule of law. The EPA lacks authority to retain the Endangerment Finding under the best reading of CAA section 202(a)(1), and the statute controls regardless of policy preferences.
                        <SU>82</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>80</SU>
                             
                            <E T="03">See State Farm,</E>
                             463 U.S. at 59 (Rehnquist, J., concurring in part and dissenting in part); PETA v. USDA, 918 F.3d 151, 158 (D.C. Cir. 2019) (“new administrations are entitled to reevaluate and modify agency practices, even longstanding ones”); Nat'l Ass'n of Home Builders v. EPA, 682 F.3d 1032, 1043 (D.C. Cir. 2012) (“the inauguration of a new President and the confirmation of a new EPA Administrator” went “a long way toward explaining why EPA” changed policy).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>81</SU>
                             
                            <E T="03">See, e.g.,</E>
                             U.S. Telecom Ass'n v. FCC, 855 F.3d 381 (D.C. Cir. 2017) (Brown, J., dissenting from denial of rehearing en banc); Elena Kagan, Presidential Administration, 114 Harv. L. Rev. 2245, 2252-53, 2332-34 (2001).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>82</SU>
                             
                            <E T="03">Loper Bright,</E>
                             603 U.S. at 403; 
                            <E T="03">West Virginia,</E>
                             597 U.S. at 735; 
                            <E T="03">UARG,</E>
                             573 U.S. at 325.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">1. Issues Raised Regarding Rescission Authority</HD>
                    <P>The EPA received substantial comments on the proposed bases for rescinding the Endangerment Finding but relatively few specifically addressing the separate question whether we have the authority to rescind, provided that the rescission is supported by adequate grounds. Most comments received on that issue agreed that the EPA may reconsider prior actions unless the relevant statute provides otherwise and further agreed that nothing in CAA section 202(a)(1) conditions or limits our ability to reconsider prior actions. We appreciate these comments and, as noted above, are finalizing this action based on the statutory authority conferred in CAA section 202(a)(1) and the background principle that agencies may reconsider, revise, and rescind prior actions unless provided otherwise by the relevant statute. Several commenters raised contrary arguments that did not change our view from proposal. For more detailed comment summaries and responses, see the Response to Comments document.</P>
                    <P>
                        <E T="03">Comment:</E>
                         A few adverse commenters argued that rescinding the Endangerment Finding would not support repealing the associated GHG emission standards because the standards-setting rulemakings reaffirmed and reinforced the Endangerment Finding with additional evidence. Some of these commenters also argued that CAA section 202(a)(1) is a precautionary provision, which, they asserted, means that we cannot rescind the Endangerment Finding based on a lack of confidence in the assumptions made and conclusions stated in that action.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees that rescinding the Endangerment Finding would not impact subsequently issued GHG emission standards and notes that these commenters misunderstand the impact of our proposal that CAA section 202(a)(1) does not authorize regulating GHG emissions in response to global climate change concerns. The Agency has consistently maintained that, at 
                        <PRTPAGE P="7704"/>
                        minimum, a finding that the relevant air pollutant emissions cause or contribute to air pollution that endangers public health or welfare is a prerequisite to prescribing emission standards. In the Endangerment Finding, we asserted that the statute's “lack of specific direction” with respect to the timing of findings and of associated regulations granted “procedural discretion” to issue the actions separately. 74 FR 66501. But we maintained that the findings created the predicate authority and obligation to issue associated emission standards and acknowledged that it was at least permissible to issue the findings and standards in a single action. 74 FR 66501-02.
                    </P>
                    <P>Finalizing the rescission of the Endangerment Finding for lack of authority under CAA section 202(a)(1) necessarily means that we lack statutory authority to prescribe or maintain GHG emission standards for new motor vehicles and engines. Whether we cited to additional evidence “reinforcing” the Endangerment Finding in subsequent rulemakings—and whether that additional evidence would itself have been sufficient to satisfy CAA section 202(a)(1) absent the Endangerment Finding—is irrelevant, as each of these actions rested on the novel statutory interpretation adopted for the first time in the Endangerment Finding. The best reading of the statute identified and applied in this final action necessarily overrides the contrary interpretation relied upon in these prior actions and therefore eliminates the legal basis for those prior actions. See section V.A and V.B of this preamble for further discussion of CAA section 202 and the legal position taken by the EPA in actions since 2009. With respect to commenters' precautionary arguments, the EPA is not finalizing the proposed alternative basis for rescission and repeal based on a new climate science finding by the Administrator. See section VI of this preamble for further discussion of the bases we are not finalizing at this time.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Some commenters argued that the CAA limits our authority to rescind prior actions, quoting 
                        <E T="03">NRDC</E>
                         v. 
                        <E T="03">Regan,</E>
                         67 F.4th 397, 401 (D.C. Cir. 2023), for the proposition that the EPA “has no inherent authority” to reconsider its decisions. These commenters asserted that CAA section 202(a)(1) is best read as limiting our rescission authority to reconsideration under CAA section 307 or extraordinary circumstances, such as mistake or fraud, and that Congress authorized us only to update emission standards based on developments in science, technology, and economics by providing that we must “from time to time revise” emission standards “in accordance with the provisions of this section.” According to these commenters, rescinding the Endangerment Finding and associated regulations exceeds that authority.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees with these comments, which misconstrue the statute and misapply relevant case law. The D.C. Circuit's divided opinion in 
                        <E T="03">NRDC</E>
                         addressed our withdrawal of a regulatory determination for a drinking water contaminant under the Safe Drinking Water Act (SDWA) in lieu of issuing a national primary drinking water regulation. The panel majority and separate opinion agreed that “the power to decide is normally accompanied by the power to reconsider” unless Congress has “ `limit[ed] [the] agency's discretion to reverse itself.' ” 67 F.4th at 401 (quoting 
                        <E T="03">New Jersey</E>
                         v. 
                        <E T="03">EPA,</E>
                         517 F.3d 574, 582-83 (D.C. Cir. 2008)). Interpreting the statutory language at issue, the panel majority concluded that SDWA section 1412 imposed such a limitation by mandating a sequential, two-step process under which the EPA “shall” propose a regulation within 24 months “[f]or each contaminant that the Administrator determines to regulate” in a final regulatory determination. 
                        <E T="03">Id.</E>
                         (quoting 42 U.S.C. 300g-1(b)(1)(A), (b)(1)(E)); but see 
                        <E T="03">id.</E>
                         at 408 (Pan, J., concurring in the judgment) (arguing that “nothing in the [SDWA] forbids the EPA from withdrawing a determination to regulate” because the “statute is silent on that issue”). 
                        <E T="03">NRDC</E>
                         did not challenge the established background principle that agencies may reconsider prior actions taken under a statutory authority absent statutory indicia to the contrary, and the language of CAA section 202(a)(1) is different in virtually every respect from the content, sequence, and timing requirements in SDWA section 1412.
                    </P>
                    <P>
                        CAA section 202(a)(1) sets out authority to regulate under certain conditions and provides that such regulations should be revised over time. The statutory language “from time to time revise” refers to the emission standards promulgated when the Administrator exercises “judgment” to determine that an air pollutant emitted from new motor vehicles or engines causes or contributes to air pollution which may reasonably be anticipated to endanger public health or welfare. Beyond reference to the Administrator's “judgment,” the statute contains no language constraining or limiting the power to reconsider a finding. Nor does CAA section 202(a)(1) require the EPA to establish regulations by a certain date or for certain pollutants, unlike many other provisions in CAA section 202 and throughout the CAA.
                        <SU>83</SU>
                        <FTREF/>
                         Had Congress intended to restrict the repeal of CAA section 202(a)(1) emission standards based on the Administrator's findings of endangerment and contribution, it knew how to do so,as evidenced by provisions elsewhere in the statute imposing such restrictions.
                        <SU>84</SU>
                        <FTREF/>
                         Additional statutory language providing that emission standards must be revised “in accordance with the provisions of this section” merely clarifies that revised standards are subject to the same conditions as the original standards (
                        <E T="03">i.e.,</E>
                         an applicable endangerment finding and the various substantive requirements for standards set out in CAA section 202(a)(2), (a)(3), 
                        <E T="03">et seq.</E>
                        ). Finally, we note that this understanding of our reconsideration authority is rooted in consistent practice; as noted above, we assumed that we had such authority when denying reconsideration petitions on the merits in 2010 and 2022.
                    </P>
                    <FTNT>
                        <P>
                            <SU>83</SU>
                             
                            <E T="03">Compare</E>
                             42 U.S.C. 7409 (mandating NAAQS for criteria pollutants by a date certain), 7412 (mandating regulation of hazardous air pollutants from listed source categories by a date certain), 7429 (same for waste combustors), 7521(a)(3)(B)(ii) (mandating minimum emission standards for HD vehicles for certain pollutants by a date certain), 7521(a)(6) (mandating certain control devices for LD vehicles after a date certain), 7521(b), (g)-(
                            <E T="03">l</E>
                            ) (mandating various emission standards for enumerated pollutants by dates certain).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>84</SU>
                             Notably, Congress provided in CAA section 202(b)(1)(C) that the EPA cannot relax the pollutant-specific emission standards required “under [CAA section 202(b)]” when revising such standards “under [section 202(a)(1)].” 42 U.S.C. 7521(b)(1)(C). That limitation on revision authority does not apply to emission standards promulgated solely under CAA section 202(a) as an exercise of the Administrator's judgment. Comparable provisions appear elsewhere in the statute as well. 
                            <E T="03">See, e.g.,</E>
                             42 U.S.C. 7502(e) (providing that if the EPA “relaxes” a NAAQS, it must within 12 months require “controls which are not less stringent than the controls applicable to areas designated nonattainment before such relaxation”).
                        </P>
                    </FTNT>
                    <P>
                        With respect to CAA section 307 and commenters' asserted mistake or fraud limitation, the EPA assumes commenters meant to suggest that we may only reconsider prior actions through mandatory reconsideration under CAA section 307(d) or by meeting common law standards originally developed for voiding a contract. We are not aware of any precedent establishing a mistake or fraud limitation and cannot agree that there is a plausible basis for doing so given the well-established principle that agencies may reconsider prior actions unless Congress provides otherwise. As to CAA section 307, this rulemaking followed the applicable procedural requirements set out in that provision. The mandatory reconsideration procedure in CAA 
                        <PRTPAGE P="7705"/>
                        section 307(d)(7)(B) applies when a petitioner was unable to raise a centrally relevant objection during a public comment period, not to an EPA-initiated reconsideration.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         A few commenters raised retroactivity concerns with the rescission and repeals, arguing that Congress must expressly authorize rules with retroactive effect and that repealing GHG emission standards for MY 2026 and earlier vehicles would be impermissibly retroactive. Some of these commenters cited 
                        <E T="03">Bowen</E>
                         v. 
                        <E T="03">Georgetown University Hospital,</E>
                         488 U.S. 204 (1988), as setting out a clear statement rule for authority to issue retroactive rules.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees that repealing GHG emission standards for MY 2026 and earlier vehicles would have retroactive effect, as nothing in this final action “attaches new legal consequences to events completed before its enactment.” 
                        <E T="03">Landgraf</E>
                         v. 
                        <E T="03">USI Film Prods.,</E>
                         511 U.S. 244, 270 (1994). As a practical matter, manufacturers have already completed virtually all of the activities necessary to comply with the GHG emission standards for prior MY vehicles. Motor vehicles and engines have been designed and sold with compliant control mechanisms, the proverbial eggs are, in that sense, already scrambled. Repealing the GHG emission standards for prior MYs relieves only a limited set of compliance obligations, including certain ongoing reporting requirements, and does not impose any new or additional obligations on regulated parties.
                        <SU>85</SU>
                        <FTREF/>
                         We conclude that repeal of the GHG emission standards for prior MYs is necessary notwithstanding the limited practical effect to ensure that our regulations are squarely grounded in statutory authority and avoid the inconsistency that would be created by retaining these regulations while repealing standards for future MY vehicles and engines. For further explanation of the impacts of the rescission and repeals, see section VII of this preamble and the Response to Comments document. For discussion of the distinct subject of reliance interests, see section IV.A.2 of this preamble.
                    </P>
                    <FTNT>
                        <P>
                            <SU>85</SU>
                             For example, any contractual provisions between the seller (
                            <E T="03">e.g.,</E>
                             dealership) and a vehicle purchaser would not be changed or disrupted solely by operation of this final action.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">2. Issues Raised Regarding Reliance Interests</HD>
                    <P>
                        To better assess potential reliance interests, the EPA sought comment on whether regulated parties or other stakeholders have relied in a significant and legally cognizable manner on our assertion of authority to regulate GHG emissions from new motor vehicles and engines and the requirements imposed pursuant to that asserted authority. We noted that such reliance may be relevant considerations to be weighed against competing rationales when deciding whether to change the Agency's position under relevant case law, including 
                        <E T="03">DHS</E>
                         v. 
                        <E T="03">Regents of University of California,</E>
                         591 U.S. 1 (2020). Specifically, we sought comment on potential reliance interests by regulated parties that have expended resources complying with existing standards, including by pricing compliance into costs for consumers, and on potential reliance interests by other stakeholders on the Endangerment Finding and GHG emission standards.
                    </P>
                    <P>With respect to regulated parties, we noted that because many compliance costs are incurred as part of research and development and during manufacturing, with the exception of the need to purchase compliance credits, this final action would have small to no impacts on MYs 2012-2024, limited impacts for MYs 2024-2026, and entirely relieve future regulatory obligations for MY 2027 and beyond. We also noted that the rescission and repeals would not mandate any particular response by regulated parties and would instead provide additional flexibility by relieving obligations. For discussion of regulatory tools available to address transitional compliance concerns, see sections III.A, VI.B, and VI.C of the preamble to the proposed rule. We also noted that regulated parties may have an interest in national uniformity and preemption and discussed the continued applicability of CAA section 209(a) and other sources of Federal preemption in sections III.A and VI.A of the preamble to the proposed rule.</P>
                    <P>
                        With respect to other potential interests held by regulated parties and additional stakeholders, we noted that the rescission and repeals would have no impact on existing regulatory provisions for criteria pollutant and air toxics emission standards or for the separate economy and fuel-efficiency standards administered by NHTSA. We explained that general interests in regulating GHG emissions based on global climate change concerns would not justify retaining the GHG regulatory program for new motor vehicles and engines in the absence of statutory authority, and that potential dangers from exposure to the six gases combined in the Endangerment Finding would continue to be regulated when appropriate under other, more specific grants of statutory authority. For further discussion, see sections III.A and IV.A.2 of the preamble to the proposed rule. Finally, we recognized that the EPA has since relied on the Endangerment Finding as authority for GHG regulatory actions under other provisions of the CAA, including several vacated by the Supreme Court,
                        <SU>86</SU>
                        <FTREF/>
                         and noted that we would address those actions as appropriate in separate rulemaking proceedings.
                    </P>
                    <FTNT>
                        <P>
                            <SU>86</SU>
                             
                            <E T="03">See West Virginia,</E>
                             597 U.S. 697; 
                            <E T="03">UARG,</E>
                             573 U.S. 302.
                        </P>
                    </FTNT>
                    <P>
                        The EPA received significant comments on reliance interests from a variety of regulated parties and interested stakeholders that reflected diverging views on whether we should consider reliance interests, what reliance interests we should consider, and how such interests should be addressed in this rulemaking. We agree with commenters' suggestion that under 
                        <E T="03">Loper Bright,</E>
                         it is unclear how reliance interests could justify retaining or prolonging a regulatory action that is inconsistent with the best reading of the statute. Nevertheless, we carefully reviewed public comments to assess whether any aspects of this final action should be adjusted to account for reliance interests where possible to do so consistent with our statutory authority. Ultimately, we are finalizing the primary legal basis for the rescission and repeals as proposed along with the additional futility conclusions discussed above. Reliance interests raised by adverse commenters did not change our proposed view that a lack of statutory authority necessitates rescinding the Endangerment Finding and repealing the GHG emission standards and deprives us of discretion to issue revised regulations establishing a phase-out or wind-down approach. For more detailed comment summaries and responses, see the Response to Comments document.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Commenters argued that reliance interests are irrelevant when an agency proposes to rescind a prior action that exceeded its statutory authority. These commenters argued that because the EPA lacked statutory authority to issue the Endangerment Finding and associated GHG regulations, no amount of reliance could justify continuing a program that wields a power neither Congress nor the Constitution granted to the Agency. At least one commenter also cited Justice Thomas's dissenting opinion in 
                        <E T="03">Regents,</E>
                         which argued that reliance interests are irrelevant when an agency rescinds an unlawful prior action. 591 U.S. at 60.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA appreciates these comments and agrees that reliance 
                        <PRTPAGE P="7706"/>
                        interests alone could not justify retaining or extending a regulation that exceeds our statutory authority. Particularly after 
                        <E T="03">Loper Bright,</E>
                         the relevance of reliance interests under such circumstances is unclear.
                        <SU>87</SU>
                        <FTREF/>
                         On one hand, courts have consistently held that agencies must consider significant reliance interests when exercising their authority to change positions. On the other, these cases typically addressed reliance interests in contexts where the agency faced a choice between competing policy options. Under 
                        <E T="03">Chevron,</E>
                         that included the choice between permissible interpretations of the relevant statute. Now that 
                        <E T="03">Chevron</E>
                         has been overruled, however, the range of agency discretion is considerably narrowed because the best reading of the statute controls. 
                        <E T="03">Loper Bright,</E>
                         603 U.S. at 401-04. When the statute is best read as conferring discretion, courts use ordinary tools of interpretation to “fix the boundaries of the delegated authority” and ensure the agency reasonably exercises its discretion within those boundaries. 
                        <E T="03">Id.</E>
                         at 395.
                        <SU>88</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>87</SU>
                             Since 
                            <E T="03">Loper Bright,</E>
                             the Supreme Court has returned to the reliance interest prong of the change-in-position doctrine only in a case involving arbitrary and capricious claims that did not turn on questions of statutory interpretation. 
                            <E T="03">See Wages &amp; White Lion,</E>
                             604 U.S. at 567.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>88</SU>
                             In 
                            <E T="03">Loper Bright,</E>
                             the Supreme Court also stated that 
                            <E T="03">Chevron'</E>
                            s overruling is not a sufficient reason to invalidate “specific agency actions” upheld under the 
                            <E T="03">Chevron</E>
                             framework. 603 U.S. at 412. That 
                            <E T="03">stare decisis</E>
                             limitation does not apply to the rescission and repeals in this final action, which is a separate and subsequent decision in which the EPA is changing its interpretation of CAA section 202(a)(1) and repudiating our prior actions as exceeding our statutory authority. 
                            <E T="03">See, e.g., Ohio Telecom Ass'n</E>
                             v. 
                            <E T="03">FCC,</E>
                             124 F.4th 993, 1002 (6th Cir. 2025) (courts are not bound by prior holdings applying the Chevron framework in the same statutory context when the agency action on review “is not the `specific agency action' ” upheld in the prior decision).
                        </P>
                    </FTNT>
                    <P>
                        Relevant precedents decided before 
                        <E T="03">Loper Bright</E>
                         do not resolve the question whether the illegality of a prior agency action is a sufficient explanation for rescission under the change-in-position doctrine. In 
                        <E T="03">Encino Motorcars, LLC</E>
                         v. 
                        <E T="03">Navarro,</E>
                         579 U.S. 211 (2016), for example, the Supreme Court applied the 
                        <E T="03">Chevron</E>
                         framework to an agency's decision to alter a longstanding statutory interpretation that applied an exemption to a class of employees. The Court found the change arbitrary and capricious because the agency failed to consider industry's legitimate reliance on the applicability of the exemption. 
                        <E T="03">Id.</E>
                         at 221-22. The decision appeared to assume for purposes of deciding the case that either interpretation could be permissible under 
                        <E T="03">Chevron</E>
                         and did not address whether, had the prior interpretation been unlawful, that determination would have been a sufficient explanation for the new interpretation.
                    </P>
                    <P>
                        In 
                        <E T="03">Regents,</E>
                         the Court found the rescission of a deferred action memorandum arbitrary and capricious for failing to consider legitimate reliance interests, even where the memorandum had provided that the deferred action program “conferred no substantive rights.” 591 U.S. at 30. That holding was informed by the Court's decision not to address whether the agency lacked statutory authority to issue the original memorandum. 
                        <E T="03">Compare id.</E>
                         at 25-28, 32, 
                        <E T="03">with id.</E>
                         at 40, 60 (Thomas, J., dissenting) (arguing that reliance interests were irrelevant because the agency was rescinding an unlawful action). Rather, the Court noted that the agency had taken the view that it retained discretion in deciding how to wind down the program, 
                        <E T="03">id.</E>
                         at 25, and assumed on that basis that the agency could have accommodated reliance interests given its “considerable flexibility in carrying out its statutory responsibility,” 
                        <E T="03">id.</E>
                         at 32.
                    </P>
                    <P>
                        The conclusion that we lack statutory authority under CAA section 202(a)(1) to regulate GHG emissions in response to global climate change concerns leaves us without discretion to issue revised regulations. There is no “water under the bridge” exception for unlawful agency action, and the change-in-position doctrine does not expand an agency's statutory authority for the purpose of addressing reliance interests. The Supreme Court previously rejected our efforts to reduce compliance burdens triggered by our GHG regulatory program in 
                        <E T="03">UARG,</E>
                         holding that the Tailoring Rule exceeded our statutory authority and demonstrated that the underlying Triggering Rule was itself unlawful. 573 U.S. at 328. Here, retaining or altering the GHG emission standards because of reliance interests would similarly require rewriting the statute to confer “power that neither Congress nor the Constitution” gave us. 
                        <E T="03">Regents,</E>
                         591 U.S. at 60 (Thomas, J., dissenting). Adopting regulatory provisions to phase out or winddown the Endangerment Finding and GHG emission standards would be inconsistent with the conclusion that we lack statutory authority for the program, potentially rendering both aspects of the action arbitrary and capricious. CAA section 202(a)(1) is binary in this respect. Our authority to delay or adjust standards under additional provisions of CAA section 202 cannot be accessed without first passing through the narrow gate of CAA section 202(a)(1).
                    </P>
                    <P>Nevertheless, as discussed below and further detailed in the Response to Comments document, we reviewed and considered reliance interests raised by stakeholders in the interest of transparency and public engagement. This discussion is not and should not be understood as a concession that such consideration is legally required, or that any disagreement with our consideration of particular reliance interests undermines this final action.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Many commenters supportive of the proposal argued that stakeholders could not have significant reliance interests warranting retention of the Endangerment Finding and GHG emission standards given the nature of the rescissions and repeals. These commenters noted that the rescission and repeals would relieve rather than impose obligations, and that manufacturers and others remain free to move forward with current plans and designs.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA agrees that this final action relieves compliance obligations under the CAA and does not require anything further of regulated parties with respect to GHGs. As noted at proposal, unlike the GHG emission standards, this final rescission and repeal action increases flexibility and does not require manufacturers to change plans if doing so would raise timing concerns within the MY structure of the new motor vehicle and engine market. With respect to informational labels and warranties, manufacturers may elect to proceed with implementation or not, and nothing in this final action invalidates existing labels or contracts entered into between or among manufacturers, suppliers, and purchasers. We acknowledge that regulated parties have already incurred compliance costs because of the GHG emission standards and, particularly with respect to MY 2026 and beyond vehicles, have yet to recoup such costs through sales. However, those costs were incurred because of the GHG emission standards rather than this final action and cannot legitimately be attributed to this final action. Nor is it the case that this final action deprives regulated parties of a benefit to which they would have been entitled by complying with the GHG emission standards. The “benefit” of compliance is the avoidance of enforcement actions and potential penalties under the CAA. This final action does not subject regulated parties to increased risk of enforcement.
                    </P>
                    <P>
                        The evaluation of reliance interests is a context-specific inquiry that turns on the structure of the regulatory program and the nature of related private 
                        <PRTPAGE P="7707"/>
                        arrangements. Courts have recognized that asserted reliance interests may be unreasonable in light of the statutory scheme, 
                        <E T="03">Am. Fuel &amp; Petrochemical Mfrs.</E>
                         v. 
                        <E T="03">EPA,</E>
                         937 F.3d 559, 578 (D.C. Cir. 2019), and that the duty to consider reliance interests “exists in tandem with the nature of the reliance interests at issue,” 
                        <E T="03">Am. Petrol. Inst.</E>
                         v. 
                        <E T="03">DOI,</E>
                         81 F.4th 1048, 1060 (10th Cir. 2023). CAA section 202 recognizes the MY structure of the vehicle market in various ways, including by distinguishing between “new” and existing vehicles, and we have prescribed emission standards on an MY basis for decades. Regulated parties are aware that emission standards may be changed and updated for future MYs, and, as explained above, face minimal ongoing regulatory obligations with respect to past MYs. Cases involving legally significant reliance interests by regulated parties have almost always involved agency actions that increase regulatory obligations. See, 
                        <E T="03">e.g., Encino Motorcars,</E>
                         579 U.S. at 223. Where, as here, the agency action relieves regulatory obligations, regulated parties are not harmed by the additional flexibility of choosing between maintaining their existing plans or altering them as they see fit. See, 
                        <E T="03">e.g., Arizona</E>
                         v. 
                        <E T="03">EPA,</E>
                         77 F.4th 1126, 1130 (D.C. Cir. 2023) (finding no standing to challenge compliance deadline extension because the rule “in no way prevented primacy states from proceeding on the original schedule”).
                    </P>
                    <P>For these reasons, we do not believe that existing compliance investments by regulated parties are the type of significant reliance interests that warrant special consideration in the context of this rulemaking. Even taking them into account, however, such reliance interests do not expand the EPA's statutory authority under CAA section 202(a)(1). As explained above, the best reading of the statute precludes us from maintaining a GHG emission standard program for vehicles and engines. For further discussion of the bases for this final action, see section V of this preamble. For discussion of more specific compliance-related concerns, including facility investments and compliance credits, see the comment and response summaries below and the Response to Comments document.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Some commenters asserted that regulated parties have invested substantially in complying with the GHG emission standards, including by operating, constructing, and announcing facilities to manufacture EVs, and that such investments by various actors in the supply chain since 2007 amount to $211 billion. These commenters also asserted that American manufacturers have been at the forefront of developing and deploying responsive technologies, many of which are already in production and use. Several of these commenters argued that we have not justified proceeding with the rescission and repeals given these investments, while others suggested that we should consider a more limited repeal of the most recent GHG emission standards rather than a broader rescission of the Endangerment Finding.
                    </P>
                    <P>A different set of commenters contested the relevance of such reliance interests, arguing that many of these investments predate the EPA's most recent GHG emission standards, that the most recent GHG emission standards improperly bail out automakers' bad EV investments, and that automakers are already retreating from EV production for independent reasons.</P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA acknowledges that certain regulated parties have invested significantly in EV production and technologies that have been or could be used to comply with the GHG emission standards. We also acknowledge that those companies have already reaped significant value from this program by selling credits to other companies over the years. As discussed above, however, nothing in this final action precludes market participants from continuing to make such investments or removes any benefit capable of engendering cognizable reliance interests. Nor are such investments capable of expanding the EPA's statutory authority under CAA section 202(a)(1).
                    </P>
                    <P>In general, we do not believe that the investments in EVs and related technologies raised by commenters should be attributed exclusively to the EPA's current GHG emission standard requirements. The new motor vehicle and engine market is complex and informed by a wide variety of economic and regulatory considerations. As several commenters recognized, some of these investments predate our most recent GHG emission standards rulemakings in 2024 for MYs 2027 and beyond, and some predate the Endangerment Finding. With respect to economic influences, we note that EV demand has been subject to significant fluctuation and declines unrelated to this rulemaking. The decline in demand is attributable in part to Congress, which recently repealed certain tax credits and subsidies for EVs and disapproved three prior EPA preemption waivers for EV-forcing California vehicle and engine regulations. Changes in consumer preferences are also relevant factors. The ability of market participants to earn a return on EV and related investments thus turns on a variety of factors that ultimately fall outside the Agency's regulatory wheelhouse. The CAA requires us to take cost into account in various ways, but it does not require the EPA to ensure that EV investments turn a profit.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Several commenters asserted that automakers have relied on the EPA's GHG emission standards to export vehicles and engines overseas on the understanding that products meeting our standards will generally also meet international emission standards. These commenters argued that the rescission and repeal of U.S. GHG emission standards will create uncertainty and raise costs for regulated parties based on this additional export market concern.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees that possible challenges facing automakers in complying with international emission standards are legitimate reliance interests that counsel against the rescission and repeals. We question the premise that automakers assume their products will comply with applicable emission standards in export markets, as GHG emission standards are not in place for new vehicles and engines (or the same classes of new vehicles and engines) in all export markets and vary significantly among nations where such GHG emission standards are in place and applicable to imports. We also note that many automakers structure design, marketing, and production strategies to account for differing emission standards across various markets, both for GHG emissions and for emissions of criteria pollutants and air toxics. Regardless, as discussed above, nothing in this final action prevents regulated parties from maintaining current plans to the extent that they believe doing so is a convenient way to more easily participate in export markets.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Several commenters raised concerns about the GHG compliance credit regime that some regulated parties have used to comply with the existing regulations. These commenters argued that companies have accumulated credits over the past 15 years and, in some cases, already booked those credits as assets. Several of these commenters presented this as a reason not to finalize the rescission and repeals, while others requested a wind-down period.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA has consistently maintained that regulated parties lack a property right in compliance credits or 
                        <PRTPAGE P="7708"/>
                        their use to demonstrate compliance.
                        <SU>89</SU>
                        <FTREF/>
                         We note that the relevant universe of compliance credits potentially impacted by this final action is much smaller than some commenters suggest, as credits are specific to compliance years and expire after five years.
                        <SU>90</SU>
                        <FTREF/>
                         Credits for MY 2020 and previous vehicles are expired, and potential credits for MY 2026 and beyond vehicles are not yet in place. These considerations lead us to conclude that the impact on stakeholders arising from compliance credit issues will be relatively small and temporary. Additionally, as discussed within the Response to Comments document, the EPA has reduced the value of emission credits within trading programs previously.
                    </P>
                    <FTNT>
                        <P>
                            <SU>89</SU>
                             
                            <E T="03">See</E>
                             40 CFR 86.1865-12(k)(2) (“There are no property rights associated with CO
                            <E T="52">2</E>
                             credits generated under this subpart. Credits are a limited authorization to emit the designated amount of emissions. Nothing in this part or any other provision of law shall be construed to limit EPA's authority to terminate or limit this authorization through a rulemaking.”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>90</SU>
                             
                            <E T="03">See</E>
                             73 FR 25692 (May 7, 2010) and 40 CFR 86.1865-12(k)(2). Relatedly, see 40 CFR 86.1861-17(b)(3) (LD and MD vehicle credits); 40 CFR 1036.740(d) (HD engine credits), and 1037.740(c) (HD vehicle credits).
                        </P>
                    </FTNT>
                    <P>More fundamentally, our lack of statutory authority to retain the GHG emission standards means that we lack discretion to issue revised regulations that incorporate a phase-out or wind-down approach to address concerns related to this compliance mechanism.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Some commenters asserted that State and local governments have relied on the EPA's GHG regulatory program as a baseline to craft climate policy and invested substantial resources in EV manufacture and development, EV infrastructure, including charging stations, and transportation electrification more generally. Several of these commenters also asserted that States have relied on co-pollutant reductions from the GHG emission standards to satisfy their compliance obligations under the NAAQS for criteria pollutants. These commenters argued that, given such reliance interests, the EPA should first conclude its rescission of the Endangerment Finding, including any subsequent litigation, before repealing the associated GHG emission standards.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA acknowledges the comments and information received from many States and local governmental entities, including both the comments summarized above and comments from States urging us to finalize the proposed rescission and repeals. We are aware that State and local governments have, at various times, encouraged and supported the EPA's GHG regulatory program and undertaken initiatives to address perceived global climate change concerns. We disagree that this final action disrupts State and local policy initiatives that have used the Endangerment Finding or subsequent actions as a baseline, however. So long as such policy initiatives are consistent with applicable Federal law, they may continue, and nothing in this final action changes the status quo for such initiatives. To the extent commenters refer more generally to a practice of supporting and imitating aspects of the EPA's GHG regulatory program, that practice does not depend upon our continuing to maintain the program. To the extent commenters refer to information, funding, or technical support that has been integrated into such programs, we note that any such provisions are not part of the Endangerment Finding or GHG emission standards subject to rescission and repeal and that commenters did not point to a specific counterexample that should be considered in this rulemaking. Nothing in this final action addresses any separate statutory obligation the EPA may have to provide information, make grants, or provide technical support.
                    </P>
                    <P>With respect to commenters' assertions about State and local government investments in EV technology and infrastructure, we disagree that such reliance interests counsel against the rescission and repeals for substantially the same reasons discussed above regarding regulated parties. Nothing in this final action precludes such investments, and nothing in the prior actions and rules subject to this final action entitled States or local governments to any particular benefits or return on their investments. The extent to which such investments end up supporting these entities' policy goals turns on a complex combination of unrelated regulatory and economic factors.</P>
                    <P>Finally, with respect to the NAAQS program, we note that the EPA has not established air quality criteria or NAAQS for GHGs under CAA sections 108 and 109, either individually or under the Endangerment Finding's definitional grouping of the six “well-mixed” GHGs. As explained in section VI of this preamble, this final action does not impact any of the EPA's criteria pollutant emission standards that are more directly relevant to NAAQS attainment or NHTSA's separate fuel-economy and fuel-efficiency regulations that also may result in co-benefits. We acknowledge that many regulated parties elected to comply with the GHG emission standards using technologies that also produce reductions in criteria pollutant emissions, including by shifting toward EVs or otherwise installing control equipment with co-benefits. Nevertheless, we disagree that such co-benefits engender significant reliance interests relevant to this rulemaking or that such considerations justify retaining the GHG regulatory program in the absence of statutory authority, particularly because the EPA has additional, express statutory authorities to address criteria pollutant emissions relevant to NAAQS attainment.</P>
                    <P>
                        As a practical matter, criteria pollutant emission reductions attributable to the GHG emission standards are small in absolute terms and unlikely to materially impact States' attainment of the NAAQS. In recent GHG emission standard rulemakings, we stated our expectation that manufacturers would comply with the standards by shifting to EV production, which we predicted would lower criteria pollutant emissions from new motor vehicles, increase emissions from the power sector to accommodate additional electricity demand, and marginally decrease emissions attributed to fossil-fuel refineries given decreased demand for diesel and gasoline. For the 2024 HD GHG Emission Standards Rule, for example, we estimated small net decreases in NO
                        <E T="52">X</E>
                        , VOCs, and sulfur dioxide (SO
                        <E T="52">2</E>
                        ) emissions and a small net 
                        <E T="03">increase</E>
                         in fine particulate matter (PM
                        <E T="52">2.5</E>
                        ) emissions.
                        <SU>91</SU>
                        <FTREF/>
                         For context, the emission decreases projected for HD vehicles amount to less than 1 percent of national NO
                        <E T="52">X</E>
                         emissions and less than 0.01 percent of VOC and SO
                        <E T="52">2</E>
                         emissions for 2024.
                        <SU>92</SU>
                        <FTREF/>
                         As discussed above, this final action has the potential to alter vehicle emissions on a prospective basis given the MY-by-MY nature of the market and the applicability of CAA section 202(a) emission standards to “new” motor vehicles and engines. Thus, any criteria pollutant emission reductions realized in practice as a co-benefit of GHG emission standards for 
                        <PRTPAGE P="7709"/>
                        MY 2025 and earlier are not impacted by this final action. Moreover, this final action does not require regulated parties to change existing plans, but rather, provides additional flexibility moving forward, meaning whether any and by how much anticipated reductions occur in practice turns on decisions by multiple independent actors.
                    </P>
                    <FTNT>
                        <P>
                            <SU>91</SU>
                             
                            <E T="03">See, e.g.,</E>
                             89 FR 29440, 29455 (Apr. 22, 2024).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>92</SU>
                             
                            <E T="03">Compare id.</E>
                             (estimating  NO
                            <E T="52">x</E>
                            emission reductions of 53,051 tons, VOC emission reductions of 7,272 tons, and SO
                            <E T="52">2</E>
                             emission reductions of 295 tons), 
                            <E T="03">with</E>
                             U.S. Environmental Protection Agency: Air Pollutant Emissions Trends Data (Apr. 2025) (estimating NO
                            <E T="52">X</E>
                             emissions of 6,940,000 tons, VOC emissions of 12,783,000 tons, and SO
                            <E T="52">2</E>
                             emissions of 1,675,000 tons). National emissions are the appropriate comparator because NAAQS attainment is evaluated by criteria pollutant levels from all sources. Estimates in the 2024 HD GHG Emission Standards Rule evaluated emissions from all HD vehicles MY 2027 and beyond regardless of in-use location.
                        </P>
                    </FTNT>
                    <P>
                        For these reasons, we cannot agree that States have significant reliance interests in the permanence of GHG emission standards in connection with NAAQS attainment. Potential impacts are limited to marginal foregone emissions reductions in future years. The co-benefits estimated in prior rulemakings are necessarily speculative because they turn on compliance decisions by manufacturers in future years and purchasing decisions by consumers (
                        <E T="03">i.e.,</E>
                         whether manufacturers comply as expected by shifting to EVs or adopting different technologies, and whether consumer demand for vehicles and engines, including relative demand for traditional vehicles versus EVs, plays out as expected). Reductions in such co-benefits are also uncertain because they depend on how regulated parties choose to proceed in future years in light of this final action. Separate and apart from this rulemaking, CAA section 202(a) makes clear that the content of the EPA's vehicle and engine emission standards are subject to revision at any time, and we have repeatedly revised the GHG emission standards for future MYs since 2010.
                        <SU>93</SU>
                        <FTREF/>
                         See, 
                        <E T="03">e.g., Am. Fuel &amp; Petrochemical Mfrs.,</E>
                         937 F.3d at 578 (finding reliance on particular biofuel volume decisions unreasonable given the EPA's express discretion to revise requirements).
                    </P>
                    <FTNT>
                        <P>
                            <SU>93</SU>
                             Unlike CAA sections 109, 111, 112, and 129, for example, CAA section 202(a)(1) requires the EPA to revise new motor vehicle and engine emission standards “from time to time” without mandating a particular review timeline or date-certain deadline for periodic revisions. 
                            <E T="03">Compare</E>
                             42 U.S.C. 7521(a)(1), 
                            <E T="03">with id.</E>
                             7409(d)(1), 7411(b)(1)(B), 7412(d)(6), (f)(2), 7429(a)(5).
                        </P>
                    </FTNT>
                    <P>The appropriate mechanisms for addressing these concerns are the EPA's express statutory authorities bearing on criteria pollutant emissions and the NAAQS. We encourage States to participate in future rulemakings for criteria pollutant emission standards under CAA section 202 and other rulemakings impacting criteria pollutant emissions from stationary sources. NAAQS attainment is evaluated based on measured levels in the ambient air, and the statute provides a number of regulatory tools to the EPA and States to promote attainment. For example, the EPA may account for the impact of exceptional events and international emissions under certain circumstances and require States to adopt additional controls when their emissions contribute to nonattainment in another State. And States have discretion in formulating plans to attain the NAAQS, which may include certain mobile-source compliance programs, additional controls for new and existing stationary sources, and other emissions-reduction strategies. For additional discussion of our efforts to assist States in attaining the NAAQS, see the authorities, programs, and guidance documents referenced in the Response to Comments document.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Commenters with a variety of perspectives asserted that we failed to consider the interests of vehicle purchasers, including those with future commitments to purchase clean vehicles and past purchasers of vehicles with battery warranties and certain in-use performance requirements. Several of these commenters also stated that current GHG emission standards were projected to save consumers thousands of dollars per vehicle in fuel costs over the life of the car given continued improvements in efficiency and the availability of cleaner vehicle models, including from increased EV market penetration.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees that such interests counsel against finalizing the rescission and repeal and notes that commenters misconstrue the impact of this final action and the requirements in the GHG emission standards. Nothing in this final action requires regulated parties to change existing plans, and that logic applies to future purchase commitments as well. If States, municipalities, or businesses wish to fulfill existing purchase requirements or choose to purchase such vehicles in the future, they remain free to do so. Commenters provided no reason to believe that these voluntary purchase agreements were entered into to facilitate compliance with the GHG emission standards, and we are not aware of any reason that States, municipalities, or businesses not subject to the standards (
                        <E T="03">i.e.,</E>
                         not manufacturers or suppliers) would be involved in the design or production of compliance vehicles or engines. To the extent commenters meant to assert that the purchases were intended to satisfy local emission-reduction targets, many such targets are voluntary, and nothing in this final action prevents entities from proceeding with or adjusting existing strategies. With respect to past purchases, the battery warranty and in-use performance requirements cited by commenters are not set to begin until MY 2027. For this reason, purchasers cannot reasonably have relied on these requirements for past purchases, and any battery warranties or performance guarantees were entered into on a voluntary basis separately from regulatory requirements. See the Response to Comments document for additional discussion of emissions warranties and limited additional ongoing obligations for certain MY 2025 and earlier vehicles.
                    </P>
                    <P>As to estimated fuel cost savings arising from the predicted impacts of increased market penetration of EVs, we note that fuel costs savings per vehicle for the consumer were not a substantive justification for the Endangerment Finding. Rather, we included the discussion cited by commenters in the RIAs completed for more recent standards rulemakings. Commenters did not support their contention that existing purchasers reasonably relied on the estimated fuel costs savings per vehicle from the GHG emission standards in purchasing a vehicle. Moreover, as discussed in the DRIA and RIA for this final action, we significantly adjusted prior estimates of the cost savings attributable to GHG emission standards. Our prior estimates were based on interdependent assumptions and predictions regarding future choices by unrelated actors and global fluctuations in fossil-fuel and energy supply and demand. Intervening events since our estimates in 2024, including legislative, policy, and global market changes, have already demonstrated the significant range of uncertainty inherent in the analysis. See the RIA for this final action and subsequent sections of this preamble for further discussion.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Finally, several commenters argued generally that we failed to consider reliance interests involving the U.S. economy, national security, global geopolitics, and global trade. These commenters argued that we must consider these interests to finalize a valid rule.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA does not believe these general assertions raise specific and legitimate reliance interests that could or must be taken into account in this rulemaking as 
                        <E T="03">reliance</E>
                         interests. Case law provides that such generalized concerns are not the type of reliance interests that require special consideration.
                        <SU>94</SU>
                        <FTREF/>
                         We endeavored to take 
                        <PRTPAGE P="7710"/>
                        these general concerns into account in this rulemaking when appropriate, including by carefully reviewing and considering the ways in which Congress addressed international emissions issues in the CAA. However, as discussed in section V of this preamble, the controlling statutory language in CAA section 202(a) does not authorize the Agency to regulate GHG emissions in response to such global concerns. The possibility that interpreting CAA section 202(a) to authorize regulation in response to global climate change concerns would render the statute broad enough to encompass global political and economic relations reinforces our view of the best reading of the statute.
                    </P>
                    <FTNT>
                        <P>
                            <SU>94</SU>
                             
                            <E T="03">See, e.g., Am. Petrol. Inst.,</E>
                             81 F.4th at 1061 (“general assertions of reliance simply do not rise to the level of ongoing and serious reliance interests necessary to trigger a duty . . . to provide a more detailed explanation”); 
                            <E T="03">Am. Hosp. Ass'n</E>
                             v. 
                            <E T="03">Azar,</E>
                             983 F.3d 528, 540 (D.C. Cir. 2020) (rejecting general assertion of reliance interests where party 
                            <PRTPAGE/>
                            “identified no reliance interests the action might be upending”).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">B. Repeal of New Motor Vehicle and Engine GHG Emission Standards</HD>
                    <P>
                        As noted above, CAA section 202(a)(1) directs the Administrator to prescribe “standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” This core directive has remained substantially the same since Congress enacted the Motor Vehicle Pollution Control Act of 1965.
                        <SU>95</SU>
                        <FTREF/>
                         Thus, a necessary condition to regulating emissions from new motor vehicles and engines is a finding—an “endangerment finding”—that emissions of an air pollutant from a class or classes of new motor vehicles or engines cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.
                    </P>
                    <FTNT>
                        <P>
                            <SU>95</SU>
                             Public Law 89-272, 79 Stat. 992, 992-93.
                        </P>
                    </FTNT>
                    <P>For the reasons discussed in sections V.A and V.B of this preamble, we are rescinding the Endangerment Finding for GHG emissions from new motor vehicles and new motor vehicle engines and, on that basis, repealing all existing GHG emission standards for passenger cars, light-duty trucks, motorcycles, buses, medium-duty vehicles, and heavy-duty vehicles and engines. The Endangerment Finding has served as the EPA's basis for regulating GHG emissions from new motor vehicles and new motor vehicle engines since 2009. Absent findings of endangerment and causation or contribution, the EPA lacks statutory authority to prescribe standards for those emissions under CAA section 202(a)(1). Thus, we must cease prescribing and enforcing standards applicable to the emission of that pollutant from new motor vehicles or new motor vehicle engines and are rescinding existing standards no longer authorized by statute.</P>
                    <P>
                        For the reasons discussed in section V.C of this preamble, we also find that the futility of GHG emission standards for new motor vehicles and engines warrants repealing the standards separate and apart from the rescission of the Endangerment Finding. Courts have long recognized the background principle that Congress does not intend agencies to expend resources on fruitless efforts, particularly when those efforts come at the expense of express statutory obligations for which material progress is more readily achievable. Given the immense costs to manufacturers, auto workers, and American consumers, as well as the burden of administration placed on the EPA and other relevant Federal and State entities, it would be unreasonable to retain a regulatory program that does not materially further any statutory objective relevant to the global climate change concerns relied upon by the Agency in the 2009 Endangerment Finding. This conclusion is consistent with the precautionary nature ascribed by relevant court decisions to the statutory language of CAA section 202(a)(1), which we recognize does not require showing that emission standards entirely or even substantially address the identified dangers. Rather, the available information indicates that GHG emission standards have no impact at all on the adverse impacts identified in the Endangerment Finding beyond a 
                        <E T="03">de minimis</E>
                         level that falls well below inherent variability in measurements of GMST and GSLR.
                    </P>
                    <P>
                        Accordingly, the EPA is repealing all standards and associated test procedures adopted to limit the emission of GHGs under CAA section 202(a)(1) for highway LD, MD, and HD vehicles and engines. The EPA notes that, for LD vehicles, the Energy Policy and Conservation Act of 1975 (EPCA) 
                        <SU>96</SU>
                        <FTREF/>
                         and the 2007 EISA authorize NHTSA to administer the CAFE program and fuel economy labeling program. These statutes also direct the EPA to determine compliance values for manufacturers subject to the CAFE program and the fuel economy labeling program. Importantly, these statutory obligations are distinct from the EPA's authority under CAA section 202(a) and from the EPA's decisions since 2009 to regulate GHG emissions under CAA section 202(a). As explained in section VII of this preamble, we did not propose to reopen and are not finalizing in this rulemaking any changes to regulatory provisions related to our statutory roles in these NHTSA programs. Likewise, we did not propose to reopen and are not finalizing in this rulemaking any changes to criteria pollutant and air toxics standards for highway LD, MD, and HD vehicles and engines under CAA section 202(a).
                    </P>
                    <FTNT>
                        <P>
                            <SU>96</SU>
                             Public Law 94-163, 89 Stat. 871 (1975).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD1">V. Rescission of the Endangerment Finding</HD>
                    <P>In this section, the EPA provides its bases for rescinding the 2009 Endangerment Finding that initiated the Agency's unprecedented assertion of authority to regulate GHG emissions in response to global climate change concerns. Upon careful review of the text, structure, and history of CAA section 202(a)(1) and related provisions and consideration of comments received on the rationales set out in sections IV.A and V.C of the preamble to the proposed rule, we are finalizing that the Endangerment Finding and GHG regulatory program for new motor vehicles and engines exceeds the EPA's statutory authority for multiple, independent reasons. This conclusion leads us to finalize the proposed repeal of the GHG emission standards in the relevant provisions of Title 40 of the CFR as detailed in section VII of this preamble.</P>
                    <P>
                        Section V.A of this preamble sets out our determination that CAA section 202(a) does not authorize the EPA to prescribe standards for GHG emissions based on global climate change concerns. Consistent with the Agency's practice before 2009, we conclude that this provision contains important limitations on what would otherwise be a boundless authority. First, CAA section 202(a)(1) is best read as authorizing the EPA to identify and regulate “air pollution” that threatens to endanger health and welfare through local and regional exposure. Second, CAA section 202(a)(1) is best read as requiring the EPA to apply the statutory standard for regulation as a whole by issuing findings as an integral predicate step of an emission standards rulemaking and, in doing so, evaluating whether new motor vehicle and engine emissions cause or contribute to the danger posed by the relevant air pollution. We apply the traditional tools of statutory interpretation to CAA section 202(a)(1) and related provisions, as informed by the Supreme Court's decisions in 
                        <E T="03">Loper Bright</E>
                         and 
                        <E T="03">UARG.</E>
                         We also explain how the inability of GHG emission standards to have a material (
                        <E T="03">i.e.,</E>
                         non-
                        <E T="03">de minimis</E>
                        ) impact on the dangers attributed to global climate change in the Endangerment 
                        <PRTPAGE P="7711"/>
                        Finding informs our statutory interpretation.
                    </P>
                    <P>
                        Section V.B of this preamble explains our determination that CAA section 202(a)(1) lacks the clear congressional authorization required for the EPA to assert authority to regulate GHG emissions in response to global climate change concerns. We review the Supreme Court's precedents applying the major questions doctrine, including 
                        <E T="03">UARG</E>
                         and 
                        <E T="03">West Virginia,</E>
                         to conclude that the Nation's policy response to global climate change concerns is a question of significant economic and political importance and that Congress did not clearly empower the EPA to decide by authorizing the Administrator to “prescribe . . . standards” for emissions from new motor vehicles and engines. We further explain that a limiting construction of CAA section 202(a)(1) is necessary to avoid serious constitutional concerns with the breadth of the provision required by the logic adopted in the Endangerment Finding.
                    </P>
                    <P>
                        Section V.C of this preamble explains our determination, informed by comments and supporting data received in response to the proposed rule, that GHG emission standards have not and cannot materially diminish the health and welfare impacts attributed to global climate change by the Endangerment Finding in any non-
                        <E T="03">de minimis</E>
                         way. As presented below, the results of our modeling indicate that even the elimination of all GHG emissions from vehicles in the United States (both new and existing, and inclusive of LD, MD, and HD vehicles) would not yield impacts beyond a level that is well below the range of inherent variability in measurement for trends in GMST and GSLR. We conclude that these findings lend further support to the basis for rescission in section V.A of this preamble given the language of CAA section 202(a)(1) and the background principles that Congress does not require futile efforts or include 
                        <E T="03">de minimis</E>
                         concerns in general statutory terms. We further conclude that these findings support repealing the GHG emission standards separate and apart from the rescission of the Endangerment Finding because it is unreasonable to impose immense costs that do not further any legitimate statutory purpose.
                    </P>
                    <P>Each of the legal bases finalized in this action is separate and independent from the others, and the EPA would rescind the Endangerment Finding and repeal the GHG emission standards on any one of these bases standing alone. The EPA's lack of statutory authority for the Endangerment Finding and related regulations would require rescission and repeal even if the major questions doctrine did not apply. Similarly, the major questions doctrine would require finalizing this action even if the EPA had a plausible textual basis for asserting the authority to regulate GHG emissions in response to global climate change concerns. Each of these bases would require finalizing this action even if the futility of the GHG emission standards program were not established in the record or were not an adequate basis for this final action. Conversely, the futility of the GHG emission standards program would support repealing the GHG emission standards even if there were an adequate legal basis to retain the Endangerment Finding.</P>
                    <P>
                        “Wisdom too often never comes, and so one ought not to reject it merely because it comes late.” 
                        <E T="03">Henslee</E>
                         v. 
                        <E T="03">Union Planters Nat'l Bank &amp; Tr. Co.,</E>
                         335 U.S. 595, 600 (1949) (Frankfurter, J., dissenting). Because the Endangerment Finding and the regulations that rely upon it exceed the EPA's authority in multiple respects, fundamental legal principles underpinning our constitutional system compel corrective action. The Endangerment Finding must be rescinded, and the regulatory program it initiated must be, repealed.
                    </P>
                    <HD SOURCE="HD2">A. Best Reading of CAA Section 202(a)(1)</HD>
                    <P>
                        The Endangerment Finding announced an interpretation of CAA section 202(a)(1) that permitted the EPA to prescribe standards in response to global climate change concerns rather than air pollution that threatens public health or welfare through local or regional exposures. We asserted that the statute's “silence” granted us “procedural discretion” to issue standalone findings without considering the regulatory response required by those findings. In setting out our standalone findings, we severed the endangerment analysis (based on health and welfare harms attributed primarily to trends in GMST and GSLR) from the cause or contribution analysis (based on the estimated share of domestic GHG emissions from all new and existing motor vehicles and engines in global GHG emissions from all anthropogenic sources). In the endangerment analysis, we acknowledged that none of the health effects of concern were associated with direct exposure to GHGs, and in the contribution analysis, we acknowledged that combatting the identified risks would require all contributors—both domestic and international and from all anthropogenic sources—to “do their part.” Throughout, we assumed that the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         compelled us to read the statute as authorizing the regulation of GHG emissions under CAA section 202(a)(1).
                    </P>
                    <P>
                        In important respects, the Endangerment Finding and the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         straddled a transitional period regarding the standards for statutory interpretation and understandings of agency authority. The breadth of agency discretion, and the question whether Congress reserves major policy questions for itself, were sharply disputed. Judicial decisions in the intervening fifteen years have significantly clarified the law. In 
                        <E T="03">Loper Bright,</E>
                         the Supreme Court overruled the 
                        <E T="03">Chevron</E>
                         doctrine of deference to agency statutory interpretation, ruling that statutes “have a single, best meaning” that is “`fixed at the time of enactment'” and informed, but not dictated, by Executive Branch practice. 603 U.S. at 400-01 (quoting 
                        <E T="03">Wis. Cent. Ltd.</E>
                         v. 
                        <E T="03">United States,</E>
                         585 U.S. 274, 284 (2018)). And in 
                        <E T="03">West Virginia,</E>
                         the Supreme Court built upon its decisions in 
                        <E T="03">UARG</E>
                         and 
                        <E T="03">Brown &amp; Williamson,</E>
                         among others, by confirming that an agency must have more than “a colorable textual basis” to claim authority to decide major questions of policy that Congress generally reserves for itself. 597 U.S. at 723.
                    </P>
                    <P>
                        In this subsection, we explain that the best reading of CAA section 202(a)(1), as informed by 
                        <E T="03">Loper Bright</E>
                         and principles of statutory interpretation, does not authorize the EPA to assert jurisdiction over GHG emissions based on global climate change concerns in a standalone endangerment finding. Scientific understanding of environmental issues may be continuously evolving, but the scope of the EPA's authority under CAA section 202(a)(1) is fixed by the terms Congress used when enacting and amending the language of CAA section 202(a)(1) from 1965 to 1977. Regardless whether GHGs are “agents of air pollution” under the Act-wide definition of “air pollutant” in CAA section 302(g), we cannot regulate under CAA section 202(a) unless emissions of the air pollutant by new motor vehicles and engines “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” Because the ordinary meaning, structure, and history of CAA section 202(a)(1) and related provisions demonstrate that this language targets “air pollution” that threatens public health or welfare through local or regional exposure, the “six well-mixed” GHGs defined by reference to global climate change concerns cannot satisfy this standard. The futility of GHG emission standards in addressing the 
                        <PRTPAGE P="7712"/>
                        health and welfare impacts attributed to global climate change further reinforces this interpretation. For these reasons, and on account of the additional procedural and analytical errors discussed below, we are rescinding the Endangerment Finding.
                    </P>
                    <HD SOURCE="HD3">1. Final Rationale</HD>
                    <P>Congress originally enacted the language of CAA section 202(a) in the Motor Vehicle Pollution Control Act of 1965 and retained it, with minor revisions, in 1967, the 1970 CAA, and the 1977 amendments. The key language in CAA section 202(a)(1) provides: </P>
                    <EXTRACT>
                        <P>
                            The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.
                            <SU>97</SU>
                            <FTREF/>
                        </P>
                        <FTNT>
                            <P>
                                <SU>97</SU>
                                 42 U.S.C. 7521(a)(1). The key terms “cause, or contribute,” “air pollution,” “endanger,” and “health or welfare” were introduced in 1965. Public Law 89-271, section 101, 79 Stat. 992, 992-93. The phrase “may reasonably be anticipated to” was added to the earlier phrase “which endangers the public health or welfare” in 1977. Public Law 95-95, section 401(d)(1), 91 Stat. 685, 791.
                            </P>
                        </FTNT>
                    </EXTRACT>
                    <P>
                        Since 1977, CAA section 302(g) has defined the term “air pollutant” throughout the statute as “any air pollution agent or combination of such agents . . . which is emitted into or otherwise enters the ambient air.” 
                        <SU>98</SU>
                        <FTREF/>
                         CAA section 302(h) also provides that any reference to “effects on welfare includes, but is not limited to, effects on” the environment, property, transportation hazards, and “on economic values and on personal comfort and well-being.” 
                        <SU>99</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>98</SU>
                             42 U.S.C. 7602(g). Notably, the statute does not separately define “air pollution.”
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>99</SU>
                             42 U.S.C. 7602(h). This definition took its current form in the 1970 CAA and was amended in part in the 1990 CAA Amendments to add the final clause “whether caused by transformation, conversion, or combination with other air pollutants.” 
                            <E T="03">See</E>
                             Public Law 91-604, 84 Stat. 1676, 1710; Public Law 101-549, 104 Stat. 2399, 2470.
                        </P>
                    </FTNT>
                    <P>
                        The EPA concludes that this statutory language is best read as authorizing the Agency to identify and regulate, as an integral part of a rulemaking prescribing emission standards, emissions that cause or contribute to air pollution that endangers public health and welfare through local or regional exposure. This reading is consistent with the ordinary meaning of key terms and the statutory structure, our decades-long implementation of the statute prior to 2009, and background principles of statutory interpretation, including default rules for proximate cause. This reading is also consistent with the Supreme Court's decision in 
                        <E T="03">Massachusetts,</E>
                         which addressed distinct issues arising out of the denial of a petition for rulemaking and must, as a matter of 
                        <E T="03">stare decisis,</E>
                         be read in harmony with subsequent decisions bearing on the EPA's authority and statutory interpretation, including 
                        <E T="03">UARG, West Virginia,</E>
                         and 
                        <E T="03">Loper Bright.</E>
                    </P>
                    <P>
                        <E T="03">Air Pollution.</E>
                         The EPA is finalizing as proposed that CAA section 202(a)(1) is best read as authorizing the Agency to regulate emissions that cause or contribute to air pollution that endangers public health or welfare through local or regional exposure. For the purposes of this final action, we use the phrase local or regional exposure to distinguish air pollution that impacts public health and welfare by its presence in the ambient air from “air pollution” consisting of six “well-mixed” GHGs that, as conceptualized in the Endangerment Finding, impacts public health and welfare only indirectly and not by its mere presence in the ambient air. As discussed below, this aspect of the final action effectively returns the EPA to its interpretation of CAA section 202(a)(1) prior to 2009 and the ordinary meaning of the terms Congress selected.
                    </P>
                    <P>
                        In CAA section 202(a)(1), Congress identified the object of the regulatory authority conferred in the remainder of the section—“air pollution which may reasonably be anticipated to endanger public health or welfare.” The EPA's emission standards for new motor vehicles and engines were a key part of the congressional design for combatting air pollution problems impacting the Nation throughout the 1960s and 1970s, particularly in high-population areas. Congress debated these issues extensively in advance of the 1970 CAA by reference to the air pollution impacting Americans every day, with smog, criteria pollutants, and air toxics taking center stage.
                        <SU>100</SU>
                        <FTREF/>
                         To address the perceived need for a rapid response, Congress paired the preexisting language imported into CAA section 202(a)(1) 
                        <SU>101</SU>
                        <FTREF/>
                         with new language in CAA section 202(b)(1) requiring that emission standards contain significant, short-term reductions in CO, HC, and NO
                        <E T="52">X</E>
                         emissions from new LD vehicles and engines.
                        <SU>102</SU>
                        <FTREF/>
                         As discussed elsewhere in this preamble, Congress repeatedly returned to this strategy in the subsequent decades by adding language to CAA section 202 requiring that emission standards achieve further reductions for additional pollutants and classes of new motor vehicles and engines.
                    </P>
                    <FTNT>
                        <P>
                            <SU>100</SU>
                             
                            <E T="03">See, e.g.,</E>
                             S. Rep. 91-1196, at 1, 7 (1970) (expressing “concern with direct adverse effects upon public health” and the need for “definitive knowledge of the causal relationships between exposure to air pollution agents . . . and health or welfare under varying environmental conditions,” particularly by reference to SO
                            <E T="52">x</E>
                            , PM, CO, HC, and oxidants and the role of mobile sources in urban pollution); 
                            <E T="03">id.</E>
                             at 18 (describing the three general categories of air pollution as criteria pollutants, hazardous air pollutants, and certain emissions unique to stationary sources); H.R. Rep. 91-1146, at 6 (1970) (explaining that mobile-source air pollution “is particularly dangerous in the highly urbanized areas of our country”); 116 Cong. Rec. 32902 (1970) (statement of Sen. Muskie) (explaining that the draft legislation targeted mobile-source contribution to urban pollution, including by requiring “emission standards for carbon monoxide, hydrocarbons, and nitrogen oxides”); 
                            <E T="03">see also</E>
                             111 Cong. Rec. 10782 (1965) (statement of Sen. Muskie) (similarly emphasizing in advance of the original 1965 legislation that mobile sources accounted for “50 percent of our national air pollution problem” and focusing in particular on “carbon monoxide,” “hydrocarbons,” and “nitrogen oxides”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>101</SU>
                             
                            <E T="03">See, e.g.,</E>
                             S. Rep. 91-1196, at 24 (“The regulatory authority in section 202(a) would be essentially the same as existing law . . . .”); H.R. Rep. 91-1783 (1970) (conf. report) (explaining that the House largely acceded to the Senate bill in relevant part).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>102</SU>
                             Public Law 91-604, section 6(a), 84 Stat. 1676, 1690. In subsequent amendments, Congress modified and expanded upon the provisions in CAA section 202(b)(1) to require that emission standards achieve further reductions for later model years. 
                            <E T="03">See</E>
                             42 U.S.C. 7521(b)(1).
                        </P>
                    </FTNT>
                    <P>
                        Particularly in light of this history, the term “air pollution” as used in CAA section 202(a)(1) must be construed in context with the specific air pollutants and air pollution concerns identified in the remainder of CAA section 202. Each of these listed pollution control targets share the common quality of causing or contributing to air pollution that adversely impacts public health or welfare through local or regional exposure to the air pollution itself. CAA section 202 specifically requires the EPA to prescribe emission standards with various minimum content for HCs, CO, NO
                        <E T="52">X</E>
                        , and PM, all of which harm human health and the environment through exposure (
                        <E T="03">e.g.,</E>
                         inhalation and dermal contact) or by causing or contributing to air pollution that harms health and the environment through exposure (
                        <E T="03">e.g.,</E>
                         smog and acid rain).
                        <SU>103</SU>
                        <FTREF/>
                         CAA section 202(
                        <E T="03">l</E>
                        ) also requires prescribing emission standards under CAA section 202(a)(1) for certain air pollutants that qualify as “toxic” or “hazardous” air pollutants, including benzene and formaldehyde.
                        <SU>104</SU>
                        <FTREF/>
                         Neither GHGs nor any of the individual “six well-mixed” GHGs defined in the Endangerment Finding by reference to global climate change concerns appear 
                        <PRTPAGE P="7713"/>
                        anywhere in CAA section 202.
                        <SU>105</SU>
                        <FTREF/>
                         That pattern holds for the criteria pollutants identified in the CAA—CO, lead, ozone (O
                        <E T="52">3</E>
                        ), nitrogen dioxide (NO
                        <E T="52">2</E>
                        ), PM, and SO
                        <E T="52">2</E>
                        —as well as the initial list of hazardous air pollutants in CAA section 112(b)(1).
                        <SU>106</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>103</SU>
                             
                            <E T="03">See, e.g.,</E>
                             42 U.S.C. 7521(a)(3)(A)(i), (b), (g), (h), (j), (k).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>104</SU>
                             42 U.S.C. 7521(
                            <E T="03">l</E>
                            ). Such regulations may include fuel standards under issued under the EPA's fuel and fuel additive authority in CAA section 211.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>105</SU>
                             Notably, in the last major amendments to the Clean Air Act in 1990, Congress specified “
                            <E T="03">nonmethane</E>
                             hydrocarbons (NMHC)” when adding additional minimum requirements for HC, CO, NO
                            <E T="52">X,</E>
                             and PM emission standards at CAA section 202(g) and (h). Public Law 101-549, section 203, 104 Stat. 2399, 2474 (emphasis added) (codified at 42 U.S.C. 7521(g), (h)).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>106</SU>
                             42 U.S.C. 7412(b)(1).
                        </P>
                    </FTNT>
                    <P>
                        We find it significant that in subjecting a number of air pollutants emitted by new motor vehicles and engines to regulation under CAA section 202, Congress did not include substances that are potentially indirectly harmful to public health or welfare based on elevated global concentrations in the upper atmosphere. That conspicuous omission supports the conclusion that emissions subject to regulation under CAA section 202(a) are those that cause or contribute to air pollution which itself endangers public health or welfare through local or regional exposure.
                        <SU>107</SU>
                        <FTREF/>
                         For certain regulated air pollutants, the emissions themselves are the air pollution that endangers public health or welfare, 
                        <E T="03">i.e.,</E>
                         emissions are the air pollution with adverse health and welfare impacts. An example is CO, which can be harmful, and even fatal, to humans at sufficient localized concentrations.
                        <SU>108</SU>
                        <FTREF/>
                         For other regulated air pollutants, emissions contribute to air pollution that endangers public health or welfare by interacting with other airborne chemicals or environmental factors such as sunlight to create the air pollution that endangers public health or welfare, 
                        <E T="03">i.e.,</E>
                         the emitted air pollutants are ingredients that create the air pollution that endangers public health or welfare in combination. An example is acid rain, in which air pollutants such as SO
                        <E T="52">2</E>
                         interact locally and regionally with additional airborne chemicals to form acidic precipitation.
                        <SU>109</SU>
                        <FTREF/>
                         Another example is NO
                        <E T="52">X</E>
                        , which reacts with VOCs in the presence of heat and sunlight to create ground-level ozone as the airborne chemicals are carried by wind over geological features amenable to ground-level ozone formation.
                        <SU>110</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>107</SU>
                             As discussed herein, the references to GHGs in the CAA are in 
                            <E T="03">non</E>
                            -regulatory contexts in which Congress authorized funding for various forms of research and grant programs and the Renewable Fuel Standard (RFS) program. The choice to limit such references to non-regulatory solutions and the RFS program, which applies to refiners and importers, further supports the conclusion that the CAA section 202(a) regulatory authority for responding to endangerment does not encompass GHG emissions in connection with global climate change concerns.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>108</SU>
                             U.S. Environmental Protection Agency. (Last updated Oct. 7, 2025). Carbon Monoxide's Impact on Indoor Air Quality: 
                            <E T="03">https://www.epa.gov/indoor-air-quality-iaq/carbon-monoxides-impact-indoor-air-quality.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>109</SU>
                             U.S. Environmental Protection Agency. (Last updated Mar. 4, 2025). What is Acid Rain?: 
                            <E T="03">https://www.epa.gov/acidrain/what-acid-rain.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>110</SU>
                             U.S. Environmental Protection Agency. (Last updated Mar. 11, 2025). Ground-level Ozone Basics: 
                            <E T="03">https://www.epa.gov/ground-level-ozone-pollution/ground-level-ozone-basics.</E>
                        </P>
                    </FTNT>
                    <P>
                        We also emphasize that expanding CAA section 202(a)(1) to encompass global climate change concerns required the EPA to take the admittedly “unique” approach of finding endangerment and contribution where the overwhelming majority of relevant emissions hails from international sources. Although we justified this approach by concluding as a policy matter that all sources must “do their part” to avoid a collective action problem, Congress has specifically provided in the CAA when and how the EPA may consider international emissions. For example, CAA section 115 authorizes the EPA to require controls for domestic emissions that contribute to air pollution that endangers public health or welfare in another country only when, among other things, that country has adopted reciprocal protections for emissions into the United States.
                        <SU>111</SU>
                        <FTREF/>
                         CAA section 179B authorizes the EPA to account for the impact of international emissions on NAAQS attainment under certain conditions.
                        <SU>112</SU>
                        <FTREF/>
                         Most importantly, Congress adopted a new regulatory regime in 1990—Title VI—in response to global concerns about depletion of the ozone layer, which contains its own findings, policies, and regulatory authorities that required the EPA to phase out domestic use of ozone-depleting substances.
                        <SU>113</SU>
                        <FTREF/>
                         None of these provisions encompass GHG emissions, and all support the conclusion that Congress does not presume that general authorities in the CAA encompass international emissions. Rather, Congress knows how to provide for the consideration of and regulation in response to international emissions, and has not done so for GHG emissions in the CAA section 202 provisions governing new motor vehicle and engine emissions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>111</SU>
                             42 U.S.C. 7415.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>112</SU>
                             42 U.S.C. 7509a.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>113</SU>
                             42 U.S.C. 7671 
                            <E T="03">et seq.</E>
                        </P>
                    </FTNT>
                    <P>
                        The definition of “air pollutant” in CAA section 302(g) and the ordinary meaning of the undefined terms pollutant, pollution, and air pollution support this reading. At the time Congress added these terms to CAA section 202(a)(1), the term “pollutant” was defined as “[a]nything that pollutes; especially, any gaseous, chemical, or organic waste that contaminates air, soil, or water,” 
                        <SU>114</SU>
                        <FTREF/>
                         and “pollution” was defined as “[t]he contamination of soil, water or the atmosphere by the discharge of noxious substances.” 
                        <SU>115</SU>
                        <FTREF/>
                         The definition of the root word “pollute”—“[t]o dirty, contaminate,” confirms the relationship of these terms to concepts of contamination and toxicity.
                        <SU>116</SU>
                        <FTREF/>
                         The central concept is the addition of a contaminant, something that “make[s] impure by contact or mixture.” 
                        <SU>117</SU>
                        <FTREF/>
                         CAA section 302(g) defines “air pollutant” is any “air pollution agent or combination of such agents” that “is emitted into or otherwise enters the ambient air.” 
                        <SU>118</SU>
                        <FTREF/>
                         Read together with CAA section 202(a)—as the Supreme Court held we must in 
                        <E T="03">UARG</E>
                        —the underlying concept of dangerousness and contamination reinforces the conclusion that air pollution which endangers public health or welfare is air pollution (caused or contributed to by air pollutants) that itself endangers public health or welfare through local or regional exposures.
                    </P>
                    <FTNT>
                        <P>
                            <SU>114</SU>
                             
                            <E T="03">Pollutant,</E>
                             Am. Heritage Dictionary 1015 (1970); 
                            <E T="03">see also Pollutant,</E>
                             3 Webster's Third New Int'l Dictionary 1756 (1966) (“something that pollutes: a polluting substance, medium or agent”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>115</SU>
                             
                            <E T="03">Pollution,</E>
                             Am. Heritage Dictionary 1015 (1970); 
                            <E T="03">see also Pollution,</E>
                             3 Webster's Third New Int'l Dictionary 1756 (1966) (“the action of polluting or the state of being polluted: defilement, desecration, impurity, uncleanness”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>116</SU>
                             
                            <E T="03">Pollute,</E>
                             Am. Heritage Dictionary 1015 (1970); 
                            <E T="03">see also Pollute,</E>
                             Black's Law Dictionary 1043 (5th ed 1979) (“To corrupt or defile. The contamination of soil, air and water by noxious substances and noises.”); 
                            <E T="03">Pollute,</E>
                             3 Webster's Third New Int'l Dictionary 1756 (1966) (“to make physically impure or unclean: befoul, dirty, taint”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>117</SU>
                             
                            <E T="03">Contaminate,</E>
                             Am. Heritage Dictionary 156 (1970); 
                            <E T="03">see also Contaminate,</E>
                             1 Webster's Third New Int'l Dictionary 491 (1966) (“to soil, stain, corrupt, or infect by contact or association”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>118</SU>
                             42 U.S.C. 7602(g).
                        </P>
                    </FTNT>
                    <P>
                        Contemporaneous usage of the term “air pollution” in the 1960s and 1970s further indicate the term was understood in this way when Congress adopted it into Title II of the CAA. Judicial decisions issued close in time to the public debates and enactment of the CAA Amendments of 1970 used the term exclusively in reference to local and regional exposure.
                        <SU>119</SU>
                        <FTREF/>
                         News reports 
                        <PRTPAGE P="7714"/>
                        and legislative debates leading up to the 1970 Amendments similarly attacked air pollution problems arising from local and regional exposure, including smog and health and welfare impacts related to inhalation and physical contact.
                        <SU>120</SU>
                        <FTREF/>
                         This pattern of usage is consistent with subsequent legislative amendments to CAA section 202, which added provisions specific to criteria pollutants and air toxics fitting this profile, and with the EPA's course of mobile-source regulation until 2009. In reviewing the relevant history, including materials received during the public comment period, we have not identified an authoritative source suggesting that the ordinary meaning of “air pollution” would have included, without additional modifying language, gases that may endanger public health or welfare only on a global scale and through an attenuated and indirect causal chain.
                    </P>
                    <FTNT>
                        <P>
                            <SU>119</SU>
                             
                            <E T="03">See, e.g.,</E>
                              
                            <E T="03">Washington</E>
                             v. 
                            <E T="03">GM Corp.,</E>
                             406 U.S. 109, 115-16 (1972) (declining to exercise original jurisdiction over complaint alleging conspiracy to restrain the development of air pollution control devices for motor vehicles because, although “Congress has largely preempted the field with regard to `emissions from new motor vehicles,' . . . geophysical characteristics which define local and regional airsheds are often significant considerations in determining the steps necessary 
                            <PRTPAGE/>
                            to abate air pollution”); 
                            <E T="03">Friends of Earth</E>
                             v.
                            <E T="03"> FCC,</E>
                             449 F.2d 1164, 1165-66 (D.C. Cir. 1971) (addressing challenge to the FCC's treatment of automobile advertisements that petitioners alleged took a position on motor vehicle air pollution worsening local conditions in New York City, including “dangerous hydrocarbons in the air”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>120</SU>
                             
                            <E T="03">See, e.g., Coal. for Responsible Regulation,</E>
                             2012 U.S. App. LEXIS 25997, at *32-37 (Brown, J., dissenting from denial of rh'g en banc) (summarizing relevant history).
                        </P>
                    </FTNT>
                    <P>
                        The “air pollution” addressed in the Endangerment Finding is different in kind. In that decision, the Administrator defined the relevant “air pollutant” as six “well-mixed GHGs” and the relevant “air pollution” as total global concentrations of “the combined mix of” these GHGs “which together, constitute the root cause of human-induced climate change and the resulting impacts on public health and welfare.” 74 FR 66516. In contrast to the air pollution addressed expressly in CAA section 202 and elsewhere in the statute, GHGs do not endanger public health or welfare through local or regional exposure. Rather, the Endangerment Finding asserted that GHG “air pollution” would 
                        <E T="03">lead to</E>
                         increases in global temperature and change to ocean pH that, in turn, would 
                        <E T="03">lead to</E>
                         environmental phenomena, in combination with an open-ended universe of additional factors, which would potentially have adverse health and welfare impacts of varying severity in certain regions. Indeed, the Administrator expressly admitted at the time that the circumstances were “unique” because “[n]one of th[e] human health effects” identified in the Endangerment Finding “are associated with direct exposure to greenhouse gases.” 74 FR 66527. With respect to welfare effects, the Administrator acknowledged that the primary effects of concern could be considered health 
                        <E T="03">or</E>
                         welfare impacts 
                        <SU>121</SU>
                        <FTREF/>
                         and that certain welfare impacts were “effects on people that do not rise to the level of health effects” but utilize the same causal chain. 74 FR 66527; see 74 FR 66531 (explaining that the Endangerment Finding considered the same causal “pathways” in analyzing “public health” and “public welfare”).
                        <SU>122</SU>
                        <FTREF/>
                         Regulating GHG emissions based on global climate change concerns requires reading an additional instance of “cause, or contribute” into the statute, such that CAA section 202(a) encompasses the `emission of air pollutants that cause, or contribute to, air pollution that causes, or contributes to, endangerment of public health or welfare.'
                    </P>
                    <FTNT>
                        <P>
                            <SU>121</SU>
                             For example, the EPA in the Endangerment Finding understood impacts on “well-being” as used in the CAA section 302(h) definition of “welfare” to be relevant “whether [the impacts] resul[t] directly or indirectly from the pollution in the air.” 74 FR 66528.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>122</SU>
                             The Agency acknowledged that difficult questions about the distinction between health and welfare impacts was something the “EPA has not had to resolve” in the past, “as it has been clear whether the effects relate to public health or relate to public welfare, with no confusion over what category was at issue.” 74 FR 66527. Rather than take this analytical difficulty as a sign that the causal chain was different in kind from the type of “air pollution” addressed by CAA section 202(a)(1), however, we proceeded to finalize a novel invocation of authority to regulate in response to global climate change concerns.
                        </P>
                    </FTNT>
                    <P>
                        This interpretation is also supported by the best reading of the terms “cause,” “contribute,” and “reasonably be anticipated to endanger.” In enacting and amending CAA section 202(a)(1), Congress legislated against background legal principles, including principles of causation and proximate cause.
                        <SU>123</SU>
                        <FTREF/>
                         These “default rules” are “presumed to have [been] incorporated, absent an indication to the contrary in the statute itself,” 
                        <SU>124</SU>
                        <FTREF/>
                         and nothing in the text of CAA section 202(a)(1) indicates that Congress intended to depart from ordinary legal meaning. Indeed, Congress affirmatively incorporated proximate cause principles when it added the phrase “may reasonably be anticipated” to the statute in 1977 amendments to the CAA. That phrasing is another way of saying “reasonably foreseeable,” a longstanding touchstone of proximate cause.
                        <SU>125</SU>
                        <FTREF/>
                         As a general matter, there is a point at which harm no longer has a sufficiently close connection to the relevant conduct to reasonably draw a causal link. Emissions from new motor vehicles and new motor vehicle engines in the United States do not have a sufficiently close connection to the adverse impacts identified in the Endangerment Finding to fit within the legal meaning of “cause” or “contribute.” This reading is complemented by the term “reasonably” in the phrase “air pollution which may reasonably be anticipated to endanger public health or welfare.” Like the terms “cause” and “contribute,” the term “reasonably” places an outer legal limit on the authority to anticipate dangers to public health and welfare from air pollution. The greater the number of causal links involved in anticipating such endangerment, the more difficult it is to qualify that anticipation as “reasonable.”
                    </P>
                    <FTNT>
                        <P>
                            <SU>123</SU>
                             
                            <E T="03">See, e.g.,</E>
                              
                            <E T="03">Bank of Am. Corp.</E>
                             v. 
                            <E T="03">City of Miami,</E>
                             581 U.S. 189, 201 (2017); 
                            <E T="03">Lexmark Int'l, Inc.</E>
                             v. 
                            <E T="03">Static Control Components, Inc.</E>
                            , 572 U.S. 118, 132 (2014); 
                            <E T="03">Univ. of Tex. Sw. Med. Ctr.</E>
                             v. 
                            <E T="03">Nassar,</E>
                             570 U.S. 338, 347 (2013); 
                            <E T="03">City of Oakland</E>
                             v. 
                            <E T="03">Wells Fargo &amp; Co.,</E>
                             14 F.4th 1030 (9th Cir. 2021) (en banc).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>124</SU>
                             
                            <E T="03">Nassar,</E>
                             570 U.S. at 347.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>125</SU>
                             
                            <E T="03">Foreseeable,</E>
                             1 Webster's Third New Int'l Dictionary 890 (1966) (“being such as may reasonably be anticipated”); 
                            <E T="03">see, e.g.,</E>
                              
                            <E T="03">Hicks</E>
                             v. 
                            <E T="03">United States,</E>
                             511 F.2d 407, 421 (D.C. Cir. 1975) (finding “proximate cause” satisfied because it was “foreseeable” that a hospital's release without warning of an alcoholic patient with a history of abusing his wife could result in harm to the patient's wife).
                        </P>
                    </FTNT>
                    <P>
                        Notably, contemporary understandings of terms used in the CAA section 302(h) definition of “welfare” also support the understanding that CAA section 202(a)(1) encompasses air pollution with adverse impacts from local or regional exposure. The statute provides that references to “effects on welfare” include “effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and climate,” damage to property, transportation hazards, and effects on economic values and personal comfort and well-being. The ordinary meaning of “climate,” an undefined term, was “[t]he prevailing weather in a particular region” or “[a] region manifesting particular meteorological conditions.” 
                        <SU>126</SU>
                        <FTREF/>
                         Similarly, “weather” meant “[t]he state of the atmosphere at a given time and place, described by temperature, moisture, wind velocity, and pressure.” 
                        <SU>127</SU>
                        <FTREF/>
                         Both terms must also be read together in context, including by reference to the other terms enumerated in the list.
                        <SU>128</SU>
                        <FTREF/>
                         Each of the other terms in 
                        <PRTPAGE P="7715"/>
                        the definition refers to things and mechanisms of action that occur in a particular place or under regionally bounded conditions. The terms Congress used to define “welfare” speak to air pollution with adverse impacts from local and regional exposure, not global climate change concerns that require a very different and much longer causal chain. The definition is broad enough to encompass the various air pollutants and air pollution of concern, each of which interacts differently with the environment—smog, particulate matter, and the like. Congress understood that air pollution challenges varied from State-to-State and region to region, while, at the same time, recognizing that the most acute challenges—smog in highly populated urban areas, for example—had similarities that would benefit from national standards.
                        <SU>129</SU>
                        <FTREF/>
                         But none of the many terms listed in the definition of welfare would have been understood, absent modifying terms, to refer to global considerations. Nor has Congress added terms like “global” or “change” that would have expanded the scope of the effects on welfare encompassed within the definition.
                        <SU>130</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>126</SU>
                             
                            <E T="03">Climate,</E>
                             Am. Heritage Dictionary 136 (1970); 
                            <E T="03">see, e.g.,</E>
                              
                            <E T="03">Alameda Cons. Ass'n</E>
                             v. 
                            <E T="03">California,</E>
                             437 F.2d 1087, 1096 (9th Cir. 1971) (using “climate” to discuss local environmental conditions in San Francisco Bay); Levenson's Case, 194 N.E.2d 103, 105 (Mass. 1963) (using “climate” to address whether moving to another state with a different climate is a covered medical expense).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>127</SU>
                             
                            <E T="03">Weather,</E>
                             Am. Heritage Dictionary 785 (1970).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>128</SU>
                             
                            <E T="03">See</E>
                              
                            <E T="03">Fischer</E>
                             v. 
                            <E T="03">United States,</E>
                             603 U.S. 480, 487 (2024) (“[T]he canon of 
                            <E T="03">noscitur a sociis</E>
                             teaches that a word is `given more precise content by the neighboring words with which it is associated.' 
                            <PRTPAGE/>
                            That `avoid[s] ascribing to one word a meaning so broad that it is inconsistent with' `the company it keeps' ” (citations omitted));
                            <E T="03"> Gustafson</E>
                             v. 
                            <E T="03">Alloyd Co.,</E>
                             513 U.S. 561, 575 (1995) (applying canon to interpret the broad term “communication,” as used in a statutory definition of “prospectus,” to mean only public-facing communications that offer securities).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>129</SU>
                             
                            <E T="03">See, e.g.,</E>
                             S. Rep. 91-1196, at 1-8, 24 (1970) (discussing need for and intent of Senate bill that would eventually form much of the 1970 CAA by reference to urban pollution problems and areas in proximity to stationary and mobile sources and recognizing that “protection of the public health and welfare requires definitive knowledge of the causal relationships between exposure to air pollution agents . . . under varying environmental conditions”); H.R. Rep. 91-1146, at 6 (1970) (similar for House bill that informed aspects of the 1970 CAA).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>130</SU>
                             As discussed further in this section of the preamble and the Response to Comments document, Congress has used such language to specify the relevance of global climate change concerns in more recent amendments to different programs. CAA section 211(o)(2)(B)(ii), for example, provides that the EPA must consider the impact of the production and use of renewable fuels on “climate 
                            <E T="03">change”</E>
                             when setting renewable fuel volumes under the RFS program. 42 U.S.C. 7545(o)(2)(B)(ii) (emphasis added); 
                            <E T="03">see id.</E>
                             7545(o)(1) (defining various renewable fuels in part by reference to GHG emissions).
                        </P>
                    </FTNT>
                    <P>
                        The Endangerment Finding largely avoided addressing these interpretive problems by severing the question whether GHG emissions from new motor vehicle engines contribute to GHG concentrations in the atmosphere from the question whether GHG concentrations in the atmosphere endanger public health and welfare. As discussed in further detail below, there is no basis in the statute for severing the inquiry in that way. Nevertheless, even with respect to endangerment and contribution in isolation, global climate change concerns involve causal relationships that are too uncertain, conjectural, remote, and convoluted by intervening and confounding factors to fit within the terms “cause,” “contribute,” and “reasonably be anticipated to endanger” as used in CAA section 202(a)(1). This understanding follows from the position discussed above that CAA section 202(a)(1) and the statute more generally were designed to address air pollution with harmful impacts from local and regional exposure and that are amenable to analysis using ordinary causation standards. In specifying that emissions may “cause, 
                        <E T="03">or</E>
                         contribute to” air pollution, and that air pollution need only “be reasonably anticipated to endanger public health or welfare,” Congress signaled that regulation may be appropriate when harm is not yet occurring or is not certain to occur. But that language bearing on the degree of certainty required does not override ordinary background principles governing the limits of an attenuated causal chain.
                    </P>
                    <P>
                        Ultimately, the Endangerment Finding did not reflect consideration of the interpretive principles or ordinary meaning of the relevant terms discussed above. With respect to “air pollution,” the Administrator in 2009 asserted an unlimited discretion to decide what the EPA may target through regulation by defining “air pollution” without reference to the best reading of the statutory term. 74 FR 66516-17. Neither the factors used to select the six GHGs—that they are (a) “directly-emitted,” (b) “long-lived,” and (c) “well-mixed”—nor the reasons used to support this definition—that they (1) “share common properties,” (2) are “estimated to be the primary cause of human-induced climate change,” (3) are “the common focus of climate change science research and policy analyses,” (4) have not been “assessed on an individual gas approach,” and (5) that the Agency had combined certain pollutants in the past—are rooted in the ordinary meaning of “air pollution” or any other statutory term in CAA section 202(a)(1). 
                        <E T="03">Id.</E>
                         Instead, the Administrator extended discussion in 
                        <E T="03">Massachusetts</E>
                         of the CAA section 302(g) definition of “air pollutant” to the undefined term “air pollution,” reasoning that because the EPA could group multiple air pollutants into a “combination of such agents,” there was no relevant statutory limit to the Agency's discretion to identify subjects for regulation. 74 FR 66537. Nor did the Administrator in 2009 grapple with the ordinary meaning of the terms used in the CAA section 302(h) definition of welfare, including “climate,” consider the full range of evidence bearing on the ordinary meaning of “reasonably be anticipated to endanger,” or appropriately evaluate the full context and structure relevant to CAA section 202(a)(1). In short, we now conclude that the legal analysis conducted in the Endangerment Finding, as well the resulting interpretation, cannot be squared with the longstanding principles that now trump deference to agency statutory interpretation under 
                        <E T="03">Loper Bright.</E>
                    </P>
                    <P>
                        In finalizing a different interpretation, we note that a limiting construction is necessary to avoid absurd results and potential conflict with the nondelegation doctrine. Because Congress cannot delegate legislative powers to the Executive Branch, statutes granting an agency regulatory authority must provide an intelligible principle to guide its exercise.
                        <SU>131</SU>
                        <FTREF/>
                         Our authority under CAA section 202(a)(1) to “prescribe . . . standards” for emissions by any class or classes of new motor vehicles and engines is limited by the requirement that the Administrator find such emissions cause or contribute to air pollution that may reasonably be anticipated to endanger public health and welfare. The best reading of the statute recognized in this final action circumscribes this authority to air pollution that itself endangers health or welfare through local or regional exposure. Under the interpretation adopted in the Endangerment Finding, however, our authority under CAA section 202(a)(1) would have no readily discernible limiting principle, particularly in combination with the authority asserted to sever the analysis of endangerment and causation or contribution. Any “air pollutant” emitted by new motor vehicles or engines at more than 
                        <E T="03">de minimis</E>
                         volumes would trigger our authority and obligation to prescribe standards so long as emissions from any and all sources globally contributes to “air pollution” that, in turn, can be said to have any causal relationship to adverse impacts on public health and welfare, broadly defined.
                        <SU>132</SU>
                        <FTREF/>
                         Put another way, the 
                        <PRTPAGE P="7716"/>
                        Administrator in 2009 asserted authority to define the relevant “air pollution” without reference to any statutory limiting principle, leaving the EPA free to redefine the objectives of the regulatory scheme.
                    </P>
                    <FTNT>
                        <P>
                            <SU>131</SU>
                             
                            <E T="03">See, e.g.,</E>
                              
                            <E T="03">Gundy</E>
                             v. 
                            <E T="03">United States,</E>
                             588 U.S. 128 (2019).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>132</SU>
                             The consequences of this interpretation are not limited to mobile sources. When issuing the Endangerment Finding, the EPA understood that stationary sources would be subject to a variety of PSD and Title V permitting obligations related to GHG emissions.
                        </P>
                    </FTNT>
                    <P>
                        That limitless construction of CAA section 202(a)(1) cannot be reconciled with the Supreme Court's instructions regarding the scope of agency authority in 
                        <E T="03">Loper Bright.</E>
                         Statutes have a single, best meaning that may include “a degree of discretion.” 603 U.S. at 369. But that discretion does not extend to redefining statutory terms in a manner inconsistent with ordinary meaning. Although “Congress has often enacted” statutes that “`expressly delegate[]' to an agency the authority to give meaning to a particular statutory term,” 
                        <E T="03">Loper Bright,</E>
                         603 U.S. at 394-95 (quoting 
                        <E T="03">Batterton</E>
                         v. 
                        <E T="03">Francis,</E>
                         432 U.S. 416, 425 (1977)), there is no such express delegation in CAA section 202.
                        <SU>133</SU>
                        <FTREF/>
                         Nor can extending CAA section 202(a)(1) to the regulation of GHGs in response to global climate change concerns plausibly be understood as “`fill[ing] up the details' of a statutory scheme.” 
                        <E T="03">Id.</E>
                         (quoting 
                        <E T="03">Wayman</E>
                         v. 
                        <E T="03">Southard,</E>
                         23 U.S. (10 Wheat.) 1, 43 (1825)). And “air pollution” is not a discretion-conferring “term or phrase that `leaves agencies with flexibility, such as `appropriate' or `reasonable.'” 
                        <E T="03">Id.</E>
                         (quoting 
                        <E T="03">Michigan,</E>
                         576 U.S. at 752). Under these circumstances the ordinary meaning of “air pollution” controls. The EPA has a degree of discretion in identifying and regulating emissions that cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. But that discretion does not extend to redefining “air pollution” from the local and regional exposure problems understood at the time of enactment and addressed throughout the statute to global climate change concerns.
                        <SU>134</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>133</SU>
                             
                            <E T="03">See, e.g., Batterton,</E>
                             432 U.S. at 417 n.2 (interpreting statutory phrase “by reason of the unemployment (as determined in accordance with standards prescribed by the Secretary)”); 42 U.S.C. 7410(m) (authorizing the application of sanctions under certain conditions “in relation to any plan or plan item (
                            <E T="03">as that term is defined by the Administrator</E>
                            )”) (emphasis added), 7411(i) (excluding from certain stationary source regulations “country elevators (
                            <E T="03">as defined by the Administrator</E>
                            )”) (emphasis added); 33 U.S.C. 1311(b)(1)(A) (requiring application of “the best practicable control technology currently available 
                            <E T="03">as defined by the Administrator”</E>
                            ) (emphasis added).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>134</SU>
                             In reaching this conclusion, we are mindful that the Sixth Circuit recently applied 
                            <E T="03">Loper Bright</E>
                             to hold that the FCC exceeded its statutory authority in a 2024 order that subjected broadband internet service providers to “net-neutrality principles.” 
                            <E T="03">Ohio Telecom Ass'n,</E>
                             124 F.4th at 997. With respect to mobile broadband, the FCC had interpreted “the public switched network” to include not only the traditional telephone numbers comprising the network at the time the statute was enacted, but also public internet protocol (“IP”) addresses. 
                            <E T="03">Id.</E>
                             at 1011. The court rejected this approach, holding as a matter of statutory interpretation that “delegation is not unfettered” and that “nothing in the statute . . . permits the FCC to effectively change the statute's original meaning of `the public switched network' . . . by adding `public IP addresses' to adapt to new technology.” 
                            <E T="03">Id.</E>
                             at 1012 (citing 
                            <E T="03">Loper Bright,</E>
                             603 U.S. at 395).
                        </P>
                    </FTNT>
                    <P>
                        Indeed, the Endangerment Finding did not even limit the definitions selected for “air pollutant” or “air pollution” to gases emitted by new motor vehicles or engines. Rather, the Administrator defined the terms to include any “climate forcer” that met the identified criteria and expressly reserved the right to add to the six “well-mixed” GHGs in future actions. 74 FR 66520-21. Nor were the identified criteria—that GHGs are long-lived, directly emitted, and well-mixed—tied to any statutory language that requires the EPA to retain them or prevents the Agency from further expanding the category. Instead, the Administrator asserted “broad discretion to determine appropriate combinations of compounds that should be treated as a single air pollutant.” 74 FR 66537. In other words, under this interpretation of CAA section 202(a)(1), the only limit on our authority to regulate in response to global climate change is the exercise of reasonable discretion.
                        <SU>135</SU>
                        <FTREF/>
                         The best reading of the statute, and the reading we restore in this final action, avoids this concern by giving the terms Congress selected their full and ordinary meaning.
                        <SU>136</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>135</SU>
                             
                            <E T="03">See</E>
                              
                            <E T="03">Whitman</E>
                             v. 
                            <E T="03">Am. Trucking Ass'ns,</E>
                             531 U.S. 457, 474 (2001) (“The idea that an agency can cure an unconstitutionally standardless delegation of power by declining to exercise some of that power seems to us internally contradictory. The very choice of which portion of the power to exercise—that is to say, the prescription of the standard that Congress had omitted—would 
                            <E T="03">itself</E>
                             be an exercise of the forbidden legislative authority.”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>136</SU>
                             
                            <E T="03">See</E>
                              
                            <E T="03">Feliciano</E>
                             v. 
                            <E T="03">DOT</E>
                            , 605 U.S. 38, 55 n.6 (2025) (recognizing that “considerations of constitutional avoidance might counsel in favor of a narrowing construction of certain laws”); Crowell v. Benson, 285 U.S. 22, 62 (1932) (summarizing constitutional avoidance principles);
                            <E T="03"> Hignell-Start</E>
                             v. 
                            <E T="03">City of New Orleans,</E>
                             154 F.4th 353, 360 (5th Cir. 2025) (accepting city's interpretation of an ordinance that avoided constitutional problems).
                        </P>
                    </FTNT>
                    <P>
                        Under the logic of the Endangerment Finding, water vapor (H
                        <E T="52">2</E>
                        O) emissions from vehicles and engines could meet the standard for regulation because the presence of additional water from all human activities around the world can be said to contribute to water-based disasters. See 74 FR 66520. The EPA would have the authority, and statutory duty, to prescribe standards for water vapor that would then trigger various permitting obligations—indeed, water is a recognized GHG, albeit one the EPA declined to regulate on a discretionary basis in 2009. Nor does this logic recognize any statutory limits to regulating pollutants under the global climate change concerns reading of CAA section 202(a)(1) that are addressed more specifically by other provisions of the statute, including black carbon (a form of the criteria pollutant PM), ground-level ozone (formed by the criteria pollutant NO
                        <E T="52">x</E>
                        ), and ozone-depleting substances (including those specifically addressed by Title VI and the Montreal Protocol). The Administrator declined to include these matters in the six “well-mixed” GHGs encompassed within the Endangerment Finding but remained open to future actions treating them as a climate issue. Because that reading effectively converts CAA section 202(a)(1) into a roaming license to “prescribe . . . standards,” the reading finalized in this action is more faithful to the governing principles of statutory interpretation.
                    </P>
                    <P>
                        The EPA is also finalizing that the futility of GHG emission standards in addressing the adverse health and welfare impacts predicted in the Endangerment Finding support this interpretation of CAA section 202(a)(1). At proposal, we sought comment on whether the EPA must consider the potential impact of regulation when applying CAA section 202(a)(1) and, if so, how this interpretation should inform any final action. We received significant comments on the efficacy of the EPA's GHG emission standards to date, particularly with respect to their limited impact on projected trends in GMST and GSLR and the relevance of the impacts of regulation on the interpretation of CAA section 202(a)(1). As discussed further in section V.C of this preamble, we conclude that even the complete elimination of GHG emissions from all new and existing LD, MD, and HD vehicles would have a 
                        <E T="03">de minimis</E>
                         impact on these values as a proxy for adverse health and welfare impacts. When accounting for the emissions reduction potential of GHG emission standards and their application only to new vehicles and engines, the 
                        <E T="03">de minimis</E>
                         nature of these impacts becomes even clearer. The trivial impacts of eliminating GHG emissions on trends in GMST and GSLR—which are less than one percent of the projected changes through 2050 and 2100 once the nature of the GHG emission standards are taken into account—are squarely in line with regulatory and judicial precedents treating values of approximately one percent or more as 
                        <E T="03">de minimis.</E>
                    </P>
                    <P>
                        Courts have long recognized the “background” legal principle “against 
                        <PRTPAGE P="7717"/>
                        which all enactments are adopted” that general language does not encompass 
                        <E T="03">de minimis</E>
                         concerns. 
                        <E T="03">Wis. Dep't of Rev.</E>
                         v. 
                        <E T="03">William Wrigley Jr., Co.,</E>
                         505 U.S. 214, 231 (1992); see 
                        <E T="03">UARG,</E>
                         573 U.S. at 309 n.1. Unless the statute provides otherwise, agencies have implied authority to exempt 
                        <E T="03">de minimis</E>
                         concerns “when the burdens of regulation yield a gain of trivial or no value.” 
                        <E T="03">Ala. Power Co.</E>
                         v. 
                        <E T="03">Costle,</E>
                         636 F.2d 323, 360-61 (D.C. Cir. 1979). This conclusion informs our interpretation of CAA section 202(a)(1) by suggesting that the provision does not encompass the attenuated chain of causation required to invoke the authority to regulate GHG emissions where regulations cannot have more than a trivial impact on the identified dangers to health and welfare. Nothing in the statutory language suggests that Congress intended to overcome this background principle, and the both the Supreme Court and the D.C. Circuit have recognized its applicability in comparable environmental contexts.
                        <SU>137</SU>
                        <FTREF/>
                         Put another way, the inability of new motor vehicle and engine GHG emission standards to have any material impact on the global climate change concerns relied upon by the Agency in the 2009 Endangerment Finding suggests that it is unreasonable to conclude that GHG emissions from new motor vehicles and engines cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare. For further discussion, see section V.C of this preamble and the Response to Comments document.
                    </P>
                    <FTNT>
                        <P>
                            <SU>137</SU>
                             
                            <E T="03">See UARG,</E>
                             573 U.S. at 309 n.1; 
                            <E T="03">Ala. Power,</E>
                             636 F.2d at 360-61; 
                            <E T="03">see also</E>
                              
                            <E T="03">EPA</E>
                             v. 
                            <E T="03">EME Homer City Generation, L.P.,</E>
                             572 U.S. 489 (2014) (approving of approach that did not require additional emissions reductions from States that contributed trivially to nonattainment in other States); 
                            <E T="03">Ohio</E>
                             v. 
                            <E T="03">EPA</E>
                            , 997 F.2d 1520, 1534-35 (D.C. Cir. 1993) (accepting 
                            <E T="03">de minimis</E>
                             approach to CERCLA five-year risk reviews because the statute did not clearly prohibit the approach and anything less would be contrary to legislative design).
                        </P>
                    </FTNT>
                    <P>
                        Finalizing this interpretation effectively returns the EPA to its longstanding practice prior to 2009 of applying CAA section 202(a)(1) and related statutory endangerment provisions to air pollution that adversely impacts public health and welfare through local or regional exposure. As discussed further in sections III.A and V.B of this preamble, we historically utilized this authority on a relatively infrequent basis to prescribe standards for pollutants identified in the CAA itself, including NO
                        <E T="52">X</E>
                        , PM, HCs and other VOCs, and CO, and then only as a backstop when more specific CAA section 202 authorities were unavailable. The distinction between air pollution that harms public health and welfare through local and regional exposure and global “air pollution” consisting of GHG concentrations without any such direct impacts also played a role in our evaluation of waiver requests under CAA section 209.
                        <SU>138</SU>
                        <FTREF/>
                         Even in the Endangerment Finding, the Administrator recognized that “
                        <E T="03">[n]one”</E>
                         of the identified health impacts were “associated with direct exposure” and that we had previously applied CAA section 202(a)(1) to the “
                        <E T="03">more typical</E>
                         local or regional air pollution problem.” 74 FR 66527, 66538 (emphases added); see 74 FR 66531 (explaining that the Agency considered the same causal “pathways” in assessing public health and welfare impacts). In adopting a novel analytical approach in the Endangerment Finding, we failed to adequately address this prior practice and improperly relied on the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         for the proposition that CAA section 202(a)(1) authorizes emission standards in response to air pollution raising global climate change concerns. As discussed below, 
                        <E T="03">Massachusetts</E>
                         did not separately construe the scope of the EPA's authority to regulate under CAA section 202(a)(1), and the Court has since made clear in 
                        <E T="03">UARG</E>
                         and 
                        <E T="03">West Virginia</E>
                         that our authority to regulate an “air pollutant” encompassed within the Act-wide definition must be evaluated in the context of the particular statutory provision that confers authority to regulate.
                    </P>
                    <FTNT>
                        <P>
                            <SU>138</SU>
                             
                            <E T="03">See, e.g.,</E>
                             “California State Motor Vehicle Pollution Control Standards; Notice of Decision Denying a Waiver of Clean Air Act Preemption for California's 2009 and Subsequent Model Year Greenhouse Gas Emission Standards for New Motor Vehicles,” 73 FR 12156, 12161 (Mar. 6, 2008) (denying California's waiver request for GHG emission standards on the ground that “the different, and global, nature of the pollution at issue” requires a different conceptual approach); 
                            <E T="03">see also</E>
                             “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” 84 FR 51310, 51328-52 (Sept. 27, 2019) (summarizing and applying this interpretation).
                        </P>
                    </FTNT>
                    <P>
                        In 
                        <E T="03">Massachusetts,</E>
                         the Supreme Court rejected the argument that GHGs are not “air pollutants” under the Act-wide definition, reasoning that CAA section 302(g)'s use of the word “any” in connection with “air pollutant agent or combination of such agents, including any physical [or] chemical . . . substance” was sufficiently broad to encapsulate the combination of GHGs at issue. 549 U.S. at 530. On this basis, the Court stated that the EPA “has the statutory authority to regulate the emission of such gases from new motor vehicles.” 
                        <E T="03">Id.</E>
                         at 532. The Court did not, however, separately decide whether including GHGs within the definition of “air pollutant” meant that we must find that GHGs meet the statutory standard for regulation under CAA section 202(a) because they cause or contribute to air pollution which endangers the public health or welfare. Rather, the Court emphasized that its review of the denial of the rulemaking petition was “extremely limited” and concluded its opinion by clarifying that it “need not and do[es] not reach the question whether on remand EPA must make an endangerment finding.” 
                        <E T="03">Id.</E>
                         at 527, 534.
                    </P>
                    <P>
                        Consistent with 
                        <E T="03">Massachusetts,</E>
                         and reading that decision in harmony with 
                        <E T="03">UARG,</E>
                         we interpret the CAA as setting out a broad, threshold definition of “air pollutant” on an Act-wide basis that must be interpreted in the context of each applicable, particular provision granting regulatory authority in order to determine whether that provision authorizes the EPA to regulate an air pollutant under that particular authority. For purposes of CAA section 202(a)(1), that means that even if GHGs are “air pollutant[s]” as defined on an Act-wide basis, they must meet the statutory standard for regulating emissions from new motor vehicles and engines before we may invoke our regulatory authority. Put simply, regardless whether GHGs are “air pollutants” as defined in CAA section 302(g), they must satisfy the same standard as any other emitted “air pollutant” by causing or contributing to “air pollution which may reasonably be anticipated to endanger public health or welfare.”
                    </P>
                    <P>
                        This understanding is necessary to account for 
                        <E T="03">UARG,</E>
                         in which the Supreme Court distinguished between “the Act-wide definition” of air pollutant and the application of that definition to the Act's regulatory provisions. 573 U.S. at 320. The Court specifically addressed the holding in 
                        <E T="03">Massachusetts,</E>
                         adopting the argument that “while 
                        <E T="03">Massachusetts</E>
                         rejected EPA's categorical contention that [GHGs] could not be air pollutants for any purposes of the Act, it did not embrace EPA's [then] current, equally categorical position that [GHGs] must be air pollutants for all purposes regardless of the statutory context.” 
                        <E T="03">Id.</E>
                         (cleaned up).
                    </P>
                    <P>
                        In sum, CAA section 202(a)(1) does not provide authority to regulate GHGs based on global climate change concerns because that provision authorizes regulating only emissions that “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” The EPA must “ground its reasons for action or inaction in the statute,” 
                        <E T="03">Massachusetts,</E>
                         549 U.S. at 535, and 
                        <PRTPAGE P="7718"/>
                        “possess[es] only the authority that Congress has provided,” 
                        <E T="03">NFIB</E>
                         v. 
                        <E T="03">DOL,</E>
                         595 U.S. 109, 117 (2022). In finalizing this interpretation, we note that our actions must be consistent with “the single, best meaning” of the statute, “ `fixed at the time of enactment'” and resolved through application of “all relevant interpretive tools,” and cannot expand our authority in response to pressing concerns based on statutory silence or ambiguity. 
                        <E T="03">Loper Bright,</E>
                         603 U.S. at 400, 411 (quoting 
                        <E T="03">Wis. Cent.,</E>
                         585 U.S. at 284). Properly interpreted, the statute confers “regulatory flexibility” to respond to “changing circumstances and scientific developments,” 
                        <E T="03">Massachusetts,</E>
                         549 U.S. at 532, while bounding the scope of the EPA's authority to “air pollution” as that term was understood at the time of enactment.
                    </P>
                    <P>
                        <E T="03">Findings and Standards.</E>
                         The EPA is also finalizing as proposed that CAA section 202(a)(1) requires issuing emission standards together with the findings necessary to invoke our regulatory authority, rather than severing the regulatory action into separate endangerment and standards-setting proceedings. The statute begins by providing that the Administrator “shall prescribe . . . standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines,” and follows this requirement by describing the scope of the duty to regulate air pollutant emissions “which, in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” The best reading of the statute requires the Administrator, when prescribing any emission standard for new motor vehicles or engines, to find that the air pollutant or air pollutants emitted by the class or classes of new motor vehicles or engines subject to the standard cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.
                    </P>
                    <P>
                        The Endangerment Finding severed this statutory language by finding endangerment and contribution in the abstract for all potential CAA section 202 sources with respect to GHGs. In so doing, the Administrator vastly increased the Agency's authority by removing the restrictions Congress placed on the issuance of emission standards. As a result of this new conception of authority, the EPA may issue a single endangerment finding in the abstract with respect to emissions from all sources potentially subject to CAA section 202 (and their existing-source counterparts) without addressing the danger posed by any particular source category or the causal role of that particular source category in any identified danger. The EPA relied on the Endangerment Finding to prescribe emission standards for various classes of new motor vehicles and engines, as well as a variety of other sources under distinct statutory authorities, without making the requisite findings or assessment of factors necessary to regulate the sources in question.
                        <SU>139</SU>
                        <FTREF/>
                         Congress enacted CAA section 202(a)(1) as an integrated regulatory provision for a reason, and giving effect to the language of the statute requires the issuance of emission standards only when the Administrator has made an integrated finding of both endangerment and cause or contribution. Put another way, it is impermissible for the Administrator to make findings that trigger a duty to regulate without prescribing the emission standards required in response to such a finding, just as the Administrator may not prescribe emission standards without making the findings required by the statute.
                    </P>
                    <FTNT>
                        <P>
                            <SU>139</SU>
                             
                            <E T="03">See</E>
                             sections III.D and VII of this preamble for a summary of the EPA's rulemaking activities in response to the Endangerment Finding.
                        </P>
                    </FTNT>
                    <P>
                        This interpretation is consistent with the EPA's implementation of CAA section 202(a)(1) and similar provisions of the CAA prior to 2009. In the Endangerment Finding, the Administrator acknowledged that “typically endangerment and cause or contribute findings have been proposed concurrently with proposed standards under various sections of the CAA, including CAA section 201(a).” 74 FR 66501. That has also been our approach to other similarly worded provisions in the statute, including in response to petitions seeking findings and action under CAA section 115.
                        <SU>140</SU>
                        <FTREF/>
                         We believe that our historical practice under CAA section 202(a)(1) reflects the better reading of the statute and is entitled to greater weight. As the Supreme Court explained in 
                        <E T="03">Loper Bright,</E>
                         such weight is “especially warranted when an Executive Branch interpretation was issued roughly contemporaneously with enactment of the statute and remained consistent over time.” 603 U.S. at 386.
                    </P>
                    <FTNT>
                        <P>
                            <SU>140</SU>
                             42 U.S.C. 7415(a); 
                            <E T="03">see</E>
                             Her Majesty the Queen v. EPA, 912 F.2d 1525, 1533-34 (D.C. Cir. 1990) (deferring to the EPA's interpretation of CAA section 115(a) as requiring an integrated action because the statute's text and structure “creates a specific linkage between the endangerment finding and the remedial procedures”).
                        </P>
                    </FTNT>
                    <P>
                        In departing from the EPA's historical practice in the Endangerment Finding, the Administrator reasoned that “[t]he text of CAA section 202(a) is silent on this issue” and “invoked the procedural discretion that is provided by CAA section 202(a)'s lack of specific direction.” 74 FR 66501. We no longer maintain that CAA section 202(a)(1) is silent on the issue, as the statute sets out an integrated process that requires the EPA to prescribe standards when the Administrator finds certain conditions are met. When Congress intends a multi-step inquiry in the environmental context, it typically says so expressly. In the NAAQS program, for example, the CAA separates our authority to establish air quality criteria under CAA section 108 from our obligation to promulgate and revise NAAQS based on the criteria under CAA section 109, in addition to separating both of these regulatory steps from our duties to implement the NAAQS by reviewing State Implementation Plans (SIPs) or promulgating Federal Implementation Plans (FIPs) under CAA section 110 and related statutory provisions.
                        <SU>141</SU>
                        <FTREF/>
                         A particularly relevant analogy is Clean Water Act section 303(c)(4), which pairs the Administrator's authority to “determin[e] that a revised or new [water quality standard] is necessary to meet the requirements of this chapter” with the requirement that the Administrator “shall promptly prepare and publish proposed regulations” after making such a determination and “promulgate any revised or new standard . . . not later than ninety days after he publishes such proposed standards.” 
                        <SU>142</SU>
                        <FTREF/>
                         Even if CAA section 202(a)(1) were ambiguous or silent in this respect, agencies may no longer assert delegated discretionary authority when the statute is amenable to a single, best reading under ordinary tools of statutory interpretation. As the Supreme Court held in 
                        <E T="03">Loper Bright,</E>
                         “statutory ambiguity . . . is not a reliable indicator of actual delegation of discretionary authority to agencies.” 603 U.S. at 411.
                    </P>
                    <FTNT>
                        <P>
                            <SU>141</SU>
                             
                            <E T="03">See</E>
                             42 U.S.C. 7408, 7409, 7410.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>142</SU>
                             33 U.S.C. 1313(c)(4), (c)(4)(B). Various provisions of the SDWA and the Toxic Substances Control Act (TSCA) similarly articulate multi-step processes for determining risk and addressing risk through regulation using language that Congress did not include in CAA section 202. 
                            <E T="03">See, e.g., NRDC,</E>
                             67 F.4th at 398-402 (discussing the two-step process for promulgating national primary drinking water regulations under SDWA section 1412).
                        </P>
                    </FTNT>
                    <P>
                        Severing the EPA's standards-setting authority from the findings that trigger a duty to exercise that authority shaped the analysis in the Endangerment Finding in a manner that ran counter to the statute. The Endangerment Finding first projected adverse public health and welfare impacts of global climate change and attributed those adverse impacts to 
                        <PRTPAGE P="7719"/>
                        all manmade sources of GHG emission around the world and then, separately, used data from existing CAA section 202(a) sources in the United States to find that new motor vehicles and engines in the United States contributed to global GHG air pollution. The Administrator treated adaptation (adjustments to the effect of climate change that lessen impacts) and mitigation (reductions in emissions and global GHG concentrations unrelated to CAA section 202(a)(1) regulation) as outside the scope. 74 FR 66512. Moreover, the Administrator declined to consider cost, asserting that the Endangerment Finding imposed no regulatory requirements as a standalone action and relying on the Supreme Court's decision in 
                        <E T="03">Whitman</E>
                         v. 
                        <E T="03">American Trucking Associations,</E>
                         531 U.S. 457 (2001), that the EPA cannot consider cost in setting the NAAQS under CAA section 109(b)(1). 74 FR 66515. Nor did the Administrator consider potential beneficial impacts from climate change with respect to whether and which standards would be appropriate. See 74 FR 66524 (purporting to compare “risks and benefits” only with respect to endangerment).
                    </P>
                    <P>Severance also shaped all subsequent standards prescribed and revised in reliance on the Endangerment Finding in a manner we now conclude was unlawful. The EPA asserted in subsequent rulemakings that there was no need to make particularized findings for the relevant source category because the Endangerment Finding identified public health and welfare dangers and contribution for all CAA section 202 source categories. Nor did we consider the impacts of adaptation or mitigation when prescribing standards—considerations that the Endangerment Finding also treated as out of scope. As a result, the decision to sever meant that the EPA has never meaningfully considered or invited public comments on the cost, effectiveness, and continued propriety of its GHG regulatory program.</P>
                    <P>
                        These considerations should have been taken into account when the EPA triggered a duty to regulate in the Endangerment Finding by invoking our CAA section 202(a)(1) authority. CAA section 202(a)(2) expressly provides that “[a]ny regulation prescribed under paragraph (1) of this subsection . . . shall” provide adequate time for “the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.” 
                        <SU>143</SU>
                        <FTREF/>
                         CAA section 202(a)(1) authorizes the Administrator to “by regulation prescribe” standards “in accordance with the provisions of this section” and does not separately authorize standalone findings, meaning any action taken “under paragraph (1) of this subsection” is subject to the considerations in paragraph (2). In addition, the Supreme Court explained in 
                        <E T="03">Michigan</E>
                         that “agency action is lawful only if it rests `on a consideration of the relevant factors,' ” 576 U.S. at 750 (quoting 
                        <E T="03">State Farm,</E>
                         463 U.S. at 43), including “at least some attention to cost,” 
                        <E T="03">id.</E>
                         at 752.
                    </P>
                    <FTNT>
                        <P>
                            <SU>143</SU>
                             42 U.S.C. 7521(a)(2).
                        </P>
                    </FTNT>
                    <P>
                        Accordingly, we now conclude that the Administrator erred in analogizing the NAAQS program and the Supreme Court's decision in 
                        <E T="03">Whitman</E>
                         to avoid considering costs in the Endangerment Finding. Unlike CAA section 202(a)(1), the language in CAA section 109(b)(1) makes no reference to cost or implementation and focuses solely on the protection of public health. Nor does CAA section 109(b) include the lead time and technical feasibility concepts embedded in CAA section 202(a). And whereas CAA section 202(a)(1) sets out an integrated authority to prescribe emission standards when the provision's triggering condition is satisfied, CAA section 109(b)(1) uses mandatory language requiring the EPA to establish certain standards, the content and implementation of which are specified in various provisions throughout Title I of the Act. We further note that the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         did not address the question whether the EPA could issue standalone findings or bar the Administrator from taking cost and implementation concerns into account when exercising CAA section 202(a) authority. Rather, 
                        <E T="03">Massachusetts</E>
                         must be read together with 
                        <E T="03">Michigan,</E>
                         and the language of CAA section 202(a)(1) must be read in context to “produc[e] a substantive effect that is compatible with the rest of the law.” 
                        <E T="03">UARG,</E>
                         573 U.S. at 321 (quoting 
                        <E T="03">United Sav. Ass'n of Tex.</E>
                         v. 
                        <E T="03">Timbers of Inwood Forest Assocs.,</E>
                         484 U.S. 365, 371 (1988)).
                    </P>
                    <P>
                        <E T="03">Endangerment and Cause or Contribute.</E>
                         The EPA is also finalizing as proposed that CAA section 202(a)(1) requires the Agency to evaluate whether source emissions cause or contribute to air pollution and whether that air pollution poses endangerment in a single causal chain, rather than considering these issues in isolation by severing the inquiries. The relevant inquiry is whether “the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines,” in the judgment of the Administrator, “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” As explained in this section, the emission must cause or contribute to the danger posed by the air pollution to a sufficient extent to satisfy the standard for regulation.
                    </P>
                    <P>
                        In the Endangerment Finding, the Administrator made two distinct findings based on two distinct sets of assumptions. In the first, the Administrator found that the “air pollution,” defined as the combined global concentrations in the upper atmosphere of six “well-mixed GHGs,” CO
                        <E T="52">2</E>
                        , methane, N
                        <E T="52">2</E>
                        O, HFCs, PFCs, and SF
                        <E T="52">6</E>
                        , endangered public health or welfare by playing a causal role in global temperature increases, sea level rise, and other phenomena (including ocean pH changes), which, in turn, were then asserted to play a causal role in environmental phenomena with adverse impacts on public health and welfare. 74 FR 66516. In the second, the Administrator found that the quantity of the “air pollutant” (defined as the combination of same six “well-mixed GHGs”) emitted by new motor vehicles and engines annually contributed to the “air pollution.” 74 FR 66536. The Administrator did not consider the extent to which emissions from CAA section 202(a)(1) sources have a more than 
                        <E T="03">de minimis</E>
                         effect on the 
                        <E T="03">danger</E>
                         identified with respect to elevated concentrations of GHGs in the upper atmosphere—let alone whether emissions from any particular class or classes of sources that the EPA intended to regulate had such an effect. Nor did the Administrator recognize the mismatch between “air pollution” consisting of global concentrations formed by GHG emissions past, present, and future and “air pollutant” emissions from new motor vehicles and engines on an annual basis, or the problems associated with measuring domestic contribution against an air pollution problem that necessarily requires global emissions to result in the identified danger.
                    </P>
                    <P>
                        Upon review, we no longer believe that the approach taken in the Endangerment Finding was consistent with the language of CAA section 202(a)(1) and the structure of the CAA, which requires making distinct findings for regulating distinct types of emission sources and authorizing different regulatory tools when such standards are met. For example, CAA section 111(b)(1)(A) authorizes the EPA to regulate emissions from listed categories of stationary sources if the Administrator determines those sources emit air pollutants that “significantly contribute” to air pollution that 
                        <PRTPAGE P="7720"/>
                        endangers public health or welfare.
                        <SU>144</SU>
                        <FTREF/>
                         When that standard is met, CAA section 111(b)(1)(B) requires the EPA to regulate such emissions from such sources by setting standards of performance that, among other things, reflect the best system of emission reduction that has been adequately demonstrated in practice.
                        <SU>145</SU>
                        <FTREF/>
                         The CAA similarly sets out distinct standards for regulating and distinct modes of regulation for additional major source categories, including vehicles in use, aircraft engines, and separately addresses when and how to respond to international emissions that impact the United States. The Endangerment Finding effectively attributed the total GHG emissions coming from all of these various distinct sources within the United States, as well as from all international sources, to the mobile sources regulated under CAA section 202 without having made the requisite determinations for any of those sources and without considering the different regulatory tools Congress authorized for those sources as compared to CAA section 202(a) sources. Although the statute anticipates that “air pollution” may reflect contributions from multiple source categories, application of the global climate change concerns reading of CAA section 202(a)(1) leads to impermissible gaps between the contribution and endangerment analyses that the Endangerment Finding failed to address.
                    </P>
                    <FTNT>
                        <P>
                            <SU>144</SU>
                             42 U.S.C. 7411(b)(1)(A).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>145</SU>
                             42 U.S.C. 7411(a)(1), (b)(1)(B). CAA section 111 also differentiates between new and existing stationary sources in a listed source category and limits the EPA's role with respect to existing sources by authorizing only emission guidelines implemented by the States. 
                            <E T="03">See id.</E>
                             7411(d).
                        </P>
                    </FTNT>
                    <P>Whereas the identified “air pollution” leads to endangerment because of the sum total of all emissions, past, current, and projected, from all source categories foreign and domestic, the identified contribution of “air pollutant emissions” from new motor vehicles and engines was measured in annual terms. In other words, the Endangerment Finding compared the wrong figures in tying contribution to endangerment. The Administrator found contribution based on the conclusion that existing vehicles and engines constituted 4.3 percent of annual global GHG emissions. But the Administrator found endangerment based on the theory that “air pollution” consisting of total global concentrations of the six “well-mixed” GHGs endangered public health and welfare. This mismatch is not presented when analyzing the air pollution addressed expressly by the CAA because the mechanism of harm does not depend on centuries-long time horizons. Annual emissions of airborne lead, for example, are readily measurable against the total annual concentrations of airborne lead in areas of concern, and the health and welfare impacts of air pollution in the form of airborne lead can be analyzed on the same scale. By completely severing the contribution and endangerment analyses for the six “well-mixed” GHGs, the Endangerment Finding avoided grappling with this disconnect. The difficulties in analyzing the nexus between contribution and endangerment was not a problem to be avoided, but a further reason to conclude that CAA section 202(a)(1) was not designed to address global climate change concerns.</P>
                    <P>
                        The Administrator also defined the relevant “air pollution” as the combined global concentration of six “well-mixed GHGs” but found that CAA section 202(a) sources emitted only four of them: CO
                        <E T="52">2</E>
                        , methane, NO
                        <E T="52">X</E>
                        , and HFCs. 74 FR 66538. As a result, the “air pollution” identified as endangering public health or welfare included PFCs and SF
                        <E T="52">6</E>
                        , and the “air pollution” used to conclude that CAA section 202(a) sources satisfy the regulatory standard did not. Contrary to the EPA's conclusion at the time, 74 FR 66541, that difference is material, as PFCs and SF
                        <E T="52">6</E>
                         are asserted to have many times the global warming potential of CO
                        <E T="52">2</E>
                        .
                        <SU>146</SU>
                        <FTREF/>
                         Severing the endangerment and cause-or-contribute analysis allowed the Agency to compare apples and oranges in a manner inconsistent with the best reading of the statute.
                    </P>
                    <FTNT>
                        <P>
                            <SU>146</SU>
                             U.S. Environmental Protection Agency. (Last updated Jan. 16, 2025). Understanding Global Warming Potentials: 
                            <E T="03">https://www.epa.gov/ghgemissions/understanding-global-warming-potentials.</E>
                        </P>
                    </FTNT>
                    <P>
                        The Endangerment Finding also did not limit the analysis of contribution to “
                        <E T="03">new</E>
                         motor vehicles or 
                        <E T="03">new</E>
                         motor vehicle engines” in the United States, which are the only sources covered by the EPA's CAA section 202(a) authority.
                        <SU>147</SU>
                        <FTREF/>
                         Because the Administrator considered all sources in analyzing the danger posed by elevated concentrations of GHGs in the upper atmosphere, the endangerment analysis necessarily included emissions from foreign and domestic vehicles that had been in use for years or decades and were not “new.” Even when analyzing contribution, the Administrator used emission estimates from “the entire fleet of motor vehicles in the United States for a certain calendar year” rather than projecting emissions from new motor vehicles and engines over time. 74 FR 66543. That decision increased the absolute contribution figure by orders of magnitude, including because newer vehicles and engines tend to be more efficient and emit less.
                        <SU>148</SU>
                        <FTREF/>
                         Difficulties in disaggregating emission data from emission sources, however reasonable, do not license us to read the term “new” out of the statutory text.
                    </P>
                    <FTNT>
                        <P>
                            <SU>147</SU>
                             42 U.S.C. 7521(a)(1) (emphases added); 
                            <E T="03">see, e.g.,</E>
                              
                            <E T="03">City of New York</E>
                             v. 
                            <E T="03">Chevron Corp.</E>
                            , 993 F.3d 81, 101 (2d Cir. 2021) (“Together, the statute's silence on the issue of extraterritorial reach, the fact that the Act contemplates the need for reciprocal protections from foreign nations, and the State Department's lead role in setting foreign policy on environmental matters, all plainly demonstrate that the Clean Air Act regulates only domestic emissions.”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>148</SU>
                             For additional discussion of improvements in new motor vehicles and engines relative to older vehicles and engines, see section VI.D of the preamble to the proposed rule.
                        </P>
                    </FTNT>
                    <P>
                        We further conclude that severing the endangerment and cause or contribution findings leads to untenable results and lacks any limiting principle. To illustrate the problem, the same logic would allow the EPA to issue emission standards for water vapor (H
                        <E T="52">2</E>
                        O), another substance emitted by new motor vehicles and engines that is also considered a GHG. Considered in isolation, increased H
                        <E T="52">2</E>
                        O concentrations in the atmosphere from all human activities can be said to endanger public health or welfare by resulting in rain that leads to slip-and-fall injuries, drownings, and damage to crops, livestock, and property, including through pools, rivers, and floodwater, although water vapor is not itself harmful and is necessary to sustain life. Also considered in isolation, CAA section 202 sources can be said to “contribute” to elevated H
                        <E T="52">2</E>
                        O concentrations in the atmosphere from all anthropogenic sources, and these emissions of water vapor would thereby assertedly “contribute” to global climate effects similar to those attributed to other GHGs. CAA section 202(a)(1) does not contemplate prescribing emission standards for such an omnipresent, naturally occurring, and essential component of the ambient air because the text requires a unified analysis that ensures a nexus between the extent of contribution and the resulting danger. The logic of regulating water vapor appears absurd, but it is the same logic required to regulate GHGs under CAA section 202(a)(1). And the Administrator acknowledged in the Endangerment Finding that the statutory interpretation adopted in that action could support adding water vapor to the defined regulatory for “climate forcing” GHGs.
                    </P>
                    <P>
                        The decision to sever the analysis of endangerment from the analysis of contribution, combined with the decision to sever the Administrator's 
                        <PRTPAGE P="7721"/>
                        findings from any standards prescribed as a result, produced an analysis that is incompatible with the statute. In the Endangerment Finding, the Administrator concluded that anything more than a trivial or 
                        <E T="03">de minimis</E>
                         contribution to elevated global GHG concentrations by CAA section 202(a) sources was sufficient to trigger regulation because the “unique, global aspects of the climate change problem tend to support contribution at lower percentage levels of emissions than might otherwise be considered appropriate when addressing a more typical local or regional air pollution problem.” 74 FR 66538. Because the Endangerment Finding did not consider the standards that the statute requires when the Administrator makes such a finding, we did not consider whether emission standards for new motor vehicles would be futile as a means to address the identified dangers of GHG emissions from all anthropogenic sources. As discussed in section V.C of this preamble, available modeling indicates that reducing GHG emissions from all vehicles and engines in the United States to zero would not have a measurable, material impact on trends in global temperature or sea level. Because our GHG emission standards apply only to new vehicles and engines and have not, to date, mandated the elimination of all emissions, their impact is only a fraction of the already 
                        <E T="03">de minimis</E>
                         impacts identified in the modelled scenario. It was foreseeable at the time that issuing the Endangerment Finding would trigger a duty to regulate and that stringent measures would be necessary under 
                        <E T="03">all</E>
                         of the EPA's separate statutory authorities, and not just CAA section 202(a), to have 
                        <E T="03">any</E>
                         potentially material impact on the identified harm. Refusing to consider these foreseeable consequences was inconsistent with the statutory scheme and, as explained further below, an unreasonable exercise of the authority we asserted.
                    </P>
                    <P>
                        Finally, the Administrator did not adequately consider the meaning in context of the statutory term “endanger” and failed to identify with sufficient rigor the purported danger linked to GHG emissions from new motor vehicles and engines. As used in CAA section 202(a)(1), “endanger” is not best read as meaning any predicted negative impact to any public health or welfare value, as that interpretation would render the constraint placed on the EPA's authority to prescribe standards essentially meaningless, thereby violating ordinary principles of statutory interpretation and raising constitutional nondelegation concerns. Severing the endangerment and contribution inquiries improperly allowed the Administrator to avoid this concern by concluding that new motor vehicle and engine emissions included more than 
                        <E T="03">de minimis</E>
                         GHG emissions, even if those emissions did not themselves contribute to a danger in any meaningful sense. See 74 FR 66543 (asserting that “contributors must do their part even if their contributions to the global problem, measured in terms of percentage, are smaller than typically encountered”).
                    </P>
                    <HD SOURCE="HD3">2. Summary of Comments and Updates Since Proposal</HD>
                    <P>
                        The EPA received comments from a variety of stakeholders supporting and criticizing the legal rationale set out in the proposed rule. Commenters supporting the rescission and repeals pointed to the Supreme Court's decisions in 
                        <E T="03">West Virginia, UARG,</E>
                         and 
                        <E T="03">Loper Bright</E>
                         as strongly supportive of what we proposed to be the best reading of CAA section 202(a)(1) and generally agreed that the Endangerment Finding erred in severing the statutory analysis in various ways. Commenters opposing the rescission and repeals generally argued that the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         and several subsequent precedents must be read as requiring the EPA to regulate GHG emissions and that the statute must be interpreted broadly to accomplish what they described as the preventative purposes of the statute. The final rationale set out in the preceding section of this preamble reflects this input by including certain interpretive evidence identified by commenters and additional analysis developed in response to arguments raised during the public comment period. In this subsection, we summarize major themes presented in the comments received along with our high-level responses. For detailed comment summaries and our full responses thereto, please see the Response to Comments document in the docket for this rulemaking.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Commenters supportive of the proposal generally agreed that the EPA exceeded its statutory authority under CAA section 202(a)(1) by issuing the Endangerment Finding and resulting standards. Some of these commenters emphasized agreement with our proposed interpretation of the term “air pollution” and the role that term plays in the provision, while others further agreed with our proposed understanding of the nature of the statutory analysis and the ways in which the Endangerment Finding erred in severing the analysis.
                    </P>
                    <P>With respect to “air pollution,” commenters offered additional legislative history, regulatory history, or other support for interpreting the term as referring to pollution that adversely impacts health or welfare through local or regional exposure, such as smog. Several commenters recounted the air pollution concerns leading up to the 1965, 1970, and 1977 enactments in particular and emphasized that Congress and the public understood the problem in terms of increased urbanization, including in cities that crossed over State lines and made pollution control strategies by individual States and localities difficult with respect to mobile sources. These commenters provided further evidence in contemporary legislative history and other public materials that Congress understood the national air pollution problem being addressed in legislation as one related to criteria pollutants that lead to smog, primarily in urban areas, as well as air toxics. Several also pointed to additional provisions of the CAA, including general statements of purpose and the structure of the statute as a whole, to argue that Congress designed a regulatory scheme for regulating domestic emissions and domestic impacts in a manner that does not contemplate or authorize regulation in response to global climate change concerns. Several commenters also cited case law to argue that the CAA does not regulate extraterritorially. With respect to the ways in which the Endangerment Finding severed the statutory analysis, several commenters agreed that these considerations were relevant to statutory interpretation and authority as well as the quality or validity of the underlying analysis in the Endangerment Finding.</P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA agrees with these comments and is finalizing, as proposed, that the Endangerment Finding exceeded the Agency's statutory authority under CAA section 202(a)(1) in multiple respects. In addition to the further discussion incorporated into section V.A.1 of this preamble, we agree that viewed as a whole, the legislative history and other materials contemporary to the 1965, 1970, and 1977 enactments most relevant to interpreting the key statutory language in CAA section 202(a)(1) tend to undermine the interpretation adopted in the Endangerment Finding and support the interpretation we are finalizing in this action. While legislative history cannot trump the statutory text, widely publicized materials and evidence of common understanding at the time of enactment can be relevant to the 
                        <PRTPAGE P="7722"/>
                        ordinary meaning of undefined terms. Here, that material supports the conclusion that “air pollution” as used in CAA section 202(a)(1) meant pollution that harms public health or welfare through local or regional exposure, rather than gases that are not harmful in that sense but may contribute to global phenomena on a far more attenuated chain of causation. We further agree that other provisions of the statute, including the findings and declarations of purpose in CAA section 101, support the interpretation finalized in this action by indicating that while Congress referenced and addressed local and regional problems, it did not reference global climate change concerns at all through the 1970s and even today uses express terms in the relatively few provisions that address GHGs, such as in the RFS and provisions authorizing certain grants and financial or technical assistance.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Adverse commenters argued that the EPA's proposed interpretation of CAA section 202(a)(1) is foreclosed in whole or in part by precedent. Many of those commenters argued that the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         unambiguously held that the EPA has authority to prescribe GHG emission standards for new motor vehicles and engines in response to global climate change concerns. Others also cited to subsequent cases, including the Supreme Court's decisions in 
                        <E T="03">American Electric Power Co.</E>
                         v. 
                        <E T="03">Connecticut,</E>
                         564 U.S. 410, 426 (2011), 
                        <E T="03">UARG,</E>
                         and 
                        <E T="03">West Virginia,</E>
                         as well as the D.C. Circuit's decisions in 
                        <E T="03">Coalition for Responsible Regulation</E>
                         and 
                        <E T="03">American Lung Association,</E>
                         as individually or collectively precluding the EPA from evaluating and applying the best reading of CAA section 202(a)(1) and related provisions.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees with these comments, many of which significantly overread relevant precedent and misunderstand principles governing the scope of judicial decisions and statutory interpretation. Fundamentally, commenters' arguments stem from the flawed proposition that the Supreme Court held in 
                        <E T="03">Massachusetts</E>
                         that the EPA can or must regulate GHG emissions from new motor vehicles and engines in response to global climate change concerns. As detailed in section V.A.1 of this preamble, we no longer believe that this reading is accurate on its own terms, nor does it reflect the Court's subsequent holdings and rationale in 
                        <E T="03">UARG, West Virginia,</E>
                         and, more generally, 
                        <E T="03">Michigan</E>
                         and 
                        <E T="03">Loper Bright.</E>
                         The Court in 
                        <E T="03">Massachusetts</E>
                         rejected the policy reasons the Agency offered for declining to regulate and the interpretation of the statutory definition of “air pollutant” in CAA section 302(g) that the Agency relied upon to deny petitions for rulemaking in 2003. Contrary to the framing presented by some commenters, the Court found that the statute “foreclose[d]” the Agency's reading and is “unambiguous” only with respect to the “air pollutant” definition, holding that “the definition embraces all airborne compounds of whatever stripe.” 549 U.S. at 529 (citing 42 U.S.C. 7602(g)). Nor do commenters offer persuasive reasons to conclude that the Court's subsequent decision in 
                        <E T="03">UARG,</E>
                         which held that the term “air pollutant” as defined in the statute and construed in 
                        <E T="03">Massachusetts</E>
                         must be read in context of the regulatory provision in which it appears, applies to the entirety of the CAA 
                        <E T="03">except</E>
                         for CAA section 202(a)(1). 573 U.S. at 318-20 (“[
                        <E T="03">Massachusetts</E>
                        ] did not hold that EPA must always regulate [GHGs] as an `air pollutant' everywhere that term appears in the statute, but only that EPA must `ground its reasons for action or inaction in the statute,' rather than on `reasoning divorced from the statutory text.' ” (quoting 549 U.S. at 532, 535)).
                    </P>
                    <P>
                        Similarly, we disagree with commenters' suggestions that additional precedents since 
                        <E T="03">Massachusetts</E>
                         purported to decide the interpretive issues addressed in this final action. In 
                        <E T="03">American Electric Power,</E>
                         for example, the Supreme Court held that federal common law was not the appropriate avenue for deciding “whether and how to regulate carbon-dioxide emissions from powerplants.” 564 U.S. at 426. Indeed, the Court has since confirmed in 
                        <E T="03">West Virginia</E>
                         that it “said nothing about the ways in which Congress intended EPA to exercise its power” under the CAA, particularly with respect to the regulation of stationary sources under CAA section 111(d). 597 U.S. at 730. Commenters' attempt to repeat similar arguments for 
                        <E T="03">UARG</E>
                         and 
                        <E T="03">West Virginia</E>
                         lack credibility given the questions presented in those cases and the reasoning adopted by the Court with respect to the questions presented. These comments largely did not engage with the interpretation of “air pollution” presented at proposal and finalized in this action, and the relatively small number that did failed to offer persuasive evidence that rebuts the ordinary meaning of the term or relevant contextual or structural indicators in the statutory text. For additional discussion of these cases, the D.C. Circuit's decisions in 
                        <E T="03">Coalition for Responsible Regulation</E>
                         and 
                        <E T="03">American Lung Association,</E>
                         and other issues bearing on statutory interpretation, see the Response to Comments document.
                    </P>
                    <P>
                        In this final action, the EPA is acting consistently with 
                        <E T="03">Massachusetts</E>
                         by “ground[ing] its reasons for action or inaction in the statute” and concluding that, given the best reading of the language in CAA section 202(a)(1), we lack authority to issue an affirmative finding that triggers our regulatory authority in response to global climate change concerns. 549 U.S. at 535.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Adverse commenters also asserted that the EPA's proposed interpretation gave inadequate weight to the statutory terms “public health” and “welfare.” These commenters generally argued that Congress delegated broad authority to the EPA to regulate any air pollutant emissions in response to any air pollution that may arise in the future, so long as we conclude such regulation further public health or welfare. Several of these commenters focused particularly on the statutory definition of welfare in CAA section 302(g), and particularly on the term “climate,” to argue that Congress wrote these concepts into the statute to give the Agency such broad authority.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees that the references in CAA section 202(a)(1) to “public health” and “welfare” confer discretion broad enough to identify and regulate any form of air pollution, including in the form of global climate change concerns. As discussed in section V.A.1 of this preamble, that interpretation, which we acknowledge is consistent with the interpretation adopted in the Endangerment Finding, is inconsistent with ordinary principles of statutory interpretation and would needlessly give rise to absurdity and nondelegation concerns that the statute itself does not create, properly interpreted. With respect to the statutory definition of “welfare,” we note that the ordinary meaning of the term “climate” at the time of enactment is nowhere near as broad as commenters suggest and that the term, as well as additional terms in the definition such as “weather” and “visibility,” must be read in the context of a much broader list that consists of terms having the physical property of being local or regional. For additional discussion, see the detailed explanation of the term “welfare” and additional statutory terms informed by proximate cause principles, including “cause,” “contribute,” and “reasonably be anticipated to endanger,” in the Response to Comments document.
                        <PRTPAGE P="7723"/>
                    </P>
                    <HD SOURCE="HD2">B. Lack of Clear Congressional Authorization</HD>
                    <P>
                        The EPA is also finalizing as proposed that, in addition to the basis set out above, we lack the “clear congressional authorization” required under the major questions doctrine to decide the Nation's response to global climate change concerns. 
                        <E T="03">West Virginia,</E>
                         597 U.S. at 723 (quoting 
                        <E T="03">UARG,</E>
                         573 U.S. at 324). In this subsection, we conclude that the major questions doctrine applies to the Endangerment Finding because the global climate change concerns addressed in that action, and the mandatory duty to regulate triggered by that action, present a major question of undeniable political and economic significance. Until 2009, we had never used CAA section 202(a)(1) to assert authority over an entirely new subject, instead hewing closely to the air pollution problems that Congress identified in CAA section 202. To break with this longstanding practice, we developed a “unique” framework that broadened our statutory authority to prescribe emission standards in response to air pollution far enough to encompass global climate change concerns. The result was a new policy direction for the United States—one that Congress had repeatedly and recently declined to adopt—in which the EPA declared that every source and every nation must be required to “do their part” to combat global climate change. Implementation of the Endangerment Finding since 2009 has shown the extraordinary consequences of this assertion of authority, including an increasing trend toward forcing a shift from internal combustion engine (ICE) vehicles to EVs for virtually all classes of LD, MD, and HD vehicles.
                    </P>
                    <P>
                        Next, we conclude that Congress did not clearly authorize the EPA to decide this question when it empowered the Administrator to “prescribe . . . standards” for new motor vehicle and engine emissions under CAA section 202(a)(1). The general nature of the statutory text and the more specific authorities and commands throughout CAA section 202, as well as additional provisions throughout the CAA, leave no room for doubt that Congress knew how to, and did not, expressly authorize the regulation of vehicle and engine GHG emissions. On that basis, we determine that the Endangerment Finding and resulting GHG emission standards exceeded our statutory authority and must be rescinded. That conclusion follows from the Supreme Court's decisions in 
                        <E T="03">UARG</E>
                         and 
                        <E T="03">West Virginia</E>
                         and is consistent with 
                        <E T="03">Massachusetts,</E>
                         which held that GHGs fell within the definition of “air pollutant” but did not interpret the scope of our authority to regulate air pollutants that cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.
                    </P>
                    <HD SOURCE="HD3">1. Final Rationale</HD>
                    <P>
                        <E T="03">Applicability of the Major Questions Doctrine.</E>
                         In recent decisions construing the scope of the EPA's statutory authority to regulate GHGs, the Supreme Court has emphasized that the “ `history and breadth of the authority' ” asserted by an agency and “the `economic and political significance' of that assertion” provide “ `a reason to hesitate before concluding that Congress' meant to confer such authority.” 
                        <E T="03">West Virginia,</E>
                         597 U.S. at 721 (quoting 
                        <E T="03">Brown &amp; Williamson,</E>
                         529 U.S. at 159-60); 
                        <E T="03">accord UARG,</E>
                         573 U.S. at 324. Whether viewed as an ordinary tool of statutory interpretation that looks to the structure of the regulatory scheme 
                        <SU>149</SU>
                        <FTREF/>
                         or a clear statement rule that implements nondelegation and separation of power principles,
                        <SU>150</SU>
                        <FTREF/>
                         the major questions doctrine requires us to identify “more than a merely plausible textual basis” when asserting authority to decide a significant policy issue on Congress' behalf. 
                        <E T="03">Id.</E>
                         at 723.
                    </P>
                    <FTNT>
                        <P>
                            <SU>149</SU>
                             Biden v. Nebraska, 600 U.S. 477, 507-21 (2023) (Barrett, J., concurring).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>150</SU>
                             
                            <E T="03">West Virginia,</E>
                             597 U.S. at 735-51 (Gorsuch, J., concurring).
                        </P>
                    </FTNT>
                    <P>
                        In 
                        <E T="03">UARG,</E>
                         the Supreme Court applied the major questions doctrine to reject our attempt to expand the number of stationary sources subject to the CAA's PSD and Title V permitting requirements based on their GHG emissions. 573 U.S. at 310-13.
                        <SU>151</SU>
                        <FTREF/>
                         The Court held that the EPA had “exceeded its statutory authority when it interpreted the Clean Air Act to require PSD and Title V permitting for stationary sources based on their greenhouse gas emissions” and “may not treat greenhouse gases as a pollutant” in this PSD and Title V contexts. 
                        <E T="03">Id.</E>
                         at 333. In reaching this conclusion, the Court found that our interpretation of the statute and related “tailoring rule” that exempted many sources to address workability concerns was “unreasonable because it would bring about an enormous and transformative expansion in EPA's regulatory authority without clear congressional authorization.” 
                        <E T="03">Id.</E>
                         at 324. Citing earlier major questions doctrine precedents, the Court noted that “a measure of skepticism” is required when “an agency claims to discover in a long-extant statute an unheralded power to regulate `a significant portion of the American economy,' ” 
                        <E T="03">id.</E>
                         (quoting 
                        <E T="03">Brown &amp; Williamson,</E>
                         529 U.S. at 159), and that “[w]e expect Congress to speak clearly if it wishes to assign to an agency decisions of vast `economic and political significance,' ” 
                        <E T="03">id.</E>
                         (quoting 
                        <E T="03">Brown &amp; Williamson,</E>
                         529 U.S. at 160).
                    </P>
                    <FTNT>
                        <P>
                            <SU>151</SU>
                             
                            <E T="03">See</E>
                             42 U.S.C. 7470-92, 7661 
                            <E T="03">et seq.</E>
                        </P>
                    </FTNT>
                    <P>
                        In 
                        <E T="03">West Virginia,</E>
                         the Supreme Court again applied the major questions doctrine to reject our attempt to shift the power grid away from using fossil fuels through GHG emission guidelines for existing power plants under CAA section 111(d). 597 U.S. at 711-15.
                        <SU>152</SU>
                        <FTREF/>
                         The Court noted that when interpreting a grant of regulatory authority, the inquiry includes the question “whether Congress in fact meant to confer the power the agency has asserted.” 
                        <E T="03">Id.</E>
                         at 721. The Court explained that the major questions doctrine applies when “the `history and breadth of the authority that [the agency] has asserted,' and the `economic and political significance' of that assertion, provide `a reason to hesitate before concluding that Congress' meant to confer such authority.” 
                        <E T="03">Id.</E>
                         (quoting 
                        <E T="03">Brown &amp; Williamson,</E>
                         529 U.S. at 159-60). In such cases, “both separation of powers principles and a practical understanding of legislative intent make us `reluctant to read into ambiguous statutory text' the delegation claimed to be lurking there,” and “[t]he agency instead must point to `clear congressional authorization' for the power it claims.” 
                        <E T="03">Id.</E>
                         at 723 (quoting 
                        <E T="03">UARG,</E>
                         573 U.S. at 324). Applying that standard, the Court held that our statutory authority to establish emission limits under CAA section 111(a)(1) and (d) “is not close to the sort of clear authorization required by our precedents.” 
                        <E T="03">Id.</E>
                         at 732.
                    </P>
                    <FTNT>
                        <P>
                            <SU>152</SU>
                             
                            <E T="03">See</E>
                             42 U.S.C. 7411(d). The EPA had also issued GHG performance standards for new and modified fossil fuel-fired power plants under CAA section 111(b) that triggered the Agency's authority to issue guidelines for existing sources under CAA section 111(d). The new source standards were not before the Supreme Court in 
                            <E T="03">West Virginia.</E>
                        </P>
                    </FTNT>
                    <P>
                        The Endangerment Finding implicates the major questions doctrine for many of the same reasons the Supreme Court applied it in 
                        <E T="03">UARG</E>
                         and 
                        <E T="03">West Virginia.</E>
                         By asserting authority to regulate in response to global climate change concerns, the EPA “ `claim[ed] to discover in a long-extant statute an unheralded power' representing a `transformative expansion in [its] regulatory authority.' ” 
                        <E T="03">West Virginia,</E>
                         597 U.S. at 724 (quoting 
                        <E T="03">UARG,</E>
                         573 U.S. at 324). From 1965 to 2009, we invoked CAA section 202(a)(1) consistent with the more specific direction provided elsewhere in section 202 regarding the 
                        <PRTPAGE P="7724"/>
                        air pollution Congress intended the EPA to address under this authority. As noted in section III.A of this preamble, the 15 final rules we identified as invoking CAA section 202(a)(1) prescribed standards for air pollution problems enumerated in the statute, including HC and other VOCs, NO
                        <E T="52">X</E>
                        , PM, and certain air toxics. Critically, Congress repeatedly amended the statute to instruct the EPA what, when, and how to regulate with respect to vehicle and engine emissions. For example, the 1970 CAA included instructions to regulate CO, HCs, and NO
                        <E T="52">X</E>
                         under CAA section 202(a) now codified as amended in CAA section 202(b).
                        <SU>153</SU>
                        <FTREF/>
                         The 1990 CAA amendments included additional instructions to regulate CO, certain HCs, NO
                        <E T="52">X</E>
                        , and PM.
                        <SU>154</SU>
                        <FTREF/>
                         These final rules carried out Congress' instruction to use CAA section 202 in particular ways and did not purport to use CAA section 202(a)(1) as a blanket authorization to explore new vistas on a discretionary basis.
                    </P>
                    <FTNT>
                        <P>
                            <SU>153</SU>
                             Public Law 91-604, section 6, 84 Stat. 1676, 1691.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>154</SU>
                             Public Law 101-549, section 203, 104 Stat. 2399, 2474.
                        </P>
                    </FTNT>
                    <P>
                        Given this history, the novel use of CAA section 202(a)(1) in the Endangerment Finding is similar to the use of CAA section 111(d) addressed in 
                        <E T="03">West Virginia.</E>
                         There, the Supreme Court found that the EPA's use of the provision in a more limited fashion prior to the Clean Power Plan counseled in favor of applying the major questions doctrine, noting that “ `just as established practice may shed light on the extent of power conveyed by general statutory language, so the want of assertion of power by those who presumably would be alert to exercise it, is equally significant in determining whether such power was actually conferred.' ” 597 U.S. at 725 (quoting 
                        <E T="03">FTC</E>
                         v. 
                        <E T="03">Bunte Bros., Inc.,</E>
                         312 U.S. 349, 352 (1941)). We further note that the regulatory actions reviewed in 
                        <E T="03">UARG</E>
                         and 
                        <E T="03">West Virginia</E>
                         were predicated in part on the Endangerment Finding, and the PSD and Title V rules in 
                        <E T="03">UARG</E>
                         and existing source emission guidelines in 
                        <E T="03">West Virginia</E>
                         are similar in scope, approach, and economic impact as the GHG emission standards for new motor vehicles and engines promulgated to fulfill the mandatory duty triggered by the Endangerment Finding.
                    </P>
                    <P>
                        Moreover, as a consequence of the novel approach taken in the Endangerment Finding to endangerment and contribution, our GHG emission standards reflect an increasing trend toward mandating a shift from gasoline- and diesel-fueled vehicles to EVs on the theory that a substantial reduction in GHG emissions is necessary to address global climate change concerns.
                        <SU>155</SU>
                        <FTREF/>
                         This trend was evident in our earliest GHG emission standards rulemakings and became increasingly clear over time as the standards increased in stringency to the point where alternative compliance options were increasingly infeasible or unattractive for regulated parties. The underlying policy of forcing such a transition is also evident from the Agency's statements and actions on related issues. For further discussion of relevant regulatory history and implementation details, both of which generated significant public input during the comment period, see the Response to Comments document in the docket for this rulemaking.
                    </P>
                    <FTNT>
                        <P>
                            <SU>155</SU>
                             89 FR 27842, 27844 (Apr. 18, 2024).
                        </P>
                    </FTNT>
                    <P>
                        Mandating a shift in the national vehicle fleet from one type of vehicle to another is indistinguishable from the emission guidelines at issue in 
                        <E T="03">West Virginia,</E>
                         which were calculated to force a shift from one means of electricity generation to another. This increasing regulatory trend has borne out over time given the limits of using GHG emission control technologies applicable to new motor vehicles and engines that comport with the magnitude of the problem identified in the Endangerment Finding. As discussed later in this preamble, even eliminating all GHG emissions from all U.S. vehicles and engines would have only a 
                        <E T="03">de minimis</E>
                         impact on GMST and GSLR trends as a proxy for adverse health and welfare impacts. See section V.C of this preamble and the Response to Comments document for further discussion.
                    </P>
                    <P>
                        It is “ `highly unlikely that Congress would leave' to `agency discretion' the decision” whether and how many consumers and manufacturers in the United States may use the ICE in their vehicles. 
                        <E T="03">West Virginia,</E>
                         597 U.S. at 729 (quoting 
                        <E T="03">MCI Telecomms. Corp.</E>
                         v. 
                        <E T="03">AT&amp;T Co.,</E>
                         512 U.S. 218, 231 (1994)). As the Supreme Court noted with respect to coal-based electricity generation, such a policy decision involves “basic and consequential tradeoffs,” and “Congress certainly has not conferred a like authority upon EPA anywhere else in the Clean Air Act.” 
                        <E T="03">Id.</E>
                         Until the Endangerment Finding, we had never invoked CAA section 202(a)(1) to regulate in response to global climate change concerns, whether through a fuel-shifting strategy or any other means. That history is telling because although CAA section 202(a)(1) has existed in substantially similar form since 1967, “the EPA had never regulated in that manner, despite having issued many prior rules governing” vehicle and engine emissions. 
                        <E T="03">Id.</E>
                         When Congress intended the EPA to regulate the type of fuels that propel vehicles, it provided express and detailed authority to do so in other provisions. CAA section 211 authorizes the Agency to regulate fuel and fuel additives, including by requiring registration and controlling or prohibiting the manufacture, distribution, or sale of fuel or fuel additives if the Administrator determines that “any emission product of such fuel or fuel additive causes, or contributes, to air pollution or water pollution . . . that may reasonably be anticipated to endanger the public health or welfare” or significantly impair the performance of any generally used emission control device.
                        <SU>156</SU>
                        <FTREF/>
                         Moreover, CAA section 211(o) sets out detailed requirements for the Agency's RFS program, which involves setting annual renewable fuel volume requirements applicable to refiners, blenders, distributors, and importers of transportation fuel.
                        <SU>157</SU>
                        <FTREF/>
                         Both of these provisions, with respect to the Nation's policy approach to GHGs generally and transportation fuel specifically, indicate that Congress knows how to establish policy on the subject and has declined to empower the EPA to decide for itself whether and how to respond to global climate change concerns.
                    </P>
                    <FTNT>
                        <P>
                            <SU>156</SU>
                             42 U.S.C. 7545(a)-(c).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>157</SU>
                             42 U.S.C. 7545(o).
                        </P>
                    </FTNT>
                    <P>
                        Both before and since the Endangerment Finding, “ `Congress considered and rejected' multiple times” legislation that would have authorized or required the EPA to regulate GHG emissions from vehicles, engines, and additional sources. 
                        <E T="03">West Virginia,</E>
                         597 U.S. at 731 (quoting 
                        <E T="03">Brown &amp; Williamson,</E>
                         529 U.S. at 144). This history is particularly relevant because of the established pattern through the 1990 CAA amendments of Congress adding additional emissions control authority and obligations to CAA section 202. From 2007 to 2009, Congress considered legislation—supported by the President and Administrator in office at the time of the Endangerment Finding—that would have authorized or required the EPA to prescribe emissions regulations for GHGs. For example, the Safe Climate Act of 2007 would have adopted findings and policies with respect to limiting global temperature increase, required various forms of international cooperation, and added a new Title VII to the CAA instructing the EPA to achieve phased GHG emission reduction targets and regulate GHG emissions 
                        <PRTPAGE P="7725"/>
                        under CAA section 202.
                        <SU>158</SU>
                        <FTREF/>
                         Similarly, the American Clean Energy and Security Act of 2009 would have required international cooperation and added new titles to the CAA requiring the EPA to, among other things, regulate GHG emissions under CAA section 202.
                        <SU>159</SU>
                        <FTREF/>
                         Neither bill was enacted through the legislative process, and Congress has since declined to adopt similar legislation.
                        <SU>160</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>158</SU>
                             H.R. 1590, 110th Cong. (2007). This bill was presented in the House of Representatives and never received a vote.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>159</SU>
                             H.R. 2454, 111th Cong. (2009). This bill, introduced on May 15, 2009—a month after the EPA proposed the Endangerment Finding—passed the House of Representatives on June 26, 2009, by a 219-212 margin but never received a vote in the Senate. The President and Administrator at the time expressed a strong preference for legislation but also a willingness to resolve legislative inaction by administrative means, and the Agency ultimately finalized the Endangerment Finding on December 7, 2009.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>160</SU>
                             Congress's pattern of not providing the EPA such authority extends long before the 2009 Endangerment Finding as well. 
                            <E T="03">See Coal. for Responsible Regulation,</E>
                             2012 U.S. App. LEXIS 25997, at * 36-37 (Brown, J., dissenting from denial of rh'g en banc) (noting Congress expressly rejected proposals offered during the drafting of the 1990 CAA Amendments that would have authorized the EPA to regulate GHGs).
                        </P>
                    </FTNT>
                    <P>
                        When Congress has addressed GHGs individually or collectively, it has not granted the EPA broad regulatory authority to “prescribe . . . standards” under CAA section 202(a)(1). As noted above, Congress enacted the RFS program to promote energy independence while reducing GHG emissions through a detailed regulatory scheme. With respect to HFCs, Congress enacted a comprehensive phaseout scheme in the 2020 American Innovation and Manufacturing (AIM) Act, which includes detailed instructions, timelines, and requirements for implementation and allows some uses to continue under certain conditions.
                        <SU>161</SU>
                        <FTREF/>
                         With respect to CO
                        <E T="52">2</E>
                        , Congress opted for a carrot rather than a stick by authorizing a tax credit to incentivize underground sequestration that mitigates emissions.
                        <SU>162</SU>
                        <FTREF/>
                         With respect to methane, Congress amended the CAA in 2021 through the Inflation Reduction Act of 2022 (IRA) to require us to establish a waste emissions charge for certain sources structured to incentivize emissions reductions over time.
                        <SU>163</SU>
                        <FTREF/>
                         When addressing GHGs and global climate change concerns more generally, Congress has used non-regulatory tools that incentivize, rather than mandate, changes in manufacturing and consumer choice, including through additional funding provisions in the IRA.
                        <SU>164</SU>
                        <FTREF/>
                         Multiple instances of recent legislation addressing GHGs individually and through distinct regulatory approaches suggests that Congress views such policy decisions as economically and politically significant and not adequately addressed by general statutory authorities enacted in response to different problems.
                    </P>
                    <FTNT>
                        <P>
                            <SU>161</SU>
                             Public Law 116-260, Div. S, 134 Stat. 1182, 2255-71 (codified at 42 U.S.C. 7675 
                            <E T="03">et seq.</E>
                            ).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>162</SU>
                             26 U.S.C. 45Q. In 2020, Congress also instructed us to recommend improvements to SDWA permitting procedures for injection wells used in carbon sequestration and appropriated additional fundings for the “Class VI” permitting process. Public Law 116-260, Div. G, Title II, 134 Stat. 1182, 1507-16.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>163</SU>
                             Public Law 117-169, section 60113, 136 Stat. 1818, 2074 (codified at 42 U.S.C. 7436).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>164</SU>
                             
                            <E T="03">See, e.g.,</E>
                             Public Law 117-169, sections 60101-03, 60107, 60114, 60201, 136 Stat. 1818, 2063-66, 2069, 2076, 2078 (codified at 42 U.S.C. 7432-35, 7437-38).
                        </P>
                    </FTNT>
                    <P>
                        The EPA notes that Congress has continued to revise these air pollutant-specific measures and nonregulatory tools as part of an ongoing national debate over the appropriate response to global climate change concerns. On July 4, 2025, President Trump signed into law significant new legislation enacted by Congress, the One Big Beautiful Bill Act (OBBB),
                        <SU>165</SU>
                        <FTREF/>
                         which repealed several relevant measures adopted in the IRA and rescinded the EPA's appropriations to carry out several funding programs related to GHG emissions. Among other things, Congress prohibited the Agency from collecting the waste emission charge for methane for ten years beyond the original statutory collection date, rescinded funding to administer grant programs in CAA sections 132 and 135-38, and repealed CAA section 134, which had included a section-specific definition of “greenhouse gas” applicable to the grant program set out in that section.
                        <SU>166</SU>
                        <FTREF/>
                         This legislation, which was the product of substantial national debate and revised and rescinding funding for provisions of the IRA that were themselves the product of substantial national debate, indicates that the EPA erred in attempting to resolve significant policy issues on its own accord in the Endangerment Finding.
                    </P>
                    <FTNT>
                        <P>
                            <SU>165</SU>
                             Public Law 119-21.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>166</SU>
                             42 U.S.C. 7434(c)(2) (2022).
                        </P>
                    </FTNT>
                    <P>
                        Congress has also recently disapproved several actions taken by the EPA with respect to GHG emissions. On May 19, 2025, President Trump signed into law a resolution adopted by Congress under the Congressional Review Act (CRA) to void our final rule implementing the waste emission charge added to the CAA in 2021.
                        <SU>167</SU>
                        <FTREF/>
                         And on June 12, 2025, President Trump signed into law three resolutions adopted by Congress under the CRA 
                        <SU>168</SU>
                        <FTREF/>
                         to void waivers we granted under CAA section 209 that allowed California and participating States to enforce GHG emission regulations for motor vehicles and engines, up to and including zero-emission standards that mandated a shift to electric vehicles.
                        <SU>169</SU>
                        <FTREF/>
                         These disapproval resolutions further demonstrate the economic and political significance of the EPA's GHG emission regulations and reinforce the understanding that Congress intends to reserve such major questions of policy for itself. See 
                        <E T="03">West Virginia,</E>
                         597 U.S. at 731-32.
                    </P>
                    <FTNT>
                        <P>
                            <SU>167</SU>
                             Public Law 119-2; 
                            <E T="03">see</E>
                             90 FR 21225 (May 19, 2025).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>168</SU>
                             H.J. Res. 87; H.J. Res. 88; H.J. Res. 89; 
                            <E T="03">see also</E>
                             Diamond Alt. Energy, LLC v. 
                            <E T="03">EPA, 606 U.S. 100, 107 n.1 (2025); Statement by the President (June 12, 2025): https://www.whitehouse.gov/briefings-statements/2025/06/statement-by-the-president/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>169</SU>
                             For example, California's Advanced Clean Cars II required an increasing amount of EVs to be sold so that by 2035 100 percent of new cars and light trucks sold in California would be zero-emission vehicles, including PHEV. 
                            <E T="03">See</E>
                             California Air Resources Board, California moves to accelerate to 100% new zero-emission vehicle sales by 2035, 
                            <E T="03">available at https://ww2.arb.ca.gov/news/california-moves-accelerate-100-new-zero-emission-vehicle-sales-2035.</E>
                        </P>
                    </FTNT>
                    <P>
                        <E T="03">Conclusion.</E>
                         Under the major questions doctrine, we conclude that the EPA lacks the “clear congressional authorization” required for the novel approach taken in the Endangerment Finding and resulting GHG emission standards and must rescind these actions. 
                        <E T="03">West Virginia,</E>
                         597 U.S. at 723 (quoting 
                        <E T="03">UARG,</E>
                         573 U.S. at 324). Our statutory authority under CAA section 202(a)(1) to “prescribe . . . standards” does not clearly authorize the EPA to regulate in response to global climate change concerns or, in issuing such regulations, to trend toward mandating a shift from gas- and diesel-fueled vehicles to EVs. This conclusion follows whether the major questions doctrine is viewed as an ordinary interpretive principle or a protection against violations of the separation of powers. As discussed previously in section V.A.1 of this preamble, an interpretation of CAA section 202(a)(1) that permits the EPA to define and regulate 
                        <E T="03">any</E>
                         “air pollution” the Agency believes may harm public health or welfare, broadly defined, would raise serious absurdity and nondelegation concerns. Properly interpreted, the statute does not and need not raise such concerns given the best reading of the statute or application of the major questions doctrine.
                    </P>
                    <P>
                        In 
                        <E T="03">West Virginia,</E>
                         the Supreme Court held that our authority under CAA section 111 “to establish emission caps at a level reflecting `the application of the best system of emission reduction . . . adequately demonstrated' ” did not 
                        <PRTPAGE P="7726"/>
                        clearly authorize the EPA to issue emission guidelines that addressed global climate change concerns by mandating a shift away from coal-generated electricity. 597 U.S. at 732. Similarly, in 
                        <E T="03">UARG,</E>
                         the Court held that our PSD and Title V authorities could not fully be extended to GHG emissions because those provisions “are designed to apply to, and cannot rationally be extended beyond, a relative handful of large sources capable of shouldering heavy substantive and procedural burdens.” 573 U.S. at 303. In these and other recent precedents, the Court has made clear that the express statutory authority required by major questions doctrine requires more than general language conferring “a merely plausible textual basis for the agency action.” 
                        <E T="03">West Virginia,</E>
                         597 U.S. at 723.
                        <SU>170</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>170</SU>
                             
                            <E T="03">See, e.g., Nebraska,</E>
                             600 U.S. at 506-07 (Department of Education lacked clear authority to forgive student loans under statutory language authorizing the Secretary to “waive or modify any statutory or regulatory provision applicable to the student financial assistance programs . . . deem[ed] necessary in connection with a war or other military operation or national emergency”); Ala. Ass'n of Realtors v. HHS, 594 U.S. 758 (2021) (CDC lacked clear authority to impose eviction moratorium during the COVID-19 pandemic under language permitting “such regulations as in [the Surgeon General's] judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases”).
                        </P>
                    </FTNT>
                    <P>
                        These cases control the analysis of our authority under CAA section 202(a). As in 
                        <E T="03">West Virginia,</E>
                         our statutory authority and the findings required to invoke that authority do not clearly authorize the approach taken in the Endangerment Finding and subsequent regulations. And as in 
                        <E T="03">UARG,</E>
                         our statutory authority to “prescribe . . . standards” for emissions of certain air pollutants does not clearly authorize using the CAA's vehicle-emission control scheme to address global climate change concerns. As discussed above, the Endangerment Finding did not limit itself to considering the impacts of GHG emissions from new motor vehicles and engines. Rather, the Endangerment Finding reviewed the totality of adverse impacts from climate change attributed to all anthropogenic sources of GHG emissions worldwide and asserted jurisdiction over CAA section 202(a) sources by finding they contributed to such impacts by emitting more than 
                        <E T="03">de minimis</E>
                         quantities of GHGs. That understanding has permeated our GHG emission rulemakings since 2009, and we have attempted to apply that framework to our distinct regulatory authorities across the rest of the CAA.
                    </P>
                    <P>
                        In 
                        <E T="03">Massachusetts,</E>
                         the Supreme Court disagreed with the EPA's argument that GHGs were not “air pollutants” because Congress had not revisited CAA section 202(a) in amending the CAA in 1990. 549 U.S. at 512-13. The Court found that our reliance on 
                        <E T="03">Brown &amp; Williamson</E>
                         to support that argument was misplaced because unlike the ban on tobacco products at issue in that case, “EPA jurisdiction would lead to no such extreme measures.” 
                        <E T="03">Id.</E>
                         at 531. The Court also found that unlike the FDA's earlier statements on tobacco products, the “EPA had never disavowed the authority to regulate greenhouse gases” and had issued a memorandum in 1998 suggesting that we had such authority. 
                        <E T="03">Id.</E>
                    </P>
                    <P>
                        <E T="03">Massachusetts</E>
                         did not consider or have reason to interpret the scope of the EPA's authority under CAA section 202(a) given our position in the 2003 Denial that GHGs are not “air pollutant[s]” under any provision of the statute. Rather, 
                        <E T="03">Massachusetts</E>
                         rejected our position that GHGs are “categorically” excluded from the CAA and remanded for the Administrator to determine whether four GHGs met the standard in CAA section 202(a). 
                        <E T="03">UARG,</E>
                         573 U.S. at 320. Further, 
                        <E T="03">Massachusetts</E>
                         must be read together with the Supreme Court's decisions in 
                        <E T="03">West Virginia</E>
                         and 
                        <E T="03">UARG,</E>
                         which applied the major questions doctrine to statutory provisions similar to CAA section 202(a), as well as other relevant precedents decided since 2007.
                        <SU>171</SU>
                        <FTREF/>
                         The decision in 
                        <E T="03">Massachusetts</E>
                         necessarily does not reflect consideration of these precedents or additional legislative and regulatory developments since that time. As noted above, the EPA's rulemakings have not been limited to emission standards as anticipated in 
                        <E T="03">Massachusetts,</E>
                         but instead reflect an increasing trend toward mandating a transition toward EVs for virtually all classes of LD, MD, and HD vehicles.
                    </P>
                    <FTNT>
                        <P>
                            <SU>171</SU>
                             We note that recent Supreme Court decisions have not cited 
                            <E T="03">Massachusetts</E>
                             as a precedent applying, or declining to apply, the major questions doctrine. 
                            <E T="03">See, e.g., Nebraska,</E>
                             600 U.S. 477; 
                            <E T="03">West Virginia,</E>
                             597 U.S. 697.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">2. Summary of Comments and Updates Since Proposal</HD>
                    <P>
                        The EPA received comments from a variety of stakeholders supporting and criticizing the legal rationale set out in the proposed rule. Commenters supporting the rescission and repeals pointed to 
                        <E T="03">West Virginia</E>
                         as virtually conclusive with respect to the applicability and outcome of the major questions doctrine analysis. These commenters generally agreed that the Endangerment Finding itself runs afoul of the doctrine by launching the EPA into a policy field that Congress has not decided whether and how to enter as a regulatory matter and, separately, that the EPA's increasing trend in GHG emission standard rulemakings toward forcing a shift toward EVs also runs afoul of the doctrine. Some commenters argued that the doctrine applied to the GHG emission standards but not the Endangerment Finding, including because the standards have increasingly trended toward forcing a shift to EVs. Commenters opposing the rescission and repeals generally argued that the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         must be read as shielding CAA section 202(a) from the major questions analysis. Some of these commenters also insisted that the regulation of GHG emissions from new motor vehicles and engines is not economically or politically significant, or that CAA section 202(a)(1) expressly authorizes the EPA to assert such authority by using broad language intended to achieve what they assert is the statute's precautionary purpose. The final rationale set out in the preceding section of the preamble reflects this input by including certain contentions raised by commenters and additional analysis developed in response to criticisms raised during the public comment period. In this subsection, we summarize major themes presented in the comments received along with our high-level responses. For detailed comment summaries and our full responses thereto, please see the Response to Comments document in the docket for this rulemaking.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Commenters supportive of the proposal agreed that prescribing GHG emission standards in response to global climate change concerns is a major question of social, economic, and political importance and that the EPA lacked clear congressional authorization to issue the Endangerment Finding and associated GHG emission standards authorized by that invocation of authority. These commenters argued that by purporting to resolve significant aspects of the climate change debate by deciding the Nation's policy response for itself in the first instance, the EPA asserted an unheralded authority that infringed on Congress's prerogatives. Several of these commenters argued that the Endangerment Finding preempted Congress by purporting to resolve an issue that was being actively debated and negotiated on the House and Senate floors in 2009 and identified additional instances in which Congress considered but declined to adopt legislation that would have granted the very authority that the EPA asserted in the Endangerment Finding. Such commenters also argued that congressional inaction means that we 
                        <PRTPAGE P="7727"/>
                        never had authority to regulate GHGs in this manner, and that authority cannot be manufactured by placing the burden on Congress in the aftermath of the Endangerment Finding to affirmatively intervene to override the Agency's actions.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA agrees with the commenters that the major questions doctrine applies to the authority we asserted under CAA section 202(a)(1) for the first time in the 2009 Endangerment Finding. In that standalone action, the EPA established the legal foundation to regulate GHG emissions under CAA section 202(a)(1) and knowingly triggered a statutory obligation to regulate GHG emissions not only in the transportation sector, but in other respects as well, including the stationary source permitting context. The importance and extraordinary consequences of that decision were both foreseeable and foreseen by the EPA at the time, as evidenced by the 2008 ANPRM and statements made and actions taken by the EPA in 2009 and 2010. See, 
                        <E T="03">e.g.,</E>
                         73 FR 44355 (“[I]f EPA were to regulate [GHG] emissions from motor vehicles under the Clean Air Act, then regulation of smaller stationary sources that also emit GHGs—such as apartment buildings, large homes, schools, and hospitals—could also be triggered. . . . The potential regulation of greenhouse gases under any portion of the [CAA] could result in an unprecedented expansion of EPA authority that would have a profound effect on virtually every sector of the economy and touch every household in the land.”); 74 FR 66502 (“Once the final affirmative contribution and endangerment findings are made, EPA has the authority to issue the final emission standards for new light-duty motor vehicles.”). Intervening events, including those addressed in 
                        <E T="03">UARG</E>
                         and 
                        <E T="03">West Virginia,</E>
                         have further demonstrated what was widely understood in 2009—the Endangerment Finding launched an entirely new field of regulation in which the EPA has applied, or attempted to apply, significant and costly regulations on virtually all major sectors of the American economy.
                    </P>
                    <P>
                        In this way, the EPA's invocation of authority in the Endangerment Finding followed by the mandatory issuance of regulations operates similarly to the assertion of authority to which the Supreme Court applied the major questions doctrine in 
                        <E T="03">West Virginia.</E>
                         The Agency's emission guidelines for existing power plants under CAA section 111(d) also imposed costs and forced generation shifting in an indirect manner. First, we issued regulations determining the amount of pollution reduction to be achieved; second, States were required to submit plans containing the emissions restrictions they intended to implement and enforce to achieve those reductions; and third, we would review those State plans for consistency with CAA requirements and allow them to enter into force through an approval or substitute State plans for a Federal plan in the event of disapproval. Similarly here, the EPA asserted authority in the Endangerment Finding that, by operation of law, triggered an obligation to prescribe GHG emission standards under CAA section 202(a)(1), triggered stationary source permitting requirements, and served as the basis for extending the reach of GHG emission regulations to additional sources, all as predicted in the 2008 ANPRM.
                    </P>
                    <P>
                        Further, the new motor vehicle standards issued by the EPA separately and independently trigger the major questions doctrine by forcing a transition toward the use of EVs rather than the ICE in a manner similar to the generation shifting at issue in 
                        <E T="03">West Virginia.</E>
                         As early as the EPA's first light-duty vehicle rule in 2010, the Agency relied on and knew its regulations would lead to increased EV production. 
                        <E T="03">See</E>
                         75 FR 25324, 25332 (May 7, 2010) (noting that the “commercialization of [EVs] and plug-in hybrids,” as well as “increased use of start-stop technology,” were available avenues for compliance).
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Adverse commenters asserted that the major questions doctrine does not apply to CAA section 202(a)(1) because of what they describe as a holding in 
                        <E T="03">Massachusetts</E>
                         that the regulation of GHGs under that provision is permissible and/or not a major question. These commenters cited to the Supreme Court's discussion of 
                        <E T="03">Brown &amp; Williamson</E>
                         in that decision, along with statements made by the Agency in prior GHG emission standards rulemakings, to support the contention that the major questions analysis is inapplicable or that precedent establishes the requisite clear authorization.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees with these comments. As explained in section V.B.1 of this preamble and discussed further in the Response to Comments document, the Supreme Court drew no such distinctions in 
                        <E T="03">West Virginia</E>
                         when it held that the major questions doctrine applies to “all corners of the administrative state,” even if the “regulatory assertions had a colorable textual basis.” 597 U.S. at 721-23 (citation omitted). The Court did not appear to understand itself to be applying the major questions doctrine in 
                        <E T="03">Massachusetts,</E>
                         and has not, in subsequent cases, treated 
                        <E T="03">Massachusetts</E>
                         as an example of applying or declining to apply the doctrine. Rather, the Court in 
                        <E T="03">Massachusetts</E>
                         distinguished 
                        <E T="03">Brown &amp; Williamson</E>
                         on its facts. That discussion does not stand for the proposition that CAA section 202(a)(1) is immune from major questions scrutiny, and many of the distinctions drawn in 
                        <E T="03">Massachusetts</E>
                         as to 
                        <E T="03">Brown &amp; Williamson</E>
                         are now themselves distinguishable given the EPA's subsequent reasoning in the Endangerment Finding and actions taken to implement the Endangerment Finding since 2009.
                    </P>
                    <P>
                        <E T="03">Comment:</E>
                         Adverse commenters asserted that if major questions doctrine is relevant here, its principles cut against what they described as the EPA's novel interpretation of CAA section 202(a)(1). These commenters argued that for nearly 20 years, Congress has declined to overturn what commenters described as the judicial decisions upholding the EPA's authority to regulate GHG emissions or to amend CAA section 202 to restrict the Agency's authority in this respect. Commenters asserted that rescinding the Endangerment Finding would itself create an abrupt reordering in an area of economic and political significance and is an assertion of authority that would be both novel and dubious and potentially threaten the separation of powers.
                    </P>
                    <P>
                        Commenters asserted that under the major questions doctrine, the EPA is not able to reverse what they described as the Agency's longstanding interpretation dating back to the Endangerment Finding without being given authority by Congress to do so. Commenters stated that Congress has enacted numerous laws that have recognized GHGs are air pollutants subject to regulation under the CAA. Commenters argued that 
                        <E T="03">Massachusetts</E>
                         and the Endangerment Finding have been established law since 2009 and that Congress has known about and enacted legislation on numerous occasions that recognize and affirm the legal interpretations made by the Supreme Court in 
                        <E T="03">Massachusetts</E>
                         and by the Agency in the Endangerment Finding.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA disagrees with commenters and concludes the major questions doctrine supports the rescission of the Endangerment Finding and repeal of associated GHG emission standards. The EPA's interpretation of CAA section 202(a)(1) is not novel. As explained in sections III.A and IV.A of this preamble, it reflects the Agency's longstanding practice in applying CAA section 202(a)(1) for the four decades 
                        <PRTPAGE P="7728"/>
                        prior to 2009. Moreover, rescinding the Endangerment Finding and repealing the associated GHG emission standards does not trigger the major questions doctrine because an agency's ability to reconsider, revise, and repeal prior actions is not an unheralded assertion of authority. As explained in section IV.A of this preamble, it is well established that an agency may reconsider, revise, and repeal prior actions unless the relevant statute provides otherwise, which is not the case here.
                    </P>
                    <P>
                        In addition, the EPA disagrees with commenters' representations of the scope of the Supreme Court's decision in 
                        <E T="03">Massachusetts</E>
                         and characterizations of congressional actions since 2009. Tellingly, commenters point to no occasion in which Congress has adopted legislation that expands the scope of the EPA's authority to regulate GHG emissions from mobile or stationary sources. As noted elsewhere in this preamble, Congress considered between 2007 and 2009 draft legislation—emphatically supported by President Obama and the Administrator who issued the Endangerment Finding—that would have substantially revised the CAA to give the EPA express authority to regulate GHG emissions, including under Title II. That legislation failed to pass, and the relatively limited number of non-regulatory provisions Congress has enacted since that time relate either to non-regulatory contexts or support our conclusion with respect to CAA section 202(a)(1) by indicating that Congress has adopted more detailed, particular solutions when it sought to address global problems, as with amendments to the RFS program and the AIM Act. This history falls well short of the standard courts have applied for inferring legislative acquiescence to either commenters' reading of 
                        <E T="03">Massachusetts</E>
                         or the EPA's assertion of authority in the 2009 Endangerment Finding. Ultimately, commenters appear to be asserting what is more properly understood as reliance interests on prior actions taken by the Agency. Because the EPA concludes that we lack statutory authority to regulate in response to global climate change concerns under CAA section 202(a)(1), we cannot respond to such asserted reliance interests by retaining the Endangerment Finding and associated GHG emission standards on that basis.
                    </P>
                    <P>Indeed, commenters inadvertently reinforce why the major questions doctrine applies to the Endangerment Finding and necessitates its rescission. If rescission of the Endangerment Finding is significant enough to trigger the major questions doctrine, there is no persuasive reason to conclude that issuing the Endangerment Finding to initiate the resulting GHG regulatory program does not similarly trigger major questions scrutiny. Were commenters correct that only rescission triggers the doctrine, the result would be an untenable rule by which an Agency can expand its statutory authority through attrition even if application of the doctrine would otherwise require a different result.</P>
                    <P>
                        <E T="03">Comment:</E>
                         Some commenters said that they support the EPA's application of the major questions doctrine to the vehicle standards that effectively mandated EVs as a purported emissions control measure for motor vehicles powered by ICEs. They stated that as the EPA points out in the proposed rule, effectively mandating a shift away from ICE vehicles under CAA section 202(a)(1) is conceptually indistinguishable from the EPA's failed attempt to mandate generation shifting by reduced utilization of coal-fired power plants under CAA section 111(d). Commenters argued that both actions involve claims of novel and expansive regulatory authority under longstanding law, both have fundamental effects on key national industries and on the national economy, Congress has grappled repeatedly over time with whether and how GHG emissions from these industries should be regulated, and neither action is grounded in a clear statutory mandate.
                    </P>
                    <P>
                        Commenters also said that the EPA's 2024 HD GHG Emission Standards Rule, without question, meet all the criteria for rescission under the major questions doctrine. These commenters argued that the Supreme Court in 
                        <E T="03">West Virginia</E>
                         held open the door for the rescission of what commenters described as sweeping EV truck mandates that impact broad segments of the national economy. Commenters argued that these standards are a direct analogue to the regulations invalidated in 
                        <E T="03">West Virginia.</E>
                    </P>
                    <P>Conversely, other commenters argued that the major questions doctrine does not apply to the 2024 GHG Emission Standards Rules and that the EPA did not explain or show awareness of its change in position from what these commenters described as the Agency's detailed consideration and rejection of major questions doctrine arguments in responding to comments on the 2024 GHG Emission Standards Rules.</P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA concludes that the major questions doctrine applies to the GHG emissions standards for LD, MD, and HD vehicles that the Agency promulgated in 2024, as discussed in the final rule preamble and with the Response to Comments document. We acknowledge that the Agency previously asserted that the 2024 GHG Emission Standards Rules did not violate the major questions doctrine. As explained in this final action, however, we now conclude that the arc of regulation since 2009 evinces a clear march toward requiring widespread adoption of EVs by manufactures and American consumers, such that the major questions doctrine applies in this respect as well. Accelerating the transition to EVs is realistically the only way for many regulated parties to comply with the stringent emission standards adopted in 2024. At least two auto manufacturers noted the compliance challenges with the current standards and cast doubt on their attainability, particularly in light of reduced EV demand. As demonstrated by the manufacturers' comments, the EPA's GHG emissions standards are difficult to achieve without increasing EV production.
                    </P>
                    <P>Further, certain events have overtaken aspects of the EPA's analysis in its prior rulemakings. For example, the IRA was largely overtaken by the OBBB, and Congress has disapproved of the EPA's approval of the California waiver under the CRA. The market has also changed since the 2024 GHG Emission Standards Rules: EV demand is down, gas prices are generally down, and EV prices are generally higher than the EPA anticipated.</P>
                    <P>In effect, the main compliance option for the 2024 GHG Emission Standards Rules was for manufacturers to increase EV production. As discussed in greater detail in the Response to Comments document, the EPA first incentivized EV production in 2010 and projected that compliance with many of its standards in the years since then would include surpassing the amount of EVs that manufacturers would have produced based on market forces alone. The totality of the EPA's actions, when viewed holistically, show a clear path towards a changed reality on the ground of more EVs.</P>
                    <HD SOURCE="HD2">C. Eliminating GHG Emissions From Motor Vehicles and Engines Would Be Futile</HD>
                    <P>
                        The EPA is also finalizing as proposed that the Agency should not and need not make an endangerment finding under CAA section 202(a)(1) when exercising the regulatory authority conferred by that provision would have no meaningful impact on the identified dangers. The comments and data received in response to the proposed rule, as well as the modeling analysis we performed to evaluate these submissions, indicates that GHG 
                        <PRTPAGE P="7729"/>
                        emission standards under CAA section 202(a)(1) have no more than a trivial effect on the key changes that the Endangerment Finding identified as causing adverse health and welfare impacts. The Endangerment Finding avoided confronting this question by severing the findings from consideration of the resulting regulations, and we focused in subsequent rulemakings on the emissions reductions potential of the standards rather than the impacts on health and welfare. Upon further review, we conclude that this approach is not consistent with the best reading of the statute or the requirement that regulations be reasonable and reasonably explained. CAA section 202(a)(1) instructs the EPA to regulate in furtherance of public health and welfare, not to reduce emissions regardless whether such reductions have any material health and welfare impact.
                    </P>
                    <P>
                        Specifically, we are finalizing that the potential for emission standards to yield more than 
                        <E T="03">de minimis</E>
                         gains for health or welfare are relevant and should be considered when applying CAA section 202(a)(1). We recognized in the Endangerment Finding that the relative contribution of GHG emissions to global concentrations from new motor vehicles and engines in the U.S. must be more than 
                        <E T="03">de minimis</E>
                         to invoke our authority but failed to carry this logic through to the remainder of the analysis. Background legal principles instruct that 
                        <E T="03">de minimis</E>
                         concerns are not encompassed within the scope of general statutory language, and the ability of regulation to address identified dangers is relevant to whether it can be said that that the emissions contribute to air pollution that endangers public health or welfare in the first instance. As discussed in this subsection, comments and our own analysis in response to comments provides that any potential impact is 
                        <E T="03">de minimis.</E>
                         Even a complete elimination of all GHG emissions from new motor vehicles and engines would not address the risks attributed to elevated global concentrations of GHGs. We are finalizing that this futility further demonstrates that CAA section 202(a)(1) does not, as a matter of text and structure, authorize or require the EPA to prescribe emission standards for GHG emissions from new motor vehicles and engines.
                    </P>
                    <HD SOURCE="HD3">1. Final Rationale</HD>
                    <P>As discussed in section VI.A of this preamble, the EPA recognizes that there are significant uncertainties related to climate modeling and recognizes that there is still significant dispute regarding climate science and modeling. However, the EPA is utilizing the climate modeling provided within this section to help illustrate that, even applying the assumptions of these climate models and uncertainties contained therein, that removing all GHG emissions from new and existing LD, MD, and HD vehicles and engines would not materially address the health and welfare dangers attributed to global climate change concerns in the Endangerment Finding.</P>
                    <P>
                        The EPA utilized the EPA Optimization Model for reducing Emissions of GHGs from Automobiles (OMEGA model) to estimate the global GHG contributions from U.S. light- and medium duty vehicle engines, and the EPA's MOtor Vehicle Emission Simulator (MOVES model) to estimate the global contribution from U.S. heavy-duty vehicle engines (Table 1).
                        <SU>172</SU>
                        <FTREF/>
                         The baseline global emission scenario used for this analysis was Shared socioeconomic pathway 2 with a radiative forcing of 4.5 watts per square meter by 2100 (SSP2-4.5) (Table 1).
                    </P>
                    <FTNT>
                        <P>
                            <SU>172</SU>
                             Note that these scenarios did not include additional GHG emissions from upstream refinery or energy generation processes, nor additional emissions of hydrofluorocarbons (HFCs) from vehicle air conditioners. The EPA separately regulates emissions from stationary sources under statutory authorities outside the scope of this rulemaking and, pursuant to separately enacted legislation requiring a phase out of HFCs, regulates permissible uses of HFCs.
                        </P>
                    </FTNT>
                    <P>
                        The EPA used the Finite amplitude Impulse Response (v2.2.3) climate emulator model (FaIR model) to quantify changes in global CO
                        <E T="52">2</E>
                         concentration and global surface temperature associated with the marginal change in emissions from each vehicle scenario relative to the baseline. The FaIR model is an open-source emulator that reasonably reflects the best available information and science but does not include all possible Earth system processes. In FaIR, greenhouse gas lifetimes are based on a four-box decay model that is also a function of atmospheric and ocean temperatures and emissions of other gases. The model accounts for radiative forcing from greenhouse gases, aerosols, albedo changes due to land use, solar cycles, and volcanic eruptions, given an externally defined time path for each. FaIR uses three layers for the ocean component, as heat uptake by the ocean controls how fast atmospheric temperature changes after a change in radiative forcing. FaIRv2 includes uncertainty estimates that are based on a calibration to global climate models, historical observations, and parameter uncertainty ranges from the Intergovernmental Panel on Climate Change. Uncertainties in climate model parameters considered in FaIR, include the sensitivity of climate to increases in atmospheric CO
                        <E T="52">2</E>
                         concentrations, forcing from aerosol interactions with radiation and clouds, forcing from black carbon on snow, and carbon cycle parameters. All simulations were run with historical volcanic and solar cycle forcing, with values held constant (solar) after 2022.
                    </P>
                    <P>
                        The EPA also used the Building Blocks for Relevant Ice and Climate Knowledge (BRICK) model to quantify changes in GSLR associated with the marginal temperature changes from each vehicle emissions scenario. BRICK is a semi-empirical, open-source model, with four sub-components that each model the physical changes in the four major contributors to GSLR—glaciers and ice caps, land water storage, and ice sheets, and thermal expansion—in response to changes in temperature. Similar to FaIR, the BRICK model is also designed with uncertain parameters intended to encompass the range of possible GSLR responses to a given input of temperature and ocean heat content. Uncertainties in GSLR parameters considered in BRICK include contributions from glaciers and ice caps and the Antarctic and Greenland ice sheets, as well as ocean thermal expansion, and were calibrated through a coupled physical-statistical framework, using an adaptive Markov chain Monte Carlo approach. Reduced complexity models like BRICK and FaIR allow for the flexibility to analyze custom scenarios, quantitatively discern changes between any scenarios, and characterize uncertainties surrounding global change. The National Academies of Sciences, Engineering and Medicine (NASEM) in a 2017 report endorsed the use of the FaIR model in a 2017 report, and the BRICK model was developed in response to recommendation 4-3 from the 2017 NASEM report.
                        <SU>173</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>173</SU>
                             National Academies of Sciences, Engineering, and Medicine. 2017. Valuing Climate Damages: Updating Estimation of the Social Cost of Carbon Dioxide. Washington, DC: The National Academies Press. A copy of this report is available in the docket for the rulemaking. Available online: 
                            <E T="03">https://doi.org/10.17226/24651.</E>
                        </P>
                    </FTNT>
                    <P>
                        The EPA modeling described above projects that global atmospheric concentrations of CO
                        <E T="52">2</E>
                         will be 420.5 parts per million by volume (ppmv) (with an associated 95 percent confidence interval (95 percent CI) of 419.1-422.1 ppmv) in 2027 and are projected to increase in the baseline scenario to a median of 475.4 ppmv by 2050 and 533.6 ppmv by 2100. The 95 percent CI reflects the uncertainty in the FaIR model input parameters and ranges from 461.8-484.3 ppmv in 2050 to 
                        <PRTPAGE P="7730"/>
                        482.5-565.4 ppmv in the year 2100. Relative to 2027, concentrations of CO
                        <E T="52">2</E>
                         are projected to increase in 2050 and 2100, by 55.0 ppmv and 113.3 ppmv, respectively (Table 3). GHG emissions from on-road vehicle exhaust in the United States are projected to contribute 2.8 ppmv (or 5 percent) and 7.4 ppmv (or 7 percent) to this global increase by 2050 and 2100, respectively (Table 3).
                    </P>
                    <P>The modeled GMST in 2027 is projected to be 1.35 °C above pre-industrial temperatures, defined as the average between 1850 and 1900 (Table 4). GMST in the baseline scenario is estimated to increase to 1.89 °C (95 percent CI: 1.44-2.37 °C) and 2.66 °C (95 percent CI: 1.86-3.87 °C) above preindustrial temperatures by the years 2050 and 2100, respectively. These changes are +0.53 °C (95 percent CI: 0.32-0.84 °C) and +1.28 °C (95 percent CI: 0.67-2.42 °C) above 2027 temperatures (Table 5). GHG emissions from on-road vehicle exhaust in the United States are projected to contribute to 0.013 °C (95 percent CI: 0.009-0.017 °C) (or 2 percent) of this increase in GMST by 2050 and 0.037 °C (95 percent CI: 0.024-0.054 °C) (or 3 percent) of this increase by 2100.</P>
                    <P>The modeled GSLR is estimated to be 25.8 cm higher in 2027 than during the preindustrial era (1850-1900). GSLR in the baseline scenario is projected to be 38.9 cm (95 percent CI: 28.0-49.1 cm) by 2050 and 94.3 cm (95 percent CI: 59.9-157.9 cm) by 2100 relative to preindustrial (Table 6). These increases are roughly 12.4 cm (95 percent CI: 9.4-20.3 cm) and 69.5 cm (95 percent CI: 35.2-132.7 cm) higher than 2027 levels (Table 7). GHG emissions from on-road vehicle exhaust in the United States contribute to roughly 0.09 cm (0.06-1.06 cm) (or ~1 percent) of this global increase in 2050 and 1.4 cm (0.39-4.77 cm) (or 2 percent) of this global increase by 2100.</P>
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                    <P>
                        As shown
                        <FTREF/>
                         above, the changes in GHG emissions and global GHG concentrations by 2050 and 2100 resulting from the complete elimination of all GHG emissions from new and existing LD, MD, and HD vehicles in the United States would be relatively minor. Importantly, however, changes in global emissions rates and global concentrations are not the focus of the statutory standard for regulation in CAA section 202(a)(1). Rather, the statute instructs that the ultimate regulatory concern is impacts from air pollution on “health or welfare.” The appropriate indicator of impact is not emissions or concentrations, but health and welfare impacts. Given the speculative, multi-faceted, and multi-causal nature of the impacts cited in the Endangerment Finding (
                        <E T="03">e.g.,</E>
                         hurricanes, floods, heat waves, ocean acidification, etc.), we used for purposes of this analysis the projected impacts of the elimination of U.S. LD, MD, and HD vehicle emissions on trends in GMST and GSLR.
                    </P>
                    <FTNT>
                        <P>
                            <SU>174</SU>
                             Average annual observed CO
                            <E T="52">2</E>
                             concentrations in 2024 were 423 ppmv. Source: Trends in Atmospheric Carbon Dioxide (CO
                            <E T="52">2</E>
                            ) from: 
                            <E T="03">https://gml.noaa.gov/ccgg/trends/global.html.</E>
                        </P>
                        <P>
                            <SU>175</SU>
                             Note that observed data do not exactly correspond with that modeled estimates, as the FaIR and BRICK modeling start in 1750 (or 1850) for estimation of both historical and future projected GHG concentrations, temperatures, and GSLR.
                        </P>
                        <P>
                            <SU>176</SU>
                             Uncertainties in GSLR parameters considered in BRICK, include but are not limited to sea level rise contributions from glaciers and ice caps and the Antarctica and Greenland ice sheets, as well as ocean thermal expansion. The calibration of the 10,000 parameter sets is described in: Rennert, K., Errickson, F., Prest, B.C. 
                            <E T="03">et al.</E>
                             Comprehensive evidence implies a higher social cost of CO
                            <E T="52">2. Nature</E>
                             610, 687-692 (2022). 
                            <E T="03">https://doi.org/10.1038/s41586-022-05224-9.</E>
                        </P>
                        <P>
                            <SU>177</SU>
                             GMST observations in 2024 were 1.55 (1.42-1.68) °C relative to 1850-1900 to present from 
                            <E T="03">https://wmo.int/publication-series/state-of-global-climate-2024.</E>
                             The uncertainty in observed temperatures is due to the uncertainty in temperature before 1900, due to the sparsity of observations during that period.
                        </P>
                        <P>
                            <SU>178</SU>
                             Observations of GSLR in 2024 are 22.5 cm relative to pre-industrial. Source: 
                            <E T="03">https://www.climate.gov/news-features/understanding-climate/climate-change-global-sea-level.</E>
                        </P>
                    </FTNT>
                    <P>In this analysis, we reviewed the projected impact on GMST and GSLR by applying two important qualifications. First, the projected impacts on GMST and GSLR are not themselves the adverse impacts on health and welfare relevant for purposes of the analysis. Rather, they are imperfect proxies for such adverse impacts, which we are assuming without accepting play a causal role in such adverse impacts. We did not apply a quantitative discount when analyzing the modeling performed for purposes of this final action. Nevertheless, it bears emphasis that the projected impacts on GMST and GSLR trends do not translate directly to adverse health and welfare impacts and do not account for additional factors, including adaptation and mitigation factors, that would necessarily inform such impacts. As discussed in section V.A of this preamble, the analytical difficulties, uncertainties, and multiple causal leaps involved in this exercise are themselves a reason to conclude that CAA section 202(a)(1) does not encompass emissions that can be said to lead to adverse health and welfare impacts only by constructing a global air pollution framework.</P>
                    <P>
                        Second, the elimination of GHG emissions from all new and existing U.S. LD, MD, and HD vehicles substantially overestimates the impacts of the EPA's GHG emission standards. The standards apply only to “new” vehicles and engines, and fleet turnover (
                        <E T="03">i.e.,</E>
                         the transition from existing vehicles to new vehicles covered by the standards) generally takes more than 20 years.
                        <SU>179</SU>
                        <FTREF/>
                         The most recent GHG emission standards finalized in 2024 phased in beginning in MY 2026 and increased in stringency through MY 2032 and beyond, meaning the full emissions reductions attributable to the standards would not be expected until well after 2052. Moreover, despite being the most stringent to date, the 2024 standards were projected to reduce GHG emissions by approximately 50 percent as compared to the preexisting standards for MY 2026 and beyond.
                        <SU>180</SU>
                        <FTREF/>
                         The appropriate discount between the modeled scenario (the elimination of all GHG emissions from vehicles) and the reductions achieved in practice by EPA GHG emission standards (
                        <E T="03">i.e.,</E>
                         the difference between the scenario and the likely real-world scenario) turns on a variety of factors that are difficult to predict, including our regulatory decisions for MY 2032 and beyond, separate regulatory influences, and changes to the underlying economics, technologies, and consumer preferences. For illustrative purposes, we present below a scenario in which EPA GHG emission standards would eliminate an additional 50 percent of GHG emissions from LD, MD, and HD vehicles as compared to the baseline.
                    </P>
                    <FTNT>
                        <P>
                            <SU>179</SU>
                             U.S. EPA. “Population and Activity of Onroad Vehicles in MOVES5” EPA-420-R-24-019, November 2024.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>180</SU>
                             For MY 2032 and beyond new motor vehicles, the EPA projected that the 2024 GHG emission standards final rules would result in a 50 percent reduction in new LD vehicle CO
                            <E T="52">2</E>
                             emissions, a 41 percent reduction in new MD vehicle CO
                            <E T="52">2</E>
                             emissions, and a 25-60 percent reduction in new HD vehicle CO
                            <E T="52">2</E>
                             emissions (dependent on vehicle category). 
                            <E T="03">See</E>
                             89 FR 27842, 27908-09 (Apr. 18, 2024); 89 FR 29440, 29451-52 (Apr. 22, 2024); 89 CFR 27914-915.
                        </P>
                    </FTNT>
                    <P>Under the 50 percent reduction scenario, retaining a GHG emission standards program for vehicles and engines would result in a 0.007 (0.005-0.009) °C impact on projected GMST through 2050 and 0.019 (0.012-0.027) °C impact on projected GMST through 2100. Retention would result in a 0.05 (0.03-0.053) cm impact on projected GSLR from 2027 to 2050 and 0.7 (0.20-2.39) cm impact on projected GSLR from 2027 to 2100. Again, this is an illustrative scenario and a rough estimate that pairs some analytic tools not intended for this purpose with other tools in the literature. As such, it cannot be assumed to translate with precision directly to specific adverse health or welfare impacts. Note, however, that these figures are themselves likely an overestimation of the actual predicted impact of GHG emission standards over the relevant time horizon because this illustrative 50 percent reduction scenario does not reflect what such standards would realistically achieve given technical and statutory constraints.</P>
                    <P>
                        Whether viewed in terms of the complete elimination scenario or the illustrative 50 percent reduction scenario, these projections lead the EPA to determine that GHG emission standards under CAA section 202(a)(1) have no material impact (
                        <E T="03">i.e.,</E>
                         beyond a 
                        <E T="03">de minimis</E>
                         level) on the global climate change concerns relied upon in the Endangerment Finding to justify regulation. This determination leads us to two independent conclusions. First, as discussed in section V.A of this preamble, the futility of GHG emission standards under CAA section 202(a)(1) further supports that the best reading of the statute does not encompass global climate change concerns within the scope of the “air pollution” that Congress authorized and required the EPA to address. And second, as discussed in this section below, the futility of GHG emission standards under CAA section 202(a)(1) renders retaining such standards unreasonable given the certain and immense costs and other direct adverse impacts of the standards.
                    </P>
                    <P>
                        Under any reasonable understanding, the predicted impacts of eliminating all U.S. GHG emissions from vehicles and engines on GMST and GSLR are 
                        <E T="03">de minimis.</E>
                         Even without accounting for the difference between total elimination under the modeled scenario and emission control using GHG standards under the discounted scenario, the predicted impacts through 2100 (0.013 °C as shown in Table 5) are below the 
                        <PRTPAGE P="7733"/>
                        range of measurability for GMST and likewise for GSLR (1.4 cm as shown in Table 7).
                        <SU>181</SU>
                        <FTREF/>
                         Additionally, as stated previously, GMST variability from 2016-2025 was 0.14 °C, which is almost four times greater than the GMST change estimated in 2100 from eliminating all U.S. vehicle and engine GHG emissions.
                        <SU>182</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>181</SU>
                             
                            <E T="03">See</E>
                             National Oceanic and Atmospheric Administration (NOAA), National Centers for Environmental Information, 
                            <E T="03">Global Surface Temperature Anomalies-Methodology and Uncertainty,</E>
                             estimating uncertainty in annual global mean surface temperature of approximately ±0.05 °C since 1950, increasing to ±0.1-0.2 °C in the late 19th Century. Available at 
                            <E T="03">https://www.ncei.noaa.gov/access/monitoring/global-temperature-anomalies.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>182</SU>
                             National Centers for Environmental Information, 
                            <E T="03">Climate at a Glance.</E>
                             NOAAGlobalTemp. Available at 
                            <E T="03">https://ncei.noaa.gov/access/monitoring/climate-at-a-glance/global/time-series/globe/land_ocean/tavg/ytd/12/1950-2025.</E>
                        </P>
                    </FTNT>
                    <P>
                        Once the figures are reduced to reflect the potential impact of EPA GHG emission standards, which only reduce, rather than eliminate, all GHG emissions from vehicles and engines for the reasons discussed above, the 
                        <E T="03">de minimis</E>
                         nature of the impact is even clearer. The reduced impact is approximately one percent of the model-projected change in GMST for 2050 and 2100.
                        <SU>183</SU>
                        <FTREF/>
                         The reduced impact is much less than one percent of the change in GSLR modeled for 2050 and 2100. As discussed in section V.A of this preamble, Congress does not include 
                        <E T="03">de minimis</E>
                         concerns in general statutory language, and agencies need not address 
                        <E T="03">de minimis</E>
                         concerns where doing so would yield trivial value under the statutory scheme.
                        <SU>184</SU>
                        <FTREF/>
                         The general instruction in CAA section 202(a)(1) to “prescribe . . . standards” for emissions that contribute to air pollution which may reasonably be anticipated to endanger public health or welfare does not override this background principle, and regulatory agencies and courts have consistently viewed impacts of one percent as 
                        <E T="03">de minimis</E>
                         and therefore not encompassed within general statutory language.
                        <SU>185</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>183</SU>
                             For context, the Administrator relied in the Endangerment Finding on predictions that global temperature would increase from 1990 to 2100 between 1.8 to 4.0 °C. 74 FR 66519.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>184</SU>
                             
                            <E T="03">See, e.g., UARG,</E>
                             573 U.S. at 333; 
                            <E T="03">Ala. Power,</E>
                             636 F.2d at 360-61.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>185</SU>
                             
                            <E T="03">See, e.g., UARG,</E>
                             573 U.S. at 333 (suggesting that an appropriate 
                            <E T="03">de minimis</E>
                             level of stationary source GHG emissions could be substantial in an absolute sense); 
                            <E T="03">EME Homer,</E>
                             572 U.S. 489 (approving rule that did not require additional emissions reductions from States that contributed less than one percent to nonattainment in other States); In re Rail Freight Fuel Surcharge Antitrust Litig., 934 F.3d 619, 625 (D.C. Cir. 2019) (applying benchmark of five-to-six percent for the number of uninjured class members that destroy predominance in class certification context); 
                            <E T="03">CareFirst of Md., Inc.</E>
                             v. 
                            <E T="03">First Care, P.C.</E>
                            , 434 F.3d 263, 268 (4th Cir. 2006) (survey showing two percent consumer confusion 
                            <E T="03">de minimis</E>
                             in the trademark context); Arent v. Shalala, 70 F.3d 610, 617 (D.C. Cir. 1995) (accepting 10 percent 
                            <E T="03">de minimis</E>
                             threshold in FDA compliance regulation).
                        </P>
                    </FTNT>
                    <P>
                        <E T="03">Relevance to the best reading of CAA section 202(a)(1).</E>
                         In reaching this determination, we recognize that CAA section 202(a)(1) authorizes preventative regulation that need not fully ameliorate the identified harms. But in discussing the statute's preventative nature, the EPA and reviewing courts consistently understood that regulation must be capable of having 
                        <E T="03">at least a material impact</E>
                         on the identified danger.
                        <SU>186</SU>
                        <FTREF/>
                         The background legal principles discussed in section V.A of this preamble support this reading of the statutory standard.
                    </P>
                    <FTNT>
                        <P>
                            <SU>186</SU>
                             
                            <E T="03">See, e.g.,</E>
                              
                            <E T="03">Ethyl Corp.</E>
                             v. 
                            <E T="03">EPA,</E>
                             541 F.2d 1, 29-32 (D.C. Cir. 1976) (en banc) (approving standards for lead content in gasoline supported by finding that lead emissions from gasoline were a “significant source” of total environmental exposure “that was particularly suited to ready reduction”).
                        </P>
                    </FTNT>
                    <P>
                        The futility determination reached in this final action is different in kind from the policy arguments previously addressed in 
                        <E T="03">Massachusetts</E>
                         and 
                        <E T="03">Coalition for Responsible Regulation,</E>
                         which focused on the cost-benefit balance of potential regulatory responses and general concerns about the most efficient way to regulate in response to global climate change concerns. Rather, we conclude that CAA section 202(a)(1) requires that emission standards be capable of having a material impact on the identified danger for the Administrator to conclude that the emissions “contribute” to air pollution that may “reasonably be anticipated” to endanger public health and welfare. If controlling or eliminating the emissions would not materially impact the identified danger, the emissions do not “contribute” to the air pollution. And because the emitted “air pollutant” and the “air pollution” are defined in this context as the “six well-mixed GHGs,” the air pollution cannot “
                        <E T="03">reasonably</E>
                         be anticipated” as endangering health or welfare in the CAA section 202(a) context if controlling or eliminating all vehicle and engine emissions would have no impact. Put another way, the inability of GHG emission standards to have any material impact demonstrates that GHG emissions from new vehicles and engines do not contribute to air pollution that endangers public health or welfare. That determination is relevant to the findings required by CAA section 202(a)(1).
                    </P>
                    <P>
                        The EPA recognized in the Endangerment Finding that CAA section 202(a) incorporates 
                        <E T="03">de minimis</E>
                         principles, stating that the contribution of motor vehicle and engine GHG emissions to the “air pollution” must be more than trivial. See 74 FR 66506, 66509, 66542-43. But we avoided consideration of this limitation in the remainder of the analysis by severing the endangerment and contribution findings from the analysis of responsive regulation. We asserted that requiring the Agency to show that control measures “would prevent at least a substantial part of the danger” would “be an unworkable interpretation, calling for EPA to project out the result of perhaps not one, but even several, future rulemakings stretching over perhaps a decade or decades.” 74 FR 66507-08. We further asserted that effectiveness would turn not only on CAA section 202(a) regulations, but also on “the larger context of the CAA and perhaps even the global context” based on our belief that all sources must “do their part” to avoid a collective action problem. 74 FR 66508. In this way, we deferred to future agency action any consideration whether regulation would have more than a 
                        <E T="03">de minimis</E>
                         impact. Upon reviewing multiple rounds of CAA section 202(a)(1) GHG emission standard rulemakings predicated on the Endangerment Finding, however, we acknowledge that the EPA never meaningfully returned to the question. Rather, we focused on estimates of GHG emission reductions and, in RIAs not relied upon to justify the standards, attempts to monetize such reductions using SCC methodology.
                        <SU>187</SU>
                        <FTREF/>
                         That was not consistent with the best reading of the statute, which provides that the proper focus is not on the emissions themselves, but on the possible dangers to health or welfare.
                    </P>
                    <FTNT>
                        <P>
                            <SU>187</SU>
                             
                            <E T="03">See, e.g.,</E>
                             89 FR 29440, 29675 (Apr. 22, 2024) (2024 HD GHG Emission Standards Rule); 75 FR 25324 (May 7, 2010) (Tailpipe Rule).
                        </P>
                    </FTNT>
                    <P>
                        Emission standards for criteria pollutants and air toxics have markedly different impacts, and a comparison to the GHG emission standards is illustrative.
                        <SU>188</SU>
                        <FTREF/>
                         Unlike the GHG emission standards, the EPA's criteria pollutant and air toxic standards protect health and welfare by reducing emissions of air pollutants that have direct effects from local and regional exposure. Moreover, the standards achieve health and welfare benefits without relying on further action with respect to other sources (
                        <E T="03">i.e.,</E>
                         stationary sources) or 
                        <PRTPAGE P="7734"/>
                        actions by other countries. Whether the EPA regulates criteria pollutant and air toxic emissions from power plants, for example, the CAA section 202(a) standards materially reduce the health and welfare impacts. Importantly, the risk-reduction benefits of those standards are 
                        <E T="03">material</E>
                         regardless whether other countries reduce emissions of the same pollutants.
                        <SU>189</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>188</SU>
                             For example, approximately 45 percent of NO
                            <E T="52">X</E>
                            , less than 10 percent of VOCs, and less than 10 percent of PM
                            <E T="52">2.5</E>
                             and PM
                            <E T="52">10</E>
                             in the United States come from the transportation sector. 
                            <E T="03">See https://www.epa.gov/transportation-air-pollution-and-climate-change/smog-soot-and-other-air-pollution-transportation.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>189</SU>
                             To note, we acknowledge that criteria air pollution does come from other countries into the United States and the CAA allows for discounting those emissions when determining compliance with the NAAQS.
                        </P>
                    </FTNT>
                    <P>
                        <E T="03">Independent basis for repealing GHG emission standards.</E>
                         Separate from the rescission of the Endangerment Finding, the EPA is finalizing the futility rationale as a standalone basis for repealing the GHG emission standards. Even if the CAA section 202(a)(1) authorized the Endangerment Finding as a standalone decision, it would be unreasonable and impermissible to retain a regulatory program that imposes immense costs while providing no material value in furtherance of a legitimate statutory objective. This alternative basis turns on the statutory language in CAA section 202(a) more generally, including the cost consideration requirements of CAA section 202(a)(2). As the Supreme Court explained in 
                        <E T="03">Michigan,</E>
                         agencies are bound to consider cost unless the statute expressly provides otherwise. Here, where the costs or regulation are certain and immense but the health and welfare value of regulation are uncertain and 
                        <E T="03">de minimis,</E>
                         it is unreasonable to maintain the GHG emissions program. For further discussion, see additional discussion in the sections of the preamble that follow and the Response to Comments document.
                    </P>
                    <HD SOURCE="HD3">2. Summary of Comments and Responses and Updates to the Final Action</HD>
                    <P>
                        In response to the proposal, the Agency received a number of technical comments regarding the proposed futility basis, including comments on the impacts of total U.S. GHG emissions and U.S. motor vehicle GHG emissions to climate change effects. Multiple commenters provided projected changes in global CO
                        <E T="52">2</E>
                         concentrations and global surface temperature changes for the years 2050 and 2100 for a range of modeled scenarios. These scenarios included modeled changes from the elimination of all U.S. CO
                        <E T="52">2</E>
                        , or elimination of all U.S. power sector CO
                        <E T="52">2</E>
                         emissions (which the commenter indicated was of similar magnitude to the emissions from motor vehicles), or the elimination of all U.S. motor vehicle GHG emissions. Other commenters cited to climate modeling the EPA included in the light-duty vehicle GHG 2010 standard setting final rule. In general, the commenters utilized the Model for the Assessment of Greenhouse Gas Induced Climate Change (MAGICC) model, a model the EPA has used in the past. While the scenarios were not identical to the modeling described in section V.C.1 of this preamble which the EPA performed for this final action,
                        <SU>190</SU>
                        <FTREF/>
                         the EPA finds that in general commenters who performed climate modeling projected changes in global surface temperature impacts similar to the EPA's modeling. As discussed in detail in section V.C.1 of this preamble, the EPA finds the modeled projected impacts from the complete elimination of GHG emissions from US on-road vehicles to be 
                        <E T="03">de minimis,</E>
                         and the impacts from potential EPA GHG standards for U.S on-road vehicles, which would not result in a complete elimination of GHG emissions, to be even smaller and thus also 
                        <E T="03">de minimis.</E>
                         The Response to Comments document summarizes the comments we received regarding climate modeling projections and our detailed responses.
                    </P>
                    <FTNT>
                        <P>
                            <SU>190</SU>
                             
                            <E T="03">See</E>
                             Memorandum to Docket EPA-HQ-OAR-2025-0194. “Technical Memo on: Temperature, CO
                            <E T="52">2</E>
                             Concentration, and Sea Level Rise Impacts of Greenhouse Gas Emissions from U.S. Motor Vehicles.”
                        </P>
                    </FTNT>
                    <HD SOURCE="HD1">VI. Additional Proposed Bases for Rescission of the Endangerment Finding and Repeal of GHG Emission Standards the Agency Is Not Finalizing at This Time</HD>
                    <P>In this section, the EPA discusses the alternative bases for rescinding the 2009 Endangerment Finding and repealing associated new motor vehicle and engine GHG emission standards that we presented for comment at proposal but are not finalizing at this time. The discussion below is provided in the interests of transparency and public engagement and should not be understood as presenting any views or conclusions related to the bases for this final action set out in section V of this preamble. As explained below and noted where appropriate in the Response to Comments document, the comments received on these alternative proposed bases are out of scope of this final action given our predicate conclusions that we lacked statutory authority to issue the Endangerment Finding and cannot retain or prescribe GHG emission standards for new motor vehicles and engines in response to global climate change concerns under CAA section 202(a)(1) and, separately, that the futility of GHG emission standards in addressing global climate change concerns renders it unreasonable to retain the standards.</P>
                    <HD SOURCE="HD2">A. Climate Science Alternative Basis</HD>
                    <P>In the proposal, the EPA described an alternative rationale for rescinding the 2009 Endangerment Finding and repealing associated GHG emission standards for new motor vehicles and engines. Under that alternative proposed basis, the EPA stated that even if CAA section 202(a)(1) could be read to authorize regulation of GHG emissions from new motor vehicles and engines in response to global climate change concerns, the Administrator would exercise his judgement differently today in light of intervening scientific developments and limitations and uncertainties in the record for the Endangerment Finding. Although the Administrator continues to harbor concerns regarding the scientific determinations underlying the Endangerment Finding, the EPA has decided not to finalize this scientific alternative rationale at this time. As explained in section V of this preamble, the EPA is rescinding the Endangerment Finding based on the best reading of CAA section 202(a)(1), under which the EPA concludes that Congress did not authorize the Agency to regulate GHG emissions from new motor vehicles and engines in response to global climate change, and, separately, is repealing the GHG emission standards for the additional reason that futility renders it unreasonable to retain the standards. These legal conclusions are sufficient to support rescission of the Endangerment Finding and repeal of the related GHG emission standards without the additional scientific basis set out at proposal.</P>
                    <P>
                        As the EPA does not adopt or rely on the proposed scientific alternative rationale in this final action, the Agency does not need to, and is not legally required to, respond to comments that address that unfinalized alternative. Nevertheless, in the interest of transparency and to assist the public in understanding the outcome of this rulemaking, the EPA provides the following summary of major themes raised by commenters regarding the proposed scientific alternative rationale. The EPA offers this summary for informational purposes only. The EPA does not (and, given the bases on which it finalizes this action, cannot) in this rulemaking resolve the underlying scientific debates described below, does not issue a new or revised scientific determination under CAA section 202(a)(1), and does not adopt or endorse any particular assessment, study, or 
                        <PRTPAGE P="7735"/>
                        comment as a statement of the Administrator's scientific judgement. The descriptions and responses that follow explain how the EPA has considered the comments in deciding not to finalize the scientific alternative rationale, but they are not necessary to, and do not form an independent basis for, the legal conclusions on which this final action rests. In light of the conclusions adopted in this final action with respect to the best reading of CAA section 202(a)(1) and the EPA's authority thereunder, we cannot resolve remaining uncertainty regarding these issues in this regulatory context.
                    </P>
                    <P>
                        <E T="03">Comments Asking the EPA to Characterize Whether the Science of Climate Change is “Settled”:</E>
                         Several commenters asked the EPA to state more clearly whether the Agency views the science of climate change as settled or unsettled. Some commenters urged the EPA to state that climate science remains unsettled, and that significant disagreement persists on key issues related to climate sensitivity, extreme events, and projected impacts. Others urged the EPA to state that the science is settled to the extent relevant to the Endangerment Finding and pointed to statements by scientific organizations and assessments that describe strong or “overwhelming” consensus regarding the reality of climate change and the influence of human activities.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Administrator continues to harbor concerns regarding the scientific analysis underpinning the Endangerment Finding. A core tenet of empirical science is that it is falsifiable—that it can always be updated or changed in light of new evidence. The scientific record contains analyses that regularly reveal new uncertainties, challenge old assumptions, propose new interpretations of evidence, and reach differing conclusions. Analyses also explicitly question the weight that policymakers should place on particular projections or impact estimates, due in part to this uncertainty. Commenters generally recognized that relevant data is being collected on a continuing basis and analyzed against prior projections but drew very different conclusions from such data. Similarly, commenters drew very different conclusions from statements by scientific organizations that the consensus on these issues is strong or “overwhelming,” which certain commenters took as evidence of certainty and others took as reason to question the underlying data and analyses. We recognize the importance of these issues and the importance placed on them by many commenters. In light of the bases adopted for this final action, however, the EPA lacks authority to resolve these issues here for regulatory purposes under CAA section 202(a)(1).
                    </P>
                    <P>
                        <E T="03">Comments Asserting That Intervening Science No Longer Supports the 2009 Endangerment Finding:</E>
                         Some commenters supported the proposal's description of scientific uncertainty and agreed that the current record does not support the assumptions and conclusions of the Endangerment Finding. These commenters argued that experience since 2009 revealed limitations in global and regional climate models, including differences between model projections and certain observational records and reanalysis in specific regions or time periods. These commenters stated that projections of temperature change, sea level rise, and some categories of extreme events span wide ranges, and they contend that those ranges reduce confidence in the magnitude and timing of risks that the Endangerment Finding associated with anthropogenic GHG emissions.
                    </P>
                    <P>Additionally, one commenter, for example, provides that there is significant bias in climate methodology that was relied upon in the Endangerment Finding. That commenter specifically provides that “mainstream climate research” has relied on a triply biased methodology that runs overheated models with inflated emission scenarios and ignores or minimized adaptation. The result, according to that commenter, is exaggerating the physical impacts of GHG emissions and harmfulness of such impacts.</P>
                    <P>
                        Commenters also focused on causation and scale. These commenters emphasized that climate change is a global phenomenon and argued that GHG emissions from U.S. mobile sources represent a 
                        <E T="03">de minimis</E>
                         share of global GHG emissions. In their view, the available science does not support a sufficiently direct and quantifiable link between incremental changes in GHG emissions from U.S. vehicles and specific public health or welfare harms in the U.S. These commenters claimed that the Endangerment Finding relied too heavily on modeled scenarios and synthesis reports and did not fully account for natural variability, observational uncertainty, and adaptive capacity.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA acknowledges that some commenters view intervening scientific literature and observational experience as weakening the basis they believe underlay the Endangerment Finding. We also acknowledge that questions related to model performance, regional patterns of change, internal variability, and the magnitude of projected impacts will continue to be examined. As provided in this section, the existence of these differing approaches and viewpoints confirms that climate science, including climate-impact assessments, remains an active field of research and assessment rather than a closed or static record. Researchers continue to refine observational datasets, develop and evaluate models, improve methods for detecting and attributing observed changes, and explore alternative ways to characterize uncertainty and risk. Assessment bodies periodically revisit and synthesize this evolving literature, and authors continue to publish analyses that emphasize different aspects of the evidence. The EPA therefore views the scientific record as dynamic and subject to ongoing refinement, and the Agency does not, in this final action, attempt to resolve the scientific or methodological debates reflected in that record. In light of the bases adopted for this final action, the EPA lacks authority to resolve these issues here for regulatory purposes under CAA section 202(a)(1).
                    </P>
                    <P>
                        <E T="03">Comments Asserting That Scientific Assessments Since 2009 Have Strengthened the Basis for the 2009 Endangerment Finding:</E>
                         Other commenters disagreed with the scientific discussion in the proposal and with the claim that intervening science no longer supports the Endangerment Finding. These commenters emphasized that, in their view, major assessment reports completed since 2009, including the Intergovernmental Panel on Climate Change (IPCC) Sixth Assessment Report and the Fifth National Climate Assessment (NCA5), describe that the climate system has warmed; that human activities, particularly GHG emissions, have contributed substantially to observed warming since the mid-twentieth century; and that climate change already affects a wide range of physical, ecological, social, and economic outcomes. Commenters pointed to NCA5's finding that climate change is affecting every U.S. region and multiple sectors, including health, agriculture, infrastructure, and ecosystems, and that risks increase with additional emissions. Commenters also cited reports from the National Academies of Sciences (NAS), such as Climate Change: Evidence and Causes, and a 2025 review of GHG emissions and U.S. climate, health, and welfare which they describe as concluding that multiple lines of evidence link anthropogenic GHG emissions to observed warming and associated risks. 
                        <PRTPAGE P="7736"/>
                        These commenters argued that, taken together, these assessments indicate that the scientific basis for concluding that GHG emissions may reasonably be anticipated to endanger public health and welfare has strengthened since 2009, not weakened. These commenters contended that the proposal downplayed or mischaracterized these assessments by emphasizing selected uncertainties without giving sufficient weight to their central conclusions.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA acknowledges that many commenters relied on IPCC, NCA5, and NAS reports to argue that mainstream scientific assessments continue to support and, in their view, reinforce the types of conclusions that informed the Endangerment Finding. The EPA further acknowledges that these assessments describe several conclusions, including that human influence has warmed the climate system and that climate change poses a range of risks to people and the environment.
                    </P>
                    <P>At the same time, the EPA recognizes that the scientific record does not consist of a single set of results, but instead reflects a range of analyses that place different weight on particular datasets, models, and impact estimates. Some studies and assessments rely more heavily on global climate model ensembles and long-term series of surface temperature, ocean heat content, and sea level, while others emphasize satellite records, reanalysis products, and shorter-term regional observations. Different authors make different methodological choices about how to treat internal climate variability, combine observational datasets, and evaluate model performance at global, regional, or local scales.</P>
                    <P>The literature includes a range of results with varied degrees of confidence regarding probabilistic outcomes, which in turn may affect the weight decision makers should place in particular projections and in the quantification of specific climate-related risks. Similarly, impact analyses and integrated assessments apply different assumptions when translating projected physical changes into estimates of effects on health, agriculture, infrastructure, ecosystems, and the broader economy. Those analyses vary in their assumptions about population, economic growth, land use, technical change, adaptation, and behavioral responses. Some studies emphasize the potential for adaptation and innovation to reduce harms; others highlight the potential for compounding effects, distributional consequences, or low-probability, high-impact outcomes. These choices can lead to different estimates of the magnitude, timing, and regional distribution of impacts, even when starting from similar underlying physical projections.</P>
                    <P>
                        <E T="03">Comments on Scientific Uncertainty, Assumptions, and What Remains Unknown:</E>
                         Commenters on both sides discussed the nature and implications of scientific uncertainty. Commenters who supported rescission on scientific grounds highlighted uncertainty in estimates of climate sensitivity, the representation of cloud and aerosol processes, regional precipitation changes, and how the frequency and intensity of specific extreme events may change in particular locations. These commenters argued that differences among observational datasets and model ensembles at certain scales make it difficult, in their view, to quantify reliably the magnitude of future climate change and associated impacts.
                    </P>
                    <P>Other commenters agreed that uncertainties exist but emphasized that major assessments explicitly acknowledge and characterize these uncertainties while still reaching robust conclusions about several aspects of climate change. These commenters noted that the Global Change Research Act directs national assessments to discuss both scientific findings and scientific uncertainties, and argued that uncertainty often relates to the size, timing, or regional distribution of projected changes rather than the direction of change or the fundamental influence of GHG emissions on the climate system.</P>
                    <P>Commenters from multiple perspectives also discussed uncertainties and assumptions in the translation of physical climate changes to quantified health and welfare outcomes. These commenters observed that impact assessments must make assumptions about future population and economic growth, land use, technology, adaptation measures, and human behavior. Some commenters argued that such assumptions may overstate risks by underestimated adaptation and innovation. Others argued that the same assumptions may understate risks because they may not fully capture low-probability, high-impact outcomes, compounding effects, or distributional consequences.</P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA agrees that significant uncertain assumptions remain in the scientific record related to climate change and its impacts. Climate and impact modeling necessarily involve choices about emissions scenarios, socioeconomic pathways, and adaptation responses, as well as assumptions about processes within the climate system itself. The EPA also recognizes that different scientific bodies and authors may draw different inferences from the same underlying data when weighing these uncertainties. Major assessments, such as IPCC and NCA5, describe many of these uncertainties and present ranges of projected outcomes, while still expressing confidence in certain broad findings. Other analyses highlighted by commenters place relatively greater emphasis on the limits of current models and on the difficulty of quantifying net impacts.
                    </P>
                    <P>
                        <E T="03">Comments on Ongoing Scientific Debate and Future Assessments, Including a Possible 6th National Climate Assessment (NCA6):</E>
                         Several commenters asked the EPA to recognize explicitly that scientific research and debate about climate change will continue, regardless of the outcome of this rulemaking. These commenters pointed to ongoing work in universities, Federal and state agencies, and international institutions, and noted that the U.S. has historically produced periodic NCAs under the Global Change Research Act.
                    </P>
                    <P>Some commenters referenced recent developments affecting Federal climate assessment activities, including actions that have affected contributors and online access to materials related to a future NCA6. These commenters argued that even if institutional arrangements change, scientific work on climate change will continue in peer reviewed literature and independent synthesis efforts. Some commenters urged the EPA to defer any change to the Endangerment Finding until after any new national or international assessment, while others argued that the existence of continuing debate and evolving research supports a decision not to rely on the Endangerment Finding.</P>
                    <P>In response, the EPA understands that scientific research and debate about climate change will continue during and after this Administration. Researchers will continue to publish new observations, attribution studies, model evaluations, and impact assessments. Domestic and international bodies may undertake additional synthesis efforts, including any future work related to a NCA6 or comparable report.</P>
                    <P>
                        <E T="03">Comments on the EPA's use of the Proposed Scientific Alternative:</E>
                         Some commenters who opposed the proposed scientific alternative requested that if the EPA decides not to finalize that rationale, the Agency should make clear that the Agency is not relying on specific scientific critiques as a necessary or independent basis for rescinding the Endangerment Finding or 
                        <PRTPAGE P="7737"/>
                        repealing vehicle GHG standards. These commenters expressed concern that references in the proposal could be misinterpreted as a new negative scientific judgement about climate change and its impacts. These commenters asked the EPA to clarify that the Agency is not issuing a new scientific determination under CAA section 202(a). Other commenters, including some who supported rescission on scientific grounds, urged the EPA to retain a version of the scientific alternative rationale in the final action to signal ongoing concerns about the treatment of uncertainty, model performance, and global versus domestic contributions to climate risk. These commenters argued that such a discussion would provide context for any future Agency considerations of climate-related issues, even if the EPA based this particular decision primarily on legal grounds.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The EPA has considered these comments and, in this final action, is not finalizing the alternative climate science rationale and is not finalizing new findings by the Administrator with respect to global climate change concerns under CAA section 202(a)(1). The EPA does not rely on any specific critique of climate science as a necessary justification for this action. Given our conclusion that we lack legal authority to regulate in response to global climate change concerns under CAA section 202(a)(1), it would be unnecessary and inappropriate to resolve such questions in this regulatory context. The EPA includes this section to summarize major scientific themes commenters raised and to acknowledge that scientific research and debate about climate change will continue. This discussion does not endorse or reject any particular assessment, study, or comment letter in the docket with respect to assertions regarding global climate change science and has limited its responses to the bases being finalized in this final action. The EPA's conclusion in this final action is limited to the legal determination that CAA section 202(a) does not provide the authority to regulate GHG emissions from new motor vehicles or new motor vehicle engines for the purpose of addressing global climate change concerns, irrespective of how ongoing scientific debates are ultimately resolved.
                    </P>
                    <HD SOURCE="HD2">B. There Is No Requisite Technology for Light- and Medium-Duty Vehicles That Meaningfully Addresses the Identified Dangers of the Six “Well-Mixed” GHGs</HD>
                    <P>
                        As stated in section V.C of this preamble, even if all GHG emissions were eliminated from all LD, MD and HD vehicles and engines, it would have a 
                        <E T="03">de minimis</E>
                         impact on public health or welfare. Therefore, there is no requisite control technology for LD and MD vehicles and engines that would meaningfully address the potential public health or welfare impacts since there is no technology that would completely eliminate all GHG emissions from vehicles.
                    </P>
                    <P>However, due to the EPA's lack of authority under CAA section 202(a), the EPA does not believe that it is necessary to finalize this alternative basis for repeal. To note, as it relates to setting standards under CAA section 202(a)(2), the EPA must take into account requisite technology, giving appropriate consideration to the cost of compliance.</P>
                    <P>We therefore believe it is more appropriate to consider whether there is any “requisite technology” that could meet the statutory requirements when establishing standards than under this regulatory action.</P>
                    <HD SOURCE="HD2">C. There Is No Requisite Technology for Heavy-Duty Vehicles That Addresses the Identified Dangers of the Six “Well-Mixed” GHGs</HD>
                    <P>
                        As stated in section V.C of this preamble, even if all GHG emissions were eliminated from all LD, MD and HD vehicles and engines, it would have a 
                        <E T="03">de minimis</E>
                         impact on public health or welfare. Therefore, there is no requisite control technology for HD vehicles and engines that would meaningfully address the potential public health or welfare impacts since there is no technology that would completely eliminate all GHG emissions from vehicles.
                    </P>
                    <P>However, due to the EPA's lack of authority under CAA section 202(a), the EPA does not believe that it is necessary to finalize this alternative basis for repeal. We therefore believe it is more appropriate to consider whether there is any “requisite technology” that could meet the statutory requirements when establishing standards than under this regulatory action.</P>
                    <HD SOURCE="HD2">D. More Expensive New Vehicles Prevent Americans From Purchasing New Vehicles That Are More Efficient, Safer, and Emit Fewer GHGs</HD>
                    <P>
                        In the proposal, the Agency described alternative bases that the Administrator could consider as rationale for the proposed repeal of the GHG standards. One of them was the negative impact that higher vehicle prices (from the GHG standards) may have on delaying the purchase of safer and lower emitting vehicles. In the proposal, the Agency noted that complying with GHG emission standards often requires manufacturers to design and install new and more expensive technologies, thereby increasing the price of new vehicles and reducing consumer demand. More expensive new vehicles are cost prohibitive for some consumers, and those consumers are likely to turn to the used vehicle market or continue using an older vehicle rather than purchase a new vehicle. The Agency stated in the proposal that all other things being equal, an increase in the price of new vehicles can result in consumers keeping their vehicles for longer periods, delaying the purchase of new vehicles, and decreasing the rate at which old vehicles in the national fleet are replaced by new vehicles (
                        <E T="03">i.e.,</E>
                         fleet turnover). Contrary to the goals of the EPA's GHG emission standards and the intended purpose of CAA section 202(a), a delay in fleet turnover can negatively impact air quality because older vehicles tend to emit higher levels of air pollutants, including criteria pollutants and hazardous air pollutants, regulated by the EPA.
                        <SU>191</SU>
                        <FTREF/>
                         Slowing fleet turnover is of particular concern with respect to the EPA's 2024 GHG Emission Standards Rules because of the large increase in vehicle technology costs which will likely lead to large increases in purchase prices, and the impact battery electric and fuel cell vehicle technologies will have on purchasing decisions of consumers (for light-, medium-, and heavy-duty vehicle buyers). Increased prices and some consumers rejecting battery electric and fuel cell vehicle technologies may lead consumers to hold on to their existing vehicles longer. Vehicles are more likely to emit less air pollution with each subsequent model year because of improvements in technology, ordinary wear and tear that decreases the effectiveness of installed technology, and greater stringency in more recent regulations for criteria pollutants and hazardous air pollutants.
                        <SU>192</SU>
                        <FTREF/>
                         The Agency requested comment on this proposed alternative basis for the repeal of the vehicle and engine GHG standards.
                    </P>
                    <FTNT>
                        <P>
                            <SU>191</SU>
                             A discussion of the impact of higher vehicle prices on slowing fleet turnover and thus increasing emissions can be found at 85 FR 24186 and 25039.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>192</SU>
                             
                            <E T="03">See</E>
                             90 FR 36313.
                        </P>
                    </FTNT>
                    <P>
                        The Agency notes that since the publication of the EPA proposal, NHTSA issued a proposal to change the CAFE standards for certain model years of vehicles after determining that previous rulemakings inappropriately considered alternative fuel technologies and the availability of compliance credits, which is prohibited pursuant to 49 U.S.C. 32902(h). In their proposal, 
                        <PRTPAGE P="7738"/>
                        NHTSA evaluated its statutory factors in light of current circumstances and tentatively concluded that the existing standards exceed those that are maximum feasible. In addition, NHTSA conducted detailed modeling of the impact of various levels of fuel economy standards on new vehicle purchases and the impact on the in-use vehicle fleet.
                        <SU>193</SU>
                        <FTREF/>
                         NHTSA's proposal finds that more stringent fuel economy standards lead to higher vehicle prices, which in turn reduce vehicle fleet turnover.
                        <SU>194</SU>
                        <FTREF/>
                         NHTSA also finds that newer vehicles are safer than older vehicles (both for the driver/occupants of the newer vehicles and for safety of the in-use fleet overall). NHTSA also finds that newer vehicles generally emit lower emissions of certain criteria pollutants, depending upon the model year of the vehicle. In addition, in their proposal, NHTSA evaluated its statutory factors in light of current circumstances and tentatively concluded that the existing standards exceed those that are maximum feasible. The Agency received substantial supportive and adverse comments on this proposed alternative rationale for repeal of the GHG standards. Several comments included technical assessments and modeling to support the commenters' views.
                    </P>
                    <FTNT>
                        <P>
                            <SU>193</SU>
                             National Highway Traffic Safety Administration. “Draft Technical Support Document The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule III for Model Years 2022 to 2031 Passenger Cars and Light Trucks.” December 2025. Chapter 4.3.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>194</SU>
                             A discussion of the impact of higher vehicle prices on slowing fleet turnover can be found at 85 FR 24626 (Apr. 30, 2020).
                        </P>
                    </FTNT>
                    <P>As discussed elsewhere in this preamble, the Agency is repealing the GHG standards because we do not have authority to establish such standards under the CAA. The EPA is not basing the repeal on the proposed alternative rationale described in this section (section VI.D of this preamble). For this reason, the Agency has not responded to the comments received on this alternative rationale from the proposal.</P>
                    <P>Nevertheless, the Agency does believe that when establishing or revising emission standards under CAA section 202(a), the Administrator may consider the impacts of emission standards on safety, and in some cases is required to do so, such as standards established under CAA section 202(a)(3)(A).</P>
                    <HD SOURCE="HD1">VII. Repeal of New Motor Vehicle and Engine GHG Emission Standards</HD>
                    <P>
                        As discussed in sections III, IV, and VI of this preamble, the EPA is repealing all GHG emission standards for LD vehicles, MD vehicles, HD vehicles, and HD engines. This includes emission standards for the subset of four of the six “well-mixed GHGs” whose elevated concentrations in the upper atmosphere the Endangerment Finding identified as the “air pollution” in question that are actually emitted by such vehicles and engines—CO
                        <E T="52">2</E>
                        , N
                        <E T="52">2</E>
                        O, methane, and HFCs—as well as the compliance provisions for the GHG standards. These changes apply to all MYs of vehicles and engines, including MYs that have completed manufacture prior to the effective date of the final action.
                    </P>
                    <P>This final action increases flexibility for vehicle manufacturers. Manufacturers will have no vehicle technology-mix constraints that arise from the EPA GHG standards and will be free to produce a range of technologies, including gasoline, diesel, alternative fuels, and plug-in electric vehicles. Thus, we do not anticipate material compliance difficulties on the part of manufacturers in response to this final action.</P>
                    <P>In section VII.A of this preamble, we discuss the anticipated impacts of repealing GHG emission standards under CAA section 202(a)(1) on the overall regulatory scheme for parties currently subject to the standards. As explained in this preamble section and elsewhere in this preamble, we did not reopen for comment or substantively revise any emission standards for criteria pollutants or hazardous air pollutants, nor did we reopen or substantively revise any regulatory provisions related to NHTSA's CAFE standards or the EPA's role in administering EPCA and EISA. This final action also does not impact Federal preemption for motor vehicle and engine emission standards under CAA section 209(a) or under EPCA and EISA, including with respect to GHGs. Regardless, whether we prescribe standards for GHG emissions from new motor vehicles or engines, CAA section 209(a) continues to apply by its own force to preempt State laws, regulations, and causes of action that adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or engines.</P>
                    <P>
                        In section VII.B of this preamble, we describe regulatory amendments related to the LD and MD vehicle program. In section VII.C of this preamble, we describe regulatory amendments related to the HD engine and vehicle program. A memorandum submitted to the docket includes redline text highlighting changes to the regulations.
                        <SU>195</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>195</SU>
                             Memorandum to Docket EPA-HQ-OAR-2025-0194, “Redline Version of EPA's Final Regulations for the Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act.” February 2026.
                        </P>
                    </FTNT>
                    <P>The EPA's engine and vehicle programs are codified in Title 40 of the CFR. Specifically, the standard-setting parts for light- and medium-duty vehicles are located in 40 CFR part 85 and 86. The standard-setting part for HD engines is located in 40 CFR part 1036 and the standard-setting part for HD vehicles is 40 CFR part 1037. Each standard-setting part includes regulations describing emission standards and related requirements and compliance provisions for certifying engines or vehicles. Consistent with the proposed rule and explained in this preamble section and elsewhere in this preamble, the EPA is retaining measurement procedures, reporting requirements, and credit provisions for the LD program necessary for demonstrating compliance with NHTSA's CAFE standards and the EPA's fuel economy labeling program to meet our statutory obligations under EPCA and EISA. In response to comments on the proposed rule, we are revising the proposed approach for HD engines and vehicles subject to NHTSA's fuel-consumption standards to similarly retain measurement procedures and reporting requirements that are necessary for demonstrating compliance with NHTSA's standards.</P>
                    <P>
                        Further, as explained in this section and elsewhere in this preamble, we did not reopen for comment and are not substantively revising emission standards or compliance provisions related to criteria pollutant exhaust emissions (
                        <E T="03">i.e.,</E>
                         NO
                        <E T="52">X</E>
                        , HC, PM, and CO), air toxic emissions, or evaporative and refueling emissions.
                        <SU>196</SU>
                        <FTREF/>
                         We may consider those issues, as appropriate, in future rulemakings.
                    </P>
                    <FTNT>
                        <P>
                            <SU>196</SU>
                             In this rulemaking, NO
                            <E T="52">X</E>
                            , HC, PM, and CO are sometimes described collectively as “criteria pollutants” because they are either criteria pollutants under the CAA or precursors to the criteria pollutants ozone and PM.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">A. Scope and Impacts of Repealing the GHG Emission Standards</HD>
                    <P>
                        The repeal in this final action is limited to the regulatory provisions for GHG emission standards found in 40 CFR parts 85, 86, 1036, and 1037, with minor conforming adjustments to unrelated emission standards for new motor vehicles and engines in 40 CFR parts 600 and 1039. As detailed in sections VII.B and VII.C of this preamble, this final action does not revise emission standards for criteria pollutants or air toxics. The EPA may reconsider and propose to revise the regulatory provisions for those programs in a separate rulemaking action. 
                        <PRTPAGE P="7739"/>
                        Similarly, we did not reopen for comment or propose to revise regulatory provisions necessary for NHTSA's CAFE standards or the EPA's co-administration of EPCA and EISA.
                    </P>
                    <P>
                        For this reason, the repealed provisions in this final action do not impact Federal preemption under EPCA, as amended by EISA, related to fuel economy standards. EPCA provides that when “an average fuel economy standard prescribed under this chapter is in effect, a state or a political subdivision of a state may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under this chapter” 
                        <SU>197</SU>
                        <FTREF/>
                         unless the standards are identical or apply only to vehicles obtained for the use of the state or political subdivision.
                        <SU>198</SU>
                        <FTREF/>
                         We reiterate that the EPA did not reopen this issue in this rulemaking, as we did not propose to revise regulatory provisions necessary for NHTSA's CAFE standards or the EPA's co-administration of EPCA and EISA. In providing this information for better clarity on the scope of the final action, the EPA notes that we are not here “undertak[ing] a serious, substantive reconsideration of the existing” position. 
                        <E T="03">Growth Energy</E>
                         v. 
                        <E T="03">EPA,</E>
                         5 F.4th 1, 21 (D.C. Cir. 2021).
                    </P>
                    <FTNT>
                        <P>
                            <SU>197</SU>
                             49 U.S.C. 32919(a).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>198</SU>
                             49 U.S.C. 32919(b)-(c).
                        </P>
                    </FTNT>
                    <P>
                        The repealed provisions in this final action also do not impact Federal preemption under CAA section 209(a), which provides that “[n]o State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part,” including “certification,” “inspection” or “approval” requirements “relating to the control of emissions from” such vehicles or engines.
                        <SU>199</SU>
                        <FTREF/>
                         Because new motor vehicles and engines that have been subject to GHG emission standards remain subject to Title II of the CAA, the statute would by its own force continue to preempt “any” State or local law, regulation, or cause of action that adopts or attempts to enforce “any standard relating to the control of emissions.” Relatedly, the CAA continues to preempt Federal common-law claims for vehicle and engine emissions because Congress adopted a standard for when such emissions rise to the level of regulatory concern and “delegated to EPA the decision whether and how to regulate” such emissions. 
                        <E T="03">Am. Elec. Power,</E>
                         564 U.S. at 426. The CAA also continues to preempt state common-law claims and statutes that seek to regulate out-of-state emissions, independently of CAA section 209(a)'s express preemption provision for mobile-source emissions. See 
                        <E T="03">City of New York</E>
                         v. 
                        <E T="03">Chevron Corp.,</E>
                         993 F.3d 81, 98-100 (2d Cir. 2021); 
                        <E T="03">cf. Int'l Paper Co.</E>
                         v. 
                        <E T="03">Ouellette,</E>
                         479 U.S. 481, 492 (1987). We retain our authority to prescribe emission standards for any air pollutant that, in the Administrator's judgment, causes or contributes to air pollution that may reasonably be anticipated to endanger public health or welfare. See the Response to Comments document for more detailed comment summaries and responses.
                    </P>
                    <FTNT>
                        <P>
                            <SU>199</SU>
                             42 U.S.C. 7543(a).
                        </P>
                    </FTNT>
                    <P>The EPA's engine and vehicle programs are codified in Title 40 of the CFR. Specifically, the standard-setting parts for light- and medium-duty vehicles are located in 40 CFR parts 85 and 86. The standard-setting part for HD engines is located in 40 CFR part 1036 and the standard-setting part for HD vehicles is 40 CFR part 1037. Each standard-setting part includes regulations describing emission standards and related requirements and compliance provisions for certifying engines or vehicles.</P>
                    <HD SOURCE="HD2">B. Light- and Medium-Duty Vehicle GHG Program</HD>
                    <P>
                        Section VII.B.1 of this preamble provides background on the EPA's LD and MD vehicle GHG emission programs. In general, through a series of rulemakings beginning with MY 2010 for LD vehicles and MY 2014 for MD vehicles, the EPA increased the stringency of the GHG standards for these vehicles over time, in particular the CO
                        <E T="52">2</E>
                         standard. The remainder of section VII.B of this preamble summarizes the comments received, and describes the changes to the LD and MD vehicle GHG regulations after considering those comments.
                    </P>
                    <HD SOURCE="HD3">1. Background on the Light- and Medium-Duty Vehicle GHG Program</HD>
                    <P>
                        In 2010, the EPA relied on the Endangerment Finding to adopt the first GHG emission standards for passenger cars and light trucks for MYs 2012 through 2016 in a joint rulemaking with NHTSA.
                        <SU>200</SU>
                        <FTREF/>
                         In 2012, the EPA and NHTSA adopted another set of GHG standards (issued by the EPA) and fuel economy standards (issued by NHTSA) for passenger cars and light trucks for MYs 2017 and later in a joint rulemaking.
                        <SU>201</SU>
                        <FTREF/>
                         In 2020, the EPA and NHTSA revised the standards that had previously been adopted and extended them for MYs 2021 through 2026.
                        <SU>202</SU>
                        <FTREF/>
                         In 2021, we further revised GHG standards for passenger cars and light trucks for MYs 2023 through 2026.
                        <SU>203</SU>
                        <FTREF/>
                         For MD vehicles, we initially adopted GHG standards as part of the Phase 1 and Phase 2 HD GHG standards. In 2024, we adopted new standards for passenger cars, light trucks, and MD vehicles starting in MY 2027, effectively combining standards that had previously been maintained separately.
                        <SU>204</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>200</SU>
                             75 FR 25324 (May 7, 2010).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>201</SU>
                             77 FR 62624 (Oct. 15, 2012).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>202</SU>
                             85 FR 24174 (Apr. 30, 2020).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>203</SU>
                             86 FR 74434 (Dec. 30, 2021).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>204</SU>
                             89 FR 27842 (Apr. 18, 2024).
                        </P>
                    </FTNT>
                    <P>
                        The EPA has also taken various actions to comply with statutory obligations under EPCA and EISA. Enacted in 1975, EPCA requires NHTSA to establish a regulatory program for motor vehicle fuel economy (now known as CAFE standards) and requires the EPA to establish measurement procedures, data collection procedures, and rules for calculating average fuel economy values in support of NHTSA's CAFE standards. In 2007, Congress amended EPCA by enacting EISA, which required continuing increases in the stringency of CAFE standards for passenger cars and light trucks through MY 2020. EISA also authorized new fuel consumption standards for MD vehicles and HD engines and vehicles.
                        <SU>205</SU>
                        <FTREF/>
                         Those standards, and the EPA's HD engine and vehicle GHG programs, are detailed in section VII.C of this preamble.
                    </P>
                    <FTNT>
                        <P>
                            <SU>205</SU>
                             49 U.S.C. 32902(k).
                        </P>
                    </FTNT>
                    <P>To comply with EPCA and EISA, the EPA adopted regulations for fuel economy measurements, calculations, and reporting under 40 CFR part 600. The regulation at 40 CFR part 600 now includes additional provisions for measuring, calculating, and reporting fuel consumption values for MD vehicles. This regulatory structure was designed to maximize efficiency within the Federal government and minimize the burden on the engine and vehicle manufacturers by centralizing data submission. We share information with NHTSA as needed to support implementation of NHTSA's fuel economy and consumption standards.</P>
                    <HD SOURCE="HD3">2. Summary of Comments and Updates to the Light- and Medium-Duty Programs</HD>
                    <P>
                        Most comments related to GHG standards for LD and MD vehicles were focused on the proposed rescission of the Endangerment Finding and repeal of the GHG standards. Manufacturers suggested in comments that the EPA establish or determine that the model 
                        <PRTPAGE P="7740"/>
                        year 2027 and later GHG standards in 40 CFR 86.1818-12 and 86.1819-14 are not appropriate, even if those standards are removed in this final action. The commenters suggested making such a determination to prevent future rulemaking action that would simply restore the standards as originally adopted. The EPA is removing the GHG emission standards for the reasons described in sections II, IV, and VI of this preamble. Because we are finalizing the conclusion that the EPA lacks authority to prescribe GHG emission standards in response to global climate change concerns under CAA section 202(a)(1), we are not putting in place alternative GHG emission standards.
                    </P>
                    <P>Commenters also correctly identified several additional amendments to remove detailed regulatory provisions that become obsolete in the absence of GHG standards. We have amended the regulation to incorporate the suggested amendments as noted in the following section VII.B.3 of this preamble. See the Response to Comments document for more detailed summaries of and responses to comments related to specific LD and MD vehicle GHG regulations.</P>
                    <HD SOURCE="HD3">3. Changes to the Light- and Medium-Duty Vehicle GHG Regulations</HD>
                    <P>The EPA's LD and MD vehicle emission regulations are spread across three CFR parts. 40 CFR part 85 includes various general compliance provisions for both criteria pollutant and GHG emissions. Many of those criteria pollutant provisions apply equally to highway motorcycles (but not for GHG emissions, as there are no EPA GHG requirements under 40 CFR part 85 for motorcycles). 40 CFR part 86 includes emission standards and certification provisions for both criteria pollutant and GHG emissions. 40 CFR part 600 includes measurement and reporting procedures related to fuel economy and GHG standards and to fuel economy labeling.</P>
                    <P>In the following preamble subsections, we describe the changes in this final action to remove and amend specific portions of each of these regulatory parts. The general approach is to remove the MY 2012 and later GHG emission standards for passenger cars and light trucks and the MY 2014 and later GHG emission standards for MD vehicles. We are also removing the testing and reporting requirements associated with the GHG emission standards. In keeping with our obligations under EPCA, as noted in section VII.B.1 of this preamble, we are not removing the testing and reporting requirements related to CAFE standards for passenger cars and light trucks. We are similarly preserving the testing and reporting provisions related to NHTSA's fuel-consumption standards for MD vehicles.</P>
                    <HD SOURCE="HD3">a. 40 CFR Part 85—Compliance Provisions for Light- and Medium-Duty Vehicles</HD>
                    <P>This final action amends 40 CFR part 85 to remove all references to GHG emission standards and related provisions while retaining provisions that support our criteria pollutant emission program. In this preamble subsection, we describe several amendments that are necessary to remove GHG-related provisions from 40 CFR part 85 while ensuring that criteria pollutant emission standards are not substantively impacted. Table 8 provides a summary of amendments to 40 CFR part 85.</P>
                    <GPH SPAN="3" DEEP="130">
                        <GID>ER18FE26.010</GID>
                    </GPH>
                    <P>The regulations at 40 CFR part 85, subpart F, provide an exemption from the general tampering prohibition for clean alternative fuel conversions. Specifically, the regulations describe how anyone modifying an in-use vehicle to run a different fuel can demonstrate that the fuel conversion maintains a level of emission control that qualifies them for an exemption from the tampering prohibition. This exemption generally allows for modifying vehicles already certified to emission standards in a way that does not cause the modified vehicle to exceed the emission standards that apply for the certified vehicle. The demonstration applies for both criteria and GHG emissions. We are amending 40 CFR 85.525 by removing the requirement to demonstrate compliance with GHG emissions. Program requirements related to criteria exhaust, evaporative, and refueling emissions and onboard diagnostics remain unchanged.</P>
                    <P>The regulation at 40 CFR 85.1515 describes the standards that apply for Independent Commercial Importers in their practice of importing used vehicles. We are only removing the provision that disallowed generation and use of GHG emission credits. We note further that the regulation requires Independent Commercial Importers to meet all the standards that apply under 40 CFR part 86. With the other changes described in this action, the removal of GHG standards from 40 CFR part 86, subpart S, applies equally to imported vehicles. Imported vehicles continue to be subject to criteria exhaust, evaporative, and refueling emission standards and requirements for onboard diagnostics as specified in 40 CFR part 86, subpart S.</P>
                    <P>
                        We are revising the recall-related instructions for remedial plans and consumer notification in 40 CFR 85.1803 and 85.1805 to remove a reference to 40 CFR 86.1865-12(j)(3), which we are removing in this action. The referenced paragraph relates to recall provisions for vehicles that do not comply with GHG standards. We are also revising definitions of “Emission-related defect” and “Voluntary emissions recall” in 40 CFR 85.1902 where those definitions describe how manufacturers must report GHG-related defects differently than defects related to criteria pollutant emission standards.
                        <PRTPAGE P="7741"/>
                    </P>
                    <P>
                        Finally, we proposed to amend the warranty provisions for specified major emission control components in 40 CFR 85.2103 by removing the reference to batteries serving as a Renewable Energy Storage System (RESS) for electric vehicles and plug-in hybrid electric vehicles, along with all components needed to charge the system, store energy, and transmit power to move the vehicle. Some commenters supported this proposed change. Other commenters noted that RESS provisions are not limited to greenhouse gas emissions and that the Agency specifically connected the warranty provisions to its nonmethane organic gases and oxides of nitrogen (NMOG+NO
                        <E T="52">X</E>
                        ) standards in the 2024 LD and MD Multi-Pollutant Emission Standards Rule.
                        <SU>206</SU>
                        <FTREF/>
                         Considering the connection to the EPA criteria pollutant program, which is out of scope of this rulemaking, we are not taking final action at this time on the proposal to remove batteries serving as a RESS for electric vehicles and plug-in hybrid electric vehicles from the list of specified major emission control components in 40 CFR 85.2103(d)(1). We may consider revisions in a future criteria pollutant rule. Note that we are nevertheless finalizing the proposed change to remove 40 CFR 85.2103(d)(3), which established the newly required battery monitor as the basis for making battery-related warranty claims; since we are removing the requirement to install these dashboard-mounted battery monitors in this rulemaking, warranty implementation will necessarily proceed without the benefit of information from the battery monitor.
                    </P>
                    <FTNT>
                        <P>
                            <SU>206</SU>
                             89 FR 27965 (Apr. 18, 2024).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">b. 40 CFR Part 86—Emission Standards and Certification Requirements for Light- and Medium-Duty Vehicles</HD>
                    <P>In general, we are amending 40 CFR part 86 to remove all GHG emission standards, references to such standards, and related provisions while retaining provisions that support our criteria pollutant emission program. In this preamble subsection, we describe several amendments that are necessary to remove GHG-related provisions from 40 CFR part 86 while ensuring that criteria pollutant emission standards are not substantively impacted. Table 9 provides a summary of the amendments to 40 CFR part 86.</P>
                    <GPH SPAN="3" DEEP="198">
                        <GID>ER18FE26.011</GID>
                    </GPH>
                    <P>We are amending the list of materials incorporated by reference in 40 CFR 86.1 by removing material that is referenced only in regulations that we are removing in this final action.</P>
                    <P>
                        We are amending the applicability statements in 40 CFR 86.1801-12 by removing references to GHG standards and related compliance provisions. We are also removing the instruction related to work factor for vehicles above 14,000 pounds gross vehicle weight rating (GVWR) at 40 CFR 86.1801-12(a)(3) since that is meaningful only in the context of GHG standards. We adopted the work-factor provision in a 2016 final rule as a means of limiting the extent to which manufacturers would certify those larger HD vehicles in test groups along with chassis-certified MD vehicles.
                        <SU>207</SU>
                        <FTREF/>
                         Removing the instruction to calculate GHG standards based on a work factor appropriate for MD vehicles, without other compensating changes, could lead to a greater number of HD vehicles certified as MD vehicles. The work-factor provision was adopted as a means of addressing competing concerns from different manufacturers. As a result, we are limiting this provision to HD vehicles with a maximum value of 19,500 pounds GVWR. We believe this limitation is the best way to maintain a consistent approach for certifying affected vehicles.
                    </P>
                    <FTNT>
                        <P>
                            <SU>207</SU>
                             81 FR 73478 (Oct. 25, 2016).
                        </P>
                    </FTNT>
                    <P>
                        We are amending the definitions in 40 CFR 86.1803-01 by removing several defined terms that are used only in regulatory provisions that we are removing in this final action. This includes removing the definition of “configuration”; while this definition is no longer needed, we are retaining the slightly different definition of “vehicle configuration,” since that definition is needed to support standards related to criteria pollutants. We are accordingly amending several references across 40 CFR part 86, subpart S, to change from a generic reference to “configuration” and replace it with the specific reference to “vehicle configuration.” We are also amending 40 CFR 86.1803-01 by adding a definition for “work factor” that is consistent with the definition that is embedded in 40 CFR 86.1819-14. We adopted the definition of “work factor” in 40 CFR 86.1819-14 primarily as a means of accounting for specific vehicle characteristics in establishing GHG emission standards for MD vehicles. We are removing all of 40 CFR 86.1819-14 as described below. However, we are keeping the definition of work factor to support the definition 
                        <PRTPAGE P="7742"/>
                        of “medium-duty passenger vehicle,” which relies on the work factor concept to categorize vehicles for applying criteria pollutant emission standards.
                    </P>
                    <P>We are amending 40 CFR 86.1803-01 and 86.1809-12 by removing references to the air conditioning efficiency test as part of the consideration for determining what is a defeat device. We are eliminating the air conditioning efficiency test from the EPA certification program because it has been used only to generate GHG credits. Note that we are not removing the air conditioning efficiency credit provisions and measurement procedures from 40 CFR 86.1868-12 and 1066.845, which are used by manufacturers for compliance with fuel economy standards as described in 40 CFR 600.510-12(c)(3). If in the future NHTSA changes the fuel economy standards to no longer reference air conditioning efficiency credits, we intend to remove those provisions from 40 CFR 600.513 if they become obsolete.</P>
                    <P>We are amending useful life specifications in 40 CFR 86.1805-12 and 86.1805-17 by removing references to useful life for GHG standards. Useful life for all criteria exhaust, evaporative, and refueling emission standards and onboard diagnostics remain unchanged.</P>
                    <P>In response to public comments, we are amending 40 CFR 86.1806-27 to clarify we are excluding certain information items identified in 13 CCR 1968.2 because they are related to GHG emission standards.</P>
                    <P>We are amending labeling requirements in 40 CFR 86.1807-01 by removing the requirement for battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs) to identify monitor family and battery durability family on the vehicle emission control information label. We are removing the battery monitoring and battery durability requirements in 40 CFR 86.1815-27 and therefore no longer need to include this family information as part of the certification process.</P>
                    <P>We are amending 40 CFR 86.1810-09(f)(2) by removing references to GHG emission standards. Manufacturer requirements to comply with altitude-related demonstration requirements for vehicles subject to the cold temperature standards for nonmethane hydrocarbon emissions remain unchanged.</P>
                    <P>We are amending 40 CFR 86.1810-17(j) by removing references to GHG emission standards. Small-volume manufacturers that modify a vehicle already certified by a different company must continue to meet other requirements as specified, such as those related to criteria exhaust, evaporative, and refueling emissions and onboard diagnostics.</P>
                    <P>We are amending 40 CFR 86.1811-17, 86.1811-27, and 86.1816-18 by removing references to GHG emission standards. We are not otherwise changing these sections, which establish criteria exhaust emission standards for LD and MD vehicles.</P>
                    <P>We are removing 40 CFR 86.1815-27, as proposed. We adopted this section to establish battery monitoring and battery durability requirements for BEVs and PHEVs. Since the earliest battery monitoring and battery durability requirements were scheduled to start in MY 2027, removing those requirements involves no immediate transition to discontinue compliance for certified vehicles.</P>
                    <P>
                        We are removing 40 CFR 86.1818-12 and 86.1819-14. These sections described the GHG standards and implementing provisions for MY 2010 and later LD vehicles and for MY 2014 and later MD vehicles. We are discontinuing the requirement to demonstrate compliance with these GHG standards and note that this discontinuation applies as of the effective date of the final action. Manufacturers need not amend existing certificates for ongoing production for the current MY. Manufacturers will in any case not need to submit credit reports at the end of the current MY to demonstrate compliance with the fleet average CO
                        <E T="52">2</E>
                         standards.
                    </P>
                    <P>We are amending test group specifications in 40 CFR 86.1823-08 by removing durability demonstration requirements related to GHG emission standards.</P>
                    <P>
                        We are amending the provisions for establishing test groups in 40 CFR 86.1827-01 by removing the reference to CO
                        <E T="52">2</E>
                         emission standards.
                    </P>
                    <P>We are amending testing specifications in 40 CFR 86.1829-15 by removing references to battery durability requirements and GHG emission standards, except where needed to account for emission measurements related to fuel economy labeling.</P>
                    <P>We are amending the compliance provisions 40 CFR 86.1835-01, 86.1838-01, 86.1841-01, 86.1848-10, and 86.1854-12 by removing references to GHG emission standards.</P>
                    <P>We are removing the description of battery monitor families and battery durability families and other GHG-related items from the reporting requirements in 40 CFR 86.1844-01.</P>
                    <P>We are amending carryover testing provisions in 40 CFR 86.1839-01 by removing references to accuracy requirements for battery monitoring for electric vehicles (EVs), which included battery electric vehicles and fuel cell electric vehicles, and PHEVs.</P>
                    <P>We are amending instructions for the application for certification in 40 CFR 86.1844-01 by removing references to refrigerant leakage rates and GHG emission standards.</P>
                    <P>
                        We are amending in-use testing requirements in 40 CFR 86.1845-04 and 86.1846-01 by removing references to testing GHG emissions and testing related to battery monitor accuracy and battery durability for EVs and PHEVs. We are also amending 40 CFR 86.1845-04 by changing the nomenclature for the reference brake-specific CO
                        <E T="52">2</E>
                         emission rate needed to perform calculations related to in-use testing for engines certified under 40 CFR 1036.635 for use in vehicles with high towing capacity.
                    </P>
                    <P>We are removing requirements for battery durability testing and other GHG-related provisions in 40 CFR 86.1847-01 and 86.1848-10.</P>
                    <P>We are amending the credit provisions for criteria exhaust and evaporative emissions in 40 CFR 86.1861-17 by referencing the credit provisions in 40 CFR part 1036, subpart H, instead of 40 CFR part 1037, subpart H. We are removing several credit provisions in 40 CFR part 1037, subpart H, in this rule because they were needed only in relation to the GHG standards in 40 CFR part 1037, which we are removing in this rule. The referenced credit provisions in 40 CFR part 1037, subpart H, are equivalent to the analogous credit provisions in 40 CFR part 1036, subpart H. While the final action preserves some credit-related provisions in 40 CFR part 1037 in support of NHTSA's fuel consumption standards, we are finalizing as proposed the updated references to 40 CFR part 1036 to ensure the complete subpart of the EPA averaging, banking, and trading provisions can continue to apply under 40 CFR 86.1861-17. We are also amending 40 CFR 86.1861-17 by removing a reference to 40 CFR 86.1865-12(j)(3), which we are removing in this action.</P>
                    <P>
                        We are removing 40 CFR 86.1865-12, which described the emission credit provisions related to the fleet average GHG standards. See the discussion related to 40 CFR 86.1818-12 and 86.1819-14 for the transition to discontinued GHG standards for the MY currently in production for the year when the final action is effective. More specifically, we will no longer recognize manufacturers' positive or negative GHG credit balances as of the effective date of the final action. Note also that we are removing 40 CFR 86.1865-12(j)(3), which describes recall provisions for 
                        <PRTPAGE P="7743"/>
                        vehicles that do not comply with GHG standards. We recognize that a credit-based approach to recall is no longer appropriate without a GHG credit program. In the context of NMOG+NO
                        <E T="52">X</E>
                         standards, recall would involve identifying and correcting a vehicle defect to bring vehicles into compliance with standards. Accordingly, we are removing the provisions describing a credit-based remedy for noncompliance.
                    </P>
                    <P>We are removing 40 CFR 86.1866-12, 86.1867-12, and 86.1867-31. These sections describe GHG credit programs for advanced technology and air conditioning leakage that served only in relation to the GHG standards that we are removing in this action.</P>
                    <P>
                        We are amending the credit provisions for air conditioning efficiency and for off-cycle technologies in 40 CFR 86.1868-12 and 86.1869-12 by removing references to the fleet average GHG standards and adjusting the description to clarify that these credit provisions continue to serve as inputs for calculating fuel consumption improvement values and average fuel economy for LD program vehicles under 40 CFR 600.510-12. Note that the 2024 LD and MD Multi-Pollutant Emission Standards Rule included several changes to narrow the availability of air conditioning efficiency and off-cycle credits; those changes continue to apply in the context of fuel consumption improvement values and average fuel economy.
                        <SU>208</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>208</SU>
                             89 FR 27842 (Apr. 18, 2024).
                        </P>
                    </FTNT>
                    <P>
                        We are removing 40 CFR 86.1870-12, which described a GHG credit program for full-size pickup trucks with hybrid technology. Those GHG credits were also used for calculating fuel consumption improvement values and average fuel economy for LD program vehicles under 40 CFR 600.510-12. However, we amended those credit provisions in the 2021 final rule to establish MY 2024 as the last year that manufacturers could generate those credits.
                        <SU>209</SU>
                        <FTREF/>
                         Because those credits are already discontinued for purposes of demonstrating compliance with EPA emission standards, manufacturers can no longer use those provisions to create fuel consumption improvement values under 40 CFR part 600.
                    </P>
                    <FTNT>
                        <P>
                            <SU>209</SU>
                             86 FR 74434 (Dec. 30, 2021).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">c. 40 CFR part 600—Requirements Related to Fuel Economy for Light- and Medium-Duty Vehicles</HD>
                    <P>In general, we are amending 40 CFR part 600 to remove all references to GHG emission standards and related provisions while retaining provisions that support compliance with CAFE standards and fuel economy labeling for passenger cars and light trucks. In the remainder of this preamble subsection, we describe several amendments needed to remove GHG-related provisions from 40 CFR part 600 without affecting provisions related to CAFE standards and fuel economy labeling. Table 10 provides a summary of the regulations we are either removing from or amending in 40 CFR part 600.</P>
                    <GPH SPAN="3" DEEP="188">
                        <GID>ER18FE26.012</GID>
                    </GPH>
                    <P>
                        We are amending the applicability statements in 40 CFR 600.001 by removing references to carbon-related exhaust emissions and fleet average CO
                        <E T="52">2</E>
                         standards. We are also revising the reference in 40 CFR 600.001(a) to MD vehicles because the testing and reporting provisions remain only to support fuel-consumption standards that apply under 49 CFR part 535. Testing provisions will remain to describe (1) how passenger automobiles and light trucks (including MD passenger vehicles) must meet fuel economy standards, (2) how manufacturers must prepare fuel economy labels for those vehicles, and (3) how MD vehicles must meet fuel-consumption standards.
                    </P>
                    <P>
                        We are amending the definitions in 40 CFR 600.002 by removing the reference to fleet average CO
                        <E T="52">2</E>
                         standards. We are also amending several definitions related to MD vehicles to preserve content referenced in 40 CFR 86.1819-14, which we are removing in this final action. We are amending these definitions to support NHTSA's implementation of fuel-consumption standards for MD vehicles.
                    </P>
                    <P>
                        We are amending the definition of Medium-Duty Passenger Vehicle (MDPV
                        <E T="52">FE</E>
                        ) for purposes of fuel economy testing and reporting in 40 CFR 600.002 to align with the clarified definition published by NHTSA at 49 CFR 523.2 (89 FR 52945, June 24, 2024). Aligning these definitions is necessary to ensure the EPA's test procedures are properly applied to vehicles covered by fuel economy standards and labeling requirements.
                    </P>
                    <P>As described for 40 CFR 86.1803-01, we are amending several references across 40 CFR part 600 to change from a generic reference to “configuration” and replace it with the specific reference to “vehicle configuration.”</P>
                    <P>
                        We are amending the information requirements in 40 CFR 600.006 through 600.010 by removing references to carbon-related exhaust emissions, GHG 
                        <PRTPAGE P="7744"/>
                        emission standards, and reporting GHG-related information generally.
                    </P>
                    <P>
                        We are amending the testing overview in 40 CFR 600.101 and 600.111-08 by removing references to carbon-related exhaust emissions and fleet average CO
                        <E T="52">2</E>
                         emissions.
                    </P>
                    <P>We are amending the emission calculations in 40 CFR 600.113-12 by removing references to carbon-related exhaust emissions and other GHG emissions.</P>
                    <P>We are amending the interim testing provisions in 40 CFR 600.117 by removing paragraph (a)(5) since we are discontinuing GHG testing with in-use vehicles under 40 CFR 86.1845-04. We are also revising paragraphs (a)(6) and (b) to clarify that manufacturers do not adjust measured fuel economy values to account for fuel effects, whether they test with E0 or E10 gasoline.</P>
                    <P>We are amending the testing, calculation, and reporting specifications in 40 CFR 600.116-12, 600.507-12, 600.509-12, and 600.510-12 by removing references to carbon-related exhaust emissions. We are also removing GHG-specific utility factors in 40 CFR 600.116-12. We note that calculations related to off-cycle credits in 40 CFR 600.510-12(c)(3)(ii) continue to rely on carbon-related exhaust emissions as specified in 40 CFR 86.1869-12.</P>
                    <P>We are amending the reporting requirements in 40 CFR 600.512-12 by removing references to carbon-related exhaust emissions. This includes amending 40 CFR 600.512-12(c)(5)(i) to explain that the purpose for performing the calculations in 40 CFR 600.510-12(c)(3) is to support credit calculations for fuel economy improvement factors, rather than demonstrating compliance with the fleet average standard for carbon-related exhaust emissions. We are moving the existing reporting requirement for emission credits related to fuel consumption improvement values from 40 CFR 86.1865-12(l)(2)(iii), which we are removing in this final action, to 40 CFR 600.512-12(c)(3) to preserve the existing provisions needed for fuel economy reporting. We are also removing the reporting requirements in 40 CFR 600.514-12, which are solely related to GHG emissions.</P>
                    <HD SOURCE="HD2">C. Heavy-Duty Engine and Vehicle GHG Program</HD>
                    <P>This section VII.C includes background on the EPA's HD GHG emission program and describes changes to the engine-based GHG regulations and the vehicle-based GHG regulations we are finalizing after considering comments.</P>
                    <HD SOURCE="HD3">1. Background on the Heavy-Duty Engine and Vehicle GHG Program</HD>
                    <P>
                        The EPA promulgated new GHG emission standards for HD engines and vehicles in three separate rulemakings. In 2011, the EPA established the first GHG standards for MY 2014 and later HD engines and vehicles in an action titled “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles” (HD GHG Phase 1).
                        <SU>210</SU>
                        <FTREF/>
                         In 2016, the EPA set new GHG standards for MY 2021 and later HD engines and vehicles in an action titled “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2” (HD GHG Phase 2).
                        <SU>211</SU>
                        <FTREF/>
                         Most recently, in 2024, the EPA finalized the 2024 HD GHG Emission Standards Rule, which set new CO
                        <E T="52">2</E>
                         emission standards for MY 2032 and later HD vehicles that phase in starting as early MY 2027 for certain vehicle categories.
                        <SU>212</SU>
                        <FTREF/>
                         The phase-in revises MY 2027 GHG standards that were established previously under the EPA's HD GHG Phase 2 rulemaking.
                        <SU>213</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>210</SU>
                             76 FR 57106 (Sept. 15, 2011).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>211</SU>
                             81 FR 73478 (Oct. 25, 2016).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>212</SU>
                             
                            <E T="03">See</E>
                             89 FR 29559-61 (Apr. 22, 2024).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>213</SU>
                             89 FR 29440 (Apr. 22, 2024).
                        </P>
                    </FTNT>
                    <P>
                        The EPA and NHTSA jointly issued the HD GHG Phase 1 and HD GHG Phase 2 rulemakings covering HD GHG emission and fuel efficiency standards. The EPA set GHG emission standards under CAA section 202(a), and NHTSA set fuel consumption standards under EISA.
                        <SU>214</SU>
                        <FTREF/>
                         The EPA and NHTSA programs were harmonized through MY 2026; however, NHTSA did not adopt changes in fuel consumption standards corresponding to the EPA's HD GHG Phase 3 standards. As a result, the CO
                        <E T="52">2</E>
                         emission and fuel consumption standards diverged in MY 2027 and later.
                    </P>
                    <FTNT>
                        <P>
                            <SU>214</SU>
                             49 U.S.C. 32902(k).
                        </P>
                    </FTNT>
                    <P>
                        The EPA's regulations include the test procedures along with a certification and compliance program, which is led by the EPA. As noted previously, this regulatory structure was designed to maximize efficiency within the Federal government and minimize the burden on the engine and vehicle manufacturers by centralizing data submission. Manufacturers submit data and information to the EPA and the EPA, in turn, shares information with NHTSA as needed to support NHTSA's implementation of its fuel consumption standards.
                        <SU>215</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>215</SU>
                             
                            <E T="03">See</E>
                             49 CFR 535.8; 40 CFR 1036.755 and 1037.755.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">2. Summary of Comments and Updates to the Heavy-Duty Engine and Vehicle Programs</HD>
                    <P>Engine and vehicle manufacturers, trade associations for the manufacturers and suppliers, and other special interest groups commented specifically on the regulatory updates the EPA proposed for the HD engine and vehicle GHG programs. Many of these commenters raised a common concern that informed the approach we are finalizing for our HD engine and vehicle regulations: the HD industry's request to ensure no disruption to NHTSA's fuel efficiency program. Section VII.C.2 of this preamble summarizes comments related to that concern and describes the approach we are broadly applying to the regulations after considering those comments. We note that several commenters suggested more specific changes to regulatory sections we proposed to revise or remove, and some commenters identified additional regulatory sections we should consider revising or removing. In section VII.C.3 of this preamble, we summarize the comments related to specific regulatory text and changes we are finalizing after considering those comments. See the Response to Comments document for more detailed summaries of and responses to comments related to specific HD engine and vehicle GHG regulations.</P>
                    <P>
                        Commenters responded to the EPA's request for comment on the relationship between the EPA's and NHTSA's regulations. As stated at proposal, NHTSA's medium- and heavy-duty fuel efficiency regulations in 49 CFR part 535 refer to several sections in the EPA's 40 CFR parts 1036 and 1037 that the EPA proposed to modify or remove. In the proposal, we also noted that NHTSA's reporting and recordkeeping regulation in 49 CFR 535.8(a)(6) directs manufacturers to submit information to the EPA, and 49 CFR 535.8(a)(6) also provides direction to manufacturers to send the information directly to NHTSA in instances where the EPA does not have an electronic pathway to receive the information.
                        <SU>216</SU>
                        <FTREF/>
                         We requested comment on whether any of the EPA's GHG test procedure, certification, and compliance program regulations should be retained with a CFR notation explaining that they only apply to NHTSA's HD fuel efficiency program. Regarding reporting, we also requested comment on the time required to transition from manufacturers supplying 
                        <PRTPAGE P="7745"/>
                        data to the EPA to supplying the data directly to NHTSA.
                    </P>
                    <FTNT>
                        <P>
                            <SU>216</SU>
                             
                            <E T="03">See</E>
                             49 CFR 535.8(a)(6).
                        </P>
                    </FTNT>
                    <P>Engine and vehicle trade organizations, individual manufacturers, and other organizations that commented on this topic expressed concern about the proposal to remove the EPA's GHG regulations, indicating that it would disrupt near-term certification for engine and vehicle manufacturers who would continue to be subject to fuel consumption standards under the NHTSA's fuel efficiency program. These commenters suggested that the EPA retain some or all of its GHG regulations until NHTSA is able to revise 49 CFR part 535 to independently implement their fuel efficiency program. In general, we agree with commenters that manufacturers should continue to have access to the regulations needed for NHTSA to effectively implement their program. At this time, NHTSA has not finalized regulations to update their HD fuel efficiency program under 49 CFR part 535. Therefore, after considering comments, and consistent with our request for comment on whether any of these provisions should be retained to support NHTSA's HD fuel efficiency program, we are only removing as proposed the EPA GHG standards in 40 CFR 1036.108, 1037.105, and 1037.106 and other provisions in 40 CFR parts 1036 and 1037 that only apply for the EPA. Relatedly, as discussed in more detail in section VII.C.3.c of this preamble, we are retaining regulatory provisions so that manufacturers will continue to submit their data and information to the EPA until NHTSA has updated their regulations and is prepared to accept the manufacturers' data and information directly.</P>
                    <P>
                        To ensure NHTSA's fuel efficiency program remains implementable in the near-term, we are retaining the EPA regulations in 40 CFR parts 1036 and 1037 that NHTSA references. The Response to Comments document for this final action describes specific changes we are finalizing to remove the EPA's GHG standards and retain the necessary provisions for NHTSA's fuel efficiency program. We note here that we have generally replaced references to “CO
                        <E T="52">2</E>
                         standards” with “fuel consumption standards” throughout 40 CFR parts 1036 and 1037. However, we have not removed all references to CO
                        <E T="52">2</E>
                          
                        <E T="03">emissions</E>
                         throughout these parts. CO
                        <E T="52">2</E>
                         emissions remain the basis of many of the test procedures and compliance provisions used in NHTSA's fuel efficiency program. As such, we are retaining many of the requirements to measure and report CO
                        <E T="52">2</E>
                         emissions in 40 CFR parts 1036 and 1037 to support the NHTSA's fuel efficiency program. To avoid extensive revisions throughout the parts, we are also amending the 40 CFR 1036.801 and 1037.801 definitions of “we (us, our)” to mean the EPA for issues related to criteria pollutant standards and to include NHTSA for testing, compliance, and approvals related to fuel consumption standards.
                    </P>
                    <P>Another commenter expressed a preference that the EPA also retain its current responsibility for certification, noting that the Environment and Climate Change Canada (ECCC) currently accepts EPA certification and labeling for their greenhouse gas program, which simplifies the certification process for manufacturers exporting their vehicles to Canada. We will not be continuing to provide EPA certifications for GHG emissions because we are removing the GHG emission standards in this final action.</P>
                    <P>While some manufacturers expressed support for the broad rescission of all of the EPA's GHG regulations, other industry commenters focused their comments specifically on the HD GHG Phase 3 program, noting that the Phase 3 standards are infeasible and that the rule was an “EV mandate” in violation of the major questions doctrine. More consistently, commenters from the HD industry noted their urgent need for regulatory certainty regarding the HD GHG Phase 3 standards that are currently set to apply for MY 2027. These commenters indicated that this final action is likely to be challenged, which could lead to the possibility that the final action would be stayed and the existing GHG regulations would remain in place, including the more stringent standards beginning in MY 2027. One approach suggested by commenters to provide near-term certainty was that the EPA rescind the Phase 3 program separate from the Endangerment Finding rescission and allow industry to continue to meet the MY 2024 standards that are currently in place under the HD GHG Phase 2 program. Another suggested approach was that the EPA add a severability clause to the final action to allow for canceling or revising the GHG standards as originally adopted for MY 2027 and later vehicles and engines even if the Endangerment Finding or the broader GHG emission standards are not rescinded. The EPA is removing all GHG emission standards as noted in this preamble because we lack authority to set these standards. Therefore, we are not putting in place alternative GHG emission standards and are not committing to alternative GHG emission standards in a separate action. As stated previously, companies are still able to continue producing HD vehicles that meet the now non-existent HD engine and vehicle requirements if they so choose.</P>
                    <HD SOURCE="HD3">3. Changes to the Heavy-Duty Engine and Vehicle GHG Regulations</HD>
                    <P>
                        The EPA's HD engine and vehicle emission regulations are contained in two standard-setting parts. 40 CFR part 1036 includes the engine-based emissions regulations for both criteria pollutant and GHG emissions.
                        <SU>217</SU>
                        <FTREF/>
                         40 CFR part 1037 includes the vehicle-based emission regulations for criteria pollutant exhaust emissions, evaporative and refueling emissions, and GHG emissions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>217</SU>
                             Note that HD engine manufacturers are subject to criteria pollutant standards in 40 CFR part 86, subpart A, through MY 2026. In a recent rulemaking (88 FR 4296, Jan. 24, 2023), the EPA migrated criteria pollutant regulations from 40 CFR part 86, subpart A, to 40 CFR part 1036 with new requirements that apply to MY 2027 and later HD engines. 
                            <E T="03">See</E>
                             88 FR 4326.
                        </P>
                    </FTNT>
                    <P>In the following preamble subsections, we describe the removal and amendment of specific portions of each of these regulatory parts. This action removes the MY 2014 and later HD GHG emission standards promulgated in HD GHG Phase 1, Phase 2, and Phase 3, collectively. As noted in section VII.C.2 of this preamble, in general we are retaining many provisions for NHTSA's fuel efficiency program under 49 CFR part 535. If NHTSA updates their regulations, then the EPA would consider a separate rulemaking to remove the remaining provisions related to the NHTSA fuel efficiency program, including the EPA's data collection responsibilities.</P>
                    <HD SOURCE="HD3">a. 40 CFR Part 1036—Emission Standards and Compliance Provisions for Heavy-Duty Engines</HD>
                    <P>
                        40 CFR part 1036 contains regulations related to the final action titled “Control of Emissions from New and In-Use Heavy-Duty Highway Engines.” 40 CFR part 1036 continues to include emission standards and compliance provisions for criteria pollutant emissions and evaporative and refueling emissions that remain unchanged, but we are removing emission standards and compliance provisions for GHG exhaust emissions (
                        <E T="03">i.e.,</E>
                         CO
                        <E T="52">2</E>
                        , nitrous oxide (N
                        <E T="52">2</E>
                        O), and methane (CH
                        <E T="52">4</E>
                        ) for HD engines) in this final action, consistent with our proposal. 40 CFR part 1036 is divided into nine subparts with three appendices. Subpart A defines the applicability of part 1036 and gives an overview of regulatory requirements. Subpart B describes the emission standards and other requirements that must be met to certify engines under 
                        <PRTPAGE P="7746"/>
                        this part. Subpart C describes how to apply for a certificate of conformity for HD engines. Subpart D addresses testing of production engines and hybrid powertrains. Subpart E addresses in-use testing, while Subpart F describes how to test engines to demonstrate compliance with the emission standards. Subpart G describes requirements, prohibitions, and other provisions that apply to engine manufacturers, vehicle manufacturers, owners, operators, rebuilders, and all others. Subpart H describes how manufacturers can optionally generate, bank, trade, and use emission credits to certify HD engines. Subpart I includes definitions and other reference material. Appendix A includes a summary of previous emission standards. Appendix B includes the transient duty cycles. Appendix C includes engine fuel maps used in the certification of specific vehicles to meet the HD vehicle emission standards.
                    </P>
                    <P>This preamble subsection includes an overview of the regulations related to the HD engine program we are removing or revising. In general, we are amending 40 CFR part 1036 to remove all GHG emission standards, references to such standards, and certain related provisions; however, most of 40 CFR part 1036 is retained as it is for the EPA's HD engine criteria pollutant emission program. As described in section VII.C.2 of this preamble, after considering comments, we are also retaining provisions to which NHTSA specifically refers in their fuel efficiency regulations of 49 CFR part 535. In this preamble subsection we describe the amendments we are finalizing for 40 CFR part 1036, which include revising or removing GHG-related provisions and clarifying when a provision is retained specifically for NHTSA's fuel efficiency program; some amendments are also needed to retain the efficacy of the EPA's criteria pollutant emission standards. Table 11 provides a summary of the regulations we are removing or amending in 40 CFR part 1036 or have retained specifically for NHTSA's fuel efficiency program.</P>
                    <BILCOD>BILLING CODE 6560-50-P</BILCOD>
                    <GPH SPAN="3" DEEP="547">
                        <PRTPAGE P="7747"/>
                        <GID>ER18FE26.013</GID>
                    </GPH>
                    <BILCOD>BILLING CODE 6560-50-C</BILCOD>
                    <P>In 40 CFR part 1036, subpart A, we added clarification in a new 40 CFR 1036.1(e) noting that the test procedure and compliance elements that previously applied to GHG emission standards, now only apply to implement NHTSA's HD fuel efficiency standards in 49 CFR part 535. We are finalizing minor changes to 40 CFR 1036.5(a) to differentiate more clearly the certification requirements for MD vehicles from those for HD engines.</P>
                    <P>
                        Within 40 CFR part 1036, subpart B, we are removing as proposed 40 CFR 1036.108, which included the GHG emission standards for CO
                        <E T="52">2</E>
                        , N
                        <E T="52">2</E>
                        O, and CH
                        <E T="52">4</E>
                        . We are retaining for NHTSA 40 CFR 1036.115(b) and 1036.130(c), which refer to fuel maps. As proposed, we are removing, and reserving to otherwise retain the existing section numbering, several paragraphs from 40 CFR 1036.150 that described interim provisions that have equivalent provisions in 49 CFR part 535 or only applied for the EPA's GHG program, including: 40 CFR 1036.150(b), (e), (g)-(j), (l), (p), (w) and (aa). While we did propose to remove paragraphs (d), (m), (n), and (q)-(s), these interim provisions apply for NHTSA's program, and we are 
                        <PRTPAGE P="7748"/>
                        retaining them with revisions to remove references to GHG emission standards.
                    </P>
                    <P>
                        We did not propose changes to the onboard diagnostic (OBD) regulations in 40 CFR part 1036, subpart B but we received comments that GHG-related requirements are embedded within California's 2022 OBD-II regulations that the EPA incorporates by reference. Commenters requested that the EPA exclude active technology, CO
                        <E T="52">2</E>
                         parameters, and reporting CO
                        <E T="52">2</E>
                         results during an OBD demonstration in the same manner as we previously excluded other specific California OBD requirements that did not apply for meeting the EPA regulations. Since we are removing GHG standards and related requirements in this final action, we agree that it is appropriate to also remove the requirement to monitor GHG parameters as part of OBD. For the final action, to conform with our removal of the EPA GHG standards, we are adding new paragraphs 40 CFR 1036.110(b)(14) through (18) to exclude the definition of “Active Technology” and related standardization, data storage, certification documentation, and monitoring system demonstration requirements from the EPA OBD provisions under 40 CFR 1036.101.
                    </P>
                    <P>
                        In 40 CFR part 1036, subpart C, we are retaining for NHTSA references to family emission limit (FEL) and family certification limit (FCL) that we proposed to remove, and are generally replacing references to CO
                        <E T="52">2</E>
                         FCLs or standards with more generalized text to apply for NHTSA. Also, for NHTSA, we are retaining with revisions 40 CFR 1036.230(f) and (g) that we proposed to remove. The revised 40 CFR 1036.230(f) and (g) now refer to 49 CFR part 535 and remove references to GHG standards in the description of how manufacturers divide their product lines into engine families. In 40 CFR 1036.230(f)(5) and throughout 40 CFR part 1036, we remove reference to EPA approvals related to GHG emissions. Therefore, under this final action, manufacturers would only need to obtain approval from NHTSA for elements related to their fuel efficiency program. We are also finalizing several revisions in 40 CFR 1036.235 to refer to 49 CFR part 535 and remove references to GHG emission testing requirements. In 40 CFR 1036.235(a), we are migrating text from 40 CFR 1037.235(a) that provides direction on how manufacturers select the test powertrain to replace GHG-related testing requirements in 40 CFR 1036.235(a)(4). We are retaining for NHTSA 40 CFR 1036.241 that we proposed to remove but are finalizing revisions to refer to 49 CFR part 535 and removing references to GHG standards in the description of how to demonstrate compliance.
                    </P>
                    <P>Also in 40 CFR part 1036, subpart C, we are migrating as proposed the provisions that relate to powertrain families from the vehicle standard-setting part in 40 CFR 1037.231 to the engine standard-setting part as a new 40 CFR 1036.231 and are finalizing revisions described in this section VII.C.3.a of the preamble. In a previous rule (89 FR 29616, Apr. 22, 2024), we migrated the powertrain test procedure from the HD vehicle procedures (formerly 40 CFR 1037.550) to the HD engine procedures in 40 CFR 1036.545 because we expected powertrain testing to be primarily used by engine manufacturers. Similarly, we proposed to migrate the related provisions manufacturers would use to divide their product line into powertrain families by migrating the text from the vehicle program in 40 CFR 1037.231 to a newly created section in the engine program under 40 CFR 1036.231. We are finalizing that migration and modifying as proposed the text previously under 40 CFR 1037.231(b)(1), such that the new 40 CFR 1036.231(b)(1) no longer requires powertrains to share the same engine families described in 40 CFR 1036.230 but requires the engine share the same design aspects specified in 40 CFR 1036.230. Since a manufacturer may choose to certify the whole powertrain to the standards in 40 CFR part 1036, there would only be a powertrain family, not a certified engine family that contains just the engine. Similarly, and consistent with our approach for defining engine families in existing 40 CFR 1036.230, we see no need to limit the powertrain family based on the vehicle service class the powertrain goes into and therefore did not migrate the existing 40 CFR 1037.231(b)(2) that requires powertrain families to share vehicle service class groupings. We are also not migrating “energy capacity” as an example attribute in the new 40 CFR 1036.231(b)(10), since it is not needed for the criteria pollutant standards. Similarly, we are not migrating existing 40 CFR 1037.231(b)(11) since rated output of hybrid mechanical power technology is also not needed for a criteria pollutant family definition.</P>
                    <P>
                        In 40 CFR part 1036, subpart D, we are retaining for NHTSA 40 CFR 1036.301 with revisions to refer to 49 CFR part 535 and remove references to CO
                        <E T="52">2</E>
                         in the description of the requirements for selective enforcement audits.
                    </P>
                    <P>
                        As previously noted, we retained and did not reopen the in-use testing procedures in 40 CFR part 1036, subpart E, which apply for the criteria pollutant emission standards. More specifically, within the in-use test procedures, we are retaining references to measuring CO
                        <E T="52">2</E>
                         for use in required chemical balance test procedures and to calculate the criteria pollutant emissions values for in-use testing. Also, in 40 CFR 1036.415(g), we are retaining the existing text requiring manufacturers to override any adjustable idle-reduction features on vehicles used for in-use testing; we are not taking action at this time on the proposed more general statement describing what it means to be adjustable.
                    </P>
                    <P>
                        In 40 CFR part 1036, subpart F, we are retaining for NHTSA test procedures related to developing engine data to support NHTSA's HD vehicle fuel efficiency program. We are retaining 40 CFR 1036.505, 1036.535, 1036.540, 1036.543, and 1036.550 and the fuel map duty cycle in Appendix C to part 1036 that we proposed to remove. In 40 CFR 1036.510, we are finalizing several revisions to paragraph (b), including replacing a reference to 40 CFR 1036.540(c)(2) with a reference to a new table we are including in that section as proposed that provides the same gear ratios based on engine service class from 40 CFR 1036.540. We are retaining 40 CFR 1036.510(e) and 1036.512(e), which described how to determine CO
                        <E T="52">2</E>
                         emissions for plug-in hybrid powertrains using the HD engine Federal Test Procedure (FTP) and engine Supplemental Emissions Test (SET) and duty cycles, respectively, to support NHTSA's HD fuel efficiency program. In 40 CFR 1036.530(e), we are retaining the existing requirement that manufacturers measure CO
                        <E T="52">2</E>
                         emissions for in-use testing, including the variable e
                        <E T="52">CO2FTPFCL</E>
                        . We are not taking action at this time on the revised variable e
                        <E T="52">CO2FTP</E>
                         that we proposed would represent the engine's brake-specific CO
                        <E T="52">2</E>
                         over the FTP or SET duty cycle.
                    </P>
                    <P>
                        Powertrain testing, also described in 40 CFR part 1036, subpart F, is an option that manufacturers may use for certifying hybrid powertrains to the engine criteria pollutant standards in 40 CFR 1036.104 and the GHG emission standards in 40 CFR 1036.108. The powertrain test procedure in 40 CFR 1036.545 describes testing a powertrain that includes an engine coupled with a transmission, drive axle, and hybrid components, or a subset of these components. We retained and did not reopen most of 40 CFR 1036.545 related to the powertrain testing for criteria pollutants. We proposed to remove the portions related to the GHG program and revise several paragraphs to account for the removed GHG content; however, 
                        <PRTPAGE P="7749"/>
                        we are retaining these provisions for NHTSA's fuel efficiency program with targeted revisions to replace references to the EPA's standards with NHTSA's standards. While we are retaining vehicle test procedures from 40 CFR part 1037, we are finalizing as proposed the revisions in 40 CFR 1036.545(d) to replace references to the 40 CFR 1037.565 vehicle test procedure with the relevant text from that procedure.
                    </P>
                    <P>
                        Throughout 40 CFR 1036.545, we are retaining existing requirements to create inputs for the Greenhouse gas Emission Model (GEM) tool that manufacturers use for compliance with NHTSA's fuel efficiency program. Vehicle manufacturers will continue to have access to GEM Phase 2, Version 4.0, including the hardware-in-the-loop (HIL) model within that version of GEM, that is incorporated by reference in 40 CFR 1037.810 and currently available on the EPA's website.
                        <SU>218</SU>
                        <FTREF/>
                         We also are retaining references to the use of utility factors, vehicle configurations, and vehicle-based duty cycles and test procedures that do not apply for the criteria pollutant program but apply to NHTSA's fuel efficiency program. We are removing as proposed 40 CFR 1036.545(p) which described the procedure to determine usable battery energy for plug-in hybrid powertrains that was added in the EPA's HD Phase 3 rule.
                    </P>
                    <FTNT>
                        <P>
                            <SU>218</SU>
                             GEM Phase 2, Version 4.0 is incorporated by reference in 40 CFR 1036.545. 
                            <E T="03">See also</E>
                             40 CFR 1036.810.
                        </P>
                    </FTNT>
                    <P>
                        In 40 CFR part 1036, subpart G, we are revising 40 CFR 1036.605 to remove the EPA N
                        <E T="52">2</E>
                        O requirements for engines installed in specialty vehicles and the ability to generate or use credits and are finalizing similar changes in 40 CFR 86.007-11(g) and 86.008-10(g) for MY 2026 and earlier specialty vehicle engines. We are retaining 40 CFR 1036.610 with a revised section heading to remove reference to GHG emissions, because NHTSA's regulations in 49 CFR part 535 refer to these off-cycle technology test procedures. We are also retaining for NHTSA 40 CFR 1036.615 and 1036.620, with revisions to 40 CFR 1036.620 to remove references to CO
                        <E T="52">2</E>
                         standards and banked credits, and the labeling requirement of paragraph (d). We are removing as proposed 40 CFR 1036.625, which described how to adjust CO
                        <E T="52">2</E>
                         FEL values; the NHTSA regulations contain their own provisions for manufacturers to make adjustments to their compliance values and they do not refer to 40 CFR 1036.625.
                    </P>
                    <P>We also are removing as proposed 40 CFR 1036.635, which described how manufacturers that certify engines for use in high-gross combined vehicle weight (GCWR) MD vehicles under 40 CFR part 1036 could comply with GHG standards under 40 CFR part 86, subpart S. With no need to describe the GHG-related flexibilities in 40 CFR 1036.635, the existing applicability provisions in 40 CFR 1036.1 and 1036.5 already cover the certification provisions for high-GCWR vehicles as they relate to criteria pollutants. Specifically, 40 CFR 1036.1 sets up the default of applying the standards and certification requirements from 40 CFR part 1036 to all engines installed in HD vehicles (generally vehicles above 8,500 pounds GVWR), while 40 CFR 1036.5 allows manufacturers to certify MD vehicles to the chassis-based program as described in 40 CFR 86.1801-12.</P>
                    <P>
                        The NHTSA regulations under 49 CFR part 535 contain their own ABT provisions for calculating and using fuel consumption credits. In 40 CFR part 1036, subpart H, we are generally removing references to the EPA's CO
                        <E T="52">2</E>
                         standards and are amending the calculation provisions to clarify they only apply for the EPA criteria pollutant credit calculations. We are retaining the ABT reporting provisions of 40 CFR 1036.730, since the EPA will continue to collect the information as described in 40 CFR 1036.755 for NHTSA's fuel efficiency program. The allowance for manufacturers to generate credit deficits under 40 CFR 1036.745 is required for NHTSA's ABT program for its fuel consumption standards. We are retaining for NHTSA 40 CFR 1036.745 and references to that section within subpart H, but are replacing the content of 40 CFR 1036.745 with a reference to NHTSA's fuel consumption credits provisions under 49 CFR 535.7.
                    </P>
                    <P>In 40 CFR part 1036, subpart I, we proposed to remove GHG-specific symbols, abbreviations, and acronyms from 40 CFR 1036.805, and materials from 40 CFR 1036.810 that were only incorporated by reference in the test procedures we proposed to remove. Similarly, in 40 CFR 1036.801, we proposed to remove several GHG-specific definitions, and move transmission- and other powertrain-related definitions from the HD vehicle definitions in 40 CFR 1037.801 to the engine definitions in 40 CFR 1036.801, so they can be available to engine manufacturers using the powertrain test procedures in 40 CFR 1036.545. For the final action, we are retaining the provisions in 40 CFR 1036.801, 1036.805, 1036.810, and 1036.815 to provide for the implementation of NHTSA's fuel efficiency program. We are finalizing as proposed the new transmission- and other powertrain-related definitions in 40 CFR 1036.801 since the powertrain test procedures are now in 40 CFR part 1036, but note that we are also retaining the same definitions in 40 CFR 1037.801.</P>
                    <P>We proposed to remove Appendix C to part 1036, which contains the default engine fuel maps that are used by 40 CFR 1036.540. In this final action, we are retaining Appendix C, consistent with our decision to retain 40 CFR 1036.540 and the other provisions needed by NHTSA for their fuel efficiency program.</P>
                    <HD SOURCE="HD3">b. 40 CFR Part 1037—Emission Standards and Compliance Provisions for Heavy-Duty Vehicles</HD>
                    <P>
                        40 CFR part 1037 contains regulations related to the final action titled “Control of Emissions from New Heavy-Duty Motor Vehicles.” 40 CFR part 1037 continues to include criteria pollutant emission standards that apply for all HD vehicles, and evaporative and refueling emission standards that apply for certain HD vehicles, but we are removing GHG emission standards, consistent with the proposal. 40 CFR part 1037 is divided into nine subparts with five appendices. Subpart A defines the applicability of part 1037 and gives an overview of regulatory requirements. Subpart B describes the emission standards and other requirements that must be met to certify vehicles under this part. Subpart C describes how to apply for a certificate of conformity. Subpart D and E address testing of production and in-use vehicles, respectively. Subpart F describes how to test vehicles and perform emission modeling for vehicles subject to the CO
                        <E T="52">2</E>
                         emission standards. Subpart G, along with 40 CFR part 1068, describe requirements, prohibitions, and other provisions that apply to manufacturers, owners, operators, rebuilders, and all others. Subpart H describes how manufacturers can optionally generate and use emission credits to certify vehicles. Subpart I includes definitions and other reference material. Finally, Appendix A, B, and D include test cycles, Appendix C presents emission control identifiers for emissions labels, and Appendix E presents power take-off utility factors.
                    </P>
                    <P>
                        This preamble subsection includes an overview of the regulations related to the HD vehicle program we are removing or revising. In general, we are amending 40 CFR part 1037 to remove all GHG emission standards (
                        <E T="03">i.e.,</E>
                         CO
                        <E T="52">2</E>
                         and HFC standards for vehicles), references to such standards, and certain related provisions without revising provisions necessary to support criteria pollutant standards, including 
                        <PRTPAGE P="7750"/>
                        evaporative and refueling emission standards. As described in section VII.C.2 of this preamble, after considering comments, we are retaining provisions to which NHTSA specifically refers in their fuel efficiency regulations of 49 CFR part 535. In this preamble subsection, we describe the amendments to revise the GHG-related provisions from 40 CFR part 1037, which include some amendments needed to retain the efficacy of the criteria pollutant emission standards or clarify when a provision is retained specifically for NHTSA's fuel efficiency program. Table 12 provides a summary of the regulations we are removing or amending in 40 CFR part 1037 or have retained specifically for NHTSA's fuel efficiency program.
                    </P>
                    <BILCOD>BILLING CODE 6560-50-P</BILCOD>
                    <GPH SPAN="3" DEEP="455">
                        <GID>ER18FE26.014</GID>
                    </GPH>
                    <BILCOD>BILLING CODE 6560-50-C</BILCOD>
                    <P>
                        In 40 CFR part 1037, subpart A, we retained and did not reopen the existing applicability of 40 CFR part 1037. Specifically, as described in existing 40 CFR 1037.1, the part continues to apply for BEVs, fuel cell electric vehicles (FCEVs), and vehicles fueled by conventional and alternative fuels. We added clarification in a new 40 CFR 1037.1(c) noting that the test procedure and compliance elements that previously applied to GHG emission standards, now only apply to implement NHTSA's HD fuel efficiency program in 49 CFR part 535. We note that the revised 40 CFR part 1037 continues to contain provisions that apply to HD vehicles under NHTSA's fuel efficiency program; however, it applies for fewer vehicles under the EPA's criteria pollutant program. Without EPA GHG standards, there are no vehicle-level emission standards for vehicles (including glider vehicles) with engines certified to other parts. Under this final action, the only HD vehicles that would continue to require a vehicle-level certificate of conformity from the EPA are those with no installed propulsion engine, such as BEVs and FCEVs, certifying to the criteria pollutant standards of 40 CFR 1037.102. Tailpipe emissions of criteria pollutants from BEVs and FCEVs would continue to be deemed to be zero with no testing 
                        <PRTPAGE P="7751"/>
                        requirements, but the EPA will require that BEV and FCEV manufacturers apply for a certificate of conformity to meet the requirements of CAA section 202(a).
                    </P>
                    <P>
                        In 40 CFR part 1037, subpart B, we are removing the MY 2014 and later HD vehicle CO
                        <E T="52">2</E>
                         emission standards promulgated in HD GHG Phase 1, Phase 2, and Phase 3, which included the vocational vehicle standards in 40 CFR 1037.105 and the tractor standards in 40 CFR 1037.106. While we are removing GHG standards and related requirements, we retained and did not reopen criteria pollutant exhaust emission standards in 40 CFR 1037.102 and the evaporative and refueling emission standards in 40 CFR 1037.103.
                    </P>
                    <P>We proposed to revise 40 CFR 1037.102(a) to describe how vehicles can be deemed to meet the criteria pollutant exhaust emission standards without testing under 40 CFR part 1037. Commenters raised concerns with the proposed approach to adopt new vehicle family definitions citing an associated need for new labeling, tracking systems, and reporting systems that would require additional time to implement. The commenters requested to keep today's vehicle family definitions, as they are required by NHTSA. After considering these comments, we note that the EPA did not intend for the new vehicle family definitions to increase burden on certifying manufacturers. Since vehicles with a propulsion engine are already covered under EPA engine certificates for criteria pollutants, we do not need to require a separate vehicle certificate for criteria pollutants. Therefore, we are retaining the current language in 40 CFR 1037.102(a) and (b) such that only vehicles without a propulsion engine will continue to be subject to the criteria pollutant standards in 40 CFR part 1037.</P>
                    <P>In the HD GHG Phase 2 rulemaking, we adopted PM emission standards that apply for APUs installed on new tractors. Since PM emissions are criteria pollutant emissions, we retained and did not reopen the PM emission standards for APUs but proposed to migrate the standards from 40 CFR 1037.106(g) to a new 40 CFR 1037.102(c) because we proposed to remove 40 CFR 1037.106. We are finalizing our proposed migration from 40 CFR 1037.106 and are modifying as proposed 40 CFR 1039.699(a) and (n) to refer to the new 40 CFR 1037.102 instead of 40 CFR 1037.106.</P>
                    <P>
                        Also in 40 CFR part 1037, subpart B, we are amending 40 CFR 1037.115 to remove the HFC emission (
                        <E T="03">i.e.,</E>
                         air conditioning leakage) standards and the battery durability monitor requirements. We are revising as proposed the list of components covered under 40 CFR 1037.120(c). Under this final action, we are removing many HD vehicle GHG-reducing technologies but emission-related warranty would continue to apply for fuel cell stacks, RESS, and other components used with BEVs or FCEVs certified to the EPA's criteria pollutant standards or evaporative and refueling emission controls on vehicles subject to the EPA's evaporative and refueling standards. We are finalizing as proposed the removal of warranty requirements from 40 CFR part 1037 for RESS and other components used in 
                        <E T="03">hybrid</E>
                         vehicles. We note that manufacturers certifying hybrids to the EPA's criteria pollutant program would be doing so under the engine standards of part 1036 and would warrant the RESS and other components from those systems under 40 CFR part 1036. We did not reopen or propose to remove the warranty requirements for hybrid system components in 40 CFR part 1036.
                    </P>
                    <P>We acknowledge commenters' suggestion that warranty should not apply for vehicles with no propulsion engine and no tailpipe emissions; however, these components are covered under the EPA's criteria pollutant program and the related warranty comments are out of scope for this action. We did not reopen the requirement that the basic emission-related warranty applies for fuel cell stacks and RESS as they continue to qualify as an emission-related component related to criteria pollutant emission standards. Therefore, we are retaining these provisions for the final action. Similarly, we retained and did not reopen the emission control components covering a vehicle's evaporative and refueling emissions.</P>
                    <P>
                        Under this final action, we are finalizing a revision to replace the content of existing maintenance provisions of 40 CFR 1037.125 with a single sentence requiring manufacturers to provide written instructions for properly maintaining the emission control system.
                        <SU>219</SU>
                        <FTREF/>
                         In the labeling provisions of 40 CFR 1037.135(c) we are removing as proposed paragraphs (c)(6) and (7) that relate to identifying the EPA-specific emission control system and fuel sulfur levels on the label, respectively. We proposed to remove 40 CFR 1037.140 and 1037.150, which included the vehicle classifications and interim provisions related directly to NHTSA's HD vehicle fuel efficiency program. In this final action, we are retaining 40 CFR 1037.140 with revisions to remove reference to the EPA's standards and we are retaining the NHTSA-referenced paragraphs of 40 CFR 1037.150 to assist in the continued implementation of NHTSA's program.
                    </P>
                    <FTNT>
                        <P>
                            <SU>219</SU>
                             We are not aware of any scheduled maintenance for evaporative and refueling emission control components, or BEV or FCEV components, but if there was then the maintenance provisions of 40 CFR 1037.125 would apply.
                        </P>
                    </FTNT>
                    <P>In 40 CFR part 1037, subpart C, we proposed to remove 40 CFR 1037.201(g) that describes confirmatory testing; however, in this final action, we are retaining paragraph (g) for NHTSA's fuel efficiency program. We proposed to remove several provisions in 40 CFR 1037.205, which defines what manufacturers would include in their application for certification, because they would no longer be needed for GHG certification. However, in this final action we are instead revising 40 CFR 1037.205 to reflect the information that is required for NHTSA's fuel efficiency program.</P>
                    <P>
                        We are retaining for NHTSA the existing 40 CFR 1037.225 and 1037.230 with minor revisions to remove reference to GHG and CO
                        <E T="52">2</E>
                         standards. After considering comments, we are not finalizing the streamlined vehicle families we proposed for 40 CFR 1037.230 to avoid additional burden for manufacturers certifying to NHTSA's fuel consumption standards using the original vehicle families. We are finalizing as proposed the migration of the powertrain families provision from 40 CFR 1037.231 to the HD engine regulations under a new 40 CFR 1036.231. We are retaining 40 CFR 1037.231 but replacing the content of that section with a reference to the new location of the provision in 40 CFR 1036.231. We proposed to remove 40 CFR 1037.232 and 1037.241 and revise 40 CFR 1037.235 and 1037.250, but are retaining them for NHTSA in this final action, with targeted revisions to remove references to GHG and CO
                        <E T="52">2</E>
                         standards.
                    </P>
                    <P>
                        We proposed to remove 40 CFR part 1037, subparts D and E in their entirety because they describe the testing of production and in-use vehicles to demonstrate compliance with the EPA's HD CO
                        <E T="52">2</E>
                         emission standards. However, we are retaining these provisions in this final action for NHTSA's fuel efficiency program. While the EPA would not be administering any production or in-use testing for GHG emissions, NHTSA references 40 CFR 1037.301 through 1037.320 which include audit procedures for inputs to the GEM, tractor aerodynamic testing, powertrain testing, and axle and transmission testing, and also references 40 CFR 1037.401 for in-use testing provisions.
                        <PRTPAGE P="7752"/>
                    </P>
                    <P>
                        We proposed to remove 40 CFR part 1037, subpart F, in its entirety because it included the testing and modeling provisions necessary to certify HD vehicles to the CO
                        <E T="52">2</E>
                         emission standards. The provisions in 40 CFR 1037.501 through 1037.570 include procedures for vehicle-based duty cycles for measuring CO
                        <E T="52">2</E>
                         emissions, aerodynamic testing, powertrain component testing, testing with hybrid power take-off units, and the use of GEM. We are retaining all of 40 CFR part 1037, subpart F because these test procedures are referred to by NHTSA in 49 CFR part 535. We are retaining the existing text for most sections of 40 CFR part 1037, subpart F, but we are finalizing some targeted revisions to 40 CFR 1037.501, 1037.520, 1037.540, 1037.551, and 1037.555 to replace references to CO
                        <E T="52">2</E>
                         standards with references to NHTSA's fuel consumptions standards. In 40 CFR 1037.560, 1037.565, and 1037.570, we are removing references to “critical emission-related maintenance” which only applies for the EPA. Since the NHTSA regulations currently refer to 40 CFR 1037.550, which the EPA removed in a previous rule when the powertrain test procedure was migrated to 40 CFR 1036.545 (89 FR 29616 April 22, 2024), we are restoring 40 CFR 1037.550 for NHTSA with a single sentence that directs readers to the correct 40 CFR 1036.545 for the powertrain test procedure.
                    </P>
                    <P>We proposed to remove several sections of 40 CFR part 1037, subpart G, relating to special compliance provisions for the HD vehicle GHG emission standards. However, we are retaining all of the provisions required for the implementation of NHTSA's fuel efficiency program in 49 CFR part 535. These sections include provisions related to off-cycle technologies, advanced technologies, special purpose tractors, variable vehicle speed limiters, and idle reduction technologies. We are removing as proposed 1037.645, 1037.665, and 1037.670, which are not referenced by NHTSA.</P>
                    <P>We received a comment on 40 CFR 1037.605, in 40 CFR part 1037, subpart G, which allows manufacturers to use nonroad-certified engines in certain specialty highway vehicles. While we proposed to remove the vehicle labeling requirements in 40 CFR 1037.605(d), we did not propose any changes to paragraphs (a) through (c), which specify how the provisions apply for vehicle manufacturers using this allowance. The existing provisions apply for up to 200 all-terrain vehicles with specific axles, amphibious vehicles, and low speed vehicles. Through MY 2027, the provisions also apply for up to 1,000 vehicles with a hybrid powertrain where the engine provides energy only for the RESS. The commenter suggested that the EPA extend the hybrid provision beyond MY 2027 to allow the manufacturer to make a small number of hybrid fire trucks per year. The commenter cited compliance challenges associated with obtaining a highway-certified hybrid and that the existing hybrid sunset date was based on an expected increasing prevalence of HD hybrid powertrains, which is not occurring. As noted, we did not propose changes to the general provisions of 40 CFR 1037.605, and, therefore, this request is outside of the scope of this action. We may consider changes to this provision in a future rulemaking.</P>
                    <P>
                        We proposed to remove 40 CFR part 1037, subpart H in its entirety. The provisions of 40 CFR 1037.701 through 1037.750 describe the averaging, banking, and trading of CO
                        <E T="52">2</E>
                         emission credits, along with associated recordkeeping and reporting requirements. We are retaining the regulatory provisions that are required by NHTSA for implementation of the fuel efficiency program. These include 40 CFR 1037.725, 1037.730, 1037.735, 1037.740, 1037.745, and 1037.755. We are removing as proposed 40 CFR 1037.705, 1037.710, 1037.715, 1037.720, and 1037.750. Throughout subpart H, we replace references to CO
                        <E T="52">2</E>
                         standards with references to NHTSA's fuel consumption standards, replace the term “emission credits” with a more generic “credits” term. Since the NHTSA regulations refer to 40 CFR 1037.745, we are retaining that section but are replacing the content with a sentence that points the reader to the equivalent credit deficit provision for NHTSA's fuel consumption credits under 49 CFR 535.7.
                    </P>
                    <P>We proposed several revisions in 40 CFR part 1037, subpart I, to remove the GHG-specific definitions from 40 CFR 1037.801, and symbols, abbreviations, and acronyms from 40 CFR 1037.805. We also proposed to remove 40 CFR 1037.810, which includes materials incorporated by reference to support testing to demonstrate compliance with the HD vehicle GHG standards. This includes, but is not limited to, the GEM model and test procedures for measuring the rolling resistance of tires, tire revolutions per mile, and aerodynamics using coastdown, wind tunnel, and computational fluid dynamics. We are, however, retaining nearly all of subpart I in 40 CFR part 1037 because they are required to support NHTSA's 49 CFR part 535 regulations. We are removing the definition of “Phase 3” and revising the definitions of “Phase 1” and “Phase 2” to replace references to EPA standards with NHTSA's fuel consumption standards. As noted in section VII.C.2 of this preamble, we are also revising the definition of “we (us, our)” to include NHTSA for any regulations we are retaining related to fuel consumption standards. In Table 1 to paragraph (a) of 40 CFR 1037.805, we are removing the chemical species methane and nitrous oxide, which are GHG emissions used only by EPA regulations. In 40 CFR 1037.810, we are updating as needed references to regulatory sections or paragraphs that have been removed or changed in this final action.</P>
                    <P>Lastly, we proposed to remove all appendices to 40 CFR part 1037. Appendices A, B, and D include the test cycles related to HD vehicle GHG standards. Appendix C includes the emission control identifiers for GHG emission labels. Appendix E includes the power take-off unit utility factors applied in GHG-specific test procedures. We are retaining all of the existing appendices in 40 CFR part 1037 because they are required to support NHTSA's 49 CFR part 535 regulations.</P>
                    <HD SOURCE="HD3">c. Relationship Between the EPA's GHG and NHTSA's Fuel Efficiency Medium- and Heavy-Duty Programs</HD>
                    <P>The current certification and compliance process as relevant for NHTSA is as follows, separately for HD engines and HD vehicles:</P>
                    <P>1. Manufacturers submit fuel consumption data to the EPA using the EPA's electronic certification system following EPA test procedures included in 40 CFR parts 1036 and 1037;</P>
                    <P>2. The EPA issues certificates of conformity to the manufacturers;</P>
                    <P>3. Before and during the MY, the EPA sends the fuel consumption data and associated information to NHTSA;</P>
                    <P>4. After the MY, the EPA analyzes end-of-year reports submitted to the EPA by manufacturers for compliance and shares the fuel consumption data with NHTSA; and</P>
                    <P>5. NHTSA manages its compliance process related to the fuel consumption standards.</P>
                    <P>
                        We proposed to remove 40 CFR 1036.755 and 1037.755, which describe the information the EPA provides to the Department of Transportation related to HD engine and vehicle fuel consumption. We noted that NHTSA's reporting and recordkeeping regulation in 49 CFR 535.8(a)(6) directs manufacturers to submit information to the EPA. 49 CFR 535.8(a)(6) also provides direction to manufacturers in instances where the EPA does not have an electronic pathway to receive the 
                        <PRTPAGE P="7753"/>
                        information, to send it through an electronic portal identified by NHTSA, through the NHTSA CAFE database, or to send hardcopy documents to the address provided in the regulations. We requested comment on the time required to transition from manufacturers supplying data to the EPA to supplying the data directly to NHTSA.
                    </P>
                    <P>
                        Manufacturers and other commenters suggested that the EPA retain some or all of its GHG regulations until NHTSA is able to revise 49 CFR part 535 to independently implement their fuel efficiency program. After considering comments, we are removing as proposed the EPA GHG 
                        <E T="03">standards</E>
                         in 40 CFR 1036.108, 1037.105, and 1037.106 and other provisions in 40 CFR parts 1036 and 1037 that only apply for the EPA. However, to ensure NHTSA's fuel efficiency program remains implementable in the near-term, we are retaining the EPA regulations in 40 CFR parts 1036 and 1037 that NHTSA references, including the provisions where manufacturers submit data to the EPA.
                    </P>
                    <P>Therefore, much of the current certification and compliance process outlined above will remain the same. At this time, the EPA intends to continue to maintain its Engines and Vehicles Compliance Information System (EV-CIS) and manufacturers will continue to have an EPA Designated Compliance Officer for submitting information regarding NHTSA's fuel efficiency program. However, we note that the EPA would not grant approvals related to special compliance provisions, issue EPA certificates of conformity for GHG emissions, or analyze end of year reports for compliance with the GHG emission standards. Furthermore, the EPA will perform confirmatory testing, in-use testing, or selective enforcement audits only in relation to the EPA criteria pollutant program. We note that vehicle manufacturers will continue to have access to the GEM Phase 2, Version 4.0 that is incorporated by reference in 40 CFR 1037.810 and currently available on the EPA's website. If NHTSA updates their regulations and is prepared to accept the manufacturers' data and information directly, then the EPA would consider a separate rulemaking to remove the remaining provisions related to the NHTSA fuel efficiency program, including the EPA's data collection responsibilities.</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">http://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 14094: Modernizing Regulatory Review</HD>
                    <P>
                        This is an economically significant regulatory action that was submitted to OMB for review. Any changes made have been documented in the docket. The EPA has prepared an RIA for this action to project impacts as required by E.O. 12866, and it can be found in the docket.
                        <SU>220</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>220</SU>
                             “Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act: Regulatory Impact Analysis.” EPA-420-R-26-002. February 2026.
                        </P>
                    </FTNT>
                    <P>As we stated in the proposal, the EPA has not relied upon any aspect of the draft RIA or this final RIA as justification for this rulemaking. Some commenters suggested that the benefit-cost assessments provided in the draft RIA do not justify repealing the prior standards. However, the EPA is repealing the GHG emission standards for LD vehicles, MD vehicles, HD vehicles, and HD engines consistent with the discussion of legal authority in this preamble, and the EPA is not relying upon the CAA section 202(a) factors for standard-setting in this final action. For this final action, we have conducted benefit-cost assessments pursuant to E.O. 12866, but we recognize that there are costs and benefits that we are currently unable to fully quantify and monetize.</P>
                    <P>
                        Commenters also stated that the EPA should have included an assessment of air quality and climate impacts from removing the motor vehicle and engine GHG standards. For this final action, the EPA performed modeling to estimate changes in criteria pollutants, air toxics, and GHG emissions. The projected emissions changes can be found in a memorandum in the docket for this action.
                        <SU>221</SU>
                        <FTREF/>
                         The EPA also performed climate impacts modeling for this final action, which is documented in a memorandum in the docket for this action.
                        <SU>222</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>221</SU>
                             See Memorandum to Docket EPA-HQ-OAR-2025-0194. “Projected Criteria, Air Toxics, and GHG Emissions Impacts for the “Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act” Final Rule.”
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>222</SU>
                             See Memorandum to Docket EPA-HQ-OAR-2025-0194. “Temperature, CO
                            <E T="52">2</E>
                             Concentration, and Sea Level Rise Impacts of Greenhouse Gas Emissions from U.S. Motor Vehicles.”
                        </P>
                    </FTNT>
                    <P>
                        The analyses provided in the RIA have been revised since the rule was proposed to reflect a number of considerations, including some elements highlighted by commenters. The analyses rely on updated versions of the models used to analyze the impacts of the proposal, which were based on the models and tools used to estimate impacts of the light- and medium-duty, and the heavy-duty rules finalized by the EPA in 2024.
                        <SU>223</SU>
                        <FTREF/>
                         A number of the updates made to the analysis, including in response to comments, are discussed below. For more information on updates to the analyses, see the RIA. For more information on the comments we received on the analysis in the proposal, as well as our responses, see the Response to Comments document. In addition to the changes noted in the following paragraphs, we updated the costs and benefits from 2022 dollars to 2024 dollars.
                    </P>
                    <FTNT>
                        <P>
                            <SU>223</SU>
                             See “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles: Regulatory Impact Analysis”, EPA-420-R-24-004, March 2024; and “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles: Phase 3: Regulatory Impact Analysis, EPA-420-R-24-06, March 2024.
                        </P>
                    </FTNT>
                    <P>We received comments that the approach used in the EPA's OMEGA modeling of GHG standards for the proposed rule did not appropriately capture removing all GHG standards for LD and MD vehicles. Commenters stated that instead of extending the MY 2026 GHG standards into MYs 2027 and beyond, a more appropriate modeling approach would be to model no GHG standards at all, and to allow the OMEGA model to apply less emissions control technology to vehicles in each MY than in the prior MY (backsliding). For the analysis of this final action, we revised the OMEGA modeling assumptions to simulate the removal of all GHG standards for LD and MD vehicles, and revised the OMEGA model's run settings to allow backsliding.</P>
                    <P>
                        Some commenters raised concerns that the 2024 GHG Emission Standards Rules relied on IRA tax credits and noted that Congress subsequently eliminated or modified these tax credits in the OBBB. We agree that our modeling should reflect the actions signed into law in the OBBB. For the proposal, our modeling assumed all pertinent tax credits were removed. For this final analysis, we revised our analyses to align with the OBBB by removing the credits for purchasing (26 U.S.C. 30D) and leasing (26 U.S.C. 45W) LD and MD BEVs; removing the vehicle purchase tax credits (26 U.S.C. 45W) for HD BEVs and HD FCEVs; removing the tax credit for electric vehicle supply equipment (EVSE) installation (26 U.S.C. 30C) for HD BEVs; and adjusting the phase-out of the advanced manufacturing production credit (26 U.S.C. 45X).
                        <PRTPAGE P="7754"/>
                    </P>
                    <P>We received comments suggesting that the Agency's baseline assumptions for future HD EV market penetration were inflated due to California's Advanced Clean Truck (ACT) regulation. Congress disapproved the EPA's waiver for the ACT rule under the CRA. We agree with the commenters that our modeling should reflect Congress' decision regarding the EPA waiver for the ACT regulation and therefore we have completely removed California's ACT regulation from the modeling for the final action analysis.</P>
                    <P>We received conflicting comments related to consumer interest in EVs. Some stated that EV market share is and will be lower in the future than the EPA estimated in the 2024 GHG Emission Standards Rules and in the proposal. The main reasons cited by commenters were the passage of the OBBB and subsequent removal of IRA purchase and leasing tax credits leading to higher cost for consumers, the CRA resolution nullifying California's CAA preemption waiver for the Advanced Clean Cars (ACC) II regulation leading to decreased demand, and slower charging infrastructure development than estimated in the 2024 GHG Emission Standards Rules. On the other hand, some commenters stated that consumer demand for EVs is strong and growing, that states continue to provide incentives for EV purchases, and that there are continued strong investments in EV charging networks. After consideration of the comments, our assessment is that there is a reduced consumer interest in purchasing EVs overall. Therefore, we lowered the BEV acceptance parameter values in our modeling of this final action from those presented in the proposal.</P>
                    <P>Some commenters criticized the EPA's analysis in the DRIA for including a scenario that they characterized as using arbitrarily low fuel prices, citing the scenario with gasoline prices set at $1 and $0.25 per gallon less than the Energy Information Administration's (EIA) Annual Energy Outlook (AEO) 2023 Reference case for gasoline and diesel, respectively. Commenters stated that EIA's AEO 2025 projections included an Alternative Transportation case that reflects many of the changes that are occurring in the transportation sector, including the removal of California's ACT, the EPA's 2024 GHG Emission Standards Rules, and NHTSA's 2024 final rule for CAFE standards for MYs 2027-2032, as well as assuming a slower growth for IRA credit eligibility than assumed in the AEO 2025 Reference case. We agree that the Alternative Transportation case energy prices are appropriate to use in our modeling for the case where the standards are removed, and we included it in our modeling for the final action. We also have revised the low gasoline and diesel price scenario; instead of using a $1 or $0.25 per gallon across-the-board decrease, we use prices from the Low Oil Price case presented in AEO 2025. In summary, the modeling we conducted for the final action includes future gasoline, diesel, electricity, and hydrogen prices that reflect EIA's AEO 2025 projections of the Reference, Alternative Transportation, and Low Oil Price cases.</P>
                    <P>In the RIA, the EPA presents results from four scenarios using the same analytical methods the EPA used in the 2024 GHG Emission Standards Rules that project the costs and benefits from removing the GHG standards for LD, MD and HD vehicles and HD engines. The results of these scenarios are summarized in Table 13 and Table 14. Except as noted this section VIII.A, and as discussed in the RIA, the models, assumptions and inputs are the same as those used in the 2024 RIAs.</P>
                    <P>The first scenario (A1) includes the revisions noted above, including the use of AEO 2025 Reference case fuel prices for the modeling of the no action case where the GHG standards remain in place, and the AEO 2025 Alternative Transportation fuel prices for modeling the action case where the GHG standards are removed. Recognizing the uncertainties related to projecting future gasoline and diesel prices, the second scenario (A2) considers the impacts under lower fuel prices, and uses AEO 2025's Low Oil Price case.</P>
                    <P>In the NPRM, the EPA presented two scenarios accounting for only the first two and a half years of fuel savings in estimating the net monetized impact of removing the GHG emission standards. Commenters suggested the Agency's adjustment was arbitrary and unsupported. Some commenters stated that the savings that accrue after the first two and a half years are a real-world benefit to consumers and society and therefore should be included in the benefit-cost assessment. Other commenters stated that the EPA should account for more than the first two and a half years of fuel savings but should not account for the full lifetime of fuel savings. The Agency also received comments that the approach of only including the first two and a half years of fuel savings was specifically not appropriate to apply to HD vehicles because they are for-profit businesses that account for fuel and maintenance savings when making purchasing decisions. For the final action, we continue to present results representing both a full lifetime of fuel savings (scenarios A1 and A2) and only the first two and a half years of fuel savings. The third (A3) and fourth (A4) scenarios build on the first and second scenarios respectively, accounting for only the first two and a half years of fuel savings in estimating the net monetized impacts of this action. The EPA believes the presented results provide reasonable bounds for the impact of fuel savings on the net monetized impacts of this action. Table 13 and Table 14 show the net present value of the monetized savings, costs, and net savings of the four scenarios presented at 7 and 3 percent discount rates, respectively.</P>
                    <GPH SPAN="3" DEEP="187">
                        <PRTPAGE P="7755"/>
                        <GID>ER18FE26.015</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="188">
                        <GID>ER18FE26.016</GID>
                    </GPH>
                    <P>In Tables 15 and 16 we provide the estimated cost savings per vehicle at a seven percent net present value and a three percent net present value. As shown in the tables, the EPA's modeling projects this rule to result in about 469 million new combined LD, MD, and HD vehicle sales over the 2027 to 2055 time period under Scenarios A1 and A3, and about 472 million new combined LD, MD, and HD vehicle sales under Scenarios A2 and A4. With the estimated $730 billion reduction in vehicle technology cost at a seven percent discount rate, we estimate this action will result in an average cost reduction of $1,550 per vehicle under Scenarios A1 and A3. Under Scenarios A2 and A4 at a seven percent discount rate, the reduction in vehicle technology cost of about $750 billion are estimated to result in an average cost reduction of $1,600 per vehicle. With the estimated $1.09 trillion reduction in vehicle technology cost at a three percent discount rate for Scenarios A1 and A3, we estimate this action will result in an average cost reduction of $2,330 per vehicle. Under Scenarios A2 and A4 at a seven percent discount rate, the reduction in vehicle technology cost of about $1.14 trillion at a three percent discount rate are estimated to result in an average cost reduction of $2,420 per vehicle.</P>
                    <GPH SPAN="3" DEEP="221">
                        <PRTPAGE P="7756"/>
                        <GID>ER18FE26.017</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="209">
                        <GID>ER18FE26.018</GID>
                    </GPH>
                    <P>
                        Table 17 provides the GHG emission impacts in calendar year (CY) 2055 by emission source due to this action. For motor vehicles, total GHG emissions increase by 410 million metric tons (MMT) in carbon dioxide equivalent (CO
                        <E T="52">2</E>
                        <E T="03">e</E>
                        ). Table 18 provides the cumulative GHG emissions impact from CY 2027 through CY 2055. The total GHG emissions are estimated to increase by 8,300 MMT CO
                        <E T="52">2</E>
                        <E T="03">e.</E>
                    </P>
                    <GPH SPAN="3" DEEP="91">
                        <GID>ER18FE26.019</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="91">
                        <PRTPAGE P="7757"/>
                        <GID>ER18FE26.020</GID>
                    </GPH>
                    <P>
                        The EPA discussed air pollutants not being directly impacted by this rule (
                        <E T="03">i.e.,</E>
                         criteria pollutants and hazardous air pollutants) within other documents within the docket. The EPA is obligated to ensure the public is not misled regarding the level of scientific understanding and the implications of that science when developing policies and regulations. Historically, however, the EPA's analytical practices often provided the public with false precision and confidence regarding the monetized impacts of fine particulate matter (PM
                        <E T="52">2.5</E>
                        ) and ozone than the underlying science could fully support, especially as overall emissions have significantly decreased and impacts have become more uncertain. The EPA's use of benefit per ton (BPT) monetized values introduces additional uncertainty. Although intended as a screening tool when full-form photochemical modeling was not feasible, the BPT approach reduces complex spatial and atmospheric relationships into an average value per ton, which magnifies uncertainty in the resulting monetized estimates. Examples of uncertainties include but are not limited to epidemiological uncertainty (
                        <E T="03">e.g.,</E>
                         concentration-response functions); economic factors (
                        <E T="03">e.g.,</E>
                         discount rates, income growth, willingness-to-pay to avoid mortality risk); and methodological assumptions (
                        <E T="03">e.g.,</E>
                         health thresholds, linear relationships, spatial relationships).
                    </P>
                    <P>
                        Despite these uncertainties, the EPA historically provided point estimates instead of just ranges or only quantifying emissions, which leads the public to believe the Agency has a better understanding of the monetized impacts of exposure to PM
                        <E T="52">2.5</E>
                         and ozone than it does in reality. Therefore, to rectify this error, the EPA is no longer monetizing benefits from PM
                        <E T="52">2.5</E>
                         and ozone but will continue to quantify the emissions until the Agency is confident enough in the modeling to properly monetize those impacts.
                    </P>
                    <HD SOURCE="HD2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</HD>
                    <P>
                        This action is an E.O. 14192 deregulatory action. For E.O. 14192 regulatory accounting, the estimated present value and annualized value of the cost savings of this action are $769 billion and $54 billion, respectively (7 percent discount rate, 2024 dollars, 2024 present value year, perpetuity time horizon).
                        <SU>224</SU>
                        <FTREF/>
                         OMB's guidance on implementing E.O. 14192 (M-25-20) requires that estimates of costs or cost savings cover the full duration of the expected effects of the action. In some cases, that may require projecting costs or cost savings beyond the standard analytic time horizon. For this action, the EPA extrapolates the stream of cost savings based on the final year of the modeling as a proxy for the long-run effects of this action on the vehicle fleet. A summary of the projected cost savings can be found in the RIA.
                    </P>
                    <FTNT>
                        <P>
                            <SU>224</SU>
                             The supporting documentation on how these values were estimates can be found in the Vehicle Rule FRM E.O. 14192 Workbook.xlsx file found in the docket for this action.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">C. Paperwork Reduction Act (PRA)</HD>
                    <P>The information collection activities in this action have been submitted for approval OMB under the PRA. The Information Collection Requests (ICR) that the EPA prepared have been assigned numbers as indicated below. You can find a copy of the Supporting Statements in the docket for this action, and they are briefly summarized here.</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. The OMB control numbers for the EPA's regulations in Title 40 of the CFR are listed in 40 CFR part 9. When OMB approves this ICR, the Agency will announce that approval in the 
                        <E T="04">Federal Register</E>
                         and publish a technical amendment to 40 CFR part 9 to display the OMB control number for the approved information collection activities contained in this final action.
                    </P>
                    <HD SOURCE="HD3">1. 2024 LD and MD Multi-Pollutant Emission Standards Rule</HD>
                    <P>The ICR document prepared by the EPA for removal of the light- and medium-duty vehicle GHG requirements has been assigned EPA ICR 2750.03, revising EPA ICR 2750.02 (OMB 2060-0764). You can find a copy of the ICR in the docket for this action and it is briefly summarized here. The information collection requirements are not enforceable until OMB approves them.</P>
                    <P>The EPA is removing all regulations that require light- and medium-duty vehicle manufacturers to measure, report, or comply with standards for GHG emissions. Information collected to assure compliance with those requirements is no longer needed under this final action. All other requirements covered by 2750.02 remain in effect.</P>
                    <P>
                        <E T="03">Respondents/affected entities:</E>
                         Light- and medium-duty vehicle manufacturers, alternative fuel converters, and independent commercial importers.
                    </P>
                    <P>
                        <E T="03">Respondent's obligation to respond:</E>
                         This action relieves manufacturers of the burden to provide certain information to the EPA as part of their annual MY vehicle certification under CAA section 208(a), which is required prior to entering vehicles into commerce. Participation in some programs is voluntary; but once a manufacturer has elected to participate, it must submit the required information.
                    </P>
                    <P>
                        <E T="03">Estimated number of respondents:</E>
                         35 affected entities.
                    </P>
                    <P>
                        <E T="03">Frequency of response:</E>
                         Annually or on occasion, depending on the type of response.
                    </P>
                    <P>
                        <E T="03">Revised total estimated burden:</E>
                         138,443 hours (per year) for remaining regulatory requirements covered by this ICR. Burden is defined at 5 CFR 1320.3(b).
                    </P>
                    <P>
                        <E T="03">Revised total estimated cost:</E>
                         $26.3 million per year for remaining regulatory requirements covered by this ICR, which includes an estimated $14.2 million annualized capital or operation and maintenance costs.
                    </P>
                    <HD SOURCE="HD3">2. 2024 HD GHG Emission Standards Rule</HD>
                    <P>
                        The ICR document prepared by the EPA for removal of the 2024 HD GHG Emission Standards Rule requirements has been assigned EPA ICR 2734.03, revising EPA ICR 2734.02 (OMB 2060-0753). You can find a copy of the ICR in the docket for this action and it is briefly summarized here. The information collection requirements are 
                        <PRTPAGE P="7758"/>
                        not enforceable until OMB approves them.
                    </P>
                    <P>The EPA is removing all regulations that require HD motor vehicle and HD motor vehicle engine manufacturers to measure, report, or comply with the 2024 HD GHG Emission Standards Rule standards. Information collected to assure compliance with those requirements is no longer needed under this final action.</P>
                    <P>
                        <E T="03">Respondents/affected entities:</E>
                         Manufacturers of HD onroad vehicles.
                    </P>
                    <P>
                        <E T="03">Respondent's obligation to respond:</E>
                         This action relieves manufacturers of the burden to provide certain information to the EPA as part of their annual MY engine and vehicle certification under CAA section 203(a), which is required prior to entering vehicles into commerce.
                    </P>
                    <P>
                        <E T="03">Estimated number of respondents:</E>
                         77 affected entities.
                    </P>
                    <P>
                        <E T="03">Frequency of response:</E>
                         Originally expected to be one-time burden; now, no requirement to report.
                    </P>
                    <P>
                        <E T="03">Revised total estimated burden:</E>
                         0 hours. Burden is defined at 5 CFR 1320.03(b).
                    </P>
                    <P>
                        <E T="03">Revised total estimated cost:</E>
                         $0.
                    </P>
                    <HD SOURCE="HD3">3. Nonroad Compression-Ignition Engines and On-Highway Heavy-Duty Engines, Supporting Statement for Information Collection Request (March 2023 Revision)</HD>
                    <P>We are not acting on the proposed changes to this ICR document to ensure this ICR will continue to cover the information collection necessary to implement NHTSA's MD and HD fuel efficiency program. The proposed changes to the ICR document can be found at EPA ICR 1684.22, revising EPA ICR 1684.21 (OMB 2060-0287).</P>
                    <P>The EPA is not acting on these revisions as they are no longer needed. As explained elsewhere in this preamble, in this final action we are not changing elements of the regulations that are necessary for programs unrelated to the GHG emission standards, including emission standards for criteria pollutants. We also are retaining most of the regulatory provisions cited by NHTSA for the administration of their fuel efficiency standards included in 49 CFR part 535. This includes the provisions that require manufacturers to submit their compliance data and information to the EPA and we will then issue a report to NHTSA with the information. However, we note that the EPA would no longer issue EPA certificates of conformity for GHG emissions.</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. In making this determination, the EPA concludes that the impact of concern for this action is any significant adverse economic impact on small entities, and that the Agency is certifying that this action will not have a significant economic impact on a substantial number of small entities because the action relieves regulatory burden on the small entities subject to the action.</P>
                    <P>The regulated entities that are subject to the regulations we are removing in this action are engine and vehicle manufacturers, alternative fuel converters, and independent commercial importers subject to GHG emission standards for vehicles. The Agency is certifying that this action will not have a significant economic impact on a substantial number of small entities because the action will relieve regulatory burden on all entities, including all small entities, subject to the current rules. This action removes portions of the regulations of the standard-setting parts directly related to GHG emission standards and compliance provisions for implementing the EPA's GHG engine and vehicle programs. We do not anticipate that there will be any significant adverse economic impact on directly regulated small entities as a result of these revisions. We have therefore concluded that this action will relieve regulatory burden for all directly regulated small entities. The EPA provides additional information on the RFA in chapter 7 of the RIA and in the Response to Comments for this final action.</P>
                    <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. 1531-38, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or Tribal governments, and relieves duties with respect to the private sector.</P>
                    <HD SOURCE="HD2">F. Executive Order 13132: Federalism</HD>
                    <P>This action does not have federalism implications as specified in E.O. 13132. It does 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 E.O. 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, Nov. 9, 2000). It does not have substantial direct effects on Tribal governments, 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, as specified in E.O. 13175. Thus, E.O. 13175 does not apply to this action.</P>
                    <P>However, consistent with the EPA Policy on Consultation with Indian Tribes, the EPA initiated a Tribal consultation and coordination process after proposing this action by sending a “Notification of Consultation and Coordination” letter, dated July 29, 2025, to all 574 Federally recognized Tribes. The letter invited Tribal leaders and designated consultation representatives to participate in the Tribal consultation and coordination process. The Nez Perce Nation, Confederated Tribes of Grand Ronde, Snoqualmie Tribe, and Pueblo of San Felipe requested to consult with the EPA. The EPA consulted with officials of these Tribes to permit meaningful and timely input during the development of this action. A summary of that consultation is provided in the Response to Comments document for this final action.</P>
                    <HD SOURCE="HD2">H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks</HD>
                    <P>
                        E.O. 13045 directs Federal agencies to include an evaluation of the health and safety effects of the planned regulation on children in Federal health and safety standards and explain why the regulation is preferable to potentially effective and reasonably feasible alternatives. This action is subject to the E.O. because it is an economically significant regulatory action under E.O. 12866, and the EPA believes the environmental health or safety risks may have a disproportionate effect on children, although as explained in the preamble eliminating all GHG emissions from all vehicles would have a 
                        <E T="03">de minimis</E>
                         impact on public health or welfare. The 2021 Policy on Children's Health also applies to this action.
                        <SU>225</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>225</SU>
                             U.S. Environmental Protection Agency. (2021). 2021 Policy on Children's Health: 
                            <E T="03">https://www.epa.gov/system/files/documents/2021-10/2021-policy-on-childrens-health.pdf.</E>
                        </P>
                    </FTNT>
                    <PRTPAGE P="7759"/>
                    <P>Although the GHG emissions at issue in this rulemaking do not have direct impacts on human health, we acknowledge the possibility that this action could impact emissions of criteria pollutants and air toxics. Children are not expected to experience greater ambient concentrations of air pollutants than the general population. Additionally, as discussed in the preamble, there are safety benefits from this final action that would benefit children as they are more susceptible to grievous injuries from less safe motor vehicles.</P>
                    <P>We note that, as explained above, this action would not impact separate emission standards for criteria pollutants by the EPA or separate standards set by NHTSA. At this time, the EPA does not believe that the action would have a material adverse impact on the health of individuals with respect to non-GHG air pollutants, including on children, because the EPA anticipates that the impacts of repealing GHG emission regulations would have only marginal and incidental impacts on the emission of non-GHG air pollutants. Potential health impacts of such air pollutants will continue to be controlled through direct emissions limits and several other programs that target regional and national air quality, including the NAAQS program.</P>
                    <HD SOURCE="HD2">I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</HD>
                    <P>This action, which is a significant regulatory action under E.O. 12866, would have a significant effect on the supply, distribution or use of energy. The EPA has prepared a Statement of Energy Effects for this action as follows.</P>
                    <P>This action removes the GHG emission standards and related compliance provisions for light-, medium-, and heavy-duty engines and vehicles. This action will result in fewer electric vehicles and more ICE vehicles produced, as discussed in the RIA, and therefore an estimated increase in the consumption of petroleum and an estimated reduction in the consumption of electricity.</P>
                    <HD SOURCE="HD2">J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51</HD>
                    <P>This action involves technical standards. However, the changes to the regulation include removing GHG emission standards and the corresponding measurement and compliance procedures, some of which also involve removing existing references to voluntary consensus standards and other technical standards. This action does not include any new requirements or new references to technical standards.</P>
                    <P>The following standards appear in the amendatory text of this document and were previously approved for the locations in which they appear: 13 CCR 1968.2, 13 CCR 1971.1, ASTM D1945, SAE J1711 FEB2023, SAE J1979-2, GEM version 2.0.1, GEM Phase 2, Version 3.0, GEM Phase 2, Version 3.5.1, GEM Phase 2, Version 4.0, GEM HIL model 3.8.</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 meets the criteria set forth in 5 U.S.C. 804(2).</P>
                    <LSTSUB>
                        <HD SOURCE="HED">List of Subjects</HD>
                        <CFR>40 CFR Part 85</CFR>
                        <P>Confidential business information, Greenhouse gases, Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Research warranties.</P>
                        <CFR>40 CFR Part 86</CFR>
                        <P>Environmental protection, Administrative practice and procedure, Confidential business information, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements.</P>
                        <CFR>40 CFR Part 600</CFR>
                        <P>Environmental protection, Administrative practice and procedure, Electric power, Fuel economy, Greenhouse gases, Incorporation by reference, Labeling, Reporting and recordkeeping requirements.</P>
                        <CFR>40 CFR Part 1036</CFR>
                        <P>Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Greenhouse gases, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties.</P>
                        <CFR>40 CFR Part 1037</CFR>
                        <P>Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties.</P>
                        <CFR>40 CFR Part 1039</CFR>
                        <P>Administrative practice and procedure, Air pollution control, Confidential business information, Imports, Labeling, Penalties, Reporting and recordkeeping requirements, Warranties.</P>
                    </LSTSUB>
                    <SIG>
                        <NAME>Lee Zeldin,</NAME>
                        <TITLE>Administrator.</TITLE>
                    </SIG>
                    <P>For the reasons set out in the preamble, we are amending title 40, chapter I of the Code of Federal Regulations as set forth below.</P>
                    <PART>
                        <HD SOURCE="HED">PART 85—CONTROL OF AIR POLLUTION FROM MOBILE SOURCES</HD>
                    </PART>
                    <REGTEXT TITLE="40" PART="85">
                        <AMDPAR>1. The authority citation for part 85 continues to read as follows:</AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority:</HD>
                            <P> 42 U.S.C. 7401-7671q.</P>
                        </AUTH>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 85.525 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="85">
                        <AMDPAR>2. Amend § 85.525 by removing and reserving paragraph (b).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="85">
                        <AMDPAR>3. Amend § 85.1515 by revising paragraph (d) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 85.1515 </SECTNO>
                            <SUBJECT>Emission standards and test procedures applicable to imported nonconforming motor vehicles and motor vehicle engines.</SUBJECT>
                            <STARS/>
                            <P>(d) An ICI may not certify using nonconformance penalties.</P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 85.1803 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="85">
                        <AMDPAR>4. Amend § 85.1803 by removing paragraph (e).</AMDPAR>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 85.1805 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="85">
                        <AMDPAR>5. Amend § 85.1805 by removing and reserving paragraph (b).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="85">
                        <AMDPAR>6. Amend § 86.1902 by removing and reserving paragraph (b)(2) and revising paragraph (d). The revision reads as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 85.1902 </SECTNO>
                            <SUBJECT>Definitions.</SUBJECT>
                            <STARS/>
                            <P>
                                (d) 
                                <E T="03">Voluntary emissions recall</E>
                                 means a repair, adjustment, or modification program voluntarily initiated and conducted by a manufacturer to remedy any emission-related defect for which direct notification of vehicle or engine owners has been provided.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="85">
                        <AMDPAR>7. Amend § 85.2103 by revising paragraph (d)(1)(v) and removing paragraph (d)(3). The revision reads as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 85.2103 </SECTNO>
                            <SUBJECT>Emission warranty.</SUBJECT>
                            <STARS/>
                            <P>(d) * * *</P>
                            <P>(1) * * *</P>
                            <P>
                                (v) Batteries serving as a Renewable Energy Storage System for electric vehicles and plug-in hybrid electric vehicles, along with all components needed to charge the system, store energy, and transmit power to move the 
                                <PRTPAGE P="7760"/>
                                vehicle. This paragraph (d)(1)(v) is optional before model year 2027 for light-duty vehicles and light-duty trucks at or below 6,000 pounds GVWR. This paragraph (d)(1)(v) is optional for vehicles above 6,000 pounds GVWR until they are first certified to Tier 4 NMOG+NO
                                <E T="52">X</E>
                                 bin standards under 40 CFR 86.1811-27(b), not later than model year 2031.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <PART>
                        <HD SOURCE="HED">PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES</HD>
                    </PART>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>8. The authority citation for part 86 continues to read as follows:</AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority: </HD>
                            <P>42 U.S.C. 7401-7671q.</P>
                        </AUTH>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 86.1 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>9. Amend § 86.1 by removing and reserving paragraphs (c)(2) and (3) and (f)(3), (17), (21), and (22) and removing paragraph (h). </AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>10. Amend § 86.007-11 by revising paragraphs (g)(1) and (6) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.007-11 </SECTNO>
                            <SUBJECT>Emission standards and supplemental requirements for 2007 and later model year diesel heavy-duty engines and vehicles.</SUBJECT>
                            <STARS/>
                            <P>(g) * * *</P>
                            <P>(1) The engines must be of a configuration that is identical to one that is certified under 40 CFR part 1039, and must be certified with a Family Emission Limit for PM of 0.020 g/kW-hr using the same duty cycles that apply under 40 CFR part 1039.</P>
                            <STARS/>
                            <P>(6) Engines certified under this paragraph (g) may not generate or use emission credits under this part or under 40 CFR part 1039.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>11. Amend § 86.008-10 by revising paragraph (g)(6) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.008-10 </SECTNO>
                            <SUBJECT>Emission standards for 2008 and later model year Otto-cycle heavy-duty engines and vehicles.</SUBJECT>
                            <STARS/>
                            <P>(g) * * *</P>
                            <P>(6) Engines certified under this paragraph (g) may not generate or use emission credits under this part.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>12. Amend § 86.1801-12 by:</AMDPAR>
                        <AMDPAR>a. Removing and reserving paragraph (a)(2)(ii)(B);</AMDPAR>
                        <AMDPAR>b. Revising paragraphs (a)(3), (b), and (i); and</AMDPAR>
                        <AMDPAR>c. Removing paragraphs (j) and (k).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 86.1801-12 </SECTNO>
                            <SUBJECT>Applicability.</SUBJECT>
                            <P>(a) * * *</P>
                            <P>(3) The provisions of this subpart do not apply to heavy-duty vehicles above 14,000 pounds GVWR (see § 86.016-1 and 40 CFR parts 1036 and 1037), except as follows:</P>
                            <P>(i) Heavy-duty vehicles above 14,000 pounds GVWR and at or below 19,500 pounds GVWR may be optionally certified to the exhaust emission standards in this subpart if they are properly included in a test group with similar vehicles at or below 14,000 pounds GVWR. Emission standards apply to these vehicles as if they were Class 3 medium-duty vehicles.</P>
                            <P>(ii) [Reserved]</P>
                            <P>(iii) Evaporative and refueling emission standards apply for heavy-duty vehicles above 14,000 pounds GVWR as specified in 40 CFR 1037.103.</P>
                            <P>(4) If you optionally certify vehicles to standards under this subpart, those vehicles are subject to all the regulatory requirements as if the standards were mandatory.</P>
                            <P>
                                (b) 
                                <E T="03">Relationship to 40 CFR parts 1036 and 1037.</E>
                                 If any heavy-duty vehicle is not subject to standards and certification requirements under this subpart, the vehicle and its installed engine are instead subject to standards and certification requirements under 40 CFR parts 1036 and 1037, as applicable. If you optionally certify engines or vehicles to standards under 40 CFR part 1036 or 40 CFR part 1037, respectively, those engines or vehicles are subject to all the regulatory requirements in 40 CFR parts 1036 and 1037 as if they were mandatory.
                            </P>
                            <STARS/>
                            <P>
                                (i) 
                                <E T="03">Types of pollutants.</E>
                                 Criteria pollutant standards apply for NO
                                <E T="52">X,</E>
                                 NMOG, HC, formaldehyde, PM, and CO, including exhaust, evaporative, and refueling emission standards. These pollutants are sometimes described collectively as “criteria pollutants” because they are either criteria pollutants under the Clean Air Act or precursors to the criteria pollutants ozone and PM. 
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>13. Amend § 86.1803-01 by:</AMDPAR>
                        <AMDPAR>
                            a. Removing the definitions of “AC1”, “AC2”, “Air Conditioning Idle Test”, “Base level”, “Base tire”, “Base vehicle”, “Combined CO
                            <E T="52">2</E>
                            ”, “Combined CREE”, and “Configuration”;
                        </AMDPAR>
                        <AMDPAR>b. Revising the definition of “Defeat device”;</AMDPAR>
                        <AMDPAR>c. Removing and reserving paragraph (1) of the definition of “Emergency vehicle”;</AMDPAR>
                        <AMDPAR>d. Revising the definition of “Engine code”;</AMDPAR>
                        <AMDPAR>e. Removing the definition of “Footprint”, “Full size pickup truck”, “Mild hybrid electric vehicle”, “Strong hybrid electric vehicle”, “Subconfiguration”, “Track width”, and “Transmission class”; and</AMDPAR>
                        <AMDPAR>f. Adding a definition of “Work factor” in alphabetical order.</AMDPAR>
                        <P>The revisions and addition read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 86.1803-01 </SECTNO>
                            <SUBJECT>Definitions.</SUBJECT>
                            <STARS/>
                            <P>
                                <E T="03">Defeat device</E>
                                 means an auxiliary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless:
                            </P>
                            <P>(1) Such conditions are substantially included in driving cycles specified in this subpart or the fuel economy test procedures in 40 CFR part 600;</P>
                            <P>(2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident;</P>
                            <P>(3) The AECD does not go beyond the requirements of engine starting; or</P>
                            <P>(4) The AECD applies only for emergency vehicles and the need is justified in terms of preventing the vehicle from losing speed, torque, or power due to abnormal conditions of the emission control system, or in terms of preventing such abnormal conditions from occurring, during operation related to emergency response. Examples of such abnormal conditions may include excessive exhaust backpressure from an overloaded particulate trap, and running out of diesel exhaust fluid for engines that rely on urea-based selective catalytic reduction.</P>
                            <STARS/>
                            <P>
                                <E T="03">Engine code</E>
                                 means a unique combination within a test group of displacement, fuel injection (or carburetor) calibration, choke calibration, distributor calibration, auxiliary emission control devices, and other engine and emission control system components specified by the Administrator. For electric vehicles, engine code means a unique combination of manufacturer, electric traction motor, motor configuration, motor controller, and energy storage device.
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Work factor, WF, means the characteristic value representing a vehicle's work potential, calculated to the nearest pound using the following equation:</E>
                            </P>
                            <FP SOURCE="FP-2">
                                <E T="03">WF = 0.75 × (GVWR − Curb Weight + xwd) + 0.25 × (GCWR − GVWR)</E>
                            </FP>
                            <EXTRACT>
                                <FP SOURCE="FP-2">
                                    <E T="03">Where:</E>
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">xwd = 500 pounds if the vehicle has four-wheel drive or all-wheel drive; xwd = 0 pounds for all other vehicles.</E>
                                </FP>
                            </EXTRACT>
                            <PRTPAGE P="7761"/>
                            <P/>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>14. Amend § 86.1805-12 by revising paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1805-12 </SECTNO>
                            <SUBJECT>Useful life.</SUBJECT>
                            <P>(a) Except as permitted under paragraph (b) of this section or required under paragraphs (c) and (d) of this section, the full useful life for all LDVs and LLDTs is a period of use of 10 years or 120,000 miles, whichever occurs first. The full useful life for all HLDTs, MDPVs, and complete heavy-duty vehicles is a period of 11 years or 120,000 miles, whichever occurs first. These full useful life values apply to all exhaust, evaporative and refueling emission requirements except for standards which are specified to only be applicable at the time of certification.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>15. Revise § 86.1805-17 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1805-17</SECTNO>
                            <SUBJECT> Useful life.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General provisions.</E>
                                 The useful life values specified in this section apply for all exhaust, evaporative, refueling, and OBD emission requirements described in this subpart, except for standards that are specified to apply only at certification. Useful life values are specified as a given number of calendar years or miles of driving, whichever comes first.
                            </P>
                            <P>(b) [Reserved]</P>
                            <P>
                                (c) 
                                <E T="03">Cold temperature emission standards.</E>
                                 The cold temperature NMHC emission standards in § 86.1811-17 apply for a useful life of 10 years or 120,000 miles for LDV and LLDT, and 11 years or 120,000 miles for HLDT and HDV. The cold temperature CO emission standards in § 86.1811-17 apply for a useful life of 5 years or 50,000 miles.
                            </P>
                            <P>
                                (d) 
                                <E T="03">Criteria pollutants.</E>
                                 The useful life provisions of this paragraph (d) apply for all emission standards not covered by paragraph (c) of this section. This paragraph (d) applies for the cold temperature emission standards in § 86.1811-27(c). Except as specified in paragraph (f) of this section and in § § 86.1811, 86.1813, and 86.1816, the useful life for LDT2, HLDT, MDPV, and HDV is 15 years or 150,000 miles. The useful life for LDV and LDT1 is 10 years or 120,000 miles. Manufacturers may optionally certify LDV and LDT1 to a useful life of 15 years or 150,000 miles, in which case the longer useful life would apply for all the standards and requirements covered by this paragraph (d).
                            </P>
                            <P>
                                (e) 
                                <E T="03">Intermediate useful life.</E>
                                 Where exhaust emission standards are specified for an intermediate useful life, these standards apply for five years or 50,000 miles.
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>16. Amend § 86.1806-27 by adding paragraphs (a)(9) through (13) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1806-27 </SECTNO>
                            <SUBJECT>Onboard diagnostics.</SUBJECT>
                            <STARS/>
                            <P>(a) * * *</P>
                            <P>(9) The definition of “Active Off-Cycle Credit Technology” in 13 CCR 1968.2(c) does not apply.</P>
                            <P>(10) The vehicle operations and control strategies standardization requirements in 13 CCR 1968.2 (g)(6.3), (6.4), (6.5), (6.8), (6.9), (6.10), and (6.11) do not apply.</P>
                            <P>(11) The data reporting and storage requirements in 13 CCR 1968.2(h)(6.1) related to the standardization requirements in 13 CCR 1968.2(g)(8.1) do not apply.</P>
                            <P>(12) The certification documentation requirement related to “Active Off-Cycle Credit Technologies” in 13 CCR 1968.2(i)(2.28) does not apply.</P>
                            <P>
                                (13) The monitoring system demonstration requirements in 13 CCR 1968.2(h)(5.3.1)(D) and (5.3.2)(A)(iii) related to CO
                                <E T="52">2</E>
                                 emission data does not apply.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 86.1807-01 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>17. Amend § 86.1807-01 By Removing And Reserving Paragraph (A)(3)(IV). </AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>18. Amend § 86.1809-12 by revising paragraph (d)(1) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1809-12</SECTNO>
                            <SUBJECT>Prohibition of defeat devices.</SUBJECT>
                            <STARS/>
                            <P>(d) * * *</P>
                            <P>(1) The manufacturer must show to EPA's satisfaction that the vehicle design does not incorporate strategies that unnecessarily reduce emission control effectiveness exhibited over the driving cycles specified in this subpart or the fuel economy test procedures in 40 CFR part 600 when the vehicle is operated under conditions that may reasonably be expected to be encountered in normal operation and use.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>19. Amend § 86.1810-09 by revising paragraph (f)(2) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1810-09</SECTNO>
                            <SUBJECT> General standards; increase in emissions; unsafe condition; waivers.</SUBJECT>
                            <STARS/>
                            <P>(f) * * *</P>
                            <P>(2) For vehicles that comply with the cold temperature NMHC standards described in § 86.1811-10(g), manufacturers must submit an engineering evaluation indicating that common calibration approaches are utilized at high altitudes (except when there are specific high altitude calibration needs to deviate from low altitude emission control practices). Any deviation from low altitude emission control practices must be included in the auxiliary emission control device (AECD) descriptions submitted at certification. Any AECD specific to high altitude must require engineering emission data for EPA evaluation to quantify any emission impact and validity of the AECD.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>20. Amend § 86.1810-17 by revising paragraph (j) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1810-17 </SECTNO>
                            <SUBJECT>General requirements.</SUBJECT>
                            <STARS/>
                            <P>(j) Small-volume manufacturers that modify a vehicle already certified by a different company may recertify that vehicle under this subpart S based on the vehicle supplier's compliance with fleet average standards for criteria exhaust emissions and evaporative emissions as follows:</P>
                            <P>(1) The recertifying manufacturer must certify the vehicle at bin levels and family emission limits that are the same as or more stringent than the corresponding bin levels and family emission limits for the vehicle supplier.</P>
                            <P>(2) The recertifying manufacturer must meet all the standards and requirements described in this subpart S, except for the fleet average standards for criteria exhaust emissions and evaporative emissions.</P>
                            <P>(3) The vehicle supplier must send the small-volume manufacturer a written statement accepting responsibility to include the subject vehicles in the vehicle supplier's exhaust and evaporative fleet average calculations in §§ 86.1860-17 and 86.1864-10.</P>
                            <P>(4) The small-volume manufacturer must describe in the application for certification how the two companies are working together to demonstrate compliance for the subject vehicles. The application must include the statement from the vehicle supplier described in paragraph (j)(3) of this section.</P>
                            <P>(5) The vehicle supplier must include a statement that the vehicle supplier is including the small volume manufacturer's sales volume and emissions levels in the vehicle supplier's fleet average reports under §§ 86.1860-17 and 86.1864-10.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>21. Amend § 86.1811-17 by revising paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <PRTPAGE P="7762"/>
                            <SECTNO>§ 86.1811-17 </SECTNO>
                            <SUBJECT>Exhaust emission standards for light-duty vehicles, light-duty trucks and medium-duty passenger vehicles.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Applicability and general provisions.</E>
                                 This section describes exhaust emission standards that apply for model year 2017 and later light-duty vehicles, light-duty trucks, and medium-duty passenger vehicles. MDPVs are subject to all the same emission standards and certification provisions that apply to LDT4. Some of the provisions of this section also apply to heavy-duty vehicles as specified in § 86.1816. See § 86.1813 for evaporative and refueling emission standards. This section may apply to vehicles from model years earlier than 2017 as specified in paragraph (b)(11) of this section.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 86.1811-27 </SECTNO>
                        <SUBJECT> [AMENDED] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>22. Amend § 86.1811-27 by removing paragraph (a)(4).</AMDPAR>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 86.1815-27 </SECTNO>
                        <SUBJECT>[Removed] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>23. Remove § 86.1815-27. </AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>24. Amend § 86.1816-18 by revising paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1816-18 </SECTNO>
                            <SUBJECT>Emission standards for heavy-duty vehicles.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Applicability and general provisions.</E>
                                 This section describes Tier 3 exhaust emission standards for complete heavy-duty vehicles. These standards are optional for incomplete heavy-duty vehicles and for heavy-duty vehicles above 14,000 pounds GVWR as described in § 86.1801. See § 86.1813 for evaporative and refueling emission standards. This section starts to apply in model year 2018, except that the provisions may apply to vehicles before model year 2018 as specified in paragraph (b)(11) of this section. This section applies for model year 2027 and later vehicles only as specified in § 86.1811-27. Separate requirements apply for MDPV as specified in § 86.1811. See subpart A of this part for requirements that apply for incomplete heavy-duty vehicles and for heavy-duty engines certified independent of the chassis. The following general provisions apply:
                            </P>
                            <P>(1) Test all vehicles as described in this section using a chassis dynamometer; establish appropriate load settings based on adjusted loaded vehicle weight (see § 86.1803).</P>
                            <P>(2) Some provisions apply differently depending on the vehicle's power-to-weight ratio. Determine a vehicle's power-to-weight ratio by dividing the engine's rated power by the vehicle's GVWR (in hp/pound). For purposes of this section, if a test group includes multiple vehicle configurations, use the vehicle with the highest power-to-weight ratio to characterize the test group.</P>
                            <P>(3) Use E10 test fuel as required in § 86.113, except as specified in this section.</P>
                            <P>(4) Measure emissions from hybrid electric vehicles (including plug-in hybrid electric vehicles) as described in 40 CFR part 1066, subpart F, except that these procedures do not apply for plug-in hybrid electric vehicles during charge-depleting operation.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ § 86.1818-12 And 86.1819-14 </SECTNO>
                        <SUBJECT>[Removed] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>25. Remove §§ 86.1818-12 And 86.1819-14.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>26. Amend § 86.1822-01 by revising paragraph (b) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1822--01</SECTNO>
                            <SUBJECT> Durability data vehicle selection.</SUBJECT>
                            <STARS/>
                            <P>(b) The manufacturer may select, using good engineering judgment, an equivalent or worst-case vehicle configuration in lieu of testing the vehicle selected in paragraph (a) of this section. Carryover data satisfying the provisions of § 86.1839-01 may also be used in lieu of testing the vehicle configuration selected in paragraph (a) of this section.</P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 86.1823-08 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>27. Amend § 86.1823-08 by removing and reserving paragraph (M). </AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>28. Amend § 86.1827-01 by revising paragraph (a)(5) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1827-01 </SECTNO>
                            <SUBJECT> Test group determination.</SUBJECT>
                            <STARS/>
                            <P>(a) * * *</P>
                            <P>
                                (5) Subject to the same emission standards, or FEL in the case of cold temperature NMHC or NMOG+NO
                                <E T="52">X</E>
                                 standards, except that a manufacturer may request to group vehicles into the same test group as vehicles subject to more stringent standards, so long as all the vehicles within the test group are certified to the most stringent standards applicable to any vehicle within that test group. For example, manufacturers may include medium-duty vehicles at or below 22,000 pounds GCWR in the same test group with medium-duty vehicles above 22,000 pounds GCWR, but all vehicles included in the test group are then subject to the off-cycle emission standards and testing requirements described in § 86.1811-27(e). Light-duty trucks and light-duty vehicles may be included in the same test group if all vehicles in the test group are subject to the same criteria exhaust emission standards.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>29. Amend § 86.1828-01 by revising paragraph (e) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1828-01 </SECTNO>
                            <SUBJECT> Emission data vehicle selection.</SUBJECT>
                            <STARS/>
                            <P>
                                (e) 
                                <E T="03">Alternative vehicle configurations.</E>
                                 The manufacturer may use good engineering judgment to select an equivalent or worst-case vehicle configuration in lieu of testing the vehicle selected in paragraphs (a) through (c) of this section. Carryover data satisfying the provisions of § 86.1839 may also be used in lieu of testing the vehicle configuration selected in paragraphs (a) through (c) of this section.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>30. Amend § 86.1829-15 by:</AMDPAR>
                        <AMDPAR>a. Removing and reserving paragraph (a)(2).</AMDPAR>
                        <AMDPAR>b. Revising paragraph (d)(3); and</AMDPAR>
                        <AMDPAR>c. Removing and reserving paragraph (d)(6).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 86.1829-15 </SECTNO>
                            <SUBJECT>Durability and emission testing requirements; waivers.</SUBJECT>
                            <STARS/>
                            <P>(d) * * *</P>
                            <P>(3) Manufacturers may omit PM measurements for fuel economy testing conducted in addition to the testing needed to demonstrate compliance with the PM emission standards.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>31. Amend § 86.1830-01 by revising paragraphs (a)(3) and (c)(2) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1830-01 </SECTNO>
                            <SUBJECT>Acceptance of vehicles for emission testing.</SUBJECT>
                            <P>(a) * * *</P>
                            <P>(3) Test vehicles must have air conditioning installed and operational if that vehicle configuration is available with air conditioning. Optional equipment must be installed or represented on test vehicles according to the provisions of § 86.1832-01.</P>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>
                                (2) Within a durability group, the manufacturer may alter any emission data vehicle (or other vehicles such as current or previous model year emission data vehicles, running change vehicles, fuel economy data vehicles, and development vehicles) in lieu of building a new test vehicle providing that the modification will not impact the representativeness of the vehicle's test results. Manufacturers shall use good engineering judgment in making 
                                <PRTPAGE P="7763"/>
                                such determinations. Development vehicles which were used to develop the calibration selected for emission data testing may not be used as the EDV for that vehicle configuration. Vehicles from outside the durability group may be altered with advance approval of the Administrator.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>32. Amend § 86.1835-01 by revising paragraphs (a)(4), (b)(3), and (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1835-01 </SECTNO>
                            <SUBJECT>Confirmatory certification testing.</SUBJECT>
                            <P>(a) * * *</P>
                            <P>(4) Retesting for fuel economy may be conducted under the provisions of 40 CFR 600.008-08.</P>
                            <P>(b) * * *</P>
                            <P>(3) For light-duty vehicles, light-duty trucks, and medium-duty passenger vehicles the manufacturer shall conduct a retest of the FTP or highway test if the difference between the fuel economy of the confirmatory test and the original manufacturer's test equals or exceeds three percent (or such lower percentage to be applied consistently to all manufacturer conducted confirmatory testing as requested by the manufacturer and approved by the Administrator).</P>
                            <P>(i) For use in the fuel economy program described in 40 CFR part 600, the manufacturer may, in lieu of conducting a retest, accept as official the lower of the original and confirmatory test fuel economy results.</P>
                            <P>(ii) The manufacturer shall conduct a second retest of the FTP or highway test if the fuel economy difference between the second confirmatory test and the original manufacturer test equals or exceeds three percent (or such lower percentage as requested by the manufacturer and approved by the Administrator) and the fuel economy difference between the second confirmatory test and the first confirmatory test equals or exceeds three percent (or such lower percentage as requested by the manufacturer and approved by the Administrator). In lieu of conducting a second retest, the manufacturer may accept as official (for use in the fuel economy program) the lowest fuel economy of the original test, the first confirmatory test, and the second confirmatory test fuel economy results.</P>
                            <P>
                                (c) 
                                <E T="03">Official test determination.</E>
                                 (1) Whenever the Administrator or the manufacturer conducts a confirmatory test segment on a test vehicle, the results of that test segment, unless subsequently invalidated by the Administrator, shall comprise the official data for that test segment for the vehicle at the prescribed test point and the manufacturer's original test data for that test segment for that prescribed test point shall not be used in determining compliance with emission standards.
                            </P>
                            <P>(i) If the Administrator or the manufacturer conducts more than one passing, valid, confirmatory test, the results from the first passing, valid confirmatory test shall be considered official and used in determining compliance with emission standards.</P>
                            <P>(ii) Official test results for fuel economy are determined in accordance with the provisions of § 600.008-08 of this chapter.</P>
                            <P>(iii) The Administrator may stop a test after any evaporative test segment and use as official data any valid results obtained up to that point in the test, as described in subpart B of this part.</P>
                            <P>(2) Whenever the Administrator or the manufacturer does not conduct a confirmatory test on a test vehicle at a test point, the manufacturer's original test data will be accepted as the official data for that point.</P>
                            <P>(i) If the Administrator makes a determination based on testing under paragraph (a) of this section (or other appropriate correlation test data), that there is a lack of correlation between the manufacturer's test equipment or procedures and the test equipment or procedures used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer.</P>
                            <P>(ii) If the Administrator has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provisions of this subpart, the Administrator may refuse to accept that data as the official data pending retesting or submission of further information.</P>
                            <P>(iii) If the manufacturer conducts more than one test on an emission data vehicle in the same vehicle configuration (excluding confirmatory tests run under paragraph (b) of this section), the data from the last test in that series of tests on that vehicle, will constitute the official data.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 86.1838-01 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>33. Amend § 86.1838-01 by removing and reserving paragraph (B)(1)(I)(B).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>34. Revise § 86.1839-01 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1839-01 </SECTNO>
                            <SUBJECT>Carryover of certification data.</SUBJECT>
                            <P>(a) In lieu of testing an emission-data or durability vehicle selected under § 86.1822, § 86.1828, or § 86.1829, and submitting data therefrom, a manufacturer may submit exhaust emission data, evaporative emission data and/or refueling emission data, as applicable, on a similar vehicle for which certification has been obtained or for which all applicable data required under § 86.1845 has previously been submitted. To be eligible for this provision, the manufacturer must use good engineering judgment and meet the following criteria:</P>
                            <P>(1) In the case of durability data, the manufacturer must determine that the previously generated durability data represent a worst case or equivalent rate of deterioration for all applicable emission constituents compared to the vehicle configuration selected for durability demonstration. Prior to certification, the Administrator may require the manufacturer to provide data showing that the distribution of catalyst temperatures of the selected durability vehicle configuration is effectively equivalent or lower than the distribution of catalyst temperatures of the vehicle configuration which is the source of the previously generated data.</P>
                            <P>(2) In the case of emission data, the manufacturer must determine that the previously generated emissions data represent a worst case or equivalent level of emissions for all applicable emission constituents compared to the vehicle configuration selected for emission compliance demonstration.</P>
                            <P>(b) In lieu of using newly aged hardware on an EDV as allowed under the provisions of § 86.1823-08(f)(2), a manufacturer may use similar hardware aged for an EDV previously submitted, provided that the manufacturer determines that the previously aged hardware represents a worst case or equivalent rate of deterioration for all applicable emission constituents for durability demonstration.</P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 86.1841-01 </SECTNO>
                            <SUBJECT>[Amended]</SUBJECT>
                        </SECTION>
                        <AMDPAR>35. Amend § 86.1841-01 by removing and reserving paragraph (A)(3).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>36. Amend § 86.1844-01 by:</AMDPAR>
                        <AMDPAR>a. Removing and reserving paragraph (d)(7)(iv);</AMDPAR>
                        <AMDPAR>b. Revising paragraph (d)(15);</AMDPAR>
                        <AMDPAR>c. Removing and reserving paragraphs (d)(19) and (20); and</AMDPAR>
                        <AMDPAR>d. Revising paragraphs (e)(1) and (3).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 86.1844-01 </SECTNO>
                            <SUBJECT>Information requirements: Application for certification and submittal of information upon request.</SUBJECT>
                            <STARS/>
                            <P>(d) * * *</P>
                            <P>
                                (15) For vehicles with fuel-fired heaters, describe the control system 
                                <PRTPAGE P="7764"/>
                                logic of the fuel-fired heater, including an evaluation of the conditions under which it can be operated and an evaluation of the possible operational modes and conditions under which evaporative emissions can exist. Use good engineering judgment to establish an estimated exhaust emission rate from the fuel-fired heater in grams per mile for each pollutant subject to a fleet average standard. Adjust fleet average compliance calculations in §§ 86.1861 and 86.1864 as appropriate to account for emissions from fuel-fired heaters. Describe the testing used to establish the exhaust emission rate.
                            </P>
                            <STARS/>
                            <P>(e) * * *</P>
                            <P>(1) Identify all emission-related components. Also identify software, AECDs, and other elements of design that are used to control criteria, exhaust or evaporative/refueling emissions. Identify the emission-related components by part number. Identify software by part number or other convention, as appropriate. Organize part numbers by engine code or other similar classification scheme.</P>
                            <STARS/>
                            <P>(3) Identification and description of all vehicles covered by each certificate of conformity to be produced and sold within the U.S. The description must be sufficient to identify whether any given in-use vehicle is, or is not, covered by a given certificate of conformity, the test group and the evaporative/refueling family to which it belongs and the standards that are applicable to it, by matching readily observable vehicle characteristics and information given in the emission control information label (and other permanently attached labels) to indicators in the Part 1 Application. For example, the description must include any components or features that contribute to measured or demonstrated control of emissions for meeting criteria exhaust or evaporative/refueling standards under this subpart. In addition, the description must be sufficient to determine for each vehicle covered by the certificate, all appropriate test parameters and any special test procedures necessary to conduct an official certification exhaust or evaporative emission test as was required by this subpart to demonstrate compliance with applicable emission standards. The description shall include, but is not limited to, information such as model name, vehicle classification (light-duty vehicle, light-duty truck, or complete heavy-duty vehicle), sales area, engine displacement, engine code, transmission type, tire size and parameters necessary to conduct exhaust emission tests such as equivalent test weight, curb and gross vehicle weight, test horsepower (with and without air conditioning adjustment), coast down time, shift schedules, cooling fan configuration, etc. and evaporative tests such as canister working capacity, canister bed volume, and fuel temperature profile. Actual values must be provided for all parameters.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>37. Amend § 86.1845-04 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraphs (b)(5)(i) and (c)(5)(i);</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (g); and</AMDPAR>
                        <AMDPAR>c. Revising paragraph (h)(6) introductory text.</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 86.1845-04 </SECTNO>
                            <SUBJECT> Manufacturer in-use verification testing requirements.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>
                                (5) 
                                <E T="03">Testing.</E>
                                 (i) Each test vehicle of a test group shall be tested in accordance with the FTP and the US06 as described in subpart B of this part, when such test vehicle is tested for compliance with applicable exhaust emission standards under this subpart.
                            </P>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>
                                (5) 
                                <E T="03">Testing.</E>
                                 (i) Each test vehicle shall be tested in accordance with the FTP and the US06 as described in subpart B of this part when such test vehicle is tested for compliance with applicable exhaust emission standards under this subpart. One test vehicle from each test group shall be tested over the FTP at high altitude. The test vehicle tested at high altitude is not required to be one of the same test vehicles tested at low altitude. The test vehicle tested at high altitude is counted when determining the compliance with the requirements shown in Table S04-06 and Table S04-07 (tables 1 and 2 to paragraph (b)(3) of this section) or the expanded sample size as provided for in this paragraph (c).
                            </P>
                            <STARS/>
                            <P>(h) * * *</P>
                            <P>
                                (6) Determine a reference CO
                                <E T="52">2</E>
                                 emission rate, 
                                <E T="03">e</E>
                                <E T="52">CO2FTPFCL,</E>
                                 as described in 40 CFR 1036.530 or based on measured values from any chassis FTP driving cycles under 40 CFR part 1066, subpart I, that is used for reporting data from an emission data vehicle or a fuel economy data vehicle, as follows:
                            </P>
                            <P/>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>38. Amend § 86.1846-01 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraph (a); and</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (b)(2).</AMDPAR>
                        <P>The revision reads as follows:</P>
                        <SECTION>
                            <SECTNO>§ 86.1846-01 </SECTNO>
                            <SUBJECT> Manufacturer in-use confirmatory testing requirements.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General requirements.</E>
                                 (1) Manufacturers must test, or cause testing to be conducted, under this section when the emission levels shown by a test group sample from testing under § 86.1845 exceeds the criteria specified in paragraph (b) of this section. The testing required under this section applies separately to each test group and at each test point (low and high mileage) that meets the specified criteria. The testing requirements apply separately for each model year.
                            </P>
                            <P>(2) The provisions of § 86.1845-04(a)(3) regarding fuel sulfur effects apply equally to testing under this section.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 86.1847-01 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>39. Amend § 86.1847-01 by removing and reserving paragraph (G).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>40. Amend § 86.1848-10 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraphs (c)(2) and (5); and</AMDPAR>
                        <AMDPAR>b. Removing paragraphs (c)(9) and (10).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 86.1848-10 </SECTNO>
                            <SUBJECT> Compliance with emission standards for the purpose of certification.</SUBJECT>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>(2) The manufacturer must comply with all certification and in-use emission standards contained in this subpart both during and after model year production.</P>
                            <STARS/>
                            <P>(5) The manufacturer must meet the in-use testing and reporting requirements contained in §§ 86.1845, 86.1846, and 86.1847, as applicable.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>41. Amend § 86.1854-12 by revising paragraph (a)(2)(iv) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1854-12 </SECTNO>
                            <SUBJECT> Prohibited acts.</SUBJECT>
                            <P>(a) * * *</P>
                            <P>(2) * * *</P>
                            <P>(iv) For a person to fail to establish or maintain records as required under §§ 86.1844, 86.1862, and 86.1864 with regard to vehicles.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>42. Revise and republish § 86.1861-17 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1861-17</SECTNO>
                            <SUBJECT>
                                 How do the NMOG + NO
                                <E T="0732">X</E>
                                 and evaporative emission credit programs work?
                            </SUBJECT>
                            <P>
                                You may use emission credits for purposes of certification to show compliance with the applicable fleet 
                                <PRTPAGE P="7765"/>
                                average NMOG+NO
                                <E T="52">X</E>
                                 standards from §thnsp;§ 86.1811 and 86.1816 and the fleet average evaporative emission standards from § 86.1813 as described in 40 CFR part 1036, subpart H, with certain exceptions and clarifications as specified in this section. MDPVs are subject to the same provisions of this section that apply to LDT4.
                            </P>
                            <P>(a) Calculate emission credits as described in this paragraph (a) instead of using the provisions of 40 CFR 1036.705. Calculate positive or negative emission credits relative to the applicable fleet average standard. Calculate positive emission credits if your fleet average level is below the standard. Calculate negative emission credits if your fleet average value is above the standard. Calculate credits separately for each applicable fleet average standard and calculate total credits for each averaging set as specified in paragraph (b) of this section. Convert units from mg/mile to g/mile as needed for performing calculations. Calculate emission credits using the following equation, rounded to the nearest whole number:</P>
                            <HD SOURCE="HD3">Equation 1 to Paragraph (a)</HD>
                            <FP SOURCE="FP-2">
                                <E T="03">Emission credit</E>
                                 = 
                                <E T="03">Volume</E>
                                 · [
                                <E T="03">Fleet average standard−Fleet average value</E>
                                ]
                            </FP>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Emission credit</E>
                                     = The positive or negative credit for each discrete fleet average standard, in units of vehicle-grams per mile for NMOG+NO
                                    <E T="52">x</E>
                                     and vehicle-grams per test for evaporative emissions.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Volume</E>
                                     = Sales volume in a given model year from the collection of test groups or evaporative families covered by the fleet average value, as described in § 86.1860.
                                </FP>
                            </EXTRACT>
                            <P>(b) The following restrictions apply instead of those specified in 40 CFR 1036.740:</P>
                            <P>(1) Except as specified in paragraph (b)(2) of this section, emission credits may be exchanged only within an averaging set, as follows:</P>
                            <P>(i) HDV represent a separate averaging set with respect to all emission standards.</P>
                            <P>(ii) Except as specified in paragraph (b)(1)(iii) of this section, light-duty program vehicles represent a single averaging set with respect to all emission standards. Note that FTP and SFTP credits for Tier 3 vehicles are not interchangeable.</P>
                            <P>
                                (iii) LDV and LDT1 certified to standards based on a useful life of 120,000 miles and 10 years together represent a single averaging set with respect to NMOG+NO
                                <E T="52">X</E>
                                 emission standards. Note that FTP and SFTP credits for Tier 3 vehicles are not interchangeable.
                            </P>
                            <P>(iv) The following separate averaging sets apply for evaporative emission standards:</P>
                            <P>(A) LDV and LDT1 together represent a single averaging set.</P>
                            <P>(B) LDT2 represents a single averaging set.</P>
                            <P>(C) HLDT represents a single averaging set.</P>
                            <P>(D) HDV represents a single averaging set.</P>
                            <P>(2) You may exchange evaporative emission credits across averaging sets as follows if you need additional credits to offset a deficit after the final year of maintaining deficit credits as allowed under paragraph (c) of this section:</P>
                            <P>(i) You may exchange LDV/LDT1 and LDT2 emission credits.</P>
                            <P>(ii) You may exchange HLDT and HDV emission credits.</P>
                            <P>(3) Except as specified in paragraph (b)(4) of this section, credits expire after five years. For example, credits you generate in model year 2018 may be used only through model year 2023.</P>
                            <P>
                                (4) For the Tier 3 declining fleet average FTP and SFTP emission standards for NMOG+NO
                                <E T="52">X</E>
                                 described in § 86.1811-17(b)(8), credits generated in model years 2017 through 2024 expire after eight years, or after model year 2030, whichever comes first; however, these credits may not be traded after five years. This extended credit life also applies for small-volume manufacturers generating credits under § 86.1811-17(h)(1) in model years 2022 through 2024. Note that the longer credit life does not apply for heavy-duty vehicles, for vehicles certified under the alternate phase-in described in § 86.1811-17(b)(9), or for vehicles generating early Tier 3 credits under § 86.1811-17(b)(11) in model year 2017.
                            </P>
                            <P>
                                (5) Tier 3 credits for NMOG+NO
                                <E T="52">X</E>
                                 may be used to demonstrate compliance with Tier 4 standards without adjustment, except as specified in § 86.1811-27(b)(6)(ii).
                            </P>
                            <P>
                                (6) A manufacturer may generate NMOG+NO
                                <E T="52">X</E>
                                 credits from model year 2027 through 2032 electric vehicles that qualify as MDPV and use those credits for certifying medium-duty vehicles, as follows:
                            </P>
                            <P>(i) Calculate generated credits separately for qualifying vehicles. Calculate generated credits by multiplying the applicable standard for light-duty program vehicles by the sales volume of qualifying vehicles in a given model year.</P>
                            <P>(ii) Apply generated credits to eliminate any deficit for light-duty program vehicles before using them to certify medium-duty vehicles.</P>
                            <P>(iii) Apply the credit provisions of this section as specified, except that you may not buy or sell credits generated under this paragraph (b)(6).</P>
                            <P>(iv) Describe in annual credit reports how you are generating certain credit quantities under this paragraph (b)(6). Also describe in your end of year credit report how you will use those credits for certifying light-duty program vehicles or medium-duty vehicles in a given model year.</P>
                            <P>
                                (c) The credit-deficit provisions 40 CFR 1036.745 apply to the NMOG+NO
                                <E T="52">X</E>
                                 and evaporative emission standards for Tier 3 and Tier 4 vehicles. Credit-deficit provisions are not affected by the transition from Tier 3 to Tier 4 standards.
                            </P>
                            <P>(d) The reporting and recordkeeping provisions of § 86.1862 apply instead of those specified in 40 CFR 1036.730 and 1036.735.</P>
                            <P>(e) The provisions of 40 CFR 1036.625 do not apply.</P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ § 86.1865-12, 86.1866-12, 86.1867-12, and 86.1867-31 </SECTNO>
                        <SUBJECT>[Removed] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>43. Remove §§ 86.1865-12, 86.1866-12, 86.1867-12, and 86.1867-31.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>44. Amend § 86.1868-12 by:</AMDPAR>
                        <AMDPAR>a. Revising the introductory text and paragraph (c);</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (d); and</AMDPAR>
                        <AMDPAR>c. Revising paragraphs (g) introductory text and (g)(3) introductory text.</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 86.1868-12 </SECTNO>
                            <SUBJECT>
                                CO
                                <E T="0735">2</E>
                                 credits for improving the efficiency of air conditioning systems.
                            </SUBJECT>
                            <P>The regulation at 40 CFR 600.510 describes how manufacturers may calculate fuel consumption improvement values based on improvements to air conditioning efficiency. This section describes how to calculate credits to determine the average fuel economy for comparing to the Corporate Average Fuel Economy standard. The provisions of this section do not apply for medium-duty vehicles. Credits shall be calculated according to this section for each air conditioning system that the manufacturer is using to generate credits. Manufacturers must validate credits under this section based on testing as described in paragraph (g) of this section. Starting in model year 2027, manufacturers may generate credits under this section only for vehicles propelled by internal combustion engines.</P>
                            <STARS/>
                            <P>
                                (c) The total efficiency credits generated by an air conditioning system shall be calculated in megagrams separately for passenger automobiles and light trucks according to the following formula:
                                <PRTPAGE P="7766"/>
                            </P>
                            <HD SOURCE="HD3">Equation 1 to Paragraph (c)</HD>
                            <GPH SPAN="3" DEEP="48">
                                <GID>ER18FE26.021</GID>
                            </GPH>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Credit</E>
                                     = the air conditioning efficiency credit in grams per mile determined in paragraph (b) of this section. Starting in model year 2027, multiply the credit value for PHEV by (1-UF), where 
                                    <E T="03">UF</E>
                                     = the fleet utility factor established under 40 CFR 600.116-12(c)(1) or (c)(10)(iii) (weighted 55 percent city, 45 percent highway.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Production</E>
                                     = The total number of passenger automobiles or light trucks, whichever is applicable, produced with the air conditioning system to which to the efficiency credit value from paragraph (b) of this section applies.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">VLM</E>
                                     = vehicle lifetime miles, which for passenger automobiles shall be 195,264 and for light trucks shall be 225,865.
                                </FP>
                            </EXTRACT>
                            <STARS/>
                            <P>(g) For AC17 validation testing and reporting requirements, manufacturers must validate air conditioning efficiency credits by using the AC17 Test Procedure in 40 CFR 1066.845 as follows:</P>
                            <STARS/>
                            <P>
                                (3) For the first model year for which an air conditioning system is expected to generate credits, the manufacturer must select for testing the projected highest-selling vehicle configuration within each combination of vehicle platform and air conditioning system (as those terms are defined in § 86.1803). The manufacturer must test at least one unique air conditioning system within each vehicle platform in a model year, unless all unique air conditioning systems within a vehicle platform have been previously tested. A unique air conditioning system design is a system with unique or substantially different component designs or types and/or system control strategies (
                                <E T="03">e.g.,</E>
                                 fixed-displacement vs. variable displacement compressors, orifice tube vs. thermostatic expansion valve, single vs. dual evaporator, etc.). In the first year of such testing, the tested vehicle configuration shall be the highest production vehicle configuration within each platform. In subsequent model years the manufacturer must test other unique air conditioning systems within the vehicle platform, proceeding from the highest production untested system until all unique air conditioning systems within the platform have been tested, or until the vehicle platform experiences a major redesign. Whenever a new unique air conditioning system is tested, the highest production vehicle configuration using that system shall be the vehicle selected for testing. Credits may continue to be generated by the air conditioning system installed in a vehicle platform provided that:
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>45. Amend § 86.1869-12 by revising the introductory text and paragraphs (a), (b)(1) introductory text, (b)(2) introductory text, (b)(2)(v), (c) introductory text, and (e)(2)(i) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 86.1869-12 </SECTNO>
                            <SUBJECT>
                                 CO
                                <E T="0735">2</E>
                                 credits for off-cycle CO
                                <E T="0735">2</E>
                                 reducing technologies.
                            </SUBJECT>
                            <P>The regulation at 40 CFR 600.510 describes how manufacturers may calculate fuel consumption improvement values based on vehicle improvements that are not reflected in testing to demonstrate compliance with exhaust emission standards. This section describes how to calculate credits to determine the average fuel economy for comparing to the Corporate Average Fuel Economy standard through model year 2032. The provisions of this section do not apply for medium-duty vehicles. Manufacturers may no longer generate credits under this section starting in model year 2027 for vehicles deemed to have zero tailpipe emissions and in model year 2033 for all other vehicles. Manufacturers may no longer generate credits under paragraphs (c) and (d) of this section for any type of vehicle starting in model year 2027.</P>
                            <P>
                                (a) Manufacturers may generate credits for CO
                                <E T="52">2</E>
                                -reducing technologies where the CO
                                <E T="52">2</E>
                                 reduction benefit of the technology is not adequately captured on the Federal Test Procedure and/or the Highway Fuel Economy Test such that the technology would not be otherwise installed for purposes of meeting Corporate Average Fuel Economy standards. These technologies must have a measurable, demonstrable, and verifiable real-world CO
                                <E T="52">2</E>
                                 reduction that occurs outside the conditions of the Federal Test Procedure and the Highway Fuel Economy Test. These optional credits are referred to as “off-cycle” credits. The technologies must not be integral or inherent to the basic vehicle design, such as engine, transmission, mass reduction, passive aerodynamic design, and tire technologies. Technologies installed for non-off-cycle emissions related reasons are also not eligible as they would be considered part of the baseline vehicle design. The technology must not be inherent to the design of occupant comfort and entertainment features except for technologies related to reducing passenger air conditioning demand and improving air conditioning system efficiency. Notwithstanding the provisions of this paragraph (a), off-cycle menu technologies included in paragraph (b) of this section remain eligible for credits. Off-cycle technologies used to generate emission credits are considered emission-related components subject to applicable requirements and must be demonstrated to be effective for the full useful life of the vehicle. Unless the manufacturer demonstrates that the technology is not subject to in-use deterioration, the manufacturer must account for the deterioration in their analysis. Durability evaluations of off-cycle technologies may occur at any time throughout a model year, provided that the results can be factored into the data provided in the model year report. Off-cycle credits may not be approved for crash-avoidance technologies, safety critical systems or systems affecting safety-critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes. Off-cycle credits may not be earned for technologies installed on a motor vehicle to attain compliance with any vehicle safety standard or any regulation set forth in Title 49 of the Code of Federal Regulations. The manufacturer must use one of the three options specified in this section to establish off-cycle credits under this section.
                            </P>
                            <P>(b) * * *</P>
                            <P>(1) The manufacturer may generate off-cycle credits for certain technologies as specified in this paragraph (b)(1). Technology definitions are in paragraph (b)(4) of this section. Calculated credit values shall be rounded to the nearest 0.1 grams/mile.</P>
                            <STARS/>
                            <P>
                                (2) The maximum allowable off-cycle credit for the combined passenger automobile and light truck fleet 
                                <PRTPAGE P="7767"/>
                                attributable to use of the default credit values in paragraph (b)(1) of this section is specified in paragraph (b)(2)(v) of this section. If the total of the off-cycle credit values from paragraph (b)(1) of this section does not exceed the specified off-cycle credit cap for any passenger automobile or light truck in a manufacturer's fleet, then the total off-cycle credits may be calculated according to paragraph (f) of this section. If the total of the off-cycle credit values from paragraph (b)(1) of this section exceeds the specified off-cycle credit cap for any passenger automobile or light truck in a manufacturer's fleet, then the gram per mile decrease for the combined passenger automobile and light truck fleet must be determined according to paragraph (b)(2)(ii) of this section to determine whether the applicable limitation has been exceeded.
                            </P>
                            <STARS/>
                            <P>(v) The manufacturer's combined passenger automobile and light truck fleet average off-cycle credits attributable to use of the default credit values in paragraph (b)(1) of this section may not exceed the following specific values:</P>
                            <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s25,10">
                                <BOXHD>
                                    <CHED H="1">Model year</CHED>
                                    <CHED H="1">
                                        Off-cycle
                                        <LI>credit cap</LI>
                                        <LI>(g/mile)</LI>
                                    </CHED>
                                </BOXHD>
                                <ROW>
                                    <ENT I="01">(A) 2023-2026</ENT>
                                    <ENT>15</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">(B) 2027-2030</ENT>
                                    <ENT>10</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">(C) 2031</ENT>
                                    <ENT>8.0</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">(D) 2032</ENT>
                                    <ENT>6.0</ENT>
                                </ROW>
                            </GPOTABLE>
                            <STARS/>
                            <P>
                                (c) 
                                <E T="03">Technology demonstration using EPA 5-cycle methodology.</E>
                                 To demonstrate an off-cycle technology and to determine off-cycle credits using the EPA 5-cycle methodology, the manufacturer shall determine the off-cycle city/highway combined carbon-related exhaust emissions benefit by using the EPA 5-cycle methodology described in 40 CFR part 600. This method may not be used for technologies that include elements (
                                <E T="03">e.g.,</E>
                                 driver-selectable systems) that require additional analyses, data collection, projections, or modeling, or other assessments to determine a national average benefit of the technology. Testing shall be performed on a representative vehicle, selected using good engineering judgment, for each model type for which the credit is being demonstrated. The emission benefit of a technology is determined by testing both with and without the off-cycle technology operating. If a specific technology is not expected to change emissions on one of the five test procedures, the manufacturer may submit an engineering analysis to the EPA that demonstrates that the technology has no effect. If EPA concurs with the analysis, then multiple tests are not required using that test procedure; instead, only one of that test procedure shall be required—either with or without the technology installed and operating—and that single value will be used for all of the 5-cycle weighting calculations. Multiple off-cycle technologies may be demonstrated on a test vehicle. The manufacturer shall conduct the following steps and submit all test data to the EPA.
                            </P>
                            <STARS/>
                            <P>
                                (e) 
                                <E T="03">Review and approval process for off-cycle credits</E>
                                —(1) 
                                <E T="03">Initial steps required.</E>
                                 (i) A manufacturer requesting off-cycle credits under the provisions of paragraph (c) of this section must conduct the testing and/or simulation described in that paragraph.
                            </P>
                            <P>(ii) A manufacturer requesting off-cycle credits under the provisions of paragraph (d) of this section must develop a methodology for demonstrating and determining the benefit of the off-cycle technology, and carry out any necessary testing and analysis required to support that methodology.</P>
                            <P>(iii) A manufacturer requesting off-cycle credits under paragraphs (b), (c), or (d) of this section must conduct testing and/or prepare engineering analyses that demonstrate the in-use durability of the technology for the full useful life of the vehicle.</P>
                            <P>
                                (2) 
                                <E T="03">Data and information requirements.</E>
                                 The manufacturer seeking off-cycle credits must submit an application for off-cycle credits determined under paragraphs (c) and (d) of this section. The application must contain the following:
                            </P>
                            <P>(i) A detailed description of the off-cycle technology and how it functions to improve fuel economy under conditions not represented on the FTP and HFET.</P>
                            <P>(ii) A list of the vehicle model(s) which will be equipped with the technology.</P>
                            <P>(iii) A detailed description of the test vehicles selected and an engineering analysis that supports the selection of those vehicles for testing.</P>
                            <P>(iv) All testing and/or simulation data required under paragraph (c) or (d) of this section, as applicable, plus any other data the manufacturer has considered in the analysis.</P>
                            <P>(v) For credits under paragraph (d) of this section, a complete description of the methodology used to estimate the off-cycle benefit of the technology and all supporting data, including vehicle testing and in-use activity data.</P>
                            <P>(vi) An estimate of the off-cycle benefit by vehicle model and the fleetwide benefit based on projected sales of vehicle models equipped with the technology.</P>
                            <P>(vii) An engineering analysis and/or component durability testing data or whole vehicle testing data demonstrating the in-use durability of the off-cycle technology components.</P>
                            <P>
                                (3) 
                                <E T="03">EPA review of the off-cycle credit application.</E>
                                 Upon receipt of an application from a manufacturer, EPA will do the following:
                            </P>
                            <P>(i) Review the application for completeness and notify the manufacturer within 30 days if additional information is required.</P>
                            <P>(ii) Review the data and information provided in the application to determine if the application supports the level of credits estimated by the manufacturer.</P>
                            <P>(iii) For credits under paragraph (d) of this section, EPA will make the application available to the public for comment, as described in paragraph (d)(2) of this section, within 60 days of receiving a complete application. The public review period will be specified as 30 days, during which time the public may submit comments. Manufacturers may submit a written rebuttal of comments for EPA consideration or may revise their application in response to comments. A revised application should be submitted after the end of the public review period, and EPA will review the application as if it was a new application submitted under this paragraph (e)(3).</P>
                            <P>
                                (4) 
                                <E T="03">EPA decision.</E>
                                 (i) For credits under paragraph (c) of this section, EPA will notify the manufacturer of its decision within 60 days of receiving a complete application.
                            </P>
                            <P>(ii) For credits under paragraph (d) of this section, EPA will notify the manufacturer of its decision after reviewing and evaluating the public comments. EPA will make the decision and rationale available to the public.</P>
                            <P>(iii) EPA will notify the manufacturer in writing of its decision to approve or deny the application, and will provide the reasons for the decision. EPA will make the decision and rationale available to the public.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 86.1870-12 </SECTNO>
                        <SUBJECT>[Removed] </SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="86">
                        <AMDPAR>46. Remove § 86.1870-12.</AMDPAR>
                    </REGTEXT>
                    <PART>
                        <PRTPAGE P="7768"/>
                        <HD SOURCE="HED">PART 600—FUEL ECONOMY AND GREENHOUSE GAS EXHAUST EMISSIONS OF MOTOR VEHICLES</HD>
                    </PART>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>47. The authority citation for part 600 continues to read as follows:</AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority:</HD>
                            <P>49 U.S.C. 32901—23919Q, Pub. L. 109-58.</P>
                        </AUTH>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>48. Amend § 600.001 by revising paragraphs (a) and (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.001 </SECTNO>
                            <SUBJECT>General applicability.</SUBJECT>
                            <P>
                                (a) The provisions of this part apply to 2008 and later model year automobiles that are not medium duty passenger vehicles (MDPV
                                <E T="52">FE</E>
                                ), and to 2011 and later model year automobiles including MDPV
                                <E T="52">FE</E>
                                . The test procedures in subpart B of this part also describe how manufacturers can test larger vehicles to meet fuel consumption standards under 49 CFR part 535.
                            </P>
                            <STARS/>
                            <P>
                                (c) Unless stated otherwise, references to fuel economy or fuel economy data in this part shall also be interpreted to mean the related exhaust emissions of CO
                                <E T="52">2</E>
                                , HC, and CO, and where applicable for alternative fuel vehicles, CH
                                <E T="52">3</E>
                                OH, C
                                <E T="52">2</E>
                                H
                                <E T="52">5</E>
                                OH, C
                                <E T="52">2</E>
                                H
                                <E T="52">4</E>
                                O, HCHO, NMHC and CH
                                <E T="52">4</E>
                                .
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>49. Amend § 600.002 by:</AMDPAR>
                        <AMDPAR>a. Revising the definitions of “Carbon-related exhaust emissions (CREE)” and “Engine code”;</AMDPAR>
                        <AMDPAR>b. Removing the definition of “Footprint”; and</AMDPAR>
                        <AMDPAR>
                            c. Revising the definitions of “Medium-duty passenger vehicle (MDPV
                            <E T="52">FE</E>
                            )”, “Subconfiguration”, and “Vehicle configuration”.
                        </AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 600.002 </SECTNO>
                            <SUBJECT>Definitions.</SUBJECT>
                            <STARS/>
                            <P>
                                <E T="03">Carbon-related exhaust emissions (CREE</E>
                                ) means the summation of the carbon-containing constituents of the exhaust emissions, with each constituent adjusted by a coefficient representing the carbon weight fraction of each constituent relative to the CO
                                <E T="52">2</E>
                                 carbon weight fraction, as specified in § 600.113.
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Engine code</E>
                                 means one of the following:
                            </P>
                            <P>
                                (1) For LDV, LDT, and MDPV
                                <E T="52">FE</E>
                                , 
                                <E T="03">engine code</E>
                                 means a unique combination, within a test group (as defined in § 86.1803 of this chapter), of displacement, fuel injection (or carburetion or other fuel delivery system), calibration, distributor calibration, choke calibration, auxiliary emission control devices, and other engine and emission control system components specified by the Administrator. For electric vehicles, 
                                <E T="03">engine code</E>
                                 means a unique combination of manufacturer, electric traction motor, motor configuration, motor controller, and energy storage device.
                            </P>
                            <P>
                                (2) For MDV, 
                                <E T="03">engine code</E>
                                 means the combination of both “engine code” and “basic engine” as defined for light-duty vehicles in this section.
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Medium-duty passenger vehicle (MDPV</E>
                                <E T="52">FE</E>
                                <E T="03">)</E>
                                 means any motor vehicle rated at more than 8,500 pounds GVWR and less than 10,000 pounds GVWR that is designed primarily to transport passengers, but does not include a vehicle that—
                            </P>
                            <P>(1) Is an “incomplete truck,” meaning any truck which does not have the primary load carrying device or container attached when it is first sold as a vehicle; or</P>
                            <P>(2) Has a seating capacity of more than 12 persons; or</P>
                            <P>(3) Is designed for more than 9 persons in seating rearward of the driver's seat; or</P>
                            <P>(4) Is equipped with an open cargo area (for example, a pick-up truck box or bed) of 72.0 inches in interior length or more. A covered box not readily accessible from the passenger compartment will be considered an open cargo area for purposes of this definition. (See paragraph (1) of the definition of medium-duty passenger vehicle at 40 CFR 86.1803-01).</P>
                            <STARS/>
                            <P>
                                <E T="03">Subconfiguration</E>
                                 means one of the following:
                            </P>
                            <P>
                                (1) For LDV, LDT, and MDPV
                                <E T="52">FE</E>
                                , 
                                <E T="03">subconfiguration</E>
                                 means a unique combination within a vehicle configuration of equivalent test weight, road-load horsepower, and any other operational characteristics or parameters which the Administrator determines may significantly affect fuel economy or CO
                                <E T="52">2</E>
                                 emissions within a vehicle configuration.
                            </P>
                            <P>
                                (2) For MDV, 
                                <E T="03">subconfiguration</E>
                                 means a unique combination within a vehicle configuration of equivalent test weight, road-load horsepower, and any other operational characteristics or parameters that may significantly affect CO
                                <E T="52">2</E>
                                 emissions within a vehicle configuration. Note that equivalent test weight is based on a vehicle's Adjusted Loaded Vehicle Weight (rounded to the nearest 500-pound increment for values above 14,000 pounds); see 40 CFR 1066.805.
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Vehicle configuration</E>
                                 means one of the following:
                            </P>
                            <P>
                                (1) For LDV, LDT, and MDPV
                                <E T="52">FE</E>
                                , 
                                <E T="03">vehicle configuration</E>
                                 means a unique combination of basic engine, engine code, inertia weight class, transmission configuration, and axle ratio within a base level.
                            </P>
                            <P>(2) For MDV, vehicle configuration means a subclassification within a test group based on a unique combination of basic engine, engine code, transmission type and gear ratios, final drive ratio, and other parameters we designate.</P>
                            <P/>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>50. Amend § 600.006 by revising paragraphs (c)(5), (e), and (g)(3)(ii) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.006 </SECTNO>
                            <SUBJECT>Data and information requirements for fuel economy data vehicles.</SUBJECT>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>
                                (5) Starting with the 2012 model year, the data submitted according to paragraphs (c)(1) through (4) of this section shall include total HC, CO, CO
                                <E T="52">2</E>
                                , and, where applicable for alternative fuel vehicles, CH
                                <E T="52">3</E>
                                OH, C
                                <E T="52">2</E>
                                H
                                <E T="52">5</E>
                                OH, C
                                <E T="52">2</E>
                                H
                                <E T="52">4</E>
                                O, HCHO, NMHC and CH
                                <E T="52">4</E>
                                .
                            </P>
                            <STARS/>
                            <P>
                                (e) In lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy and CO
                                <E T="52">2</E>
                                 emission values derived from a previously tested vehicle, where the fuel economy and CO
                                <E T="52">2</E>
                                 emissions are expected to be equivalent (or less fuel-efficient and with higher CO
                                <E T="52">2</E>
                                 emissions). Additionally, in lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy and CO
                                <E T="52">2</E>
                                 emission values derived from an analytical expression, 
                                <E T="03">e.g.,</E>
                                 regression analysis. In order for fuel economy and CO
                                <E T="52">2</E>
                                 emission values derived from analytical methods to be accepted, the expression (form and coefficients) must have been approved by the Administrator.
                            </P>
                            <STARS/>
                            <P>(g) * * *</P>
                            <P>(3) * * *</P>
                            <P>
                                (ii)(A) The manufacturer shall adjust all CO
                                <E T="52">2</E>
                                 test data generated by vehicles with engine-drive system combinations with more than 6,200 miles by using the following equation:
                            </P>
                            <FP SOURCE="FP-2">
                                ADJ
                                <E T="52">4,000mi</E>
                                 = TEST[0.979 + 5.25 · 10
                                <E T="51">−6</E>
                                 · (mi)]
                            </FP>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    ADJ
                                    <E T="52">4,000mi</E>
                                     = CO
                                    <E T="52">2</E>
                                     emission data adjusted to 4,000-mile test point.
                                </FP>
                                <FP SOURCE="FP-2">
                                    TEST = Tested emissions value of CO
                                    <E T="52">2</E>
                                     in grams per mile.
                                </FP>
                                <FP SOURCE="FP-2">mi = System miles accumulated at the start of the test rounded to the nearest whole mile.</FP>
                            </EXTRACT>
                            <PRTPAGE P="7769"/>
                            <P>(B) Emissions test values and results used and determined in the calculations in this paragraph (g)(3)(ii) shall be rounded in accordance with § 86.1837 of this chapter as applicable. Round results to the nearest gram per mile.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>51. Amend § 600.007 by revising paragraphs (b)(5) and (6), (c), and (f) introductory text to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.007 </SECTNO>
                            <SUBJECT>Vehicle acceptability.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>
                                (5) The calibration information submitted under § 600.006(b) must be representative of the vehicle configuration for which the fuel economy and CO
                                <E T="52">2</E>
                                 emission data were submitted.
                            </P>
                            <P>
                                (6) Any vehicle tested for fuel economy or CO
                                <E T="52">2</E>
                                 emissions must be representative of a vehicle which the manufacturer intends to produce under the provisions of a certificate of conformity.
                            </P>
                            <STARS/>
                            <P>(c) If, based on review of the information submitted under § 600.006(b), the Administrator determines that a fuel economy data vehicle meets the requirements of this section, the fuel economy data vehicle will be judged to be acceptable and fuel economy data from that fuel economy data vehicle will be reviewed pursuant to § 600.008.</P>
                            <STARS/>
                            <P>(f) All vehicles used to generate fuel economy data, and for which emission standards apply, must be covered by a certificate of conformity under part 86 of this chapter before:</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>52. Amend § 600.008 by revising the section heading and paragraph (a)(1)(ii) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.008 </SECTNO>
                            <SUBJECT>
                                Review of fuel economy and CO
                                <E T="52">2</E>
                                 emission data, testing by the Administrator.
                            </SUBJECT>
                            <P>(a) * * *</P>
                            <P>(1) * * *</P>
                            <P>
                                (ii) The evaluations, testing, and test data described in this section pertaining to fuel economy shall also be performed for CO
                                <E T="52">2</E>
                                 emissions, except that CO
                                <E T="52">2</E>
                                 emissions shall be arithmetically averaged instead of harmonically averaged, and in cases where the manufacturer selects the lowest of several fuel economy results to represent the vehicle, the manufacturer shall select the CO
                                <E T="52">2</E>
                                 emission value from the test results associated with the lowest selected fuel economy results.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>53. Amend § 600.010 by revising paragraphs (c)(1)(ii) and (d) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.010 </SECTNO>
                            <SUBJECT>Vehicle test requirements and minimum data requirements.</SUBJECT>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>(1) * * *</P>
                            <P>(ii)(A) FTP and HFET data from the highest projected model year sales subconfiguration within the highest projected model year sales vehicle configuration for each base level, and</P>
                            <P>(B) If required under § 600.115, for 2011 and later model year vehicles, US06, SC03 and cold temperature FTP data from the highest projected model year sales subconfiguration within the highest projected model year sales vehicle configuration for each base level. Manufacturers may optionally generate this data for any 2008 through 2010 model years and 2011 and later model year vehicles, if not otherwise required.</P>
                            <STARS/>
                            <P>
                                (d) 
                                <E T="03">Minimum data requirements for the manufacturer's average fuel economy.</E>
                                 For the purpose of calculating the manufacturer's average fuel economy under § 600.510, the manufacturer shall submit FTP (city) and HFET (highway) test data representing at least 90 percent of the manufacturer's actual model year production, by vehicle configuration, for each category identified for calculation under § 600.510-12(a)(1).
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart B—Fuel Economy and Exhaust Emission Test Procedures</HD>
                    </SUBPART>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>54. Revise the heading of subpart B as set forth above. </AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>55. Amend § 600.101 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraph (a)(2); and</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (b)(2).</AMDPAR>
                        <P>The revision reads as follows:</P>
                        <SECTION>
                            <SECTNO>§ 600.101 </SECTNO>
                            <SUBJECT>Testing overview.</SUBJECT>
                            <STARS/>
                            <P>(a) * * *</P>
                            <P>(2) Calculate fuel economy values for vehicle subconfigurations, configurations, base levels, and model types as described in §§ 600.206 and 600.208. Calculate fleet average values for fuel economy as described in § 600.510. Note that § 600.510(c) describes how to use CREE to determine fuel consumption improvement values for specific cases.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>56. Amend § 600.111-08 by revising paragraph (h) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.111-08</SECTNO>
                            <SUBJECT>Test procedures.</SUBJECT>
                            <STARS/>
                            <P>
                                (h) 
                                <E T="03">Special test procedures.</E>
                                 We may allow or require you to use procedures other than those specified in this section as described in 40 CFR 1066.10(c). For example, special test procedures may be used for advanced technology vehicles, including, but not limited to fuel cell vehicles, hybrid electric vehicles using hydraulic energy storage, and vehicles equipped with hydrogen internal combustion engines. Additionally, we may conduct fuel economy and exhaust emission testing using the special test procedures approved for a specific vehicle.
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>57. Amend § 600.113-12 by:</AMDPAR>
                        <AMDPAR>a. Revising the section heading, introductory text, and paragraph (g);</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraphs (h)(2), (i)(2), (j)(2), (k)(2), (l)(2), (m)(2);</AMDPAR>
                        <AMDPAR>c. Revising paragraph (n);</AMDPAR>
                        <AMDPAR>d. Removing and reserving paragraph (o)(2); and</AMDPAR>
                        <AMDPAR>e. Revising paragraph (p).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 600.113-12 </SECTNO>
                            <SUBJECT>
                                Fuel economy and CO
                                <E T="0735">2</E>
                                 emission calculations for FTP, HFET, US06, SC03 and cold temperature FTP tests.
                            </SUBJECT>
                            <P>
                                The Administrator will use the calculation procedure set forth in this section for all official EPA testing of vehicles fueled with gasoline, diesel, alcohol-based or natural gas fuel. The calculations of the weighted fuel economy values require input of the weighted grams/mile values for total hydrocarbons (HC), carbon monoxide (CO), and carbon dioxide (CO
                                <E T="52">2</E>
                                ); and, additionally for methanol-fueled automobiles, methanol (CH
                                <E T="52">3</E>
                                OH) and formaldehyde (HCHO); and, additionally for ethanol-fueled automobiles, methanol (CH
                                <E T="52">3</E>
                                OH), ethanol (C
                                <E T="52">2</E>
                                H
                                <E T="52">5</E>
                                OH), acetaldehyde (C
                                <E T="52">2</E>
                                H
                                <E T="52">4</E>
                                O), and formaldehyde (HCHO); and additionally for natural gas-fueled vehicles, non-methane hydrocarbons (NMHC) and methane (CH
                                <E T="52">4</E>
                                ). Emissions shall be determined for the FTP, HFET, US06, SC03, and cold temperature FTP tests. Additionally, the specific gravity, carbon weight fraction and net heating value of the test fuel must be determined. The FTP, HFET, US06, SC03, and cold temperature FTP fuel economy values shall be calculated as specified in this section. An example fuel economy calculation appears in appendix II to this part.
                            </P>
                            <STARS/>
                            <P>
                                (g) Calculate separate FTP, highway, US06, SC03 and Cold temperature FTP fuel economy values from the grams/mile values for total HC, CO, CO
                                <E T="52">2</E>
                                 and, where applicable, CH
                                <E T="52">3</E>
                                OH, C
                                <E T="52">2</E>
                                H
                                <E T="52">5</E>
                                OH, C
                                <E T="52">2</E>
                                H
                                <E T="52">4</E>
                                O, HCHO, NMHC, N
                                <E T="52">2</E>
                                O, and CH
                                <E T="52">4</E>
                                , and the test fuel's specific gravity, carbon weight fraction, net heating 
                                <PRTPAGE P="7770"/>
                                value, and additionally for natural gas, the test fuel's composition.
                            </P>
                            <P>
                                (1) 
                                <E T="03">Emission values for fuel economy calculations.</E>
                                 The emission values (obtained per paragraph (a) through (e) of this section, as applicable) used in the calculations of fuel economy in this section shall be rounded in accordance with § 86.1837 of this chapter. The CO
                                <E T="52">2</E>
                                 values (obtained per this section, as applicable) used in each calculation of fuel economy in this section shall be rounded to the nearest gram/mile.
                            </P>
                            <P>(2) [Reserved]</P>
                            <P>(3) The specific gravity and the carbon mass fraction (obtained per paragraph (f) of this section) shall be recorded using three places to the right of the decimal point. Net heat of combustion shall be recorded using three places to the right of the decimal point if expressed in MJ/kg, or the nearest whole number if expressed in Btu/lb.</P>
                            <STARS/>
                            <P>
                                (n) Manufacturers may use a value of 0 grams CO
                                <E T="52">2</E>
                                 per mile to represent the emissions of electric vehicles and the electric operation of plug-in hybrid electric vehicles derived from electricity generated from sources that are not onboard the vehicle.
                            </P>
                            <STARS/>
                            <P>(p) Equations for fuels other than those specified in this section may be used with advance EPA approval. Alternate calculation methods for fuel economy may be used in lieu of the methods described in this section if shown to yield equivalent or superior results and if approved in advance by the Administrator.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>58. Amend § 600.114-12 by revising the section heading and introductory text to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.114-12 </SECTNO>
                            <SUBJECT>
                                Vehicle-specific 5-cycle fuel economy CO
                                <E T="0735">2</E>
                                 emission calculations.
                            </SUBJECT>
                            <P>
                                Paragraphs (a) through (f) of this section apply to data used for fuel economy labeling under subpart D of this part. Paragraphs (d) through (f) of this section are used to calculate 5-cycle carbon-related exhaust emission values for the purpose of determining optional credits for CO
                                <E T="52">2</E>
                                -reducing technologies under § 86.1869-12 of this chapter and to calculate 5-cycle CO
                                <E T="52">2</E>
                                 values for the purpose of fuel economy labeling under subpart D of this part.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>59. Amend § 600.116-12 by revising paragraphs (a)(11)(iii)(E), (c) introductory text, (c)(1), (c)(2), (c)(5), and (c)(6)(iii) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.116-12</SECTNO>
                            <SUBJECT>Special procedures related to electric vehicles and hybrid electric vehicles.</SUBJECT>
                            <P>(a) * * *</P>
                            <P>(11) * * *</P>
                            <P>(iii) * * *</P>
                            <P>(E) A description of each test group and vehicle configuration that will use the 5-cycle adjustment factor, including the battery capacity of the vehicle used to generate the 5-cycle adjustment factor and the battery capacity of all the vehicle configurations to which it will be applied.</P>
                            <STARS/>
                            <P>(c) Determine performance values for hybrid electric vehicles that have plug-in capability as specified in §§ 600.210 and 600.311 using the procedures of SAE J1711 (incorporated by reference, see § 600.011), with the following clarifications and modifications:</P>
                            <P>(1) Calculate fuel economy values representing combined operation during charge-depleting and charge-sustaining operation using the following utility factors, except as otherwise specified in this paragraph (c):</P>
                            <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,16,16">
                                <TTITLE>
                                    Table 1 to Paragraph (
                                    <E T="01">c)(1)</E>
                                    —Fleet Utility Factors for Urban “City” Driving
                                </TTITLE>
                                <BOXHD>
                                    <CHED H="1">Schedule range for UDDS phases, miles</CHED>
                                    <CHED H="1">Cumulative UF</CHED>
                                    <CHED H="1">Sequential UF</CHED>
                                </BOXHD>
                                <ROW>
                                    <ENT I="01">3.59</ENT>
                                    <ENT>0.125</ENT>
                                    <ENT>0.125</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">7.45</ENT>
                                    <ENT>0.243</ENT>
                                    <ENT>0.117</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">11.04</ENT>
                                    <ENT>0.338</ENT>
                                    <ENT>0.095</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">14.90</ENT>
                                    <ENT>0.426</ENT>
                                    <ENT>0.088</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">18.49</ENT>
                                    <ENT>0.497</ENT>
                                    <ENT>0.071</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">22.35</ENT>
                                    <ENT>0.563</ENT>
                                    <ENT>0.066</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">25.94</ENT>
                                    <ENT>0.616</ENT>
                                    <ENT>0.053</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">29.80</ENT>
                                    <ENT>0.666</ENT>
                                    <ENT>0.049</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">33.39</ENT>
                                    <ENT>0.705</ENT>
                                    <ENT>0.040</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">37.25</ENT>
                                    <ENT>0.742</ENT>
                                    <ENT>0.037</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">40.84</ENT>
                                    <ENT>0.772</ENT>
                                    <ENT>0.030</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">44.70</ENT>
                                    <ENT>0.800</ENT>
                                    <ENT>0.028</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">48.29</ENT>
                                    <ENT>0.822</ENT>
                                    <ENT>0.022</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">52.15</ENT>
                                    <ENT>0.843</ENT>
                                    <ENT>0.021</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">55.74</ENT>
                                    <ENT>0.859</ENT>
                                    <ENT>0.017</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">59.60</ENT>
                                    <ENT>0.875</ENT>
                                    <ENT>0.016</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">63.19</ENT>
                                    <ENT>0.888</ENT>
                                    <ENT>0.013</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">67.05</ENT>
                                    <ENT>0.900</ENT>
                                    <ENT>0.012</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">70.64</ENT>
                                    <ENT>0.909</ENT>
                                    <ENT>0.010</ENT>
                                </ROW>
                            </GPOTABLE>
                            <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,16,16">
                                <TTITLE>
                                    Table 2 to Paragraph (
                                    <E T="01">c)(1)</E>
                                    —Fleet Utility Factors for Highway Driving
                                </TTITLE>
                                <BOXHD>
                                    <CHED H="1">Schedule range for HFET, miles</CHED>
                                    <CHED H="1">Cumulative UF</CHED>
                                    <CHED H="1">Sequential UF</CHED>
                                </BOXHD>
                                <ROW>
                                    <ENT I="01">10.3</ENT>
                                    <ENT>0.123</ENT>
                                    <ENT>0.123</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">20.6</ENT>
                                    <ENT>0.240</ENT>
                                    <ENT>0.117</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">30.9</ENT>
                                    <ENT>0.345</ENT>
                                    <ENT>0.105</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">41.2</ENT>
                                    <ENT>0.437</ENT>
                                    <ENT>0.092</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">51.5</ENT>
                                    <ENT>0.516</ENT>
                                    <ENT>0.079</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">61.8</ENT>
                                    <ENT>0.583</ENT>
                                    <ENT>0.067</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">72.1</ENT>
                                    <ENT>0.639</ENT>
                                    <ENT>0.056</ENT>
                                </ROW>
                            </GPOTABLE>
                            <PRTPAGE P="7771"/>
                            <P>(2) Determine fuel economy values to demonstrate compliance with CAFE standards as follows:</P>
                            <P>(i) For vehicles that are not dual fueled automobiles, determine fuel economy using the utility factors specified in paragraph (c)(1) of this section. Do not use the petroleum-equivalence factors described in 10 CFR 474.3.</P>
                            <P>(ii) Except as described in paragraph (c)(2)(iii) of this section, determine fuel economy for dual fueled automobiles from the following equation, separately for city and highway driving:</P>
                            <HD SOURCE="HD3">Equation 2 to Paragraph (c)(2)(ii)</HD>
                            <GPH SPAN="3" DEEP="58">
                                <GID>ER18FE26.022</GID>
                            </GPH>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    MPG
                                    <E T="52">gas</E>
                                     = The miles per gallon measured while operating on gasoline during charge-sustaining operation as determined using the procedures of SAE J1711.
                                </FP>
                                <FP SOURCE="FP-2">
                                    MPGe
                                    <E T="52">elec</E>
                                     = The miles per gallon equivalent measured while operating on electricity. Calculate this value by dividing the equivalent all-electric range determined from the equation in § 86.1866-12(b)(2)(ii) by the corresponding measured Watt-hours of energy consumed; apply the appropriate petroleum-equivalence factor from 10 CFR 474.3 to convert Watt-hours to gallons equivalent. Note that if vehicles use no gasoline during charge-depleting operation, MPGe
                                    <E T="52">elec</E>
                                     is the same as the charge-depleting fuel economy specified in SAE J1711.
                                </FP>
                            </EXTRACT>
                            <P>(iii) For 2016 and later model year dual fueled automobiles, you may determine fuel economy based on the following equation, separately for city and highway driving:</P>
                            <HD SOURCE="HD3">Equation 3 to Paragraph (c)(2)(iii)</HD>
                            <GPH SPAN="1" DEEP="54">
                                <GID>ER18FE26.023</GID>
                            </GPH>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">UF</E>
                                     = The appropriate utility factor for city or highway driving specified in paragraph (c)(1) of this section.
                                </FP>
                            </EXTRACT>
                            <STARS/>
                            <P>(5) Instead of the utility factors specified in paragraphs (c)(1) through (3) of this section, calculate utility factors using the following equation for vehicles whose maximum speed is less than the maximum speed specified in the driving schedule, where the vehicle's maximum speed is determined, to the nearest 0.1 mph, from observing the highest speed over the first duty cycle (FTP, HFET, etc.):</P>
                            <HD SOURCE="HD3">Equation 4 to Paragraph (c)(5)</HD>
                            <GPH SPAN="3" DEEP="34">
                                <GID>ER18FE26.024</GID>
                            </GPH>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">UF</E>
                                    <E T="52">i</E>
                                     = the utility factor for phase 
                                    <E T="03">i.</E>
                                     Let UF
                                    <E T="52">0</E>
                                     = 0.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">j</E>
                                     = a counter to identify the appropriate term in the summation (with terms numbered consecutively).
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">k</E>
                                     = the number of terms in the equation (see Table 5 of this section).
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">d</E>
                                    <E T="52">i</E>
                                     = the distance driven in phase 
                                    <E T="03">i.</E>
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">ND</E>
                                     = the normalized distance. Use 
                                    <E T="03">ND</E>
                                     = 399 for all types of driving, and for both CAFE fleet values and multi-day individual values for labeling.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">C</E>
                                    <E T="52">j</E>
                                     = the coefficient for term 
                                    <E T="03">j</E>
                                     from the following table:
                                </FP>
                                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s100,12,12,20">
                                    <TTITLE>
                                        Table 5 to Paragraph (
                                        <E T="01">c</E>
                                        )(5)—City/Highway Specific Utility Factor Coefficients
                                    </TTITLE>
                                    <BOXHD>
                                        <CHED H="1">
                                            <E T="03">j</E>
                                        </CHED>
                                        <CHED H="1">Fleet values for CAFE</CHED>
                                        <CHED H="2">City</CHED>
                                        <CHED H="2">Highway</CHED>
                                        <CHED H="1">
                                            Multi-day individual 
                                            <LI>values for labeling</LI>
                                        </CHED>
                                        <CHED H="2">City or highway</CHED>
                                    </BOXHD>
                                    <ROW>
                                        <ENT I="01">1</ENT>
                                        <ENT>14.86</ENT>
                                        <ENT>4.8</ENT>
                                        <ENT>13.1</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">2</ENT>
                                        <ENT>2.965</ENT>
                                        <ENT>13</ENT>
                                        <ENT>−18.7</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">3</ENT>
                                        <ENT>−84.05</ENT>
                                        <ENT>−65</ENT>
                                        <ENT>5.22</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">4</ENT>
                                        <ENT>153.7</ENT>
                                        <ENT>120</ENT>
                                        <ENT>8.15</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">5</ENT>
                                        <ENT>−43.59</ENT>
                                        <ENT>−100.00</ENT>
                                        <ENT>3.53</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">6</ENT>
                                        <ENT>−96.94</ENT>
                                        <ENT>31.00</ENT>
                                        <ENT>−1.34</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">7</ENT>
                                        <ENT>14.47</ENT>
                                        <ENT/>
                                        <ENT>−4.01</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">8</ENT>
                                        <ENT>91.70</ENT>
                                        <ENT/>
                                        <ENT>−3.90</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">9</ENT>
                                        <ENT>−46.36</ENT>
                                        <ENT/>
                                        <ENT>−1.15</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">10</ENT>
                                        <ENT/>
                                        <ENT/>
                                        <ENT>3.88</ENT>
                                    </ROW>
                                </GPOTABLE>
                                <FP SOURCE="FP-2">
                                    <E T="03">n</E>
                                     = the number of test phases (or bag measurements) before the vehicle reaches the end-of-test criterion.
                                </FP>
                            </EXTRACT>
                            <P>(6) * * *</P>
                            <P>
                                (iii) For charge-sustaining tests, we may approve alternate Net Energy Change/Fuel Ratio tolerances as specified in Appendix C of SAE J1711 to correct final fuel economy values and CO
                                <E T="52">2</E>
                                 emissions. For charge-sustaining tests, do not use alternate Net Energy Change/Fuel Ratio tolerances to correct emissions of criteria pollutants. Additionally, if we approve an alternate 
                                <PRTPAGE P="7772"/>
                                End-of-Test criterion or Net Energy Change/Fuel Ratio tolerances for a specific vehicle, we may use the alternate criterion or tolerances for any testing we conduct on that vehicle.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>60. Amend § 600.117 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraph (a)(1);</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (a)(5); and</AMDPAR>
                        <AMDPAR>c. Revising paragraphs (a)(6) and (b) to read as follows:</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 600.117 </SECTNO>
                            <SUBJECT>Interim provisions.</SUBJECT>
                            <P>(a) * * *</P>
                            <P>(1) Except as specified in paragraphs (a)(5) and (6) of this section, manufacturers must determine fuel economy values using E0 gasoline test fuel as specified in 40 CFR 86.113-04(a)(1), regardless of any testing with E10 test fuel specified in 40 CFR 1065.710(b) under paragraph (a)(2) of this section.</P>
                            <STARS/>
                            <P>
                                (6) Manufacturers may alternatively determine fuel economy values using E10 gasoline test fuel as specified in 40 CFR 1065.710(b). Calculate fuel economy using the equation specified in § 600.113-12(o)(1) based on measured CO
                                <E T="52">2</E>
                                 results without adjusting to account for fuel effects.
                            </P>
                            <STARS/>
                            <P>
                                (b) For model years 2027 through 2029, manufacturers may determine fuel economy values using data with E0 test fuel from testing for earlier model years, subject to the carryover provisions of 40 CFR 86.1839 and § 600.006. Calculate fuel economy using the equation specified in § 600.113-12(h)(1) based on measured CO
                                <E T="52">2</E>
                                 results without adjusting to account for fuel effects.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>61. Amend § 600.206-12 by revising paragraphs (a) introductory text, (a)(4) introductory text, (b), and (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.206-12</SECTNO>
                            <SUBJECT>
                                Calculation and use of FTP-based and HFET-based fuel economy, CO
                                <E T="0735">2</E>
                                 emissions, and carbon-related exhaust emission values for vehicle configurations.
                            </SUBJECT>
                            <P>
                                (a) Fuel economy, CO
                                <E T="52">2</E>
                                 emissions, and carbon-related exhaust emissions values determined for each vehicle under § 600.113-12(a) and (b) and as approved in § 600.008(c), are used to determine FTP-based city, HFET-based highway, and combined FTP/Highway-based fuel economy, CO
                                <E T="52">2</E>
                                 emissions, and carbon-related exhaust emission values for each vehicle configuration for which data are available. Note that fuel economy for some alternative fuel vehicles may mean miles per gasoline gallon equivalent and/or miles per unit of fuel consumed. For example, electric vehicles will determine miles per kilowatt-hour in addition to miles per gasoline gallon equivalent, and fuel cell vehicles will determine miles per kilogram of hydrogen.
                            </P>
                            <STARS/>
                            <P>
                                (4) For alcohol dual fuel automobiles and natural gas dual fuel automobiles the procedures of paragraphs (a)(1) or (2) of this section, as applicable, shall be used to calculate two separate sets of FTP-based city, HFET-based highway, and combined values for fuel economy, CO
                                <E T="52">2</E>
                                 emissions, and carbon-related exhaust emissions for each vehicle configuration.
                            </P>
                            <STARS/>
                            <P>(b) If only one equivalent petroleum-based fuel economy value exists for an electric vehicle configuration, that value, rounded to the nearest tenth of a mile per gallon, will comprise the petroleum-based fuel economy for that vehicle configuration.</P>
                            <P>(c) If more than one equivalent petroleum-based fuel economy value exists for an electric vehicle configuration, all values for that vehicle configuration are harmonically averaged and rounded to the nearest 0.0001 mile per gallon for that vehicle configuration.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>62. Amend § 600.207-12 by revising paragraphs (a)(1), (a)(4) introductory text, (b), and (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.207-12</SECTNO>
                            <SUBJECT>
                                Calculation and use of vehicle-specific 5-cycle-based fuel economy and CO
                                <E T="0735">2</E>
                                 emission values for vehicle configurations.
                            </SUBJECT>
                            <P>(a) * * *</P>
                            <P>
                                (1) If only one set of 5-cycle city and highway fuel economy and CO
                                <E T="52">2</E>
                                 emission values is accepted for a vehicle configuration, these values, where fuel economy is rounded to the nearest 0.0001 of a mile per gallon and the CO
                                <E T="52">2</E>
                                 emission value in grams per mile is rounded to the nearest tenth of a gram per mile, comprise the city and highway fuel economy and CO
                                <E T="52">2</E>
                                 emission values for that vehicle configuration. Note that the appropriate vehicle-specific CO
                                <E T="52">2</E>
                                 values for fuel economy labels based on 5-cycle testing with E10 test fuel are adjusted as described in § 600.114-12.
                            </P>
                            <STARS/>
                            <P>
                                (4) For alcohol dual fuel automobiles and natural gas dual fuel automobiles, the procedures of paragraphs (a)(1) and (2) of this section shall be used to calculate two separate sets of 5-cycle city and highway fuel economy and CO
                                <E T="52">2</E>
                                 emission values for each vehicle configuration.
                            </P>
                            <STARS/>
                            <P>(b) If only one equivalent petroleum-based fuel economy value exists for an electric vehicle configuration, that value, rounded to the nearest tenth of a mile per gallon, will comprise the petroleum-based 5-cycle fuel economy for that vehicle configuration.</P>
                            <P>(c) If more than one equivalent petroleum-based 5-cycle fuel economy value exists for an electric vehicle configuration, all values for that vehicle configuration are harmonically averaged and rounded to the nearest 0.0001 mile per gallon for that vehicle configuration.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>63. Amend § 600.210-12 by revising paragraph (b) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.210-12 </SECTNO>
                            <SUBJECT>
                                Calculation of fuel economy and CO
                                <E T="0735">2</E>
                                 emission values for labeling.
                            </SUBJECT>
                            <STARS/>
                            <P>
                                (b) 
                                <E T="03">Specific labels.</E>
                                 Except as specified in paragraphs (d) and (e) of this section, fuel economy and CO
                                <E T="52">2</E>
                                 emissions for specific labels may be determined by one of two methods. The first is based on vehicle-specific vehicle configuration 5-cycle data as determined in § 600.207. This method is available for all vehicles and is required for vehicles that do not qualify for the second method as described in § 600.115 (other than electric vehicles). The second method, the derived 5-cycle method, determines fuel economy and CO
                                <E T="52">2</E>
                                 emissions values from the FTP and HFET tests using equations that are derived from vehicle-specific 5-cycle vehicle configuration data, as determined in paragraph (b)(2) of this section. Manufacturers may voluntarily lower fuel economy values and raise CO
                                <E T="52">2</E>
                                 values if they determine that the label values from either method are not representative of the fuel economy or CO
                                <E T="52">2</E>
                                 emissions for that model type.
                            </P>
                            <P>
                                (1) 
                                <E T="03">Vehicle-specific 5-cycle labels.</E>
                                 The city and highway vehicle configuration fuel economy determined in § 600.207, rounded to the nearest mpg, and the city and highway vehicle configuration CO
                                <E T="52">2</E>
                                 emissions determined in § 600.207, rounded to the nearest gram per mile, comprise the fuel economy and CO
                                <E T="52">2</E>
                                 emission values for specific fuel economy labels, or, alternatively;
                            </P>
                            <P>
                                (2) 
                                <E T="03">Derived 5-cycle labels.</E>
                                 Specific city and highway label values from derived 5-cycle are determined according to the following method:
                            </P>
                            <P>(i)(A) Determine the derived five-cycle city fuel economy of the vehicle configuration using the equation below and coefficients determined by the Administrator:</P>
                            <GPH SPAN="3" DEEP="67">
                                <PRTPAGE P="7773"/>
                                <GID>ER18FE26.025</GID>
                            </GPH>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">City Intercept = Intercept determined by the Administrator based on historic vehicle-specific 5-cycle city fuel economy data.</FP>
                                <FP SOURCE="FP-2">City Slope = Slope determined by the Administrator based on historic vehicle-specific 5-cycle city fuel economy data.</FP>
                                <FP SOURCE="FP-2">Config FTP FE = the vehicle configuration FTP-based city fuel economy determined under § 600.206, rounded to the nearest 0.0001 mpg.</FP>
                            </EXTRACT>
                            <P>
                                (B) Determine the derived five-cycle city CO
                                <E T="52">2</E>
                                 emissions of the vehicle configuration using the equation below and coefficients determined by the Administrator:
                            </P>
                            <FP SOURCE="FP-2">
                                Derived 5-cycle City CO
                                <E T="52">2</E>
                                 = City Intercept + City Slope · Config FTP CO
                                <E T="52">2</E>
                            </FP>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">City Intercept = Intercept determined by the Administrator based on historic vehicle-specific 5-cycle city fuel economy data.</FP>
                                <FP SOURCE="FP-2">City Slope = Slope determined by the Administrator based on historic vehicle-specific 5-cycle city fuel economy data.</FP>
                                <FP SOURCE="FP-2">
                                    Config FTP CO
                                    <E T="52">2</E>
                                     = the vehicle configuration FTP-based city CO
                                    <E T="52">2</E>
                                     emissions determined under § 600.206, rounded to the nearest 0.1 grams per mile. Note that the appropriate Config FTP CO
                                    <E T="52">2</E>
                                     input values for fuel economy labels based on testing with E10 test fuel are adjusted as referenced in § 600.206-12(a)(2)(iii).
                                </FP>
                            </EXTRACT>
                            <P>(ii)(A) Determine the derived five-cycle highway fuel economy of the vehicle configuration using the equation below and coefficients determined by the Administrator:</P>
                            <GPH SPAN="3" DEEP="61">
                                <GID>ER18FE26.026</GID>
                            </GPH>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">Highway Intercept = Intercept determined by the Administrator based on historic vehicle-specific 5-cycle highway fuel economy data.</FP>
                                <FP SOURCE="FP-2">Highway Slope = Slope determined by the Administrator based on historic vehicle-specific 5-cycle highway fuel economy data.</FP>
                                <FP SOURCE="FP-2">Config HFET FE = the vehicle configuration highway fuel economy determined under § 600.206, rounded to the nearest tenth.</FP>
                            </EXTRACT>
                            <P>
                                (B) Determine the derived five-cycle highway CO
                                <E T="52">2</E>
                                 emissions of the vehicle configuration using the equation below and coefficients determined by the Administrator:
                            </P>
                            <FP SOURCE="FP-2">
                                <E T="03">Derived 5-cycle city Highway CO</E>
                                <E T="54">2</E>
                                 = 
                                <E T="03">Highway Intercept + Highway Slope · Config HFET CO</E>
                                <E T="54">2</E>
                            </FP>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Highway Intercept</E>
                                     = Intercept determined by the Administrator based on historic vehicle-specific 5-cycle highway fuel economy data.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Highway Slope</E>
                                     = Slope determined by the Administrator based on historic vehicle-specific 5-cycle highway fuel economy data.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Config HFET CO</E>
                                    <E T="52">2</E>
                                     = the vehicle configuration highway fuel economy determined under § 600.206, rounded to the nearest tenth. Note that the appropriate Config HFET CO
                                    <E T="52">2</E>
                                     input values for fuel economy labels based on testing with E10 test fuel are adjusted as referenced in § 600.206-12(a)(2)(iii).
                                </FP>
                            </EXTRACT>
                            <P>(iii) The slopes and intercepts of paragraph (a)(2)(iii) of this section apply.</P>
                            <P>
                                (3) 
                                <E T="03">Specific alternative fuel economy and CO</E>
                                <E T="52">2</E>
                                <E T="03">emissions label values for dual fuel vehicles.</E>
                                 (i) Determine an alternative fuel label value for dual fuel vehicles, rounded to the nearest whole number, as follows:
                            </P>
                            <P>(A) Specific city and highway fuel economy label values for dual fuel alcohol-based and natural gas vehicles when using the alternative fuel are separately determined by the following calculation:</P>
                            <GPH SPAN="3" DEEP="30">
                                <GID>ER18FE26.027</GID>
                            </GPH>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    FE
                                    <E T="52">alt</E>
                                     = The unrounded FTP-based vehicle configuration city or HFET-based vehicle configuration highway fuel economy from the alternative fuel, as determined in § 600.206.
                                </FP>
                                <FP SOURCE="FP-2">
                                    5cycle FE
                                    <E T="52">gas</E>
                                     = The unrounded vehicle-specific or derived 5-cycle vehicle configuration city or highway fuel economy as determined in paragraph (b)(1) or (2) of this section.
                                </FP>
                                <FP SOURCE="FP-2">
                                    FE
                                    <E T="52">gas</E>
                                     = The unrounded FTP-based city or HFET-based vehicle configuration highway fuel economy from gasoline, as determined in § 600.206.
                                </FP>
                            </EXTRACT>
                            <P>
                                (B) Specific city and highway CO
                                <E T="52">2</E>
                                 emission label values for dual fuel alcohol-based and natural gas vehicles when using the alternative fuel are separately determined by the following calculation:
                            </P>
                            <GPH SPAN="3" DEEP="30">
                                <GID>ER18FE26.028</GID>
                            </GPH>
                            <EXTRACT>
                                <PRTPAGE P="7774"/>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    CO2
                                    <E T="52">alt</E>
                                     = The unrounded FTP-based vehicle configuration city or HFET-based vehicle configuration highway CO
                                    <E T="52">2</E>
                                     emissions value from the alternative fuel, as determined in § 600.206.
                                </FP>
                                <FP SOURCE="FP-2">
                                    5cycle CO2
                                    <E T="52">gas</E>
                                     = The unrounded vehicle-specific or derived 5-cycle vehicle configuration city or highway CO
                                    <E T="52">2</E>
                                     emissions value as determined in paragraph (b)(1) or (b)(2) of this section.
                                </FP>
                                <FP SOURCE="FP-2">
                                    CO2
                                    <E T="52">gas</E>
                                     = The unrounded FTP-based city or HFET-based vehicle configuration highway CO
                                    <E T="52">2</E>
                                     emissions value from gasoline, as determined in § 600.206.
                                </FP>
                            </EXTRACT>
                            <P>
                                (ii) Optionally, if complete 5-cycle testing has been performed using the alternative fuel, the manufacturer may choose to use the alternative fuel label city or highway fuel economy and CO
                                <E T="52">2</E>
                                 emission values determined in § 600.207-12(a)(4)(ii), rounded to the nearest whole number.
                            </P>
                            <P>
                                (4) 
                                <E T="03">Specific alternative fuel economy and CO</E>
                                <E T="52">2</E>
                                  
                                <E T="03">emissions label values for electric vehicles.</E>
                                 Determine FTP-based city and HFET-based highway fuel economy label values for electric vehicles as described in § 600.116. Determine these values by running the appropriate repeat test cycles. Convert W-hour/mile results to miles per kW-hr and miles per gasoline gallon equivalent. CO
                                <E T="52">2</E>
                                 label information is based on tailpipe emissions only, so CO
                                <E T="52">2</E>
                                 emissions from electric vehicles are assumed to be zero.
                            </P>
                            <P>
                                (5) 
                                <E T="03">Specific alternate fuel economy and CO</E>
                                <E T="52">2</E>
                                  
                                <E T="03">emissions label values for fuel cell vehicles.</E>
                                 Determine FTP-based city and HFET-based highway fuel economy label values for fuel cell vehicles using procedures specified by the Administrator. Convert kilograms of hydrogen/mile results to miles per kilogram of hydrogen and miles per gasoline gallon equivalent. CO
                                <E T="52">2</E>
                                 label information is based on tailpipe emissions only, so CO
                                <E T="52">2</E>
                                 emissions from fuel cell vehicles are assumed to be zero.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart F—Procedures for Determining Manufacturer's Average Fuel Economy </HD>
                    </SUBPART>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>64. Revise the heading of subpart F as set forth above.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>65. Amend § 600.507-12 by revising paragraphs (a) introductory text, (b), and (d) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.507-12</SECTNO>
                            <SUBJECT>Running change data requirements.</SUBJECT>
                            <P>(a) Except as specified in paragraph (d) of this section, the manufacturer shall submit additional running change fuel economy data as specified in paragraph (b) of this section for any running change approved or implemented under § 86.1842 of this chapter, which:</P>
                            <STARS/>
                            <P>(b)(1) The additional running change fuel economy data requirement in paragraph (a) of this section will be determined based on the sales of the vehicle configurations in the created or affected base level(s) as updated at the time of running change approval.</P>
                            <P>(2) Within each newly created base level as specified in paragraph (a)(1) of this section, the manufacturer shall submit data from the highest projected total model year sales subconfiguration within the highest projected total model year sales vehicle configuration in the base level.</P>
                            <P>(3) Within each base level affected by a running change as specified in paragraph (a)(2) of this section, fuel economy data shall be submitted for the vehicle configuration created or affected by the running change which has the highest total model year projected sales. The test vehicle shall be of the subconfiguration created by the running change which has the highest projected total model year sales within the applicable vehicle configuration.</P>
                            <STARS/>
                            <P>(d) For those model types created under § 600.208-12(a)(2), the manufacturer shall submit fuel economy data for each subconfiguration added by a running change.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>66. Revise § 600.509-12 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 600.509-12</SECTNO>
                            <SUBJECT>Voluntary submission of additional data.</SUBJECT>
                            <P>(a) The manufacturer may optionally submit data in addition to the data required by the Administrator.</P>
                            <P>(b) Additional fuel economy data may be submitted by the manufacturer for any vehicle configuration which is to be tested as required in § 600.507 or for which fuel economy data were previously submitted under paragraph (c) of this section.</P>
                            <P>(c) Within a base level, additional fuel economy data may be submitted by the manufacturer for any vehicle configuration which is not required to be tested by § 600.507.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>67. Amend § 600.510-12 by:</AMDPAR>
                        <AMDPAR>a. Revising the section heading;</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (a)(2);</AMDPAR>
                        <AMDPAR>c. Revising paragraphs (b) and (g)(1) introductory text; and</AMDPAR>
                        <AMDPAR>d. Removing paragraphs (i), (j), and (k).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 600.510-12</SECTNO>
                            <SUBJECT>Calculation of average fuel economy.</SUBJECT>
                            <STARS/>
                            <P>(b) For the purpose of calculating average fuel economy under paragraph (c) of this section:</P>
                            <P>(1) All fuel economy data submitted in accordance with § 600.006(e) or § 600.512(c) shall be used.</P>
                            <P>(2) The combined city/highway fuel economy values will be calculated for each model type in accordance with § 600.208, with the following exceptions:</P>
                            <P>(i) Separate fuel economy values will be calculated for model types and base levels associated with car lines for each category of passenger automobiles and light trucks as determined by the Secretary of Transportation pursuant to paragraph (a)(1) of this section.</P>
                            <P>(ii) Total model year production data, as required by this subpart, will be used instead of sales projections.</P>
                            <P>(iii) The fuel economy value will be rounded to the nearest 0.1 mpg; and</P>
                            <P>(iv) At the manufacturer's option, those vehicle configurations that are self-compensating to altitude changes may be separated by sales into high-altitude sales categories and low-altitude sales categories. These separate sales categories may then be treated (only for the purpose of this section) as separate vehicle configurations in accordance with the procedure of § 600.208-12(a)(4)(ii).</P>
                            <P>(3) The fuel economy values for each vehicle configuration are the combined fuel economy calculated according to § 600.206-12(a)(3), with the following exceptions:</P>
                            <P>(i) Separate fuel economy values will be calculated for vehicle configurations associated with car lines for each category of passenger automobiles and light trucks as determined by the Secretary of Transportation pursuant to paragraph (a)(1) of this section; and</P>
                            <P>(ii) Total model year production data, as required by this subpart will be used instead of sales projections.</P>
                            <STARS/>
                            <P>(g)(1) Dual fuel automobiles must provide equal or greater energy efficiency while operating on the alternative fuel as while operating on gasoline or diesel fuel to obtain the CAFE credit determined in paragraphs (c)(2)(iv) and (v) of this section. The following equation must hold true:</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>68. Amend § 600.512-12 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraph (a) introductory text;</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraphs (a)(2), (c)(1)(ii), and (c)(2)(ii);</AMDPAR>
                        <AMDPAR>
                            c. Revising paragraph (c)(3);
                            <PRTPAGE P="7775"/>
                        </AMDPAR>
                        <AMDPAR>d. Removing and reserving paragraphs (c)(4)(ii) and (c)(5)(ii); and</AMDPAR>
                        <AMDPAR>e. Removing paragraph (c)(11).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 600.512-12</SECTNO>
                            <SUBJECT>Model year report.</SUBJECT>
                            <P>(a) For each model year, the manufacturer shall submit to the Administrator a report, known as the model year report, containing all information necessary for the calculation of the manufacturer's average fuel economy.</P>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>(3)(i) For manufacturers calculating air conditioning efficiency credits in support of fuel consumption improvement values under § 600.510(c), a description of the air conditioning system and the total credits earned for each averaging set, model year, and region, as applicable.</P>
                            <P>(ii) Any additional fuel economy data submitted by the manufacturer under § 600.509;</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 600.514-12 </SECTNO>
                        <SUBJECT>[Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="600">
                        <AMDPAR>69. Remove § 600.514-12.</AMDPAR>
                        <PART>
                            <HD SOURCE="HED">PART 1036—CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES</HD>
                        </PART>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>70. The authority citation for part 1036 continues to read as follows:</AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority: </HD>
                            <P>42 U.S.C. 7401-7671q.</P>
                        </AUTH>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>71. Amend § 1036.1 by revising paragraph (a) introductory text and adding paragraph (e) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.1 </SECTNO>
                            <SUBJECT>Applicability.</SUBJECT>
                            <P>
                                (a) Except as specified in § 1036.5, the provisions of this part apply for engines that will be installed in heavy-duty vehicles (including glider vehicles). Heavy-duty engines produced before December 20, 2026 are subject to exhaust emission standards for NO
                                <E T="52">X</E>
                                , HC, PM, and CO, and related provisions under 40 CFR part 86, subpart A and subpart N, instead of this part, except as follows:
                            </P>
                            <STARS/>
                            <P>
                                (e) This part establishes criteria pollutant standards as described in § 1036.101. This part does not establish standards for CO
                                <E T="52">2</E>
                                 or other greenhouse gas emissions, but it includes certification and testing provisions related to CO
                                <E T="52">2</E>
                                 emissions to support the fuel consumption standards for heavy-duty engines adopted by the Department of Transportation's National Highway Traffic and Safety Administration (NHTSA) under 49 CFR part 535. 
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>72. Amend § 1036.5 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraph (a); and</AMDPAR>
                        <AMDPAR>b. Removing paragraph (e).</AMDPAR>
                        <P>The revision reads as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1036.5 </SECTNO>
                            <SUBJECT>Excluded engines.</SUBJECT>
                            <P>(a) The provisions of this part do not apply to engines used in medium-duty passenger vehicles or other heavy-duty vehicles that are subject to regulation under 40 CFR part 86, subpart S, except as specified in 40 CFR part 86, subpart S. For example, this exclusion applies for engines used in incomplete vehicles or high-GCWR vehicles certified to vehicle-based standards as described in 40 CFR 86.1801-12.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>73. Amend § 1036.15 by revising paragraph (b) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.15 </SECTNO>
                            <SUBJECT>Other applicable regulations.</SUBJECT>
                            <STARS/>
                            <P>(b) Part 1037 of this chapter describes emission standards and other requirements for heavy-duty vehicles, whether or not they use engines certified under this part.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>74. Amend § 1036.101 by revising paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.101 </SECTNO>
                            <SUBJECT>Overview of exhaust emission standards.</SUBJECT>
                            <P>
                                (a) You must show that engines meet the criteria pollutant standards for NO
                                <E T="52">X</E>
                                , HC, PM, and CO as described in § 1036.104. These pollutants are sometimes described collectively as “criteria pollutants” because they are either criteria pollutants under the Clean Air Act or precursors to the criteria pollutants ozone and PM.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1036.108 </SECTNO>
                        <SUBJECT>[Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>75. Remove § 1036.108.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>76. Amend § 1036.110 by adding paragraphs (b)(14) through (18) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.110 </SECTNO>
                            <SUBJECT>Onboard diagnostics.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>(14) The definition of “Active Technology” in 13 CCR 1971.1(c) does not apply.</P>
                            <P>(15) The standardization requirements in 13 CCR 1971.1(h)(5.4) do not apply.</P>
                            <P>(16) The data storage requirements in 13 CCR 1971.1(h)(6.1) related to the standardization requirements in 13 CCR 1971.1(h)(5.4) do not apply.</P>
                            <P>(17) The certification documentation requirement related to “Active Technology” in 13 CCR 1971.1(j)(2.32) does not apply.</P>
                            <P>
                                (18) The monitoring system demonstration requirements in 13 CCR 1971.1(i)(4.3.2)(C) related to CO
                                <E T="52">2</E>
                                 emission data does not apply.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>77. Amend § 1036.115 by revising paragraph (b) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.115 </SECTNO>
                            <SUBJECT>Other requirements.</SUBJECT>
                            <STARS/>
                            <P>
                                (b) 
                                <E T="03">Fuel mapping.</E>
                                 Fuel mapping for your engine in support of NHTSA's fuel consumption standards are described in § 1036.505(b).
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>78. Amend § 1036.130 by revising paragraph (b)(5) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.130 </SECTNO>
                            <SUBJECT>Installation instructions for vehicle manufacturers.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>(5) Describe how your certification is limited for any type of application. For example, if you certify engines only for use in emergency vehicles, you must make clear that the engine may only be installed in emergency vehicles.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>79. Amend § 1036.135 by revising paragraph (c)(9) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.135 </SECTNO>
                            <SUBJECT>Labeling.</SUBJECT>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>(9) Identify any limitations on your certification. For example, if you certify engines with one or more approved AECDs for emergency vehicle applications under § 1036.115(h)(4), include the statement: “THIS ENGINE IS FOR INSTALLATION IN EMERGENCY VEHICLES ONLY”.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>80. Revise and republish § 1036.150 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.150 </SECTNO>
                            <SUBJECT>Interim provisions.</SUBJECT>
                            <P>The provisions in this section apply instead of other provisions in this part. This section describes when these interim provisions expire, if applicable.</P>
                            <P>
                                (a) 
                                <E T="03">Transitional ABT credits for NO</E>
                                <E T="54">X</E>
                                <E T="03"> emissions.</E>
                                 You may generate NO
                                <E T="52">X</E>
                                 credits from model year 2026 and earlier engines and use those as transitional credits for model year 2027 and later engines using any of the following methods:
                            </P>
                            <P>
                                (1) 
                                <E T="03">Discounted credits.</E>
                                 Generate discounted credits by certifying any model year 2022 through 2026 engine family to meet all the requirements that apply under 40 CFR part 86, subpart A. Calculate discounted credits for certifying engines in model years 2027 through 2029 as described in § 1036.705 relative to a NO
                                <E T="52">X</E>
                                 emission standard of 200 mg/hp·hr and multiply the result by 0.6. You may not use discounted credits 
                                <PRTPAGE P="7776"/>
                                for certifying model year 2030 and later engines.
                            </P>
                            <P>
                                (2) 
                                <E T="03">Partial credits.</E>
                                 Generate partial credits by certifying any model year 2024 through 2026 compression-ignition engine family as described in this paragraph (a)(2). You may not use partial credits for certifying model year 2033 and later engines. Certify engines for partial credits to meet all the requirements that apply under 40 CFR part 86, subpart A, with the following adjustments:
                            </P>
                            <P>
                                (i) Calculate credits as described in § 1036.705 relative to a NO
                                <E T="52">X</E>
                                 emission standard of 200 mg/hp·hr using the appropriate useful life mileage from 40 CFR 86.004-2. Your declared NO
                                <E T="52">X</E>
                                 family emission limit applies for the FTP and SET duty cycles.
                            </P>
                            <P>
                                (ii) Engines must meet a NO
                                <E T="52">X</E>
                                 standard when tested over the Low Load Cycle as described in § 1036.514. Engines must also meet an off-cycle NO
                                <E T="52">X</E>
                                 standard as specified in § 1036.104(a)(3). Calculate the NO
                                <E T="52">X</E>
                                 family emission limits for the Low Load Cycle and for off-cycle testing as described in § 1036.104(c)(3) with 
                                <E T="03">Std</E>
                                <E T="52">FTPNOx</E>
                                 set to 35 mg/hp·hr and 
                                <E T="03">Std</E>
                                <E T="52">[cycle]NOx</E>
                                 set to the values specified in § 1036.104(a)(1) or (3), respectively. No standard applies for HC, PM, and CO emissions for the Low Load Cycle or for off-cycle testing, but you must record measured values for those pollutants and include those measured values where you report NO
                                <E T="52">X</E>
                                 emission results.
                            </P>
                            <P>(iii) For engines selected for in-use testing, we may specify that you perform testing as described in 40 CFR part 86, subpart T, or as described in subpart E of this part.</P>
                            <P>(iv) Add the statement “Partial credit” to the emission control information label.</P>
                            <P>
                                (3) 
                                <E T="03">Full credits.</E>
                                 Generate full credits by certifying any model year 2024 through 2026 engine family to meet all the requirements that apply under this part. Calculate credits as described in § 1036.705 relative to a NO
                                <E T="52">X</E>
                                 emission standard of 200 mg/hp·hr. You may not use full credits for certifying model year 2033 and later engines.
                            </P>
                            <P>
                                (4) 
                                <E T="03">2026 service class pull-ahead credits.</E>
                                 Generate credits from diesel-fueled engines under this paragraph (a)(4) by certifying all your model year 2026 diesel-fueled Heavy HDE to meet all the requirements that apply under this part, with a NO
                                <E T="52">X</E>
                                 family emission limit for FTP testing at or below 50 mg/hp·hr. Calculate credits as described in § 1036.705 relative to a NO
                                <E T="52">X</E>
                                 emission standard of 200 mg/hp·hr. You may use credits generated under this paragraph (a)(4) through model year 2034, but not for later model years. Credits generated by Heavy HDE may be used for certifying Medium HDE after applying a 10 percent discount (multiply credits by 0.9). Engine families using credits generated under this paragraph (a)(4) are subject to a NO
                                <E T="52">X</E>
                                 FEL cap of 50 mg/hp·hr for FTP testing.
                            </P>
                            <P>(b) [Reserved]</P>
                            <P>
                                (c) 
                                <E T="03">Engine cycle classification.</E>
                                 Through model year 2020, engines meeting the definition of spark-ignition, but regulated as compression-ignition engines under § 1036.140, must be certified to the requirements applicable to compression-ignition engines under this part. Such engines are deemed to be compression-ignition engines for purposes of this part. Similarly, through model year 2020, engines meeting the definition of compression-ignition, but regulated as Otto-cycle under 40 CFR part 86 must be certified to the requirements applicable to spark-ignition engines under this part. Such engines are deemed to be spark-ignition engines for purposes of this part. See § 1036.140 for provisions that apply for model year 2021 and later.
                            </P>
                            <P>
                                (d) 
                                <E T="03">Small manufacturers.</E>
                                 The fuel consumption standards under 49 CFR part 535 apply on a delayed schedule for manufacturers meeting the small business criteria specified in 13 CFR 121.201. Apply the small business criteria for NAICS code 336310 for engine manufacturers with respect to gasoline-fueled engines and 333618 for engine manufacturers with respect to other engines; the employee limits apply to the total number employees together for affiliated companies. Qualifying small manufacturers are not subject to the fuel consumption standards for engines with a date of manufacture on or after November 14, 2011, but before January 1, 2022. In addition, qualifying small manufacturers producing engines that run on any fuel other than gasoline, E85, or diesel fuel may delay complying with every later fuel consumption standard under 49 CFR part 535 by one model year; however, small manufacturers may generate credits only by certifying all their engine families within a given averaging set to standards that apply for the current model year. Note that engines not yet subject to standards must nevertheless supply fuel maps to vehicle manufacturers as described in paragraph (n) of this section. Note also that engines produced by small manufacturers are subject to criteria pollutant standards.
                            </P>
                            <P>(e) [Reserved]</P>
                            <P>
                                (f) 
                                <E T="03">Testing exemption for hydrogen engines.</E>
                                 Tailpipe HC, and CO emissions from engines fueled with neat hydrogen are deemed to comply with the applicable standard. Testing for HC or CO is optional under this part for these engines.
                            </P>
                            <P>(g)-(j) [Reserved]</P>
                            <P>
                                (k) 
                                <E T="03">Limited production volume allowance under ABT.</E>
                                 You may produce a limited number of Heavy HDE that continue to meet the standards that applied under 40 CFR 86.007-11 in model years 2027 through 2029. The maximum number of engines you may produce under this limited production allowance is 5 percent of the annual average of your actual production volume of Heavy HDE in model years 2023-2025 for calculating emission credits under § 1036.705. Engine certification under this paragraph (k) is subject to the following conditions and requirements:
                            </P>
                            <P>(1) Engines must meet all the standards and other requirements that apply under 40 CFR part 86 for model year 2026. Engine must be certified in separate engine families that qualify for carryover certification as described in § 1036.235(d).</P>
                            <P>
                                (2) The NO
                                <E T="52">X</E>
                                 FEL must be at or below 200 mg/hp·hr. Calculate negative credits as described in § 1036.705 by comparing the NO
                                <E T="52">X</E>
                                 FEL to the FTP emission standard specified in § 1036.104(a)(1), with a value for useful life of 650,000 miles. Meet the credit reporting and recordkeeping requirements in §§ 1036.730 and 1036.735.
                            </P>
                            <P>(3) Label the engine as described in 40 CFR 86.095-35, but include the following alternate compliance statement: “THIS ENGINE CONFORMS TO U.S. EPA REGULATIONS FOR MODEL YEAR 2026 ENGINES UNDER 40 CFR 1036.150(k).”</P>
                            <P>(l) [Reserved]</P>
                            <P>
                                (m) 
                                <E T="03">Infrequent regeneration.</E>
                                 For model year 2020 and earlier, you may invalidate any test interval with respect to CO
                                <E T="52">2</E>
                                 measurements if an infrequent regeneration event occurs during the test interval. Note that § 1036.580 specifies how to apply infrequent regeneration adjustment factors for later model years.
                            </P>
                            <P>
                                (n) 
                                <E T="03">Supplying fuel maps.</E>
                                 Engine manufacturers not yet subject to fuel consumption standards under 49 CFR part 535 in model year 2021 must supply vehicle manufacturers with fuel maps (or powertrain test results) as described in § 1036.130 for those engines.
                            </P>
                            <P>
                                (o) 
                                <E T="03">Engines used in glider vehicles.</E>
                                 For purposes of recertifying a used engine for installation in a glider vehicle, we may allow you to include in an existing certified engine family those engines you modify (or otherwise demonstrate) to be identical to engines already covered by the certificate. We 
                                <PRTPAGE P="7777"/>
                                would base such an approval on our review of any appropriate documentation. These engines must have emission control information labels that accurately describe their status.
                            </P>
                            <P>(p) [Reserved]</P>
                            <P>
                                (q) 
                                <E T="03">Confirmatory and in-use testing of fuel maps defined in § 1036.505(b).</E>
                                 For model years 2021 and later, where the results from Eq. 1036.235-1 for a confirmatory or in-use test are at or below 2.0%, we will not replace the manufacturer's fuel maps.
                            </P>
                            <P>
                                (r) 
                                <E T="03">Fuel maps for the transition to updated GEM.</E>
                                 (1) You may use fuel maps from model year 2023 and earlier engines for certifying model year 2024 and later engines using carryover provisions in § 1036.235(d).
                            </P>
                            <P>(2) Compliance testing will be based on the GEM version you used to generate fuel maps for certification. For example, if you perform a selective enforcement audit with respect to fuel maps, use the same GEM version that you used to generate fuel maps for certification. Similarly, we will use the same GEM version that you used to generate fuel maps for certification if we perform confirmatory testing with one of your engine families.</P>
                            <P>
                                (s) 
                                <E T="03">Fuel consumption compliance testing.</E>
                                 Select duty cycles and measure emissions to demonstrate compliance with the fuel consumption standards under 49 CFR part 535 before model year 2027 as follows:
                            </P>
                            <P>(1) For model years 2016 through 2020, measure emissions using the FTP duty cycle specified in § 1036.512 and the SET duty cycle specified in 40 CFR 86.1362, as applicable.</P>
                            <P>(2) The following provisions apply for model years 2021 through 2026:</P>
                            <P>(i) [Reserved]</P>
                            <P>
                                (ii) You may demonstrate compliance with SET-based fuel consumption standards using the SET duty cycle specified in 40 CFR 86.1362 if you collect emissions with continuous sampling. Integrate the test results by mode to establish separate emission rates for each mode (including the transition following each mode, as applicable). Apply the CO
                                <E T="52">2</E>
                                 weighting factors specified in 40 CFR 86.1362 to calculate a composite emission result.
                            </P>
                            <P>
                                (t) 
                                <E T="03">Model year 2027 compliance date.</E>
                                 The following provisions describe when this part 1036 starts to apply for model year 2027 engines:
                            </P>
                            <P>
                                (1) 
                                <E T="03">Split model year.</E>
                                 Model year 2027 engines you produce before December 20, 2026 are subject to the criteria standards and related provisions in 40 CFR part 86, subpart A, as described in § 1036.1(a). Model year 2027 engines you produce on or after December 20, 2026 are subject to all the provisions of this part.
                            </P>
                            <P>
                                (2) 
                                <E T="03">Optional early compliance.</E>
                                 You may optionally certify model year 2027 engines you produce before December 20, 2026 to all the provisions of this part.
                            </P>
                            <P>
                                (3) 
                                <E T="03">Certification.</E>
                                 If you certify any model year 2027 engines to 40 CFR part 86, subpart A, under paragraph (t)(1) of this section, certify the engine family by dividing the model year into two partial model years. The first portion of the model year starts when it would normally start and ends when you no longer produce engines meeting standards under 40 CFR part 86, subpart A, on or before December 20, 2026. The second portion of the model year starts when you begin producing engines meeting standards under this part 1036, and ends on the day your model year would normally end. The following additional provisions apply for model year 2027 if you split the model year as described in this paragraph (t):
                            </P>
                            <P>(i) You may generate emission credits only with engines that are certified under this part 1036.</P>
                            <P>(ii) In your production report under § 1036.250(a), identify production volumes separately for the two parts of the model year.</P>
                            <P>(iii) OBD testing demonstrations apply singularly for the full model year.</P>
                            <P>
                                (u) 
                                <E T="03">Crankcase emissions.</E>
                                 The provisions of 40 CFR 86.007-11(c) for crankcase emissions continue to apply through model year 2026.
                            </P>
                            <P>
                                (v) 
                                <E T="03">OBD communication protocol.</E>
                                 We may approve the alternative communication protocol specified in SAE J1979-2 (incorporated by reference, see § 1036.810) if the protocol is approved by the California Air Resources Board. The alternative protocol would apply instead of SAE J1939 and SAE J1979 as specified in 40 CFR 86.010-18(k)(1). Engines designed to comply with SAE J1979-2 must meet the freeze-frame requirements in § 1036.110(b)(8) and in 13 CCR 1971.1(h)(4.3.2) (incorporated by reference, see § 1036.810). This paragraph (v) also applies for model year 2026 and earlier engines.
                            </P>
                            <P>(w) [Reserved]</P>
                            <P>
                                (x) 
                                <E T="03">Powertrain testing for criteria pollutants.</E>
                                 You may apply the powertrain testing provisions of § 1036.101(b) for demonstrating compliance with criteria pollutant emission standards in 40 CFR part 86 before model year 2027.
                            </P>
                            <P>
                                (y) 
                                <E T="03">NO</E>
                                <E T="54">X</E>
                                  
                                <E T="03">compliance allowance for in-use testing.</E>
                                 A NO
                                <E T="52">X</E>
                                 compliance allowance of 15 mg/hp·hr applies for any in-use testing of Medium HDE and Heavy HDE as described in subpart E of this part. Add the compliance allowance to the NO
                                <E T="52">X</E>
                                 standard that applies for each duty cycle and for off-cycle testing, with both field testing and laboratory testing. The NO
                                <E T="52">X</E>
                                 compliance allowance does not apply for the bin 1 off-cycle standard. As an example, for manufacturer-run field-testing of a Heavy HDE, add the 15 mg/hp·hr compliance allowance and the 5 mg/hp·hr accuracy margin from § 1036.420 to the 58 mg/hp·hr bin 2 off-cycle standard to calculate a 78 mg/hp·hr NO
                                <E T="52">X</E>
                                 standard.
                            </P>
                            <P>
                                (z) 
                                <E T="03">Alternate family pass criteria for in-use testing.</E>
                                 The following family pass criteria apply for manufacturer-run in-use testing instead of the pass criteria described in § 1036.425 for model years 2027 and 2028:
                            </P>
                            <P>(1) Start by measuring emissions from five engines using the procedures described in subpart E of this part and § 1036.530. If four or five engines comply fully with the off-cycle bin standards, the engine family passes and you may stop testing.</P>
                            <P>(2) If exactly two of the engines tested under paragraph (z)(1) of this section do not comply fully with the off-cycle bin standards, test five more engines. If these additional engines all comply fully with the off-cycle bin standards, the engine family passes and you may stop testing.</P>
                            <P>(3) If three or more engines tested under paragraphs (z)(1) and (2) of this section do not comply fully with the off-cycle bin standards, test a total of at least 10 but not more than 15 engines. Calculate the arithmetic mean of the bin emissions from all the engine tests as specified in § 1036.530(g) for each pollutant. If the mean values are at or below the off-cycle bin standards, the engine family passes. If the mean value for any pollutant is above an off-cycle bin standard, the engine family fails.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>81. Amend § 1036.205 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraphs (b) introductory text, (l), (m), (o)(2), and (t); and</AMDPAR>
                        <AMDPAR>b. Removing paragraph (aa).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1036.205 </SECTNO>
                            <SUBJECT>Requirements for an application for certification.</SUBJECT>
                            <STARS/>
                            <P>
                                (b) Explain how the emission control system operates. Describe in detail all system components for controlling greenhouse gas and criteria pollutant emissions, including all auxiliary emission control devices (AECDs) and all fuel-system components you will install on any production or test engine. Identify the part number of each component you describe. For this paragraph (b), treat as separate AECDs 
                                <PRTPAGE P="7778"/>
                                any devices that modulate or activate differently from each other. Include all the following:
                            </P>
                            <STARS/>
                            <P>(l) Identify the duty-cycle emission standards from § 1036.104(a) and (b) that apply for the engine family. Also identify FELs and FCLs as follows:</P>
                            <P>
                                (1) Identify the NO
                                <E T="52">X</E>
                                 FEL over the FTP for the engine family.
                            </P>
                            <P>
                                (2) Identify the CO
                                <E T="52">2</E>
                                 FCLs for the engine family. The actual U.S.-directed production volume of configurations that are at or below the FCL must be at least one percent of your actual (not projected) U.S.-directed production volume for the engine family. Identify configurations within the family that have emission rates at or below the FCL and meet the one percent requirement. For example, if your U.S.-directed production volume for the engine family is 10,583 and the U.S.-directed production volume for the tested rating is 75 engines, then you can comply with this provision by setting your FCL so that one more rating with a U.S.-directed production volume of at least 31 engines meets the FCL. Where applicable, also identify other testable configurations required under § 1036.230(f)(2)(ii).
                            </P>
                            <P>
                                (m) Identify the engine family's deterioration factors and describe how you developed them (see § 1036.240). Present any test data you used for this. For engines designed to discharge crankcase emissions to the ambient atmosphere, use the deterioration factors for crankcase emission to determine deteriorated crankcase emission levels of NO
                                <E T="52">X</E>
                                , HC, PM, and CO as specified in § 1036.240(e).
                            </P>
                            <STARS/>
                            <P>(o) * * *</P>
                            <P>
                                (2) Identify the value of 
                                <E T="03">e</E>
                                <E T="52">CO2FTPFCL</E>
                                 from § 1036.235(b). Show emission figures before and after applying deterioration factors for each engine. In addition to the composite results, show individual measurements for cold-start testing and hot-start testing over the transient test cycle.
                            </P>
                            <STARS/>
                            <P>(t) State whether your certification is limited for certain engines. For example, you might certify engines only for use in emergency vehicles or in vehicles with hybrid powertrains. If this is the case, describe how you will prevent use of these engines in vehicles for which they are not certified.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>82. Amend § 1036.230 by revising paragraphs (f) introductory text, and (f)(1) and (5) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.230 </SECTNO>
                            <SUBJECT>Selecting engine families.</SUBJECT>
                            <STARS/>
                            <P>(f) The following additional provisions apply with respect to demonstrating compliance with the fuel consumption standards of 49 CFR 535.5:</P>
                            <P>
                                (1) Use the same engine families you use for criteria pollutants. You may subdivide an engine family into subfamilies that have a different FCL for CO
                                <E T="52">2</E>
                                 emissions. These subfamilies do not apply for demonstrating compliance with criteria standards in § 1036.104.
                            </P>
                            <STARS/>
                            <P>(5) Except as described in this paragraph (f), engine configurations within an engine family must use equivalent controls. Unless we approve it, you may not produce nontested configurations without the same control hardware included on the tested configuration.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>83. Add § 1036.231 to subpart C to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.231 </SECTNO>
                            <SUBJECT>Powertrain families.</SUBJECT>
                            <P>(a) If you choose to perform powertrain testing as specified in § 1036.545, use good engineering judgment to divide your product line into powertrain families that are expected to have similar criteria emissions throughout the useful life as described in this section. Your powertrain family is limited to a single model year.</P>
                            <P>(b) Except as specified in paragraph (c) of this section, group powertrains in the same powertrain family if they share all the following attributes:</P>
                            <P>(1) Have the same engine design aspects as specified in § 1036.230.</P>
                            <P>(2) [Reserved]</P>
                            <P>(3) Number of clutches.</P>
                            <P>
                                (4) Type of clutch (
                                <E T="03">e.g.,</E>
                                 wet or dry).
                            </P>
                            <P>(5) Presence and location of a fluid coupling such as a torque converter.</P>
                            <P>(6) Gear configuration, as follows:</P>
                            <P>
                                (i) Planetary (
                                <E T="03">e.g.,</E>
                                 simple, compound, meshed-planet, stepped-planet, multi-stage).
                            </P>
                            <P>
                                (ii) Countershaft (
                                <E T="03">e.g.,</E>
                                 single, double, triple).
                            </P>
                            <P>
                                (iii) Continuously variable (
                                <E T="03">e.g.,</E>
                                 pulley, magnetic, toroidal).
                            </P>
                            <P>(7) Number of available forward gears, and transmission gear ratio for each available forward gear, if applicable. Count forward gears as being available only if the vehicle has the hardware and software to allow operation in those gears.</P>
                            <P>
                                (8) Transmission oil sump configuration (
                                <E T="03">e.g.,</E>
                                 conventional or dry).
                            </P>
                            <P>
                                (9) The power transfer configuration of any hybrid technology (
                                <E T="03">e.g.,</E>
                                 series or parallel).
                            </P>
                            <P>
                                (10) The type of any RESS (
                                <E T="03">e.g.,</E>
                                 hydraulic accumulator, Lithium-ion battery pack, ultracapacitor bank).
                            </P>
                            <P>(c) For powertrains that share all the attributes described in paragraph (b) of this section, divide them further into separate powertrain families based on common calibration attributes. Group powertrains in the same powertrain family to the extent that powertrain test results and corresponding emission levels are expected to be similar throughout the useful life.</P>
                            <P>(d) You may subdivide a group of powertrains with shared attributes under paragraph (b) of this section into different powertrain families.</P>
                            <P>(e) In unusual circumstances, you may group powertrains into the same powertrain family even if they do not have shared attributes under in paragraph (b) of this section if you show that their emission characteristics throughout the useful life will be similar.</P>
                            <P>(f) If you include the axle when performing powertrain testing for the family, you must limit the family to include only those axles represented by the test results. You may include multiple axle ratios in the family if you test with the axle expected to produce the highest emission results.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>84. Amend § 1036.235 by revising the introductory text and paragraphs (a), (b), and (c)(5) introductory text to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.235 </SECTNO>
                            <SUBJECT>Testing requirements for certification.</SUBJECT>
                            <P>This section describes the emission testing you must perform to show compliance with the emission standards in § 1036.104 or fuel consumption standards under 49 CFR part 535.</P>
                            <P>(a) Select and configure one or two emission-data engines from each engine family as follows:</P>
                            <P>(1) You may use one engine for criteria pollutant testing and a different engine for fuel consumption testing, or you may use the same engine for all testing.</P>
                            <P>
                                (2) For criteria pollutant emission testing, select the engine configuration with the highest volume of fuel injected per cylinder per combustion cycle at the point of maximum torque—unless good engineering judgment indicates that a different engine configuration is more likely to exceed (or have emissions nearer to) an applicable emission standard or FEL. If two or more engines have the same fueling rate at maximum torque, select the one with the highest fueling rate at rated speed. In making this selection, consider all factors expected to affect emission-control performance and compliance with the 
                                <PRTPAGE P="7779"/>
                                standards, including emission levels of all exhaust constituents, especially NO
                                <E T="52">X</E>
                                 and PM. To the extent we allow it for establishing deterioration factors, select for testing those engine components or subsystems whose deterioration best represents the deterioration of in-use engines.
                            </P>
                            <P>(3) For fuel consumption testing, the standards of this part apply only with respect to emissions measured from the tested configuration and other configurations identified in § 1036.205(l)(2). Note that configurations identified in § 1036.205(l)(2) are considered to be “tested configurations” whether or not you test them for certification. However, you must apply the same (or equivalent) emission controls to all other engine configurations in the engine family. In other contexts, the tested configuration is sometimes referred to as the “parent configuration”, although the terms are not synonymous.</P>
                            <P>
                                (4) In the case of powertrain testing under § 1036.545, select a test engine, test hybrid components, test axle and test transmission as applicable, by considering the whole range of vehicle models covered by the powertrain family. If the powertrain has more than one transmission calibration, for example economy vs. performance, you may weight the results from the powertrain testing in § 1036.545 by the percentage of vehicles in the family by prior model year for each configuration. This can be done, for example, through the use of survey data or based on the previous model year's sales volume. Weight the results of 
                                <E T="03">M</E>
                                <E T="52">fuel[cycle], f</E>
                                <E T="52">npowertrain</E>
                                /
                                <E T="03">v</E>
                                <E T="52">powertrain,</E>
                                 and 
                                <E T="03">W</E>
                                <E T="52">[cycle]</E>
                                 from table 5 to paragraph (o)(8)(i) of § 1036.545 according to the percentage of vehicles in the family that use each transmission calibration.
                            </P>
                            <P>(b) Test your emission-data engines using the procedures and equipment specified in subpart F of this part. In the case of dual-fuel and flexible-fuel engines, measure emissions when operating with each type of fuel for which you intend to certify the engine.</P>
                            <P>
                                (1) For criteria pollutant emission testing, measure NO
                                <E T="52">X</E>
                                , PM, CO, and NMHC emissions using each duty cycle specified in § 1036.104. Note that off-cycle testing depends on determining the value of 
                                <E T="03">e</E>
                                <E T="52">CO2FTPFCL</E>
                                 from § 1036.530.
                            </P>
                            <P>
                                (2) For fuel consumption testing, measure CO
                                <E T="52">2</E>
                                 emissions; the following provisions apply regarding test cycles for demonstrating compliance with tractor and vocational fuel consumption standards:
                            </P>
                            <P>
                                (i) For tractors, you must measure CO
                                <E T="52">2</E>
                                 emissions using the SET duty cycle specified in § 1036.510, taking into account the interim provisions in § 1036.150(s).
                            </P>
                            <P>
                                (ii) For vocational applications, you must measure CO
                                <E T="52">2</E>
                                 emissions using the appropriate FTP transient duty cycle, including cold-start and hot-start testing as specified in § 1036.512.
                            </P>
                            <P>
                                (iii) For engine families that include both tractor and vocational use, you may submit CO
                                <E T="52">2</E>
                                 emission data and specify FCLs for both SET and FTP transient duty cycles.
                            </P>
                            <P>(iv) Some of your engines tested for use in tractors may also be used in vocational vehicles, and some of your engines tested for use in vocational may be used in tractors. However, you may not knowingly circumvent the intent of this part by testing engines designed for tractors or vocational vehicles (and rarely used in the other application) to the wrong cycle.</P>
                            <P>(c) * * *</P>
                            <P>(5) For fuel consumption testing, we may use our emission test results for steady-state, idle, cycle-average and powertrain fuel maps defined in § 1036.505(b) as the official emission results. We will not replace individual points from your fuel map.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1036.241 </SECTNO>
                        <SUBJECT>[Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>85. Remove § 1036.241.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>86. Amend § 1036.301 by revising the section heading to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.301 </SECTNO>
                            <SUBJECT>Selective enforcement audits.</SUBJECT>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>87. Amend § 1036.501 by revising paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.501 </SECTNO>
                            <SUBJECT>General testing provisions.</SUBJECT>
                            <P>(a) Use the equipment and procedures specified in this subpart and 40 CFR part 1065 to determine whether engines meet the emission standards in § 1036.104 or fuel consumption standards under 49 CFR part 535.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>88. Add § 1036.503 to subpart F to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.503 </SECTNO>
                            <SUBJECT>Engine data and information to support vehicle certification for NHTSA.</SUBJECT>
                            <P>See § 1036.505 for engine data and information required to support vehicle certification.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>89. Amend § 1036.505 by revising the introductory text and paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.505 </SECTNO>
                            <SUBJECT>Engine data and information to support vehicle certification.</SUBJECT>
                            <P>You must give vehicle manufacturers information as follows so they can certify their vehicles to fuel consumption standards under 49 CFR part 535:</P>
                            <P>(a) Identify engine make, model, fuel type, combustion type, engine family name, calibration identification, and engine displacement. Also identify whether the engines will be used in tractors, vocational vehicles, or both. When certifying vehicles with GEM, for any fuel type not identified in table 1 to paragraph (b)(4) of § 1036.550, identify the fuel type as diesel fuel for engines subject to compression-ignition standards, and as gasoline for engines subject to spark-ignition standards.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>90. Amend § 1036.510 by revising paragraphs (b)(2) introductory text and (b)(2)(vii) and (viii) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.510 </SECTNO>
                            <SUBJECT>Supplemental Emission Test.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>(2) Test hybrid powertrains as described in § 1036.545, except as specified in this paragraph (b)(2). Do not compensate the duty cycle for the distance driven as described in § 1036.545(g)(4). For hybrid engines, select the transmission model parameters as described in § 1036.510(b)(2)(viii), . Disregard duty cycles in § 1036.545(j). For cycles that begin with idle, leave the transmission in neutral or park for the full initial idle segment. Place the transmission into drive no earlier than 5 seconds before the first nonzero vehicle speed setpoint. For SET testing only, place the transmission into park or neutral when the cycle reaches the final idle segment. Use the following vehicle parameters instead of those in § 1036.545 to define the vehicle model in § 1036.545(a)(3):</P>
                            <STARS/>
                            <P>
                                (vii) Select a combination of drive axle ratio, 
                                <E T="03">k</E>
                                <E T="52">a</E>
                                , and a tire radius, 
                                <E T="03">r,</E>
                                 that represents the worst-case combination of top gear ratio, drive axle ratio, and tire size for CO
                                <E T="52">2</E>
                                 emissions expected for vehicles in which the hybrid engine or hybrid powertrain will be installed. This is typically the highest axle ratio and smallest tire radius. Disregard configurations or settings corresponding to a maximum vehicle speed below 60 mi/hr in selecting a drive axle ratio and tire radius, unless you can demonstrate that in-use vehicles will not exceed that speed. You may request preliminary approval for selected drive axle ratio and tire radius consistent with the provisions of § 1036.210. If the hybrid engine or hybrid powertrain is used exclusively in vehicles not capable of reaching 60 mi/hr, you may request that we approve an alternate test cycle and cycle-validation criteria as described in 40 CFR 1066.425(b)(5). Note that hybrid engines rely on a specified transmission 
                                <PRTPAGE P="7780"/>
                                that is different for each duty cycle; the transmission's top gear ratio therefore depends on the duty cycle, which will in turn change the selection of the drive axle ratio and tire size. For example, § 1036.520 prescribes a different top gear ratio than this paragraph (b)(2).
                            </P>
                            <P>(viii) If you are certifying a hybrid engine, use a default transmission efficiency of 0.95 and create the vehicle model along with its default transmission shift strategy as described in § 1036.545(a)(3)(ii). Specify the transmission type as Automatic Transmission for all engines and for all duty cycles, except that the transmission type is Automated Manual Transmission for Heavy HDE operating over the SET duty cycle. For automatic transmissions set neutral idle to “Y” in the vehicle file. Select gear ratios for each gear as shown in the following table:</P>
                            <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,20,20,20">
                                <TTITLE>
                                    Table 1 to Paragraph 
                                    <E T="01">(b)(2)(viii)</E>
                                     of § 1036.510—GEM HIL Input for Gear Ratio
                                </TTITLE>
                                <BOXHD>
                                    <CHED H="1">Gear No.</CHED>
                                    <CHED H="1">
                                        Spark-ignition HDE,
                                        <LI>Light HDE, and Medium</LI>
                                        <LI>HDE—all duty cycles</LI>
                                    </CHED>
                                    <CHED H="1">
                                        Heavy HDE—LLC and
                                        <LI>FTP duty cycles</LI>
                                    </CHED>
                                    <CHED H="1">
                                        Heavy HDE—
                                        <LI>SET duty cycle</LI>
                                    </CHED>
                                </BOXHD>
                                <ROW>
                                    <ENT I="01">1</ENT>
                                    <ENT>3.10</ENT>
                                    <ENT>3.51</ENT>
                                    <ENT>12.8</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">2</ENT>
                                    <ENT>1.81</ENT>
                                    <ENT>1.91</ENT>
                                    <ENT>9.25</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">3</ENT>
                                    <ENT>1.41</ENT>
                                    <ENT>1.43</ENT>
                                    <ENT>6.76</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">4</ENT>
                                    <ENT>1.00</ENT>
                                    <ENT>1.00</ENT>
                                    <ENT>4.90</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">5</ENT>
                                    <ENT>0.71</ENT>
                                    <ENT>0.74</ENT>
                                    <ENT>3.58</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">6</ENT>
                                    <ENT>0.61</ENT>
                                    <ENT>0.64</ENT>
                                    <ENT>2.61</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">7</ENT>
                                    <ENT/>
                                    <ENT/>
                                    <ENT>1.89</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">8</ENT>
                                    <ENT/>
                                    <ENT/>
                                    <ENT>1.38</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">9</ENT>
                                    <ENT/>
                                    <ENT/>
                                    <ENT>1.00</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">10</ENT>
                                    <ENT/>
                                    <ENT/>
                                    <ENT>0.73</ENT>
                                </ROW>
                                <ROW>
                                    <ENT I="01">Lockup Gear</ENT>
                                    <ENT>3</ENT>
                                    <ENT>3</ENT>
                                    <ENT/>
                                </ROW>
                            </GPOTABLE>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>91. Amend § 1036.512 by revising paragraphs (b)(2)(iv) and (e) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.512 </SECTNO>
                            <SUBJECT>Federal Test Procedure.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>(2) * * *</P>
                            <P>(iv) For plug-in hybrid powertrains, test over the FTP in both charge-sustaining and charge-depleting operation for criteria pollutant determination.</P>
                            <STARS/>
                            <P>
                                (e) Determine CO
                                <E T="52">2</E>
                                 emissions for plug-in hybrid engines and powertrains using the emissions results for all the transient duty cycle test intervals described in either paragraph (b) or (c) of appendix B to this part for both charge-depleting and charge-sustaining operation from paragraph (d)(2) of this section. Calculate the utility factor weighted composite mass of emissions from the charge-depleting and charge-sustaining test results, 
                                <E T="03">e</E>
                                <E T="52">UF[emission]comp</E>
                                , as described in § 1036.510(e), replacing occurrences of “SET” with “transient test interval”. Note this results in composite FTP CO
                                <E T="52">2</E>
                                 emission results for plug-in hybrid engines and powertrains without the use of the cold-start and hot-start test interval weighting factors in Eq. 1036.512-1.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>92. Amend § 1036.514 by revising paragraph (b)(4) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.514 </SECTNO>
                            <SUBJECT>Low Load Cycle.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>(4) Adjust procedures in this section as described in § 1036.510(d) for plug-in hybrid powertrains, replacing “SET” with “LLC”. Note that the LLC is therefore the preconditioning duty cycle for plug-in hybrid powertrains.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>93. Amend § 1036.520 by revising paragraph (b)(1) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.520 </SECTNO>
                            <SUBJECT>Determining power and vehicle speed values for powertrain testing.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>(1) Use vehicle parameters, other than power, as specified in § 1036.510(b)(2). Use the applicable automatic transmission as specified in § 1036.510(b)(2)(viii).</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>94. Amend § 1036.535 by:</AMDPAR>
                        <AMDPAR>a. Revising the introductory text; and</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (f).</AMDPAR>
                        <P>The revision reads as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1036.535 </SECTNO>
                            <SUBJECT>Determining steady-state engine fuel maps and fuel consumption at idle.</SUBJECT>
                            <P>The procedures in this section describe how to determine an engine's steady-state fuel map and fuel consumption at idle for model year 2021 and later vehicles; these procedures apply as described in § 1036.505. Vehicle manufacturers may need these values to demonstrate compliance with standards under 49 CFR part 535.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>95. Amend § 1036.540 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraph (a) introductory text; and</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (b)(1).</AMDPAR>
                        <P>The revision reads as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1036.540 </SECTNO>
                            <SUBJECT>Determining cycle-average engine fuel maps.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Overview.</E>
                                 This section describes how to determine an engine's cycle-average fuel maps for model year 2021 and later vehicles. Vehicle manufacturers may need cycle-average fuel maps for transient duty cycles, highway cruise cycles, or both to demonstrate compliance with standards under 49 CFR part 535. Generate cycle-average engine fuel maps as follows:
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>96. Amend § 1036.545 by:</AMDPAR>
                        <AMDPAR>a. Revising the introductory text;</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (a)(1);</AMDPAR>
                        <AMDPAR>c. Revising paragraph (d); and</AMDPAR>
                        <AMDPAR>d. Removing paragraph (p).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1036.545 </SECTNO>
                            <SUBJECT>Powertrain testing.</SUBJECT>
                            <P>
                                This section describes the procedure to measure fuel consumption and create engine fuel maps by testing a powertrain that includes an engine coupled with a transmission, drive axle, and hybrid components or any assembly with one or more of those hardware elements. Engine fuel maps are part of demonstrating compliance with standards under 49 CFR part 535; the powertrain test procedure in this section is one option for generating this fuel-mapping information as described in § 1036.505. Additionally, this powertrain test procedure is one option 
                                <PRTPAGE P="7781"/>
                                for certifying hybrid powertrains to the engine standards in § 1036.104.
                            </P>
                            <STARS/>
                            <P>
                                (d) 
                                <E T="03">Powertrain break in.</E>
                                 Break in the powertrain as a complete system using the engine break-in procedure in 40 CFR 1065.405(c), or take the following steps to break in the engine, axle assembly, and transmission separately, as applicable:
                            </P>
                            <P>(1) Break in the engine according to 40 CFR 1065.405(c).</P>
                            <P>(2) Break in the axle assembly using good engineering judgment. Maintain gear oil temperature at or below 100 °C throughout the break-in period.</P>
                            <P>(3) Break in the transmission using good engineering judgment. Maintain transmission oil temperature at (87 to 93) °C for automatic transmissions and transmissions having more than two friction clutches, and at (77 to 83) °C for all other transmissions. You may ask us to approve a different range of transmission oil temperatures if you have data showing that it better represents in-use operation.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>97. Amend § 1036.550 by revising the section heading and introductory text to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.550 </SECTNO>
                            <SUBJECT>
                                Calculating CO
                                <E T="0735">2</E>
                                 emission rates.
                            </SUBJECT>
                            <P>
                                This section describes how to calculate official emission results for CO
                                <E T="52">2</E>
                                .
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>98. Amend § 1036.580 by revising the introductory text and paragraph (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.580 </SECTNO>
                            <SUBJECT>Infrequently regenerating aftertreatment devices.</SUBJECT>
                            <P>For engines using aftertreatment technology with infrequent regeneration events that may occur during testing, take one of the following approaches to account for the emission impact of regeneration:</P>
                            <STARS/>
                            <P>(c) You may choose to make no adjustments to measured emission results if you determine that regeneration does not significantly affect emission levels for an engine family (or configuration) or if it is not practical to identify when regeneration occurs. You may omit adjustment factors under this paragraph (c) for individual pollutants under this paragraph (c) as appropriate. If you choose not to make adjustments under paragraph (a) or (b) of this section, your engines must meet emission standards for all testing, without regard to regeneration.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>99. Amend § 1036.605 by revising paragraphs (b) and (g) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.605 </SECTNO>
                            <SUBJECT>Alternate emission standards for engines used in specialty vehicles.</SUBJECT>
                            <STARS/>
                            <P>(b) Compression-ignition engines must be of a configuration that is identical to one that is certified under 40 CFR part 1039, and must be certified with a family emission limit for PM of 0.020 g/kW-hr using the same duty cycles that apply under 40 CFR part 1039.</P>
                            <STARS/>
                            <P>(g) Engines certified under this section may not generate or use emission credits under this part or under 40 CFR part 1039.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>100. Amend § 1036.610 by revising the section heading to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.610 </SECTNO>
                            <SUBJECT>Off-cycle technology credits.</SUBJECT>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>101. Amend § 1036.620 by:</AMDPAR>
                        <AMDPAR>a. Revising the section h·eading, introductory text, and paragraph (a); and</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraphs (d) and (e).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1036.620 </SECTNO>
                            <SUBJECT>Alternate standards based on model year 2011 compression-ignition engines.</SUBJECT>
                            <P>For model years 2014 through 2016, you may certify your compression-ignition engines to alternate fuel consumption standards as described in this section. However, you may not certify engines to these alternate standards if they are part of an averaging set in which you carry a balance of banked credits. For purposes of this section, you are deemed to carry credits in an averaging set if you carry credits from advanced technology that are allowed to be used in that averaging set.</P>
                            <P>
                                (a) The standards of this section are determined from the measured emission rate of the engine of the applicable baseline 2011 engine family or families as described in paragraphs (b) and (c) of this section. Calculate the CO
                                <E T="52">2</E>
                                 emission rate of the baseline engine using the same equations used for showing compliance with the otherwise applicable fuel consumption standard. The alternate emission rate for light and medium heavy-duty vocational-certified engines (using the transient cycle) is equal to the baseline emission rate multiplied by 0.975. The alternate emission rate for tractor-certified engines (using the SET duty cycle) and all other Heavy HDE is equal to the baseline emission rate multiplied by 0.970. The in-use FEL for these engines is equal to the alternate standard multiplied by 1.03.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1036.625 </SECTNO>
                        <SUBJECT>[Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>102. Remove § 1036.625.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>103. Revise and republish § 1036.630 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.630 </SECTNO>
                            <SUBJECT>
                                Measurement of CO
                                <E T="0735">2</E>
                                 emissions for powertrain testing.
                            </SUBJECT>
                            <P>For engines included in powertrain families under § 1036.231, you may choose to include the corresponding engine emissions in your engine families under this part instead of (or in addition to) the otherwise applicable engine fuel maps.</P>
                            <P>(a) If you choose to certify powertrain fuel maps in an engine family for fuel consumption standards, the declared values for powertrain testing become the standards that apply for selective enforcement audits and in-use testing. We may require that you provide to us the engine cycle (not normalized) corresponding to a given powertrain for each of the specified duty cycles.</P>
                            <P>(b) If you choose to certify only fuel map values for an engine family for fuel consumption standards and to not certify values over powertrain cycles under § 1036.545, we will not presume you are responsible for value over the powertrain cycles. However, where we determine that you are responsible in whole or in part for the emission exceedance in such cases, we may require that you participate in any recall of the affected vehicles.</P>
                            <P>(c) If you split an engine family into subfamilies based on different fuel-mapping procedures as described in § 1036.230(f)(2), the fuel-mapping procedures you identify for certifying each subfamily also apply for selective enforcement audits and in-use testing.</P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1036.635 </SECTNO>
                        <SUBJECT>[Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>104. Remove § 1036.635.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>105. Amend § 1036.701 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraph (a); and</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraphs (h) through (j).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1036.701 </SECTNO>
                            <SUBJECT>General provisions.</SUBJECT>
                            <P>
                                (a) You may average, bank, and trade (ABT) emission credits for purposes of certification as described in this subpart and in subpart B of this part to show compliance with the standards of §§ 1036.104. Participation in this program is voluntary. Note that certification to NO
                                <E T="52">X</E>
                                 standards in § 1036.104 is based on a family emission limit (FEL) the NHTSA fuel efficiency program under 49 CFR part 535 is based on a Family Certification Level (FCL). 
                                <PRTPAGE P="7782"/>
                                This part refers to “FEL/FCL” to simultaneously refer to FELs for NO
                                <E T="52">X</E>
                                 and FCLs for NHTSA. Note also that subpart B of this part requires you to assign an FCL to all engine families, whether or not they participate in the ABT provisions of this subpart.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>106. Revise § 1036.705 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.705 </SECTNO>
                            <SUBJECT>Generating and calculating emission credits.</SUBJECT>
                            <P>
                                (a) The provisions of this section apply for calculating NO
                                <E T="52">X</E>
                                 emission credits.
                            </P>
                            <P>(b) For each participating family, calculate positive or negative emission credits relative to the otherwise applicable emission standard. Calculate positive emission credits for a family that has an FEL below the standard. Calculate negative emission credits for a family that has an FEL above the standard. Sum your positive and negative credits for the model year before rounding. Calculate emission credits to the nearest megagram (Mg) for each family using the following equation:</P>
                            <FP SOURCE="FP-2">
                                <E T="03">Emission credits</E>
                                 (Mg) = (
                                <E T="03">Std</E>
                                −
                                <E T="03">FL</E>
                                ) · 
                                <E T="03">CF</E>
                                 · 
                                <E T="03">Volume</E>
                                 · 
                                <E T="03">UL</E>
                                 · 
                                <E T="03">c</E>
                                 Eq. 1036.705-1
                            </FP>
                            <EXTRACT>
                                <FP SOURCE="FP-2">Where:</FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Std</E>
                                     = the emission standard, in (mg NO
                                    <E T="52">X</E>
                                    )/hp·hr that applies under subpart B of this part for engines not participating in the ABT program of this subpart (the “otherwise applicable standard”).
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">FL</E>
                                     = the engine family's FEL, in mg/hp·hr, rounded to the same number of decimal places as the emission standard.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">CF</E>
                                     = a transient cycle conversion factor (hp·hr/mile), calculated by dividing the total (integrated) horsepower-hour over the applicable duty cycle by 6.3 miles for engines subject to spark-ignition standards and 6.5 miles for engines subject to compression-ignition standards. This represents the average work performed over the duty cycle.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">Volume</E>
                                     = the number of engines eligible to participate in the averaging, banking, and trading program within the given engine family during the model year, as described in paragraph (c) of this section.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">UL</E>
                                     = the useful life for the standard that applies for a given primary intended service class, in miles.
                                </FP>
                                <FP SOURCE="FP-2">
                                    <E T="03">c</E>
                                     = 10
                                    <E T="51">−9</E>
                                    .
                                </FP>
                            </EXTRACT>
                            <P>
                                <E T="03">Example for model year 2028 Heavy HDE generating NO</E>
                                <E T="54">X</E>
                                  
                                <E T="03">credits:</E>
                            </P>
                            <FP SOURCE="FP-1">
                                <E T="03">Std</E>
                                 = 35 mg/hp·hr
                            </FP>
                            <FP SOURCE="FP-1">
                                <E T="03">FEL</E>
                                 = 20 mg/hp·hr
                            </FP>
                            <FP SOURCE="FP-1">
                                <E T="03">CF</E>
                                 = 9.78 hp·hr/mile
                            </FP>
                            <FP SOURCE="FP-1">
                                <E T="03">Volume</E>
                                 = 15,342
                            </FP>
                            <FP SOURCE="FP-1">
                                <E T="03">UL</E>
                                 = 650,000 miles
                            </FP>
                            <FP SOURCE="FP-1">
                                <E T="03">c</E>
                                 = 10
                                <E T="51">−9</E>
                            </FP>
                            <FP SOURCE="FP-1">
                                <E T="03">Emission credits</E>
                                 = (35−20) · 9.78 · 15,342 · 650,000 · 10
                                <E T="51">−9</E>
                            </FP>
                            <FP SOURCE="FP-1">
                                <E T="03">Emission credits</E>
                                 = 1,463 Mg
                            </FP>
                            <P>(c) Compliance with the requirements of this subpart is determined at the end of the model year by calculating emission credits based on actual production volumes, excluding the following engines:</P>
                            <P>(1) Engines that you do not certify to the standards of this part because they are permanently exempted under subpart G of this part or under 40 CFR part 1068.</P>
                            <P>(2) Exported engines.</P>
                            <P>(3) Engines not subject to the requirements of this part, such as those excluded under § 1036.5.</P>
                            <P>(4) Engines certified to state emission standards that are different than the emission standards referenced in this section, and intended for sale in a state that has adopted those emission standards.</P>
                            <P>(5) Any other engines if we indicate elsewhere in this part that they are not to be included in the calculations of this subpart.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>107. Amend § 1036.710 by revising paragraph (b) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.710 </SECTNO>
                            <SUBJECT>Averaging.</SUBJECT>
                            <STARS/>
                            <P>(b) You may certify one or more engine families to an FEL/FCL above the applicable standard, subject to any applicable FEL caps and other the provisions in subpart B of this part, if you show in your application for certification that your projected balance of all emission-credit transactions in that model year is greater than or equal to zero, or that a negative balance is allowed under § 1036.745 for NHTSA's fuel efficiency program.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>108. Amend § 1036.720 by revising paragraph (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.720 </SECTNO>
                            <SUBJECT>Trading.</SUBJECT>
                            <STARS/>
                            <P>(c) If a negative emission credit balance results from a transaction, both the buyer and seller are liable, except in cases we deem to involve fraud. See § 1036.255(e) for cases involving fraud. We may void the certificates of all engine families participating in a trade that results in a manufacturer having a negative balance of emission credits. See § 1036.745 for NHTSA's fuel efficiency program.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>109. Amend § 1036.725 by revising paragraph (b)(1) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.725 </SECTNO>
                            <SUBJECT>Required information for certification.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>(1) A statement that, to the best of your belief, you will not have a negative balance of emission credits for any averaging set when all emission credits are calculated at the end of the year. For NHTSA's fuel efficiency program, you may include a statement that you will have a negative balance of emission credits for one or more averaging sets, but that it is allowed under § 1036.745.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>110. Amend § 1036.730 by revising paragraphs (c)(1) and (f)(1) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.730 </SECTNO>
                            <SUBJECT>ABT reports.</SUBJECT>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>(1) Show that your net balance of emission credits from all your participating engine families in each averaging set in the applicable model year is not negative, except as allowed under § 1036.745 for NHTSA's fuel efficiency program. Your credit tracking must account for the limitation on credit life under § 1036.740(d).</P>
                            <STARS/>
                            <P>(f) * * *</P>
                            <P>(1) If you notify us by the deadline for submitting the final report that errors mistakenly decreased your balance of emission credits, you may correct the errors and recalculate the balance of emission credits.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>111. Amend § 1036.740 by:</AMDPAR>
                        <AMDPAR>a. Removing and reserving paragraphs (b) and (c); and</AMDPAR>
                        <AMDPAR>b. Revising paragraph (d).</AMDPAR>
                        <P>The revision reads as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1036.740 </SECTNO>
                            <SUBJECT>Restrictions for using emission credits.</SUBJECT>
                            <STARS/>
                            <P>
                                (d) 
                                <E T="03">Credit life.</E>
                                 NO
                                <E T="52">X</E>
                                 credits may be used only for five model years after the year in which they are generated. For example, credits you generate in model year 2027 may be used to demonstrate compliance with emission standards only through model year 2032.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>112. Revise § 1036.745 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.745 </SECTNO>
                            <SUBJECT>End-of-year credit deficits.</SUBJECT>
                            <P>See 49 CFR 535.7 for provisions related to credit deficits for NHTSA's fuel consumption credits.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>113. Amend § 1036.750 by revising paragraph (b) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.750 </SECTNO>
                            <SUBJECT>Consequences for noncompliance.</SUBJECT>
                            <STARS/>
                            <P>(b) You may certify your engine family to an FEL above an applicable standard based on a projection that you will have enough emission credits to offset the deficit for the engine family.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <PRTPAGE P="7783"/>
                        <AMDPAR>114. Revise § 1036.755 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.755 </SECTNO>
                            <SUBJECT>Information provided to the Department of Transportation.</SUBJECT>
                            <P>
                                After receipt of each manufacturer's final report as specified in § 1036.730 and completion of any verification testing required to validate the manufacturer's submitted final data, we will issue a report to the Department of Transportation with CO
                                <E T="52">2</E>
                                 emission information and will verify the accuracy of each manufacturer's equivalent fuel consumption data required by NHTSA under 49 CFR 535.8. We will send a report to DOT for each engine manufacturer based on each regulatory category and subcategory, including sufficient information for NHTSA to determine fuel consumption and associated credit values. See 49 CFR 535.8 to determine if NHTSA deems submission of this information to EPA to also be a submission to NHTSA.
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>115. Revise and republish § 1036.801 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.801 </SECTNO>
                            <SUBJECT>Definitions.</SUBJECT>
                            <P>The following definitions apply to this part. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Act gives to them. The definitions follow:</P>
                            <P>
                                <E T="03">Act</E>
                                 means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
                            </P>
                            <P>
                                <E T="03">Adjustable parameter</E>
                                 has the meaning given in 40 CFR 1068.50.
                            </P>
                            <P>
                                <E T="03">Advanced technology</E>
                                 means technology certified under 40 CFR 86.1819-14(k)(7), § 1036.615, or 40 CFR 1037.615.
                            </P>
                            <P>
                                <E T="03">Aftertreatment</E>
                                 means relating to a catalytic converter, particulate filter, or any other system, component, or technology mounted downstream of the exhaust valve (or exhaust port) whose design function is to decrease emissions in the engine exhaust before it is exhausted to the environment. Exhaust gas recirculation (EGR) and turbochargers are not aftertreatment.
                            </P>
                            <P>
                                <E T="03">Aircraft</E>
                                 means any vehicle capable of sustained air travel more than 100 feet above the ground.
                            </P>
                            <P>
                                <E T="03">Alcohol-fueled engine</E>
                                 means an engine that is designed to run using an alcohol fuel. For purposes of this definition, alcohol fuels do not include fuels with a nominal alcohol content below 25 percent by volume.
                            </P>
                            <P>
                                <E T="03">Automated manual transmission (AMT)</E>
                                 means a transmission that operates mechanically similar to a manual transmission, except that an automated clutch actuator controlled by the onboard computer disengages and engages the drivetrain instead of a human driver. An automated manual transmission does not include a torque converter or a clutch pedal controllable by the driver.
                            </P>
                            <P>
                                <E T="03">Automatic transmission (AT)</E>
                                 means a transmission with a torque converter (or equivalent) that uses computerize or other internal controls to shift gears in response to a single driver input for controlling vehicle speed. Note that automatic manual transmissions are not automatic transmissions because they do not include torque converters.
                            </P>
                            <P>
                                <E T="03">Auxiliary emission control device</E>
                                 means any element of design that senses temperature, motive speed, engine speed (r/min), transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.
                            </P>
                            <P>
                                <E T="03">Averaging set</E>
                                 has the meaning given in § 1036.740.
                            </P>
                            <P>
                                <E T="03">Axle ratio or Drive axle ratio (k</E>
                                <E T="54">a</E>
                                <E T="03">)</E>
                                 means the dimensionless number representing the angular speed of the transmission output shaft divided by the angular speed of the drive axle.
                            </P>
                            <P>
                                <E T="03">Calibration</E>
                                 means the set of specifications and tolerances specific to a particular design, version, or application of a component or assembly capable of functionally describing its operation over its working range.
                            </P>
                            <P>
                                <E T="03">Carbon-containing fuel</E>
                                 has the meaning given in 40 CFR 1065.1001.
                            </P>
                            <P>
                                <E T="03">Carryover</E>
                                 means relating to certification based on emission data generated from an earlier model year as described in § 1036.235(d).
                            </P>
                            <P>
                                <E T="03">Certification</E>
                                 means relating to the process of obtaining a certificate of conformity for an engine family that complies with the emission standards and requirements in this part.
                            </P>
                            <P>
                                <E T="03">Certified emission level</E>
                                 means the highest deteriorated emission level in an engine family for a given pollutant from the applicable transient or steady-state testing, rounded to the same number of decimal places as the applicable standard.
                            </P>
                            <P>
                                <E T="03">Charge-depleting</E>
                                 has the meaning given in 40 CFR 1066.1001.
                            </P>
                            <P>
                                <E T="03">Charge-sustaining</E>
                                 has the meaning given in 40 CFR 1066.1001.
                            </P>
                            <P>
                                <E T="03">Complete vehicle</E>
                                 means a vehicle meeting the definition of complete vehicle in 40 CFR 1037.801 when it is first sold as a vehicle. For example, where a vehicle manufacturer sells an incomplete vehicle to a secondary vehicle manufacturer, the vehicle is not a complete vehicle under this part, even after its final assembly.
                            </P>
                            <P>
                                <E T="03">Compression-ignition</E>
                                 means relating to a type of reciprocating, internal-combustion engine that is not a spark-ignition engine. Note that § 1036.1 also deems gas turbine engines and other engines to be compression-ignition engines.
                            </P>
                            <P>
                                <E T="03">Crankcase emissions</E>
                                 means airborne substances emitted to the atmosphere from any part of the engine crankcase's ventilation or lubrication systems. The crankcase is the housing for the crankshaft and other related internal parts.
                            </P>
                            <P>
                                <E T="03">Critical emission-related component</E>
                                 has the meaning given in 40 CFR 1068.30.
                            </P>
                            <P>
                                <E T="03">Defeat device</E>
                                 has the meaning given in § 1036.115(h).
                            </P>
                            <P>
                                <E T="03">Designated Compliance Officer</E>
                                 means one of the following:
                            </P>
                            <P>
                                (1) For engines subject to compression-ignition standards, 
                                <E T="03">Designated Compliance Officer</E>
                                 means Director, Diesel Engine Compliance Center, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
                                <E T="03">complianceinfo@epa.gov; www.epa.gov/ve-certification.</E>
                            </P>
                            <P>
                                (2) For engines subject to spark-ignition standards, 
                                <E T="03">Designated Compliance Officer</E>
                                 means Director, Gasoline Engine Compliance Center, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
                                <E T="03">complianceinfo@epa.gov; www.epa.gov/ve-certification.</E>
                            </P>
                            <P>
                                <E T="03">Deteriorated emission level</E>
                                 means the emission level that results from applying the appropriate deterioration factor to the official emission result of the emission-data engine. Note that where no deterioration factor applies, references in this part to the 
                                <E T="03">deteriorated emission level</E>
                                 mean the official emission result.
                            </P>
                            <P>
                                <E T="03">Deterioration factor</E>
                                 means the relationship between emissions at the end of useful life (or point of highest emissions if it occurs before the end of useful life) and emissions at the low-hour/low-mileage point, expressed in one of the following ways:
                            </P>
                            <P>(1) For multiplicative deterioration factors, the ratio of emissions at the end of useful life (or point of highest emissions) to emissions at the low-hour point.</P>
                            <P>(2) For additive deterioration factors, the difference between emissions at the end of useful life (or point of highest emissions) and emissions at the low-hour point.</P>
                            <P>
                                <E T="03">Diesel exhaust fluid (DEF)</E>
                                 means a liquid reducing agent (other than the engine fuel) used in conjunction with selective catalytic reduction to reduce NO
                                <E T="52">X</E>
                                 emissions. 
                                <E T="03">Diesel exhaust fluid</E>
                                 is generally understood to be an aqueous solution of urea conforming to the specifications of ISO 22241.
                            </P>
                            <P>
                                <E T="03">Drive idle</E>
                                 means idle operation during which the vehicle operator 
                                <PRTPAGE P="7784"/>
                                remains in the vehicle cab, as evidenced by engaging the brake or clutch pedals, or by other indicators we approve.
                            </P>
                            <P>
                                <E T="03">Dual-fuel</E>
                                 means relating to an engine designed for operation on two different types of fuel but not on a continuous mixture of those fuels (see § 1036.601(d)). For purposes of this part, such an engine remains a dual-fuel engine even if it is designed for operation on three or more different fuels.
                            </P>
                            <P>
                                <E T="03">Electronic control module (ECM)</E>
                                 means an engine's electronic device that uses data from engine sensors to control engine parameters.
                            </P>
                            <P>
                                <E T="03">Emergency vehicle</E>
                                 means a vehicle that meets one of the following criteria:
                            </P>
                            <P>(1) It is an ambulance or a fire truck.</P>
                            <P>(2) It is a vehicle that we have determined will likely be used in emergency situations where emission control function or malfunction may cause a significant risk to human life. For example, we would consider a truck that is certain to be retrofitted with a slip-on firefighting module to become an emergency vehicle, even though it was not initially designed to be a fire truck. Also, a mobile command center that is unable to manually regenerate its DPF while on duty could be an emergency vehicle. In making this determination, we may consider any factor that has an effect on the totality of the actual risk to human life. For example, we may consider how frequently a vehicle will be used in emergency situations or how likely it is that the emission controls will cause a significant risk to human life when the vehicle is used in emergency situations. We would not consider the truck in the example above to be an emergency vehicle if there is merely a possibility (rather than a certainty) that it will be retrofitted with a slip-on firefighting module.</P>
                            <P>
                                <E T="03">Emission control system</E>
                                 means any device, system, or element of design that controls or reduces the emissions of regulated pollutants from an engine.
                            </P>
                            <P>
                                <E T="03">Emission-data engine</E>
                                 means an engine that is tested for certification. This includes engines tested to establish deterioration factors.
                            </P>
                            <P>
                                <E T="03">Emission-related component</E>
                                 has the meaning given in 40 CFR part 1068, appendix A.
                            </P>
                            <P>
                                <E T="03">Emission-related maintenance</E>
                                 means maintenance that substantially affects emissions or is likely to substantially affect emission deterioration.
                            </P>
                            <P>
                                <E T="03">Engine configuration</E>
                                 means a unique combination of engine hardware and calibration (related to the emission standards) within an engine family, which would include hybrid components for engines certified as hybrid engines and hybrid powertrains. Engines within a single engine configuration differ only with respect to normal production variability or factors unrelated to compliance with emission standards.
                            </P>
                            <P>
                                <E T="03">Engine family</E>
                                 has the meaning given in § 1036.230.
                            </P>
                            <P>
                                <E T="03">Excluded</E>
                                 means relating to engines that are not subject to some or all of the requirements of this part as follows:
                            </P>
                            <P>(1) An engine that has been determined not to be a heavy-duty engine is excluded from this part.</P>
                            <P>(2) Certain heavy-duty engines are excluded from the requirements of this part under § 1036.5.</P>
                            <P>(3) Specific regulatory provisions of this part may exclude a heavy-duty engine generally subject to this part from one or more specific standards or requirements of this part.</P>
                            <P>
                                <E T="03">Exempted</E>
                                 has the meaning given in 40 CFR 1068.30.
                            </P>
                            <P>
                                <E T="03">Exhaust gas recirculation</E>
                                 means a technology that reduces emissions by routing exhaust gases that had been exhausted from the combustion chamber(s) back into the engine to be mixed with incoming air before or during combustion. The use of valve timing to increase the amount of residual exhaust gas in the combustion chamber(s) that is mixed with incoming air before or during combustion is not considered exhaust gas recirculation for the purposes of this part.
                            </P>
                            <P>
                                <E T="03">Family certification level (FCL)</E>
                                 means a CO
                                <E T="52">2</E>
                                 emission level declared by the manufacturer that is at or above emission results for all emission-data engines.
                            </P>
                            <P>
                                <E T="03">Family emission limit (FEL)</E>
                                 means one of the following:
                            </P>
                            <P>
                                (1) For NO
                                <E T="52">X</E>
                                 emissions, 
                                <E T="03">family emission limit</E>
                                 means a NO
                                <E T="52">X</E>
                                 emission level declared by the manufacturer to serve in place of an otherwise applicable emission standard under the ABT program in subpart H of this part. The FEL serves as the emission standard for the engine family with respect to all required testing.
                            </P>
                            <P>
                                (2) For NHTSA's fuel efficiency program under 49 CFR part 535, 
                                <E T="03">family emission limit</E>
                                 means a fuel consumption level that serves as the standard that applies for testing individual certified engines. The CO
                                <E T="52">2</E>
                                 FEL is equal to the CO
                                <E T="52">2</E>
                                 FCL multiplied by 1.03 and rounded to the same number of decimal places as the standard.
                            </P>
                            <P>
                                <E T="03">Federal Test Procedure (FTP)</E>
                                 means the applicable transient duty cycle described in § 1036.512 designed to measure exhaust emissions during urban driving.
                            </P>
                            <P>
                                <E T="03">Final drive ratio (k</E>
                                <E T="54">d</E>
                                <E T="03">)</E>
                                 means the dimensionless number representing the angular speed of the transmission input shaft divided by the angular speed of the drive axle when the vehicle is operating in its highest available gear. The 
                                <E T="03">final drive ratio</E>
                                 is the transmission gear ratio (in the highest available gear) multiplied by the drive axle ratio.
                            </P>
                            <P>
                                <E T="03">Flexible-fuel</E>
                                 means relating to an engine designed for operation on any mixture of two or more different types of fuels (see § 1036.601(d)).
                            </P>
                            <P>
                                <E T="03">Fuel type</E>
                                 means a general category of fuels such as diesel fuel, gasoline, or natural gas. There can be multiple grades within a single fuel type, such as premium gasoline, regular gasoline, or gasoline with 10 percent ethanol.
                            </P>
                            <P>
                                <E T="03">Gear ratio or Transmission gear ratio (k</E>
                                <E T="52">g</E>
                                <E T="03">)</E>
                                 means the dimensionless number representing the angular speed of the transmission's input shaft divided by the angular speed of the transmission's output shaft when the transmission is operating in a specific gear.
                            </P>
                            <P>
                                <E T="03">Good engineering judgment</E>
                                 has the meaning given in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process we use to evaluate good engineering judgment.
                            </P>
                            <P>
                                <E T="03">Greenhouse gas Emissions Model (GEM)</E>
                                 means the GEM simulation tool described in 40 CFR 1037.520. Note that an updated version of GEM applies starting in model year 2021.
                            </P>
                            <P>
                                <E T="03">Gross vehicle weight rating (GVWR)</E>
                                 means the value specified by the vehicle manufacturer as the maximum design loaded weight of a single vehicle, consistent with good engineering judgment.
                            </P>
                            <P>
                                <E T="03">Heavy-duty engine</E>
                                 means any engine which the engine manufacturer could reasonably expect to be used for motive power in a heavy-duty vehicle. For purposes of this definition in this part, the term “engine” includes internal combustion engines and other devices that convert chemical fuel into motive power. For example, a gas turbine used in a heavy-duty vehicle is a heavy-duty engine.
                            </P>
                            <P>
                                <E T="03">Heavy-duty vehicle</E>
                                 means any motor vehicle above 8,500 pounds GVWR. An incomplete vehicle is also a heavy-duty vehicle if it has a curb weight above 6,000 pounds or a basic vehicle frontal area greater than 45 square feet. 
                                <E T="03">Curb weight</E>
                                 and 
                                <E T="03">basic vehicle frontal area</E>
                                 have the meaning given in 40 CFR 86.1803-01.
                            </P>
                            <P>
                                <E T="03">Hybrid</E>
                                 means relating to an engine or powertrain that includes a Rechargeable Energy Storage System. Hybrid engines store and recover energy in a way that is integral to the engine or otherwise upstream of the vehicle's transmission. Examples of hybrid engines include 
                                <PRTPAGE P="7785"/>
                                engines with hybrid components connected to the front end of the engine (P0), connected to the crankshaft before the clutch (P1), or connected between the clutch and the transmission where the clutch upstream of the hybrid feature is in addition to the transmission clutch or clutches (P2). Engine-based systems that recover kinetic energy to power an electric heater in the aftertreatment are themselves not sufficient to qualify as a hybrid engine. The provisions in this part that apply for hybrid powertrains apply equally for hybrid engines, except as specified. Note that certain provisions in this part treat hybrid powertrains intended for vehicles that include regenerative braking different than those intended for vehicles that do not include regenerative braking. The definition of hybrid includes plug-in hybrid electric powertrains.
                            </P>
                            <P>
                                <E T="03">Hydrocarbon (HC)</E>
                                 has the meaning given in 40 CFR 1065.1001.
                            </P>
                            <P>
                                <E T="03">Identification number</E>
                                 means a unique specification (for example, a model number/serial number combination) that allows someone to distinguish a particular engine from other similar engines.
                            </P>
                            <P>
                                <E T="03">Incomplete vehicle</E>
                                 means a vehicle meeting the definition of incomplete vehicle in 40 CFR 1037.801 when it is first sold (or otherwise delivered to another entity) as a vehicle.
                            </P>
                            <P>
                                <E T="03">Innovative technology</E>
                                 means technology certified under § 1036.610 (also described as “off-cycle technology”).
                            </P>
                            <P>
                                <E T="03">Liquefied petroleum gas (LPG)</E>
                                 means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of nonmethane compounds that are gases at atmospheric conditions. Note that, although this commercial term includes the word “petroleum”, LPG is not considered to be a petroleum fuel under the definitions of this section.
                            </P>
                            <P>
                                <E T="03">Low-hour</E>
                                 means relating to an engine that has stabilized emissions and represents the undeteriorated emission level. This would generally involve less than 300 hours of operation for engines with NO
                                <E T="52">X</E>
                                 aftertreatment and 125 hours of operation for other engines.
                            </P>
                            <P>
                                <E T="03">Manual transmission (MT)</E>
                                 means a transmission that requires the driver to shift the gears and manually engage and disengage the clutch.
                            </P>
                            <P>
                                <E T="03">Manufacture</E>
                                 means the physical and engineering process of designing, constructing, and/or assembling a heavy-duty engine or a heavy-duty vehicle.
                            </P>
                            <P>
                                <E T="03">Manufacturer</E>
                                 has the meaning given in 40 CFR 1068.30.
                            </P>
                            <P>
                                <E T="03">Medium-duty passenger vehicle</E>
                                 has the meaning given in 40 CFR 86.1803.
                            </P>
                            <P>
                                <E T="03">Model year</E>
                                 means the manufacturer's annual new model production period, except as restricted under this definition. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. Manufacturers may not adjust model years to circumvent or delay compliance with emission standards or to avoid the obligation to certify annually.
                            </P>
                            <P>
                                <E T="03">Motorcoach</E>
                                 means a heavy-duty vehicle designed for carrying 30 or more passengers over long distances. Such vehicles are characterized by row seating, rest rooms, and large luggage compartments, and facilities for stowing carry-on luggage.
                            </P>
                            <P>
                                <E T="03">Motor vehicle</E>
                                 has the meaning given in 40 CFR 85.1703.
                            </P>
                            <P>
                                <E T="03">Natural gas</E>
                                 means a fuel whose primary constituent is methane.
                            </P>
                            <P>
                                <E T="03">Neat</E>
                                 has the meaning given in 40 CFR 1065.1001.
                            </P>
                            <P>
                                <E T="03">New motor vehicle engine</E>
                                 has the meaning given in the Act. This generally means a motor vehicle engine meeting any of the following:
                            </P>
                            <P>
                                (1) A motor vehicle engine for which the ultimate purchaser has never received the equitable or legal title is a 
                                <E T="03">new motor vehicle engine.</E>
                                 This kind of engine might commonly be thought of as “brand new” although a 
                                <E T="03">new motor vehicle engine</E>
                                 may include previously used parts. Under this definition, the engine is new from the time it is produced until the ultimate purchaser receives the title or places it into service, whichever comes first.
                            </P>
                            <P>
                                (2) An imported motor vehicle engine is a 
                                <E T="03">new motor vehicle engine</E>
                                 if it was originally built on or after January 1, 1970.
                            </P>
                            <P>(3) Any motor vehicle engine installed in a new motor vehicle.</P>
                            <P>
                                <E T="03">Noncompliant engine</E>
                                 means an engine that was originally covered by a certificate of conformity, but is not in the certified configuration or otherwise does not comply with the conditions of the certificate.
                            </P>
                            <P>
                                <E T="03">Nonconforming engine</E>
                                 means an engine not covered by a certificate of conformity that would otherwise be subject to emission standards.
                            </P>
                            <P>
                                <E T="03">Nonmethane hydrocarbon (NMHC)</E>
                                 means the sum of all hydrocarbon species except methane, as measured according to 40 CFR part 1065.
                            </P>
                            <P>
                                <E T="03">Nonmethane hydrocarbon equivalent (NMHCE)</E>
                                 has the meaning given in 40 CFR 1065.1001.
                            </P>
                            <P>
                                <E T="03">Nonmethane nonethane hydrocarbon equivalent (NMNEHC)</E>
                                 has the meaning given in 40 CFR 1065.1001.
                            </P>
                            <P>
                                <E T="03">Off-cycle technology</E>
                                 means technology certified under § 1036.610 (also described as “innovative technology”).
                            </P>
                            <P>
                                <E T="03">Official emission result</E>
                                 means the measured emission rate for an emission-data engine on a given duty cycle before the application of any deterioration factor, but after the applicability of any required regeneration or other adjustment factors.
                            </P>
                            <P>
                                <E T="03">Owners manual</E>
                                 means a document or collection of documents prepared by the engine or vehicle manufacturer for the owner or operator to describe appropriate engine maintenance, applicable warranties, and any other information related to operating or keeping the engine. The owners manual is typically provided to the ultimate purchaser at the time of sale. The owners manual may be in paper or electronic format.
                            </P>
                            <P>
                                <E T="03">Oxides of nitrogen</E>
                                 has the meaning given in 40 CFR 1065.1001.
                            </P>
                            <P>
                                <E T="03">Percent</E>
                                 has the meaning given in 40 CFR 1065.1001. Note that this means percentages identified in this part are assumed to be infinitely precise without regard to the number of significant figures. For example, one percent of 1,493 is 14.93.
                            </P>
                            <P>
                                <E T="03">Placed into service</E>
                                 means put into initial use for its intended purpose, excluding incidental use by the manufacturer or a dealer.
                            </P>
                            <P>
                                <E T="03">Preliminary approval</E>
                                 means approval granted by an authorized EPA representative prior to submission of an application for certification, consistent with the provisions of § 1036.210.
                            </P>
                            <P>
                                <E T="03">Primary intended service class</E>
                                 has the meaning given in § 1036.140.
                            </P>
                            <P>
                                <E T="03">Rechargeable Energy Storage System (RESS)</E>
                                 has the meaning given in 40 CFR 1065.1001.
                            </P>
                            <P>
                                <E T="03">Relating to</E>
                                 as used in this section means relating to something in a specific, direct manner. This expression is used in this section only to define terms as adjectives and not to broaden the meaning of the terms.
                            </P>
                            <P>
                                <E T="03">Revoke</E>
                                 has the meaning given in 40 CFR 1068.30.
                            </P>
                            <P>
                                <E T="03">Round</E>
                                 has the meaning given in 40 CFR 1065.1001.
                            </P>
                            <P>
                                <E T="03">Sample</E>
                                 means the collection of engines selected from the population of an engine family for emission testing. This may include testing for certification, production-line testing, or in-use testing.
                            </P>
                            <P>
                                <E T="03">Scheduled maintenance</E>
                                 means adjusting, removing, disassembling, cleaning, or replacing components or systems periodically to keep a part or 
                                <PRTPAGE P="7786"/>
                                system from failing, malfunctioning, or wearing prematurely.
                            </P>
                            <P>
                                <E T="03">Small manufacturer</E>
                                 means a manufacturer meeting the criteria specified in 13 CFR 121.201. The employee and revenue limits apply to the total number of employees and total revenue together for all affiliated companies (as defined in 40 CFR 1068.30). Note that manufacturers with low production volumes may or may not be “small manufacturers”.
                            </P>
                            <P>
                                <E T="03">Spark-ignition</E>
                                 means relating to a gasoline-fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark-ignition engines usually use a throttle to regulate intake air flow to control power during normal operation.
                            </P>
                            <P>
                                <E T="03">Stop-start</E>
                                 means a vehicle technology that automatically turns the engine off when the vehicle is stopped.
                            </P>
                            <P>
                                <E T="03">Steady-state</E>
                                 has the meaning given in 40 CFR 1065.1001. This includes idle testing where engine speed and load are held at a finite set of nominally constant values.
                            </P>
                            <P>
                                <E T="03">Suspend</E>
                                 has the meaning given in 40 CFR 1068.30.
                            </P>
                            <P>
                                <E T="03">Test engine</E>
                                 means an engine in a sample.
                            </P>
                            <P>
                                <E T="03">Tractor</E>
                                 means a vehicle meeting the definition of “tractor” in 40 CFR 1037.801, but not classified as a “vocational tractor” under 40 CFR 1037.630, or relating to such a vehicle.
                            </P>
                            <P>
                                <E T="03">Ultimate purchaser</E>
                                 means, with respect to any new engine or vehicle, the first person who in good faith purchases such new engine or vehicle for purposes other than resale.
                            </P>
                            <P>
                                <E T="03">United States</E>
                                 has the meaning given in 40 CFR 1068.30.
                            </P>
                            <P>
                                <E T="03">Upcoming model year</E>
                                 means for an engine family the model year after the one currently in production.
                            </P>
                            <P>
                                <E T="03">U.S.-directed production volume</E>
                                 means the number of engines, subject to the requirements of this part, produced by a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate purchasers in the United States.
                            </P>
                            <P>
                                <E T="03">Vehicle</E>
                                 has the meaning given in 40 CFR 1037.801.
                            </P>
                            <P>
                                <E T="03">Vocational vehicle</E>
                                 means a vehicle meeting the definition of “vocational” vehicle in 40 CFR 1037.801.
                            </P>
                            <P>
                                <E T="03">Void</E>
                                 has the meaning given in 40 CFR 1068.30.
                            </P>
                            <P>
                                <E T="03">We (us, our)</E>
                                 means the Administrator of the Environmental Protection Agency and any authorized representatives for issues related to criteria pollutant standards. In the case of testing, compliance, and approvals related to fuel consumption standards, “we (us, our)” includes the Administrator of the National Highway Traffic Safety Administration (NHTSA) and any authorized representatives.
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1036.805 </SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>
                            116. Amend § 1036.805 in table 1 to paragraph (a) by removing the entries for “CH
                            <E T="52">4</E>
                            ” and “N
                            <E T="52">2</E>
                            O”.
                        </AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>117. Amend § 1036.815 by revising paragraph (b) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1036.815 </SECTNO>
                            <SUBJECT>Confidential information.</SUBJECT>
                            <STARS/>
                            <P>(b) Emission data or information that is publicly available cannot be treated as confidential business information as described in 40 CFR 1068.11. Data that vehicle manufacturers need for demonstrating compliance with standards, including fuel-consumption data as described in §§ 1036.535 and 1036.545, also qualify as emission data for purposes of confidentiality determinations.</P>
                        </SECTION>
                    </REGTEXT>
                    <PART>
                        <HD SOURCE="HED">PART 1037—CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES</HD>
                    </PART>
                    <REGTEXT TITLE="40" PART="1037">
                        <AMDPAR>118. The authority citation for part 1037 continues to read as follows:</AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority:</HD>
                            <P>42 U.S.C. 7401-7671q.</P>
                        </AUTH>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>119. Amend § 1037.1 by adding paragraph (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.1 </SECTNO>
                            <SUBJECT>Applicability.</SUBJECT>
                            <STARS/>
                            <P>
                                (c) This part establishes criteria pollutant and evaporative and refueling standards as described in § 1037.101. This part does not establish standards for CO
                                <E T="52">2</E>
                                 or other greenhouse gas emissions, but it includes certification and testing provisions related to CO
                                <E T="52">2</E>
                                 emissions to support the fuel consumption standards for heavy-duty vehicles adopted by the Department of Transportation's National Highway Traffic and Safety Administration (NHTSA) under 49 CFR part 535.
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1037.5 </SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>120. Amend § 1037.5 by removing and reserving paragraphs (c) and (d).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>121. Amend § 1037.15 by revising paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.15 </SECTNO>
                            <SUBJECT>Do any other regulation parts apply to me?</SUBJECT>
                            <P>(a) Parts 1065 and 1066 of this chapter describe procedures and equipment specifications for testing engines and vehicles to measure exhaust emissions. Subpart F of this part 1037 describes how to apply the testing provisions of 40 CFR parts 1065 and 1066.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1037.101 </SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>122. Amend § 1037.101 by removing and reserving paragraphs (a)(2) and (b)(2).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>123. Amend § 1037.102 by revising the section heading and adding paragraph (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.102 </SECTNO>
                            <SUBJECT>
                                Criteria pollutant exhaust emission standards—NO
                                <E T="0735">X</E>
                                , HC, PM, and CO.
                            </SUBJECT>
                            <STARS/>
                            <P>(c) Starting in model year 2024, auxiliary power units installed on new tractors, including tractors that are glider vehicles or tractors with no installed propulsion engine, must be certified to the PM emission standard specified in 40 CFR 1039.699. For model years 2021 through 2023, the APU engine must be certified under 40 CFR part 1039 with a deteriorated emission level for PM at or below 0.15 g/kW-hr. Selling, offering for sale, or introducing or delivering into commerce in the United States or importing into the United States a new tractor subject to this standard is a violation of 40 CFR 1068.101(a)(1) unless the auxiliary power unit has a valid certificate of conformity and the required label showing that it meets the PM standard specified in 40 CFR 1039.699 as described in this paragraph (c).</P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ § 1037.105 and 1037.106 </SECTNO>
                        <SUBJECT>[Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>124. Remove §§ 1037.105 and 1037.106.</AMDPAR>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1037.115 </SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>125. Amend § 1037.115 by removing paragraphs (e) and (f).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>126. Revise and republish § 1037.120 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.120 </SECTNO>
                            <SUBJECT>Emission-related warranty requirements.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General requirements.</E>
                                 You must warrant to the ultimate purchaser and each subsequent purchaser that each new vehicle, including all parts of its emission control system, meets two conditions:
                            </P>
                            <P>(1) It is designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this part.</P>
                            <P>(2) It is free from defects in materials and workmanship that cause the vehicle to fail to conform to the requirements of this part during the applicable warranty period.</P>
                            <P>
                                (b) 
                                <E T="03">Warranty period.</E>
                                 (1) Your emission-related warranty must be valid for at least:
                            </P>
                            <P>(i) 5 years or 50,000 miles for Light HDV.</P>
                            <P>
                                (ii) 5 years or 100,000 miles for heavy-duty vehicles above 19,500 pounds GVWR.
                                <PRTPAGE P="7787"/>
                            </P>
                            <P>(2) You may offer an emission-related warranty more generous than we require. The emission-related warranty for the vehicle may not be shorter than any basic mechanical warranty you provide to that owner without charge for the vehicle. Similarly, the emission-related warranty for any component may not be shorter than any warranty you provide to that owner without charge for that component. This means that your warranty for a given vehicle may not treat emission-related and nonemission-related defects differently for any component. The warranty period begins when the vehicle is placed into service.</P>
                            <P>
                                (c) 
                                <E T="03">Components covered.</E>
                                 The emission-related warranty covers fuel cell stacks, RESS, and other components used with battery electric vehicles and fuel cell electric vehicles. The emission-related warranty covers all components whose failure would increase a vehicle's evaporative and refueling emissions (for vehicles subject to evaporative and refueling emission standards). The emission-related warranty covers components that are part of your certified configuration even if another company produces the component.
                            </P>
                            <P>
                                (d) 
                                <E T="03">Limited applicability.</E>
                                 You may deny warranty claims under this section if the operator caused the problem through improper maintenance or use, as described in 40 CFR 1068.115.
                            </P>
                            <P>
                                (e) 
                                <E T="03">Owners manual.</E>
                                 Describe in the owners manual the emission-related warranty provisions from this section that apply to the vehicle.
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>127. Revise § 1037.125 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.125 </SECTNO>
                            <SUBJECT>Maintenance instructions and allowable maintenance.</SUBJECT>
                            <P>Give the ultimate purchaser of each new vehicle written instructions for properly maintaining and using the emission control system. </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <SECTION>
                            <SECTNO>§ 1037.135 </SECTNO>
                            <SUBJECT>[Amended]</SUBJECT>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>128. Amend § 1037.135 by removing and reserving paragraphs (c)(6) and (7).</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>129. Amend § 1037.140 by revising paragraphs (g) introductory text and (g)(6) and (7) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.140 </SECTNO>
                            <SUBJECT>Classifying vehicles and determining vehicle parameters.</SUBJECT>
                            <STARS/>
                            <P>(g) The provisions of this part relating to NHTSA's fuel efficiency program under 49 CFR part 535 apply to specific vehicle service classes as follows:</P>
                            <STARS/>
                            <P>(6) In certain circumstances, you may certify vehicles to standards that apply for a different vehicle service class. If you optionally certify vehicles to different standards, those vehicles are subject to all the regulatory requirements as if the standards were mandatory.</P>
                            <P>(7) Custom chassis vehicles are subject to the following vehicle service classes instead of the other provisions in this section:</P>
                            <P>(i) School buses and motor homes are considered “Medium HDV”.</P>
                            <P>(ii) All other custom-chassis are considered “Heavy HDV”.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>130. Revise and republish § 1037.150 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.150 </SECTNO>
                            <SUBJECT>Interim provisions.</SUBJECT>
                            <P>The provisions in this section apply instead of other provisions in this part.</P>
                            <P>
                                (a) 
                                <E T="03">Incentives for early introduction.</E>
                                 The provisions of this paragraph (a) apply with respect to vehicles produced in model years before 2014. Manufacturers may voluntarily certify in model year 2013 (or earlier model years for electric vehicles) to the fuel consumption standards of 49 CFR part 535.
                            </P>
                            <P>(1) This paragraph (a)(1) applies for regulatory subcategories subject to the standards of 49 CFR part 535. Except as specified in paragraph (a)(3) of this section, to generate early credits under this paragraph (a)(1) for any vehicles other than electric vehicles, you must certify your entire U.S.-directed production volume within the regulatory subcategory to the standards of 49 CFR part 535. Except as specified in paragraph (a)(4) of this section, if some vehicle families within a regulatory subcategory are certified after the start of the model year, you may generate credits only for production that occurs after all families are certified. For example, if you produce three vehicle families in an averaging set and you receive your certificates for those families on January 4, 2013, March 15, 2013, and April 24, 2013, you may not generate credits for model year 2013 production in any of the families that occurs before April 24, 2013. Calculate credits relative to the standard that would apply in model year 2014 using the equations in subpart H of this part. You may bank credits equal to the surplus credits you generate under this paragraph (a) multiplied by 1.50. For example, if you have 1.0 Mg of surplus credits for model year 2013, you may bank 1.5 Mg of credits. Credit deficits for an averaging set prior to model year 2014 do not carry over to model year 2014. These credits may be used to show compliance with the standards of this part for 2014 and later model years. We recommend that you notify us of your intent to use this paragraph (a)(1) before submitting your applications.</P>
                            <P>(2) [Reserved]</P>
                            <P>(3) You may generate credits for the number of additional SmartWay designated tractors (relative to your 2012 production), provided you do not generate credits for those vehicles under paragraph (a)(1) of this section. Calculate credits for each regulatory subcategory relative to the standard that would apply in model year 2014 using the equations in subpart H of this part. Use a production volume equal to the number of designated model year 2013 SmartWay tractors minus the number of designated model year 2012 SmartWay tractors. You may bank credits equal to the surplus credits you generate under this paragraph (a)(3) multiplied by 1.50. Your 2012 and 2013 model years must be equivalent in length.</P>
                            <P>(4) This paragraph (a)(4) applies where you do not receive your final certificate in a regulatory subcategory within 30 days of submitting your final application for that subcategory. Calculate your credits for all production that occurs 30 days or more after you submit your final application for the subcategory.</P>
                            <P>
                                (b) 
                                <E T="03">Phase 1 coastdown procedures.</E>
                                 For tractors subject to Phase 1 standards, the default method for measuring drag area (
                                <E T="03">C</E>
                                <E T="52">d</E>
                                <E T="03">A</E>
                                ) is the coastdown procedure specified in 40 CFR part 1066, subpart D. This includes preparing the tractor and the standard trailer with wheels meeting specifications of § 1037.528(b) and submitting information related to your coastdown testing under § 1037.528(h).
                            </P>
                            <P>
                                (c) 
                                <E T="03">Small manufacturers.</E>
                                 The following provisions apply for qualifying small manufacturers:
                            </P>
                            <P>(1) The fuel consumption standards under 49 CFR part 535 are optional for small manufacturers producing vehicles with a date of manufacture before January 1, 2022. In addition, small manufacturers producing vehicles that run on any fuel other than gasoline, E85, or diesel fuel may delay complying with every later standard under this part by one model year.</P>
                            <P>(2) Qualifying manufacturers must notify the Designated Compliance Officer each model year before introducing excluded vehicles into U.S. commerce. This notification must include a description of the manufacturer's qualification as a small business under 13 CFR 121.201.</P>
                            <P>
                                (3) Small manufacturers may meet Phase 1 standards instead of Phase 2 standards in the first year Phase 2 standards apply to them if they voluntarily comply with the Phase 1 standards for the full preceding year. 
                                <PRTPAGE P="7788"/>
                                Specifically, small manufacturers may certify their model year 2022 vehicles to the Phase 1 fuel consumption standards under 49 CFR part 535 if they certify all the vehicles from their annual production volume included in emission credit calculations for the Phase 1 standards starting on or before January 1, 2021.
                            </P>
                            <P>(4) See paragraphs (r), (t), (u), and (w) of this section for additional allowances for small manufacturers.</P>
                            <P>(d)-(f) [Reserved]</P>
                            <P>
                                (g) 
                                <E T="03">Compliance date.</E>
                                 Compliance with the standards of this part was optional prior to January 1, 2014. This means that if your 2014 model year begins before January 1, 2014, you may certify for a partial model year that begins on January 1, 2014, and ends on the day your model year would normally end.
                            </P>
                            <P>
                                (h) 
                                <E T="03">Off-road vehicle exemption.</E>
                                 (1) Vocational vehicles with a date of manufacture before January 1, 2021, automatically qualify for an exemption under § 1037.631 if the tires installed on the vehicle have a maximum speed rating at or below 55 miles per hour.
                            </P>
                            <P>(2) In unusual circumstances, vehicle manufacturers may ask us to exempt vehicles under § 1037.631 based on other criteria that are equivalent to those specified in § 1037.631(a); however, we will normally not grant relief in cases where the vehicle manufacturer has credits or can otherwise comply with applicable standards. Request approval for an exemption under this paragraph (h) before you produce the subject vehicles.</P>
                            <P>
                                (i) 
                                <E T="03">Limited carryover from Phase 1 to Phase 2.</E>
                                 The provisions for carryover data in § 1037.235(d) do not allow you to use aerodynamic test results from Phase 1 to support a compliance demonstration for Phase 2 certification.
                            </P>
                            <P>
                                (j) 
                                <E T="03">Limited prohibition related to early model year engines.</E>
                                 The provisions of this paragraph (j) apply only for vehicles that have a date of manufacture before January 1, 2018. See § 1037.635 for related provisions that apply in later model years. The prohibition in § 1037.601 against introducing into U.S. commerce a vehicle containing an engine not certified to the standards applicable for the calendar year of installation does not apply for vehicles using model year 2014 or 2015 spark-ignition engines, or any model year 2013 or earlier engines.
                            </P>
                            <P>
                                (k) 
                                <E T="03">Verifying drag areas from in-use tractors.</E>
                                 This paragraph (k) applies for tractors instead of § 1037.401(b) through model year 2020. We may measure the drag area of your vehicles after they have been placed into service. To account for measurement variability, your vehicle is deemed to conform to the regulations of this part with respect to aerodynamic performance if we measure its drag area to be at or below the maximum drag area allowed for the bin above the bin to which you certified (for example, Bin II if you certified the vehicle to Bin III), unless we determine that you knowingly produced the vehicle to have a higher drag area than is allowed for the bin to which it was certified.
                            </P>
                            <P>(l) [Reserved]</P>
                            <P>
                                (m) 
                                <E T="03">Loose engine sales.</E>
                                 Manufacturers may certify certain spark-ignition engines along with chassis-certified heavy-duty vehicles where they are identical to engines used in those vehicles as described in 40 CFR 86.1819-14(k)(8). Vehicles in which those engines are installed are subject to standards under 49 CFR part 535.
                            </P>
                            <P>
                                (n) 
                                <E T="03">Transition to engine-based model years.</E>
                                 The following provisions apply for production and ABT reports during the transition to engine-based model year determinations for vehicles in 2020 and 2021:
                            </P>
                            <P>(1) If you install model year 2020 or earlier engines in your vehicles in calendar year 2020, include all those Phase 1 vehicles in your production and ABT reports related to model year 2020 compliance, although we may require you identify these separately from vehicles produced in calendar year 2019.</P>
                            <P>(2) If you install model year 2020 engines in your vehicles in calendar year 2021, submit production and ABT reports for those Phase 1 vehicles separate from the reports you submit for Phase 2 vehicles with model year 2021 engines.</P>
                            <P>(o)-(p) [Reserved]</P>
                            <P>
                                (q) 
                                <E T="03">Vehicle families for advanced and off-cycle technologies.</E>
                                 Apply the following provisions for grouping vehicles into families if you use off-cycle technologies under § 1037.610 or advanced technologies under § 1037.615:
                            </P>
                            <P>(1) For Phase 1 vehicles, create separate vehicle families for vehicles that contain advanced or off-cycle technologies; group those vehicles together in a vehicle family if they use the same advanced or off-cycle technologies.</P>
                            <P>(2) For Phase 2 vehicles, create separate vehicle subfamilies for vehicles that contain advanced or off-cycle technologies; group those vehicles together in a vehicle subfamily if they use the same advanced or off-cycle technologies.</P>
                            <P>
                                (r) 
                                <E T="03">Conversion to mid-roof and high-roof configurations.</E>
                                 Secondary vehicle manufacturers that qualify as small manufacturers may convert low- and mid-roof tractors to mid- and high-roof configurations without recertification for the purpose of building a custom sleeper tractor or converting it to run on natural gas, as follows:
                            </P>
                            <P>(1) The original low- or mid-roof tractor must be covered by a valid certificate of conformity.</P>
                            <P>(2) The modifications may not increase the frontal area of the tractor beyond the frontal area of the equivalent mid- or high-roof tractor with the corresponding standard trailer. Note that these dimensions have a tolerance of ±2 inches. Use good engineering judgment to achieve aerodynamic performance similar to or better than the certifying manufacturer's corresponding mid- or high-roof tractor.</P>
                            <P>(3) [Reserved]</P>
                            <P>(4) We may require that you submit annual production reports as described in § 1037.250.</P>
                            <P>(5) Modifications made under this paragraph (r) do not violate 40 CFR 1068.101(b)(1).</P>
                            <P>
                                (s) 
                                <E T="03">Confirmatory testing for F</E>
                                <E T="54">alt-aero</E>
                                <E T="03">.</E>
                                 If we conduct coastdown testing to verify your 
                                <E T="03">F</E>
                                <E T="52">alt-aero</E>
                                 value for Phase 2 and later tractors, we will make our determination using the principles of SEA testing in § 1037.305. We will not replace your 
                                <E T="03">F</E>
                                <E T="52">alt-aero</E>
                                 value if the tractor passes. If your tractor fails, we will generate a replacement value of 
                                <E T="03">F</E>
                                <E T="52">alt-aero</E>
                                 based on at least one 
                                <E T="03">C</E>
                                <E T="52">d</E>
                                <E T="03">A</E>
                                 value and corresponding effective yaw angle, 
                                <E T="8153">c</E>
                                <E T="52">eff</E>
                                , from a minimum of 100 valid runs using the procedures of § 1037.528(h). Note that we intend to minimize the differences between our test conditions and those of the manufacturer by testing at similar times of the year where possible and the same location where possible and when appropriate.
                            </P>
                            <P>
                                (t) 
                                <E T="03">Glider kits and glider vehicles.</E>
                                 (1) Glider vehicles conforming to the requirements in this paragraph (t)(1) are exempt from the Phase 1 emission standards of this part 1037 prior to January 1, 2021. Engines in such vehicles (including vehicles produced after January 1, 2021) remain subject to the requirements of 40 CFR part 86 applicable for the engines' original model year, but not subject to the Phase 1 or Phase 2 standards of 40 CFR part 1036 unless they were originally manufactured in model year 2014 or later.
                            </P>
                            <P>
                                (i) You are eligible for the exemption in this paragraph (t)(1) if you are a small manufacturer and you sold one or more glider vehicles in 2014 under the provisions of paragraph (c) of this section. You do not qualify if you only produced glider vehicles for your own use. You must notify us of your plans to use this exemption before you 
                                <PRTPAGE P="7789"/>
                                introduce exempt vehicles into U.S. commerce. In your notification, you must identify your annual U.S.-directed production volume (and sales, if different) of such vehicles for calendar years 2010 through 2014. Vehicles you produce before notifying us are not exempt under this section.
                            </P>
                            <P>(ii) In a given calendar year, you may produce up to 300 exempt vehicles under this section, or up to the highest annual production volume you identify in this paragraph (t)(1), whichever is less.</P>
                            <P>(iii) Identify the number of exempt vehicles you produced under this exemption for the preceding calendar year in your annual report under § 1037.250.</P>
                            <P>(iv) Include the appropriate statement on the label required under § 1037.135, as follows:</P>
                            <P>(A) For Phase 1 vehicles, “THIS VEHICLE AND ITS ENGINE ARE EXEMPT UNDER 40 CFR 1037.150(t)(1).”</P>
                            <P>(B) For Phase 2 vehicles, “THE ENGINE IN THIS VEHICLE IS EXEMPT UNDER 40 CFR 1037.150(t)(1).”</P>
                            <P>(v) If you produce your glider vehicle by installing remanufactured or previously used components in a glider kit produced by another manufacturer, you must provide the following to the glider kit manufacturer prior to obtaining the glider kit:</P>
                            <P>(A) Your name, the name of your company, and contact information.</P>
                            <P>(B) A signed statement that you are a qualifying small manufacturer and that your production will not exceed the production limits of this paragraph (t)(1). This statement is deemed to be a submission to EPA, and we may require the glider kit manufacturer to provide a copy to us at any time.</P>
                            <P>(vi) The exemption in this paragraph (t)(1) is valid for a given vehicle and engine only if you meet all the requirements and conditions of this paragraph (t)(1) that apply with respect to that vehicle and engine. Introducing such a vehicle into U.S. commerce without meeting all applicable requirements and conditions violates 40 CFR 1068.101(a)(1).</P>
                            <P>(vii) Companies that are not small manufacturers may sell uncertified incomplete vehicles without engines to small manufacturers for the purpose of producing exempt vehicles under this paragraph (t)(1), subject to the provisions of § 1037.622. However, such companies must take reasonable steps to ensure that their incomplete vehicles will be used in conformance with the requirements of this part.</P>
                            <P>(2) Glider vehicles produced using engines certified to model year 2010 or later standards for all pollutants are subject to the same provisions that apply to vehicles using engines within their useful life in § 1037.635.</P>
                            <P>(3) For calendar year 2017, you may produce a limited number of glider kits and/or glider vehicles subject to the requirements applicable to model year 2016 glider vehicles, instead of the requirements of § 1037.635. The limit applies to your combined 2017 production of glider kits and glider vehicles and is equal to your highest annual production of glider kits and glider vehicles for any year from 2010 to 2014. Any glider kits or glider vehicles produced beyond this cap are subject to the provisions of § 1037.635. Count any glider kits and glider vehicles you produce under paragraph (t)(1) of this section as part of your production with respect to this paragraph (t)(3).</P>
                            <P>
                                (u) 
                                <E T="03">Transition to Phase 2 standards.</E>
                                 The following provisions allow for enhanced generation and use of emission credits from Phase 1 vehicles for meeting the Phase 2 standards:
                            </P>
                            <P>(1) For vocational Light HDV and vocational Medium HDV, credits you generate in model years 2018 through 2021 may be used through model year 2027, instead of being limited to a five-year credit life as specified in § 1037.740(c). For Class 8 vocational vehicles with Medium HDE, we will approve your request to generate these credits in and use these credits for the Medium HDV averaging set if you show that these vehicles would qualify as Medium HDV under the Phase 2 program as described in § 1037.140(g)(4).</P>
                            <P>(2) You may use the off-cycle provisions of § 1037.610 to apply technologies to Phase 1 vehicles as follows:</P>
                            <P>(i) You may apply an improvement factor of 0.988 for vehicles with automatic tire inflation systems on all axles.</P>
                            <P>(ii) For vocational vehicles with automatic engine shutdown systems that conform with § 1037.660, you may apply an improvement factor of 0.95.</P>
                            <P>(iii) For vocational vehicles with stop-start systems that conform with § 1037.660, you may apply an improvement factor of 0.92.</P>
                            <P>(iv) For vocational vehicles with neutral-idle systems conforming with § 1037.660, you may apply an improvement factor of 0.98. You may adjust this improvement factor if we approve a partial reduction under § 1037.660(a)(2); for example, if your design reduces fuel consumption by half as much as shifting to neutral, you may apply an improvement factor of 0.99.</P>
                            <P>(3) Small manufacturers may generate credits for natural gas-fueled vocational vehicles as follows:</P>
                            <P>(i) Small manufacturers may certify their vehicles instead of relying on the exemption of paragraph (c) of this section. The provisions of this part apply for such vehicles, except as specified in this paragraph (u)(3).</P>
                            <P>
                                (ii) Use GEM version 2.0.1 to determine a fuel consumption level for your vehicle, then multiply this value by the engine's Family Certification Level for CO
                                <E T="52">2</E>
                                 and divide by the engine's applicable fuel consumption standard.
                            </P>
                            <P>(4) Phase 1 vocational vehicle credits that small manufacturers generate may be used through model year 2027.</P>
                            <P>(v) [Reserved]</P>
                            <P>
                                (w) 
                                <E T="03">Custom-chassis standards for small manufacturers.</E>
                                 The following provisions apply uniquely to qualifying small manufacturers under the custom-chassis standards of § 1037.105(h):
                            </P>
                            <P>(1) You may use emission credits generated under § 1037.105(d), including banked or traded credits from any averaging set. Such credits remain subject to other limitations that apply under subpart H of this part.</P>
                            <P>(2) You may produce up to 200 drayage tractors in a given model year to the standards described in § 1037.105(h) for “other buses”. The limit in this paragraph (w)(2) applies with respect to vehicles produced by you and your affiliated companies. Treat these drayage tractors as being in their own averaging set.</P>
                            <P>
                                (x) 
                                <E T="03">Transition to updated GEM.</E>
                                 (1) Vehicle manufacturers may demonstrate compliance with Phase 2 greenhouse gas standards in model years 2021 through 2023 using GEM Phase 2, Version 3.0, Version 3.5.1, or Version 4.0 (all incorporated by reference, see § 1037.810). Manufacturers may change to a different version of GEM for model years 2022 and 2023 for a given vehicle family after initially submitting an application for certification; such a change must be documented as an amendment under § 1037.225. Manufacturers may submit an end-of-year report for model year 2021 using any of the three regulatory versions of GEM, but only for demonstrating compliance with the custom-chassis standards in § 1037.105(h); such a change must be documented in the report submitted under § 1037.730. Once a manufacturer certifies a vehicle family based on GEM Version 4.0, it may not revert back to using GEM Phase 2, Version 3.0 or Version 3.5.1 for that vehicle family in any model year.
                            </P>
                            <P>
                                (2) Vehicle manufacturers may certify for model years 2021 through 2023 based on fuel maps from engines or 
                                <PRTPAGE P="7790"/>
                                powertrains that were created using GEM Phase 2, Version 3.0, Version 3.5.1, or Version 4.0 (all incorporated by reference, see § 1037.810). Vehicle manufacturers may alternatively certify in those years based on fuel maps from powertrains that were created using GEM Phase 2, Version 3.0, GEM HIL model 3.8, or GEM Phase 2, Version 4.0 (all incorporated by reference, see § 1037.810). Vehicle manufacturers may continue to certify vehicles in later model years using fuel maps generated with earlier versions of GEM for model year 2024 and later vehicle families that qualify for using carryover provisions in § 1037.235(d).
                            </P>
                            <P>(y) [Reserved]</P>
                            <P>
                                (z) 
                                <E T="03">Constraints for vocational regulatory subcategories.</E>
                                 The following provisions apply to determinations of vocational regulatory subcategories as described in § 1037.140:
                            </P>
                            <P>(1) Select the Regional regulatory subcategory for coach buses and motor homes.</P>
                            <P>(2) You may not select the Urban regulatory subcategory for any vehicle with a manual or single-clutch automated manual transmission.</P>
                            <P>(3) Starting in model year 2024, you must select the Regional regulatory subcategory for any vehicle with a manual transmission.</P>
                            <P>(4) You may select the Multi-purpose regulatory subcategory for any vocational vehicle, except as specified in paragraph (v)(1) of this section.</P>
                            <P>(5) You may select the Urban regulatory subcategory for a hybrid vehicle equipped with regenerative braking, unless it is equipped with a manual transmission.</P>
                            <P>(6) You may select the Urban regulatory subcategory for any vehicle with a hydrokinetic torque converter paired with an automatic transmission, or a continuously variable automatic transmission, or a dual-clutch transmission with no more than two consecutive forward gears between which it is normal for both clutches to be momentarily disengaged.</P>
                            <P>
                                (aa) 
                                <E T="03">Warranty for components used with battery electric vehicles and fuel cell electric vehicles.</E>
                                 The emission-related warranty requirements in § 1037.120 are optional for fuel cell stacks, RESS, and other components used with battery electric vehicles and fuel cell electric vehicles before model year 2027.
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>131. Amend § 1037.201 by revising paragraph (i) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.201 </SECTNO>
                            <SUBJECT>General requirements for obtaining a certificate of conformity.</SUBJECT>
                            <STARS/>
                            <P>(i) Vehicles and installed engines must meet exhaust, evaporative, and refueling emission standards and certification requirements as described in §§ 1037.102 and 1037.103, as applicable. Include the information described in 40 CFR part 86, subpart S, or 40 CFR 1036.205 in your application for certification in addition to what we specify in § 1037.205 so we can issue a single certificate of conformity for all the requirements that apply for your vehicle and the installed engine. </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>132. Amend § 1037.205 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraph (b) introductory text and (b)(8);</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraphs (c) and (q); and</AMDPAR>
                        <AMDPAR>c. Revising paragraph (t).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1037.205 </SECTNO>
                            <SUBJECT>What must I include in my application?</SUBJECT>
                            <STARS/>
                            <P>(b) Explain how the emission control system operates. As applicable, describe in detail all system components for controlling emissions, including all auxiliary emission control devices (AECDs) and all fuel-system components you will install on any production vehicle. For any vehicle using RESS (such as fuel cell electric vehicles and battery electric vehicles), describe in detail all components needed to charge the system, store energy, and transmit power to move the vehicle. Identify the part number of each component you describe. For this paragraph (b), treat as separate AECDs any devices that modulate or activate differently from each other. Also describe your modeling inputs as described in § 1037.520, with the following additional information if it applies for your vehicles:</P>
                            <STARS/>
                            <P>(8) If you install auxiliary power units in tractors under § 1037.102(c), identify the family name associated with the engine's certification under 40 CFR part 1039. Starting in model year 2024, also identify the family name associated with the auxiliary power unit's certification to the standards of 40 CFR 1039.699.</P>
                            <STARS/>
                            <P>(t) Include the information required by other subparts of this part.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>133. Amend § 1037.230 by revising paragraphs (a) introductory text, (b), and (d)(2) introductory text to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.230 </SECTNO>
                            <SUBJECT>Vehicle families, sub-families, and configurations.</SUBJECT>
                            <P>(a) Divide your product line into families of vehicles based on regulatory subcategories as specified in this section. Subcategories are specified using terms defined in § 1037.801. Your vehicle family is limited to a single model year.</P>
                            <STARS/>
                            <P>(b) If the vehicles in your family are being certified to more than one FEL, subdivide your vehicle families into subfamilies that include vehicles with identical FELs. Note that you may add subfamilies at any time during the model year.</P>
                            <STARS/>
                            <P>(d) * * *</P>
                            <P>(2) For a Phase 2 or later vehicle model that includes a range of GVWR values that straddle weight classes, you may include all the vehicles in the same vehicle family if you certify the vehicle family to the numerically lower fuel consumption standard from the affected service classes. Vehicles that are optionally certified to a more stringent standard under this paragraph (d)(2) are subject to useful-life and all other provisions corresponding to the weight class with the numerically lower fuel consumption standard. For a Phase 2 or later tractor model that includes a range of roof heights that straddle subcategories, you may include all the vehicles in the same vehicle family if you certify the vehicle family to the appropriate subcategory as follows:</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>134. Revise § 1037.231 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.231 </SECTNO>
                            <SUBJECT>Powertrain families.</SUBJECT>
                            <P>See 40 CFR 1036.231 for provisions describing how to divide your product line into powertrain families.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>135. Amend § 1037.235 by revising the introductory text to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.235 </SECTNO>
                            <SUBJECT>Testing requirements for certification.</SUBJECT>
                            <P>This section describes the emission testing you must perform to show compliance with NHTSA's fuel efficiency program under 49 CFR part 535, and to determine any input values from § 1037.520 that involve measured quantities.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>136. Revise § 1037.241 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.241 </SECTNO>
                            <SUBJECT>Demonstrating compliance with fuel consumption standards.</SUBJECT>
                            <P>(a) Compliance determinations for purposes of certification depend on whether or not you participate in the ABT program in subpart H of this part.</P>
                            <P>
                                (1) If none of your vehicle families generate or use credits in a given model year, each of your vehicle families is 
                                <PRTPAGE P="7791"/>
                                considered in compliance if all vehicle configurations in the family have modeled CO
                                <E T="52">2</E>
                                 emission rates from § 1037.520 that are at or below the applicable standards. A vehicle family is deemed not to comply if any vehicle configuration in the family has a modeled fuel consumption value that is above the applicable standard.
                            </P>
                            <P>(2) If you generate or use credits with one or more vehicle families in a given model year, your vehicle families within an averaging set are considered in compliance if the sum of positive and negative credits for all vehicle configurations in those vehicle families lead to a zero balance or a positive balance of credits, except as allowed by § 1037.745 for NHTSA's fuel efficiency program. Note that the FEL is considered to be the applicable emission standard for an individual configuration.</P>
                            <P>(b) We may require you to provide an engineering analysis showing that the performance of your controls will not deteriorate during the useful life with proper maintenance. If we determine that your controls are likely to deteriorate during the useful life, we may require you to develop and apply deterioration factors consistent with good engineering judgment. Where the highest useful life fuel consumption occurs between the end of useful life and at the low-hour test point, base deterioration factors for the vehicles on the difference between (or ratio of) the point at which the highest fuel consumption occurs and the low-hour test point. </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>137. Amend § 1037.501 by revising the introductory text and paragraphs (a), (b), (d)(2), and (f) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.501 </SECTNO>
                            <SUBJECT>General testing and modeling provisions.</SUBJECT>
                            <P>This subpart specifies how to perform testing and modeling required elsewhere in this part for demonstrating compliance with fuel consumption standards under 49 CFR part 535.</P>
                            <P>(a) Except as specified in subpart B of this part, you must demonstrate that you meet the applicable standards using modeling as described in § 1037.520. This modeling depends on several measured values as described in this subpart. You may use fuel-mapping information from the engine manufacturer as described in 40 CFR 1036.535 and 1036.540, or you may use powertrain testing as described in 40 CFR 1036.545.</P>
                            <P>
                                (b) Where testing is required, use equipment and procedures as described in 40 CFR part 1065 and part 1066. Measure CO
                                <E T="52">2</E>
                                 emissions as specified in 40 CFR part 1065 and part 1066. Use the applicable duty cycles specified in § 1037.510.
                            </P>
                            <STARS/>
                            <P>(d) * * *</P>
                            <P>(2) For diesel-fueled vehicles, use the appropriate diesel fuel specified for emission testing. Unless specified otherwise, the appropriate diesel test fuel is ultra-low sulfur diesel fuel.</P>
                            <STARS/>
                            <P>(f) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you, and to us when we perform testing to determine if your vehicles meet the standards.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>138. Amend § 1037.520 by revising the section heading and introductory text to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.520 </SECTNO>
                            <SUBJECT>
                                Modeling CO
                                <E T="0735">2</E>
                                 emissions to show that vehicles comply with fuel consumption standards.
                            </SUBJECT>
                            <P>This section describes how to use the Greenhouse gas Emissions Model (GEM) to show compliance with NHTSA's fuel consumption standards under 49 CFR part 535. Use GEM version 2.0.1 to demonstrate compliance with Phase 1 standards; use GEM Phase 2, Version 4.0 to demonstrate compliance with Phase 2 standards (both incorporated by reference, see § 1037.810). Use good engineering judgment when demonstrating compliance using GEM.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>139. Amend § 1037.540 by revising the introductory text and paragraph (a)(1) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.540 </SECTNO>
                            <SUBJECT>Special procedures for testing vehicles with hybrid power take-off.</SUBJECT>
                            <P>This section describes optional procedures for quantifying the reduction in fuel consumption for vehicles as a result of running power take-off (PTO) devices with a hybrid energy delivery system. See 40 CFR 1036.545 for powertrain testing requirements that apply for drivetrain hybrid systems. The procedures are written to test the PTO by ensuring that the engine produces all of the energy with no net change in stored energy (charge-sustaining), and for plug-in hybrid electric vehicles, also allowing for drawing down the stored energy (charge-depleting). The full charge-sustaining test for the hybrid vehicle is from a fully charged rechargeable energy storage system (RESS) to a depleted RESS and then back to a fully charged RESS. You must include all hardware for the PTO system. You may ask us to modify the provisions of this section to allow testing hybrid vehicles that use a technology other than batteries for storing energy, consistent with good engineering judgment. For plug-in hybrid electric vehicles, use a utility factor to properly weight charge-sustaining and charge-depleting operation as described in paragraph (f)(3) of this section.</P>
                            <P>(a) * * *</P>
                            <P>(1) Select a vehicle with a hybrid energy delivery system to represent the range of PTO configurations that will be covered by the test data. If your test data will represent more than one PTO configuration, use good engineering judgment to select the configuration with the maximum number of PTO circuits that has the smallest potential reduction in fuel consumption.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>140. Add § 1037.550 to subpart F to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.550 </SECTNO>
                            <SUBJECT>Powertrain testing.</SUBJECT>
                            <P>See 40 CFR 1036.545 for the powertrain test procedure.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>141. Amend § 1037.551 by revising paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.551 </SECTNO>
                            <SUBJECT>Engine-based simulation of powertrain testing.</SUBJECT>
                            <STARS/>
                            <P>(a) Use the procedures of 40 CFR part 1065 to set up the engine, measure emissions, and record data. Measure individual parameters and emission constituents as described in this section. For hybrid powertrains, correct for the net energy change of the energy storage device as described in 40 CFR 1066.501(a)(3).</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>142. Amend § 1037.555 by revising paragraph (c) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.555 </SECTNO>
                            <SUBJECT>Special procedures for testing Phase 1 hybrid systems.</SUBJECT>
                            <STARS/>
                            <P>
                                (c) Collect and measure emissions as described in 40 CFR part 1066. Calculate emission rates in grams per ton-mile without rounding. Determine values for 
                                <E T="03">A, B, C,</E>
                                 and 
                                <E T="03">M</E>
                                 for the vehicle being simulated as specified in 40 CFR part 1066. If you will apply an improvement factor or test results to multiple vehicle configurations, use values of 
                                <E T="03">A, B, C, M, k</E>
                                <E T="52">a</E>
                                , and 
                                <E T="03">r</E>
                                 that represent the vehicle configuration with the smallest potential reduction in greenhouse gas emissions as a result of the hybrid capability.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>143. Amend § 1037.560 by revising paragraph (b)(4) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.560 </SECTNO>
                            <SUBJECT>Axle efficiency test.</SUBJECT>
                            <STARS/>
                            <P>
                                (b) * * *
                                <PRTPAGE P="7792"/>
                            </P>
                            <P>(4) Add gear oil according to the axle manufacturer's instructions. If the axle manufacturer specifies multiple gear oils, select the one with the highest viscosity at operating temperature. You may use a lower-viscosity gear oil if we approve it. Fill the gear oil to a level that represents in-use operation. You may use an external gear oil conditioning system, as long as it does not affect measured values.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>144. Amend § 1037.565 by revising paragraph (b)(3) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.565 </SECTNO>
                            <SUBJECT>Transmission efficiency test.</SUBJECT>
                            <STARS/>
                            <P>(b) * * *</P>
                            <P>(3) Add transmission oil according to the transmission manufacturer's instructions. If the transmission manufacturer specifies multiple transmission oils, select the one with the highest viscosity at operating temperature. You may use a lower-viscosity transmission oil if we approve it. Fill the transmission oil to a level that represents in-use operation. You may use an external transmission oil conditioning system, as long as it does not affect measured values.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>145. Amend § 1037.570 by revising paragraph (a)(4)(i) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.570 </SECTNO>
                            <SUBJECT>Procedures to characterize torque converters.</SUBJECT>
                            <STARS/>
                            <P>(a) * * *</P>
                            <P>(4) * * *</P>
                            <P>(i) If the torque converter manufacturer specifies multiple transmission oils, select the one with the highest viscosity at operating temperature. You may use a lower-viscosity transmission oil if we approve it.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>146. Amend § 1037.605 by revising paragraph (d) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.605 </SECTNO>
                            <SUBJECT>Installing engines certified to alternate standards for specialty vehicles.</SUBJECT>
                            <STARS/>
                            <P>
                                (d) 
                                <E T="03">Vehicle standards.</E>
                                 The Vehicle standards apply as follows for these vehicles:
                            </P>
                            <P>(1) Vehicles qualifying under this section are subject to evaporative emission standards as specified in § 1037.103, but are exempt from the other requirements of this part, except as specified in this section and in § 1037.601.</P>
                            <P>(2) Hybrid vehicles may need to use GEM in conjunction with powertrain testing to demonstrate compliance with fuel consumption standards.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>147. Amend § 1037.610 by revising paragraphs (a) and (d)(1) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.610 </SECTNO>
                            <SUBJECT>Vehicles with off-cycle technologies.</SUBJECT>
                            <P>(a) You may ask us to apply the provisions of this section for fuel consumption reductions resulting from vehicle technologies that were not in common use with heavy-duty vehicles before model year 2010 that are not reflected in GEM. While you are not required to prove that such technologies were not in common use with heavy-duty vehicles before model year 2010, we will not approve your request if we determine that they do not qualify. These may be described as off-cycle or innovative technologies. You may apply these provisions for fuel consumption reductions reflected in the specified test procedures if they are not reflected in GEM, except as allowed under paragraph (g) of this section. We will apply these provisions only for technologies that will result in measurable, demonstrable, and verifiable real-world fuel consumption reductions.</P>
                            <STARS/>
                            <P>(d) * * *</P>
                            <P>(1) A detailed description of the off-cycle technology and how it functions to reduce fuel consumption under conditions not represented on the duty cycles required for certification.</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>148. Amend § 1037.615 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraphs (a), (b)(4), and (d);</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (f); and</AMDPAR>
                        <AMDPAR>c. Revising paragraph (g).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1037.615 </SECTNO>
                            <SUBJECT>Advanced technologies.</SUBJECT>
                            <P>
                                (a) This section describes how to calculate emission credits for advanced technologies. You may calculate Phase 1 advanced technology credits through model year 2020 for hybrid vehicles with regenerative braking, vehicles equipped with Rankine-cycle engines, battery electric vehicles, and fuel cell electric vehicles. You may calculate Phase 2 advanced technology credits through model year 2026 for plug-in hybrid electric vehicles, battery electric vehicles, and fuel cell electric vehicles. You may not generate credits for Phase 1 engine technologies for which the engines generate CO
                                <E T="52">2</E>
                                 credits under 40 CFR part 1036.
                            </P>
                            <P>(b) * * *</P>
                            <STARS/>
                            <P>(d) For Phase 2 plug-in hybrid electric vehicles and for fuel cells powered by any fuel other than hydrogen, calculate credits using an FEL based on measurements from powertrain testing. Phase 2 advanced technology credits do not apply for hybrid vehicles that have no plug-in capability.</P>
                            <STARS/>
                            <P>(g) As specified in subpart H of this part, advanced-technology credits generated from Phase 1 vehicles under this section may be used under this part outside of the averaging set in which they were generated. Advanced-technology credits generated from Phase 2 and later vehicles are subject to the averaging-set restrictions that apply to other credits.</P>
                            <P>(h) You may certify using both provisions of this section and the off-cycle technology provisions of § 1037.610, provided you do not double count benefits. </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>149. Amend § 1037.620 by revising paragraphs (a)(2) and (e) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.620 </SECTNO>
                            <SUBJECT>Responsibilities for multiple manufacturers.</SUBJECT>
                            <STARS/>
                            <P>(a) * * *</P>
                            <P>(2) We will apply the requirements of subparts C and D of this part to the manufacturer that certifies the vehicle. Other manufacturers are required to comply with the requirements of subparts C and D of this part only when notified by us. In our notification, we will specify a reasonable time period in which you need to comply with the requirements identified in the notice. See § 1037.601 for the applicability of 40 CFR part 1068 to these other manufacturers and remanufacturers.</P>
                            <STARS/>
                            <P>(e) We may require component manufacturers to provide information or take other actions. For example, we may require component manufacturers to test components they produce.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>150. Amend § 1037.622 by:</AMDPAR>
                        <AMDPAR>a. Revising the introductory text and paragraph (a)(2); and</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (d)(5).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1037.622 </SECTNO>
                            <SUBJECT>Shipment of partially complete vehicles to secondary vehicle manufacturers.</SUBJECT>
                            <P>
                                This section specifies how manufacturers may introduce partially complete vehicles into U.S. commerce (or in the case of certain custom vehicles, introduce complete vehicles into U.S. commerce for modification by a small manufacturer). The provisions of this section are intended to accommodate normal business practices without compromising the effectiveness 
                                <PRTPAGE P="7793"/>
                                of certified emission controls. You may not use the provisions of this section to circumvent the intent of this part.
                            </P>
                            <P>(a) * * *</P>
                            <P>
                                (2) 
                                <E T="03">Uncertified vehicles that will be certified by secondary vehicle manufacturers.</E>
                                 Manufacturers may introduce into U.S. commerce partially complete vehicles for which they do not hold the required certificate of conformity only as allowed by paragraph (b) of this section; however, the requirements of this section do not apply for tractors or vocational vehicles with a date of manufacture before January 1, 2022, that are produced by a secondary vehicle manufacturer if they are excluded under § 1037.5.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>151. Amend § 1037.631 by revising the introductory text and paragraph (a) introductory text to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.631 </SECTNO>
                            <SUBJECT>Exemption for vocational vehicles intended for off-road use.</SUBJECT>
                            <P>This section provides an exemption from the fuel consumption standards under 49 CFR part 535 for certain vocational vehicles (including certain vocational tractors) that are intended to be used extensively in off-road environments such as forests, oil fields, and construction sites. This section does not exempt engines used in vocational vehicles from the standards of 40 CFR part 86 or part 1036. Note that you may not include these exempted vehicles in any credit calculations.</P>
                            <P>
                                (a) 
                                <E T="03">Qualifying criteria.</E>
                                 Vocational vehicles intended for off-road use are exempt without request, subject to the provisions of this section, if they are primarily designed to perform work off-road (such as in oil fields, mining, forests, or construction sites), and they meet at least one of the criteria of paragraph (a)(1) of this section and at least one of the criteria of paragraph (a)(2) of this section. See § 1037.105(h) for alternate Phase 2 standards that apply for vehicles meeting only one of these sets of criteria.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>152. Amend § 1037.635 by:</AMDPAR>
                        <AMDPAR>a. Revising paragraphs (a) and (b) introductory text; and</AMDPAR>
                        <AMDPAR>b. Removing and reserving paragraph (b)(1).</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1037.635 </SECTNO>
                            <SUBJECT>Glider kits and glider vehicles.</SUBJECT>
                            <STARS/>
                            <P>(a) Vehicles produced from glider kits and other glider vehicles are subject to the same standards as other new vehicles. Note that this requirement for the vehicle generally applies even if the engine meets the criteria of paragraph (c)(1) of this section. For engines originally produced before 2017, if you are unable to obtain a fuel map for an engine you may ask to use a default map, consistent with good engineering judgment.</P>
                            <P>(b) Section 1037.601(a)(1) disallows the introduction into U.S. commerce of a new vehicle (including a vehicle assembled from a glider kit) unless it has an engine that is certified to the applicable standards in 40 CFR parts 86 and 1036. Except as specified otherwise in this part, the standards apply for engines used in glider vehicles as follows:</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1037.645</SECTNO>
                        <SUBJECT>[Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>153. Remove § 1037.645.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>154. Amend § 1037.655 by revising paragraph (a) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.655</SECTNO>
                            <SUBJECT>Post-useful life vehicle modifications.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General.</E>
                                 This section specifies vehicle modifications that may occur in certain circumstances after a vehicle reaches the end of its regulatory useful life. We may require a higher burden of proof with respect to modifications that occur within the useful life period, and the specific examples presented here do not necessarily apply within the useful life. This section also does not apply with respect to engine modifications or recalibrations.
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§§ 1037.665</SECTNO>
                        <SUBJECT>and 1037.670 [Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>155. Remove §§ 1037.665 and 1037.670.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>156. Revise § 1037.701 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.701 </SECTNO>
                            <SUBJECT>General provisions.</SUBJECT>
                            <P>(a) You may average, bank, and trade credits as described in 49 CFR part 535. Participation in this program is voluntary.</P>
                            <P>(b) The definitions of subpart I of this part apply to this subpart in addition to the following definitions:</P>
                            <P>
                                (1) 
                                <E T="03">Actual credits</E>
                                 means credits you have generated that we have verified by reviewing your final report.
                            </P>
                            <P>
                                (2) 
                                <E T="03">Averaging set</E>
                                 means a set of vehicles in which credits may be exchanged. Note that an averaging set may comprise more than one regulatory subcategory. See § 1037.740.
                            </P>
                            <P>
                                (3) 
                                <E T="03">Broker</E>
                                 means any entity that facilitates a trade of credits between a buyer and seller.
                            </P>
                            <P>
                                (4) 
                                <E T="03">Buyer</E>
                                 means the entity that receives credits as a result of a trade.
                            </P>
                            <P>
                                (5) 
                                <E T="03">Reserved credits</E>
                                 means credits you have generated that we have not yet verified by reviewing your final report.
                            </P>
                            <P>
                                (6) 
                                <E T="03">Seller</E>
                                 means the entity that provides credits during a trade.
                            </P>
                            <P>
                                (7) 
                                <E T="03">Standard</E>
                                 means the standard that applies under subpart B of this part for vehicles not participating in the ABT program of this subpart.
                            </P>
                            <P>
                                (8) 
                                <E T="03">Trade</E>
                                 means to exchange credits, either as a buyer or seller.
                            </P>
                            <P>(c) Credits may be exchanged only within an averaging set, except as specified in § 1037.740.</P>
                            <P>(d) You may not use credits generated under this subpart to offset any emissions that exceed an FEL or standard.</P>
                            <P>(e) You may use either of the following approaches to retire or forego credits:</P>
                            <P>(1) You may trade credits generated from any number of your vehicles to the vehicle purchasers or other parties to retire the credits. Identify any such credits in the reports described in § 1037.730. Vehicles must comply with the applicable FELs even if you donate or sell the corresponding credits under this paragraph (e). Those credits may no longer be used by anyone to demonstrate compliance with any standards.</P>
                            <P>(2) You may certify a family using an FEL below the standard as described in this part and choose not to generate credits for that family. If you do this, you do not need to calculate credits for those families and you do not need to submit or keep the associated records described in this subpart for that family.</P>
                            <P>(f) Credits may be used in the model year they are generated. Where allowed, surplus credits may be banked for future model years. Surplus credits may sometimes be used for past model years, as described in § 1037.745. You may not apply banked or traded credits in a given model year until you have used all available credits through averaging to resolve credit balances for that model year.</P>
                            <P>(g) You may increase or decrease an FEL during the model year by amending your application for certification under § 1037.225. The new FEL may apply only to vehicles you have not already introduced into commerce.</P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§§ 1037.705,1037.710, 1037.715, and 1037.720 </SECTNO>
                            <SUBJECT>[Removed]</SUBJECT>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>157. Remove §§ 1037.705, 1037.710, 1037.715, and 1037.720.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>158. Revise § 1037.725 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.725 </SECTNO>
                            <SUBJECT>Required information for certification.</SUBJECT>
                            <P>
                                (a) You must declare your intent to use the provisions of this subpart for each vehicle family that will be certified using the ABT program before 
                                <PRTPAGE P="7794"/>
                                production. You must also declare the FELs you select for the vehicle family or subfamily for each pollutant for which you are using the ABT program. Your FELs must comply with the specifications of subpart B of this part. FELs must be expressed to the same number of decimal places as the applicable standards.
                            </P>
                            <P>(b) Your declaration must include the following information:</P>
                            <P>(1) A statement that, to the best of your belief, you will not have a negative balance of credits for any averaging set when all credits are calculated at the end of the year; or a statement that you will have a negative balance of credits for one or more averaging sets but that it is allowed under § 1037.745 for NHTSA's fuel efficiency program.</P>
                            <P>(2) Calculations of projected credits (positive or negative) based on projected U.S.-directed production volumes. We may require you to include similar calculations from your other vehicle families to project your net credit balances for the model year. If you project negative credits for a family or subfamily, state the source of positive credits you expect to use to offset the negative credits.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>159. Revise and republish § 1037.730 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.730 </SECTNO>
                            <SUBJECT>ABT reports.</SUBJECT>
                            <P>(a) If you certify any vehicle families using the ABT provisions of this subpart, send us a final report by September 30 following the end of the model year.</P>
                            <P>(b) Your report must include the following information for each vehicle family participating in the ABT program:</P>
                            <P>(1) Vehicle-family and subfamily designations, and averaging set.</P>
                            <P>(2) The regulatory subcategory and standards that would otherwise apply to the vehicle family.</P>
                            <P>(3) The FEL. If you change the FEL after the start of production, identify the date that you started using the new FEL and/or give the vehicle identification number for the first vehicle covered by the new FEL. In this case, identify each applicable FEL and calculate the positive or negative credits as specified in § 1037.225.</P>
                            <P>(4) The projected and actual production volumes for the model year for calculating credits. If you changed an FEL during the model year, identify the actual production volume associated with each FEL.</P>
                            <P>(5) Useful life.</P>
                            <P>(6) Calculated positive or negative credits for the whole vehicle family. Identify any credits that you traded, as described in paragraph (d)(1) of this section.</P>
                            <P>(7) If you have a negative credit balance for the averaging set in the given model year, specify whether the vehicle family (or certain subfamilies with the vehicle family) have a credit deficit for the year. Consider for example, a manufacturer with three vehicle families (“A”, “B”, and “C”) in a given averaging set. If family A generates enough credits to offset the negative credits of family B but not enough to also offset the negative credits of family C (and the manufacturer has no banked credits in the averaging set), the manufacturer may designate families A and B as having no deficit for the model year, provided it designates family C as having a deficit for the model year.</P>
                            <P>(c) Your report must include the following additional information:</P>
                            <P>(1) Show that your net balance of credits from all your participating vehicle families in each averaging set in the applicable model year is not negative, except as allowed under § 1037.745 for NHTSA's fuel efficiency program. Your credit tracking must account for the limitation on credit life under § 1037.740(c).</P>
                            <P>(2) State whether you will retain any credits for banking. If you choose to retire credits that would otherwise be eligible for banking, identify the families that generated the credits, including the number of credits from each family.</P>
                            <P>(3) State that the report's contents are accurate.</P>
                            <P>(4) Identify the technologies that make up the certified configuration associated with each vehicle identification number. You may identify this as a range of identification numbers for vehicles involving a single, identical certified configuration.</P>
                            <P>(d) If you trade credits, you must send us a report within 90 days after the transaction, as follows:</P>
                            <P>(1) As the seller, you must include the following information in your report:</P>
                            <P>(i) The corporate names of the buyer and any brokers.</P>
                            <P>(ii) A copy of any contracts related to the trade.</P>
                            <P>(iii) The averaging set corresponding to the vehicle families that generated credits for the trade, including the number of credits from each averaging set.</P>
                            <P>(2) As the buyer, you must include the following information in your report:</P>
                            <P>(i) The corporate names of the seller and any brokers.</P>
                            <P>(ii) A copy of any contracts related to the trade.</P>
                            <P>(iii) How you intend to use the credits, including the number of credits you intend to apply for each averaging set.</P>
                            <P>(e) Send your reports electronically to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver.</P>
                            <P>(f) Correct errors in your report as follows:</P>
                            <P>(1) If you notify us by the deadline for submitting the final report that errors mistakenly decreased your balance of credits, you may correct the errors and recalculate the balance of credits. If you notify us that errors mistakenly decreased your balance of credits after the deadline for submitting the final report, you may correct the errors and recalculate the balance of credits after applying a 10 percent discount to the credit correction, but only if you notify us within 24 months after the deadline for submitting the final report. If you report a negative balance of credits, we may disallow corrections under this paragraph (f)(1).</P>
                            <P>(2) If you or we determine any time that errors mistakenly increased your balance of credits, you must correct the errors and recalculate the balance of credits.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>160. Amend § 1037.735 by revising paragraphs (b) and (e) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.735 </SECTNO>
                            <SUBJECT>Recordkeeping.</SUBJECT>
                            <STARS/>
                            <P>(b) Keep the records required by this section for at least eight years after the due date for the final report. You may not use credits for any vehicles if you do not keep all the records required under this section. You must therefore keep these records to continue to bank valid credits.</P>
                            <STARS/>
                            <P>(e) We may require you to keep additional records or to send us relevant information not required by this section.</P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>161. Revise § 1037.740 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.740 </SECTNO>
                            <SUBJECT>Restrictions for using credits.</SUBJECT>
                            <P>The following restrictions apply for using credits.</P>
                            <P>
                                (a) 
                                <E T="03">Averaging sets.</E>
                                 Credits may be exchanged only within an averaging set. The following principal averaging sets apply for vehicles certified to the standards of this part involving credits as described in this subpart:
                            </P>
                            <P>(1) Light HDV.</P>
                            <P>(2) Medium HDV.</P>
                            <P>(3) Heavy HDV.</P>
                            <P>
                                (4) Note that other separate averaging sets also apply for credits not related to 
                                <PRTPAGE P="7795"/>
                                this part. Separate averaging sets also apply for engines under 40 CFR part 1036, including engines used in vehicles subject to this subpart.
                            </P>
                            <P>(b) [Reserved]</P>
                            <P>
                                (c) 
                                <E T="03">Credit life.</E>
                                 Banked credits may be used only for five model years after the year in which they are generated.
                            </P>
                            <P>
                                (d) 
                                <E T="03">Other restrictions.</E>
                                 Other sections of this part specify additional restrictions for using credits under certain special provisions. 
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>162. Revise § 1037.745 to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.745 </SECTNO>
                            <SUBJECT>End-of-year credit deficits.</SUBJECT>
                            <P>See 49 CFR 535.7 for provisions related to credit deficits for NHTSA's fuel consumption credits.</P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1037.750 </SECTNO>
                        <SUBJECT>[Removed]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>163. Remove § 1037.750.</AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>164. Amend § 1037.801 by:</AMDPAR>
                        <AMDPAR>a. Revising the definitions of “Model year”, “Phase 1”, and “Phase 2”;</AMDPAR>
                        <AMDPAR>b. Removing the definitions of “Phase 3” and “State of certified energy (SOCE)”;</AMDPAR>
                        <AMDPAR>c. Revising the definition of “Tractor”;</AMDPAR>
                        <AMDPAR>d. Removing the definition of “Usable battery energy (UBE)”; and</AMDPAR>
                        <AMDPAR>e. Revising the definitions of “Vocational vehicle” and “We (us, our)”.</AMDPAR>
                        <P>The revisions read as follows:</P>
                        <SECTION>
                            <SECTNO>§ 1037.801 </SECTNO>
                            <SUBJECT>Definitions.</SUBJECT>
                            <STARS/>
                            <P>
                                <E T="03">Model year</E>
                                 means one of the following for compliance with this part. Note that manufacturers may have other model year designations for the same vehicle for compliance with other requirements or for other purposes:
                            </P>
                            <P>
                                (1) For vehicles with a date of manufacture on or after January 1, 2021, 
                                <E T="03">model year</E>
                                 means the manufacturer's annual new model production period based on the vehicle's date of manufacture, where the model year is the calendar year corresponding to the date of manufacture, except as follows:
                            </P>
                            <P>(i) The vehicle's model year may be designated as the year before the calendar year corresponding to the date of manufacture if the engine's model year is also from an earlier year. You may ask us to extend your prior model year certificate to include such vehicles. Note that § 1037.601(a)(2) limits the extent to which vehicle manufacturers may install engines built in earlier calendar years.</P>
                            <P>(ii) The vehicle's model year may be designated as the year after the calendar year corresponding to the vehicle's date of manufacture. For example, a manufacturer may produce a new vehicle by installing the engine in December 2023 and designating it as a model year 2024 vehicle.</P>
                            <P>
                                (2) For vehicles with a date of manufacture before January 1, 2021, 
                                <E T="03">model year</E>
                                 means the manufacturer's annual new model production period, except as restricted under this definition and 40 CFR part 85, subpart X. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. The model year may be set to match the calendar year corresponding to the date of manufacture.
                            </P>
                            <P>(i) The manufacturer who holds the certificate of conformity for the vehicle must assign the model year based on the date when its manufacturing operations are completed relative to its annual model year period. In unusual circumstances where completion of your assembly is delayed, we may allow you to assign a model year one year earlier, provided it does not affect which regulatory requirements will apply.</P>
                            <P>(ii) Unless a vehicle is being shipped to a secondary vehicle manufacturer that will hold the certificate of conformity, the model year must be assigned prior to introduction of the vehicle into U.S. commerce. The certifying manufacturer must redesignate the model year if it does not complete its manufacturing operations within the originally identified model year. A vehicle introduced into U.S. commerce without a model year is deemed to have a model year equal to the calendar year of its introduction into U.S. commerce unless the certifying manufacturer assigns a later date.</P>
                            <STARS/>
                            <P>
                                <E T="03">Phase 1</E>
                                 means relating to the Phase 1 fuel consumption standards.
                            </P>
                            <P>
                                <E T="03">Phase 2</E>
                                 means relating to the Phase 2 fuel consumption standards.
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Tractor</E>
                                 means a truck designed primarily for drawing other motor vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn. This includes most heavy-duty vehicles specifically designed for the primary purpose of pulling trailers, but does not include vehicles designed to carry other loads. For purposes of this definition “other loads” would not include loads carried in the cab, sleeper compartment, or toolboxes. Examples of vehicles that are similar to tractors but that are not 
                                <E T="03">tractors</E>
                                 under this part include dromedary tractors, automobile haulers, straight trucks with trailers hitches, and tow trucks. Note that the provisions of this part that apply for tractors do not apply for tractors that are classified as vocational tractors under § 1037.630.
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Vocational vehicle</E>
                                 means a heavy-duty vehicle at or below 26,000 pounds GVWR that is not subject to standards under 40 CFR part 86, subpart S, or a heavy-duty vehicle above 26,000 pounds GVWR that is not a tractor.
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">We (us, our)</E>
                                 means the Administrator of the Environmental Protection Agency and any authorized representatives for issues related to criteria pollutant standards. In the case of testing, compliance, and approvals related to fuel consumption standards, “we (us, our)” includes the Administrator of the National Highway Traffic Safety Administration (NHTSA) and any authorized representatives.
                            </P>
                        </SECTION>
                    </REGTEXT>
                    <SECTION>
                        <SECTNO>§ 1037.805 </SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>
                            165. Amend § 1037.805 by removing “CH
                            <E T="52">4</E>
                            ” and “N
                            <E T="52">2</E>
                            O” from table 1 to paragraph (a). 
                        </AMDPAR>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1036">
                        <AMDPAR>166. Amend § 1037.810 by revising paragraphs (c)(3) and (6) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1037.810 </SECTNO>
                            <SUBJECT>Incorporation by reference.</SUBJECT>
                            <STARS/>
                            <P>(c) * * *</P>
                            <P>(3) SAE J1263 MAR2010, Road Load Measurement and Dynamometer Simulation Using Coastdown Techniques, Revised March 2010, (“SAE J1263”); IBR approved for § 1037.528 introductory text, (a), (b), (c), (e), and (h).</P>
                            <STARS/>
                            <P>(6) SAE J2263 MAY2020, (R) Road Load Measurement Using Onboard Anemometry and Coastdown Techniques, Revised May 2020, (“SAE J2263”); IBR approved for § 1037.528 introductory text, (a), (b), (d), and (f).</P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <PART>
                        <HD SOURCE="HED">PART 1039—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES</HD>
                    </PART>
                    <REGTEXT TITLE="40" PART="1037">
                        <AMDPAR>167. The authority citation for part 1039 continues to read as follows:</AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority:</HD>
                            <P>42 U.S.C. 7401-7671q.</P>
                        </AUTH>
                    </REGTEXT>
                    <REGTEXT TITLE="40" PART="1037">
                        <AMDPAR>168. Amend § 1039.699 by revising paragraphs (a) and (n) to read as follows:</AMDPAR>
                        <SECTION>
                            <SECTNO>§ 1039.699 </SECTNO>
                            <SUBJECT>Emission standards and certification requirements for auxiliary power units for highway tractors.</SUBJECT>
                            <P>
                                (a) This section describes emission standards and certification requirements for auxiliary power units (APU) installed on highway tractors subject to 
                                <PRTPAGE P="7796"/>
                                standards under 40 CFR 1037.102 starting in model year 2024.
                            </P>
                            <STARS/>
                            <P>(n) If a highway tractor manufacturer violates 40 CFR 1037.102 by installing an APU from you that is not properly certified and labeled, you are presumed to have caused the violation (see 40 CFR 1068.101(c)).</P>
                        </SECTION>
                    </REGTEXT>
                </SUPLINF>
                <FRDOC>[FR Doc. 2026-03157 Filed 2-17-26; 8:45 am]</FRDOC>
                <BILCOD>BILLING CODE 6560-50-P</BILCOD>
            </RULE>
        </RULES>
    </NEWPART>
    <VOL>91</VOL>
    <NO>32</NO>
    <DATE>Wednesday, February 18, 2026</DATE>
    <UNITNAME>Presidential Documents</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="7797"/>
            <PARTNO>Part IV</PARTNO>
            <PRES>The President</PRES>
            <PNOTICE>Notice of February 13, 2026—Continuation of the National Emergency With Respect to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels</PNOTICE>
            <PNOTICE>Notice of February 13, 2026—Continuation of the National Emergency With Respect to Libya</PNOTICE>
        </PTITLE>
        <PRESDOCS>
            <PRESDOCU>
                <PRNOTICE>
                    <TITLE3>Title 3— </TITLE3>
                    <PRES>
                        The President
                        <PRTPAGE P="7799"/>
                    </PRES>
                    <PNOTICE>Notice of February 13, 2026</PNOTICE>
                    <HD SOURCE="HED">Continuation of the National Emergency With Respect to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels</HD>
                    <FP>On March 1, 1996, by Proclamation 6867, a national emergency was declared to address the disturbance or threatened disturbance of international relations caused by the February 24, 1996, destruction by the Cuban government of two unarmed, United States-registered civilian aircraft in international airspace north of Cuba. On February 26, 2004, by Proclamation 7757, the national emergency was expanded to deny monetary and material support to the Cuban government. On February 24, 2016, by Proclamation 9398, and on February 22, 2018, by Proclamation 9699, the national emergency was further modified based on continued disturbances or threatened disturbances of the international relations of the United States related to Cuba. The Cuban government has not demonstrated that it will refrain from the use of excessive force against United States vessels or aircraft that may engage in memorial activities or peaceful protest north of Cuba.</FP>
                    <FP>Further, the unauthorized entry of any United States-registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the United States because such entry could facilitate a mass migration from Cuba. It continues to be United States policy that a mass migration from Cuba would endanger United States national security by posing a disturbance or threatened disturbance of the international relations of the United States.</FP>
                    <PRTPAGE P="7800"/>
                    <FP>Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency with respect to Cuba and the emergency authority relating to the regulation of the anchorage and movement of vessels set out in Proclamation 6867, as amended by Proclamation 7757, Proclamation 9398, and Proclamation 9699.</FP>
                    <FP>
                        This notice shall be published in the 
                        <E T="03">Federal Register</E>
                         and transmitted to the Congress.
                    </FP>
                    <GPH SPAN="1" DEEP="80" HTYPE="RIGHT">
                        <GID>Trump.EPS</GID>
                    </GPH>
                    <PSIG> </PSIG>
                    <PLACE>THE WHITE HOUSE,</PLACE>
                    <DATE>February 13, 2026.</DATE>
                    <FRDOC>[FR Doc. 2026-03272 </FRDOC>
                    <FILED>Filed 2-17-26; 11:15 am]</FILED>
                    <BILCOD>Billing code 3395-F4-P</BILCOD>
                </PRNOTICE>
            </PRESDOCU>
        </PRESDOCS>
    </NEWPART>
    <VOL>91</VOL>
    <NO>32</NO>
    <DATE>Wednesday, February 18, 2026</DATE>
    <UNITNAME>Presidential Documents</UNITNAME>
    <PRESDOC>
        <PRESDOCU>
            <PRNOTICE>
                <PRTPAGE P="7801"/>
                <PNOTICE>Notice of February 13, 2026</PNOTICE>
                <HD SOURCE="HED">Continuation of the National Emergency With Respect to Libya</HD>
                <FP>
                    On February 25, 2011, by Executive Order 13566, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 
                    <E T="03">et seq.)</E>
                     to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of Colonel Muammar Qadhafi, his government, and close associates, which took extreme measures against the people of Libya, including by using weapons of war, mercenaries, and wanton violence against unarmed civilians. In addition, there was a serious risk that Libyan state assets would be misappropriated by Qadhafi, members of his government, members of his family, or his close associates if those assets were not protected. The foregoing circumstances, the prolonged attacks, and the increased numbers of Libyans seeking refuge in other countries from the attacks caused a deterioration in the security of Libya and posed a serious risk to its stability.
                </FP>
                <FP>On April 19, 2016, the President signed Executive Order 13726, which expanded the scope of the national emergency declared in Executive Order 13566. The President found that the ongoing violence in Libya, including attacks by armed groups against Libyan state facilities, foreign missions in Libya, and critical infrastructure, as well as human rights abuses, violations of the arms embargo imposed by United Nations Security Council Resolution 1970 (2011), and misappropriation of Libya's natural resources threaten the peace, security, stability, sovereignty, democratic transition, and territorial integrity of Libya, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States.</FP>
                <FP>The situation in Libya continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, and measures are needed to protect against the diversion of assets or other abuses by members of Qadhafi's family, their associates, and other persons hindering Libyan national reconciliation.</FP>
                <PRTPAGE P="7802"/>
                <FP>For this reason, the national emergency declared on February 25, 2011, and expanded on April 19, 2016, must continue in effect beyond February 25, 2026. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13566.</FP>
                <FP>
                    This notice shall be published in the 
                    <E T="03">Federal Register</E>
                     and transmitted to the Congress.
                </FP>
                <GPH SPAN="1" DEEP="80" HTYPE="RIGHT">
                    <GID>Trump.EPS</GID>
                </GPH>
                <PSIG> </PSIG>
                <PLACE>THE WHITE HOUSE,</PLACE>
                <DATE>February 13, 2026.</DATE>
                <FRDOC>[FR Doc. 2026-03279 </FRDOC>
                <FILED>Filed 2-17-26; 11:15 am]</FILED>
                <BILCOD>Billing code 3395-F4-P</BILCOD>
            </PRNOTICE>
        </PRESDOCU>
    </PRESDOC>
</FEDREG>
